WPIC 36.05.01 Malicious Harassment—Mistaken Belief
11 WAPRAC WPIC 36.05.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.05.01 (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 36.05.01 Malicious Harassment—Mistaken Belief
It is not a defense that the defendant was mistaken in [his] [her] perception of the other person's [race] [color] [religion] [ancestry] [national origin] [gender] [sexual orientation] [or] [mental, physical, or sensory handicap].
NOTE ON USE
Use this instruction in a malicious harassment case committed before July 28, 2019, involving a mistaken perception. Choose from among the bracketed phrases according to the evidence in the case. See Comment below.
The term “gender expression or identity,” and its definition, should be used only for cases that fall under the 2009 amendment to RCW 9A.36.080.
COMMENT
RCW 9A.36.080(3). In 2019, the Legislature substantially altered RCW 9A.36.080, the former crime of Malicious Harassment, and created instead a new Hate Crime offense. (Laws of 2019, Chapter 271, § 2 (effective July 28, 2019)). Use this instruction only for the offense of Malicious Harassment occurring before July 28, 2019. For the Hate Crime offense, effective July 28, 2019, use WPICs 36.90, WPICs36.90, et seq, new for this edition.
[Current as of April 2020.]
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