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WPI 16.02 Felony—Elements

6 WAPRAC WPI 16.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 16.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part II. Negligence—Risk—Misconduct—Proximate Cause
Chapter 16. Defenses
WPI 16.02 Felony—Elements
(Fill in felony)is a felony.
In order to find that the [person injured] [person killed] was engaged in the commission of this felony, you must find:(fill in elements of the felony).
NOTE ON USE
Use this instruction with WPI 16.01 (Felony—Defense) and WPI 21.08 (Burden of Proof on the Issues—Felony Defense). Consult the Washington Pattern Jury Instructions (Criminal) for the elements of the specific felony involved and for definitions of necessary terms.
Use bracketed material as applicable.
COMMENT
The following example illustrates how to use a criminal elements instruction (in this case, WPIC 60.04 (Burglary—Second Degree—Elements)) with this instruction:
Burglary in the second degree is a felony.
In order to find that (insert name) was engaged in the commission of this felony you must find:

  • (1) That (insert name) entered or remained unlawfully in a building; and

  • (2) That the entering or remaining was with the intent to commit a crime against a person or property therein.
In criminal cases the jury is customarily instructed that the elements of a felony include finding that the criminal acts occurred in the State of Washington and on a certain date. See WPIC 4.21 (Elements of the Crime—Form). Such findings are not required to establish the felony defense created by RCW 4.24.420, and elements relating to the location and the date need not be included with this instruction.
The statute requires that the felony engaged in by the plaintiff be a proximate cause of the injury or death before the felony defense is applicable. The jury is instructed in this regard by WPI 21.08 (Burden of Proof on the Issues—Felony Defense).
[Current as of September 2018.]
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