WPIC 36.51.01 Violation of a Court Order—Felony—Definition
11 WAPRAC WPIC 36.51.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.51.01 (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 36.51.01 Violation of a Court Order—Felony—Definition
A person commits the crime of [felony] violation of a court order when he or she knows of the existence of [a] [an] [protection order] [restraining order] [no-contact order] [stalking no-contact order] [order issued for the protection of a vulnerable adult] [order issued for the protection of a sexual assault victim] [or] [foreign protection order] and knowingly violates a provision of the order, and [the person's conduct was an assault] [or] [the person's conduct was reckless and created a substantial risk of death or serious physical injury to another person] [or] [the person has twice been previously convicted for violating the provisions of a court order].
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). Use WPIC 10.02 (Knowledge—Knowingly—Definition) with this instruction.
The bracketed word “felony” in the first sentence of this instruction should be used only when the jury is also being instructed on the lesser offense of non-felony violation of a court order.
Select the bracketed phrase that describes the type of order or orders that form the basis of the criminal prosecution. Select the bracketed phrase or phrases that describe the factor that results in a felony allegation.
COMMENT
RCW 26.50.110(1), (4), and (5). The statute was amended in 2013. For details, see the Comment to WPIC 36.51 (Violation of a Court Order (26.50.110)—Gross Misdemeanor—Elements).
Title of crime. For ease of reference, the WPI Committee has referred to this crime as “felony violation of a court order.” The word felony should not be included if the jury is not also being instructed on the gross misdemeanor form of the crime, WPIC 36.50 (Violation of a Court Order (26.50.110)—Gross Misdemeanor—Definition). Juries are routinely instructed that they should not consider potential punishment during their deliberations. See, e.g., WPIC 1.02 (Conclusion of Trial—Introductory Instruction). Referring to the crime as a “felony” to some extent is inconsistent with this mandate. Other suggestions include referring to the crime as “aggravated” or “serious.”
If a defendant is charged under RCW 9A.46.080 for violating a criminal anti-harassment order, do not use this instruction.
For further discussion, see the Comment to WPIC 36.51.02 (Violation of a Court Order— Felony—Elements).
[Current as of April 2020.]
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