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WPI 365.12 Sexually Violent Predators—Mental Abnormality—Definition

6A WAPRAC WPI 365.12Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 365.12 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIX. Involuntary Treatment
Chapter 365. Involuntary Treatment—Sexually Violent Predators
WPI 365.12 Sexually Violent Predators—Mental Abnormality—Definition
“Mental abnormality” means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit criminal sexual acts to a degree that makes the person a menace to the health and safety of others.
“Volitional capacity” means the power or capability to choose or decide.
Use this instruction in every case involving evidence of a mental abnormality.
The first paragraph of this instruction uses the definition of “mental abnormality” set forth in RCW 71.09.020, with minor modifications for better juror comprehension.
The second paragraph, defining volitional capacity, is included because the term “volitional capacity” is used in the statutory definition of “mental abnormality” and may not be readily understandable by a jury without further clarification.
[Current as of October 2020.]
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