State v. Townsend

(concurring) — I agree with the majority that Townsend took a substantial step toward attempted rape. I disagree, however, with the majority’s conclusion that Washington’s privacy act, chapter 9.73 RCW, applies to Townsend’s computer communications. Instead, I would hold that the act seeks to protect individuals against surreptitious recording and interception of communications by a party only where the device used to record the conversation is different from the device used for the communication. Therefore, the act would not apply when the device used to communicate is the same instrument…