WPIC 115.41 Bribe Receiving by a Witness—Elements
11A WAPRAC WPIC 115.41Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.41 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 115. Bribery And Corrupt Influence
WPIC 115.41 Bribe Receiving by a Witness—Elements
To convict the defendant of the crime of bribe receiving by a witness, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant was a [witness] [or] [person who had reason to believe [he] [she] [was about to be called as a witness in an official proceeding] [or] [may have had information relevant to a criminal investigation or the abuse or neglect of a minor child]];
(2) That the defendant requested, accepted, or agreed to accept any benefit;
(3) That the defendant requested, accepted, or agreed to accept such benefit pursuant to an agreement or understanding that [the defendant's testimony would thereby be influenced] [or] [the defendant would attempt to avoid legal process summoning [him] [her] to testify] [or] [the defendant would attempt to absent [himself] [herself] from an official proceeding to which [he] [she] had been legally summoned] [or] [the defendant would not report information [he] [she] had relevant to a criminal investigation or the abuse or neglect of a minor child]; and
(4) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use bracketed material as applicable. With this instruction, use WPIC 2.02 (Benefit—Definition). WPIC 118.16 (Official Proceeding—Definition) may also be used as applicable.
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).
COMMENT
RCW 9A.72.100(1).
The court in State v. Greco, 57 Wn.App. 196, 787 P.2d 940 (1990), rejected an argument that “agreement or understanding” was unconstitutionally vague, in the provision regarding accepting, requesting, or accepting bribes in the basic bribery statute, RCW 9A.68.010(1)(b). See the Comment to WPIC 115.03 (Bribery—Requesting or Accepting—Elements).
[Current as of September 2019.]
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