WPIC 36.21.01 Stalking—Felony—Definition
11 WAPRAC WPIC 36.21.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.21.01 (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 36.21.01 Stalking—Felony—Definition
A person commits the crime of [felony] stalking when, without lawful authority, he or she [intentionally and repeatedly harasses] [or] [repeatedly follows] a second person, placing that person in reasonable fear that the first person intends to injure [him] [her] [or] [a third person] [or] [the second person's property] [or] [a third person's property], either with the intent to frighten, intimidate, or harass, or under circumstances where the first person knows or reasonably should know that the second person is afraid, intimidated, or harassed;
and
[the first person had previously been convicted of any crime of harassment [against the second person] [or] [against a member of the second person's family or household] [or] [against any person specifically named in a protective order] [or]
[the first person violated a protective order protecting the second person] [or]
[the first person had been previously convicted of the crime of stalking] [or]
[the first person was armed with a deadly weapon during the stalking] [or]
[the first person knew that the second person was a current or former [law enforcement officer] [judge] [juror] [attorney] [victim advocate] [legislator] [community corrections officer] [employee, contract staff person, or volunteer of a correctional agency] [court employee] [court clerk] [courthouse facilitator] [employee of the [child protective] [child welfare] [adult protective] services division within the Department of Social and Health Services], and the first person stalked the second person in order [to retaliate for an act that the second person performed during the course of [his] [her] official duties] [or] [to influence the second person's performance of [his] [her] official duties] [or]
[the first person knew that the second person was a witness in a current or former adjudicative proceeding, and the first person stalked the second person to retaliate against [him] [her] for [his] [her] testimony or potential testimony].
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 stalking at the felony level. Use the bracketed word “felony” only if the jury is also being instructed on the gross misdemeanor form of stalking.
With this instruction, use WPIC 36.23 (Stalking—Harass—Definition), WPIC 10.01 (Intent—Intentionally—Definition), and WPIC 10.02 (Knowledge—Knowingly—Definition). Also use, as applicable, WPIC 36.22 (Stalking—Follows—Definition), WPIC 36.24 (Stalking—Repeatedly—Definition), and WPIC 36.21.07 (Deadly Weapon—Definition). See also WPIC 36.27 (Stalking—Without Lawful Authority—Definition) and WPIC 36.25 (Stalking—Intent to Intimidate or Harass—Inference).
Select from among the bracketed alternatives depending on the facts of the particular case.
COMMENT
RCW 9A.46.110(1), (5). The 2013 statutory amendment expanded the felony provision to include a court employee, court clerk, or courthouse facilitator.
[Current as of April 2020.]
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