WPIC 120.15 Rendering Criminal Assistance—Special Verdict Form

Use this special verdict form with WPIC 120.14 (Rendering Criminal Assistance—Special Verdict—Relative) depending on what legal decision the user makes on the burden of proof problem. For further discussion, see the Note on Use and Comment to WPIC 120.14 (Rendering Criminal Assistance—Special Verdict—Relative). Use the bracketed language if the defendant is charged with rendering criminal assistance in the first degree. If the defendant is charged with rendering criminal assistance in the first degree and the jury is instructed on the lesser offense of rendering criminal assistance in the second degree, this special verdict form will need to be modified to account for the possibility that the jury may acquit on the greater charge.

This special verdict form incorporates a 2010 statutory amendment restricting the use of the relative defense in the case of rendering criminal assistance in the first degree to persons under the age of 18 at the time of the offense. RCW 9A.76.070(2)(b).

RCW 9A.76.070 and RCW 9A.76.080 provide that this question is to be established by a preponderance of the evidence. If it is not treated as a question of guilt or innocence, the use of this special verdict form will allow this issue to be submitted separately to the jury so that the jury's answer to this question may be used by the court in determining the degree of the crime and in assessing the penalty. See Note on Use and Comment to WPIC 120.14 (Rendering Criminal Assistance—Special Verdict—Relative).