WPIC 36.51.04 Violation of a Court Order (RCW Chapters 9A.46 and 10.14)—Gross Misdemeanor—Eleme...
11 WAPRAC WPIC 36.51.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.51.04 (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 36.51.04 Violation of a Court Order (RCW Chapters 9A.46 and 10.14)—Gross Misdemeanor—Elements
To convict the defendant of the crime of violation of a court order, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), there existed a court order for protection;
(2) That the defendant knew of the existence of this order;
(3) That on or about said date, the defendant willfully [disobeyed] [violated] the court order for protection; and
(4) That the defendant's act occurred in the [State of Washington] [County of ] [City of ].
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 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.
Use this instruction in cases involving violations of court orders issued pursuant to RCW 10.14.170 and RCW 9A.46.40 only. For violations of other court orders, including domestic violence protection and no contact orders, sexual assault protection orders, dissolution restraining orders, and vulnerable adult protection orders, use WPIC 36.50 (Violation of a Court Order (26.50.110)—Gross Misdemeanor—Definition).
Select the bracketed phrase that applies. Use [disobeyed] for violations of RCW 10.14.170 and [violated] for violations of RCW 9A.46.040(2).
Use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 10.05 (Willfully—Definition) with this instruction.
In element (4), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
COMMENT
RCW 10.14.170 and RCW 9A.46.040(2).
Unlike RCW 26.50.110, which specifies that only certain prescribed violations of orders invoke criminal penalties, RCW 10.14.170 and RCW 9A.46.040(2) say simply that disobedience or violation of the order is the offense.
[Current as of April 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |