WPIC 74.00.02 Taking Motor Vehicle Without Permission—First Degree—Alternatives—Elements
11A WAPRAC WPIC 74.00.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 74.00.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 74. Taking Motor Vehicle
WPIC 74.00.02 Taking Motor Vehicle Without Permission—First Degree—Alternatives—Elements
To convict the defendant of the crime of taking a motor vehicle without permission in the first degree, each of the following four elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant intentionally took or drove away [an automobile] [a motor vehicle] without permission of the owner or person entitled to possession;
(2) That the [automobile] [motor vehicle] was the property of another;
(3) That the defendant
[(a) altered the motor vehicle for the purpose of changing its appearance or primary identification, including obscuring, removing, or changing the manufacturer's serial number or the vehicle identification number plates;] [or]
[(b) removed [, or participated in the removal of,] parts from the motor vehicle with the intent to sell the parts;] [or]
[(c) exported [, or attempted to export,] the motor vehicle across state lines or out of the United States for profit;] [or]
[(d) intended to sell the motor vehicle;] [or]
[(e) was engaged in a conspiracy and the central object of the conspiratorial agreement was the theft of motor vehicles for sale to others for profit;] [or]
[(f) was engaged in a conspiracy and had solicited a juvenile to participate in the theft of a motor vehicle;]
and
(4) That any of these acts occurred in the State of Washington.
If you find from the evidence that elements (1), (2), and (4) and any of the alternative elements [(3)(a),] [(3)(b),] [(3)(c),] [(3)(d),] [(3)(e),] or [(3)(f)] have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives [(3)(a),] [(3)(b),] [(3)(c),] [(3)(d),] [(3)(e),] or [(3)(f)] has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.
On the other hand, if after weighing all of the evidence you have a reasonable doubt as to any one of elements (1), (2), (3), or (4), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction for first degree taking a motor vehicle without permission.
The instruction is drafted for cases in which the jury needs to be instructed using two or more of the alternatives for element (3). Care must be taken to limit the alternatives to those that were included in the charging document and that are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form). For the related jury interrogatory, see WPIC 190.09 (Special Verdict Form—Elements with Alternatives). For any case in which substantial evidence supports only one of the alternatives in element (3), revise the instruction to remove references to alternative elements following the format set forth in WPIC 4.21 (Elements of the Crime—Form).
Use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 2.25 (Vehicle—Definition) with this instruction.
For a discussion of the phrase “any of these acts” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
If the facts on which jurisdiction is based are in dispute, a special verdict form may need to be submitted to the jury. See WPIC 4.20 (Introduction).
COMMENT
RCW 9A.56.070.
For discussion of related issues pertaining to what is now the second degree offense, see the Comment to WPIC 74.02 (Taking a Motor Vehicle Without Permission—Second Degree—Alternatives—Elements).
A riding lawnmower is not a motor vehicle under RCW 9A.56.065 (Theft of a Motor Vehicle). State v. Barnes, 189 Wn.2d 492, 403 P.3d 72 (2017). “A snowmobile is a ‘motor vehicle’ for purposes of RCW 9A.56.065.” State v. Wolvelaere, 195 Wn.2d 597, 611, 461 P.3d 1173 (2020).
Taking a motor vehicle without permission, RCW 9A.56.075, is not a lesser included offense of theft of a motor vehicle. State v. Ritchey, 1 Wn.App.2d 387, 405 P.3d 1018 (2017).
Practitioners need to be careful in applying to the current version of RCW 9A.56.070 the case law interpreting the former statute. Prior to 2002, the statute set forth what are now essentially the elements for the second degree offense, while the current statute sets forth the first degree offense. For a more detailed discussion of the evolution of these statutes see the Comment to WPIC 74.02 (Taking Motor Vehicle Without Permission—Second Degree—Alternatives—Elements).
[Current as of June 2020.]
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