WPIC 36.07.01 Harassment—Felony—Definition
11 WAPRAC WPIC 36.07.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.07.01 (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 36.07.01 Harassment—Felony—Definition
A person commits the crime of [felony] harassment when he or she, without lawful authority, knowingly threatens
[to cause bodily injury immediately or in the future to another person] [or]
[to cause physical damage to another person's property] [or]
[to subject another person to physical confinement or restraint] [or]
[maliciously to do any act which is intended to substantially harm another person with respect to his or her physical health or safety]
and when he or she by words or conduct places the person threatened in reasonable fear that the threat will be carried out and
[the threat to cause bodily harm consists of a threat to kill the threatened person or another person.] [or]
[the defendant was previously convicted of the crime of (insert appropriate prior offense) against [the threatened person] [or] [members of the threatened person's family or household] [or] [a person who was specifically named in a [no-contact] [no-harassment] order].] [or]
[the threatened person [was a criminal justice participant who was performing his or her official duties at the time the threat was made] [or] [was a criminal justice participant and the threat was made because of an action taken or decision made by the criminal justice participant during the performance of his or her duties]
and when the fear from the threat is a fear that a reasonable criminal justice participant would have under all the circumstances. [Threatening words do not constitute harassment if it was apparent to the criminal justice participant that the person did not have the present and future ability to carry out the threat.]]
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
The instruction applies only if the defendant is charged with felony harassment. Use the bracketed word “felony” only if the jury is also being instructed on the gross misdemeanor form of harassment.
With this instruction, use WPIC 2.24 (Threat—Definition) and WPIC 10.02 (Knowledge—Knowingly—Definition). Also use, as applicable, WPIC 2.03 (Bodily Injury—Physical Injury—Bodily Harm—Definition) and WPIC 2.13 (Malice—Maliciously—Definition). If an instruction defining the phrase “without lawful authority” would be helpful to jurors, then see the Note on Use and Comment for WPIC 36.27 (Stalking—Without Lawful Authority—Definition).
Use bracketed material as applicable.
For a definition of criminal justice participant, see WPIC 36.07.06 (Criminal Justice Participant—Definition).
COMMENT
RCW 9A.46.020.
For further discussion, see the Comments to WPIC 36.07.03 (Harassment—Felony—Previous Conviction—Elements) (discussing the statutory term “no-harassment order”) and WPIC 36.07.02 (Harassment—Felony—Threat to Kill—Elements).
A thorough analysis of when an enhancing factor should be included as an element as opposed to being addressed by way of a special verdict form is found in the Comment to WPIC 36.07 (Harassment—Gross Misdemeanor—Elements).
[Current as of July 2020.]
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