WPIC 36.25 Stalking—Intent to Intimidate or Harass—Inference
11 WAPRAC WPIC 36.25Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.25 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.25 Stalking—Intent to Intimidate or Harass—Inference
A person who attempts to contact or follow another person after being given actual notice that the person does not want to be contacted or followed may be inferred to have acted with intent to intimidate or harass the person. [“Contact” includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.]
This inference is not binding upon you. You are to determine what weight, if any, to give this inference, based on a review of all the evidence in the case bearing on the issue of intent.
NOTE ON USE
This instruction is based on the provision in RCW 9A.46.110(4) that creates a permissive inference about prima facie evidence of an intent to intimidate or harass. The WPI Committee recommends against routine use of this instruction. See the Comment below with regard to the risks involved in instructing jurors about prima facie evidence and permissive inferences.
Use the bracketed phrase if it is alleged that some of the contact was through e-mail or another electronic medium and if it will assist the jury in understanding the charge.
Do not use if the defendant is charged under RCW 9.61.260 (Cyberstalking).
COMMENT
RCW 9A.46.110(4).
The statute uses the term “prima facie evidence,” which the WPI Committee has interpreted as creating a permissible inference. For further discussion, see the Comments to WPIC 94.04 (Excessive Speed—Inference of Driving in a Reckless Manner) (discussing statutory designations of prima facie evidence) and WPIC 6.25 (Presumed to Intend Natural Consequences of Acts) (recommending caution in instructing on inferences and presumptions).
[Current as of April 2020.]
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