WPIC 36.71 Telephone Harassment—Gross Misdemeanor—Definition
11 WAPRAC WPIC 36.71Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.71 (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 36.71 Telephone Harassment—Gross Misdemeanor—Definition
A person commits the crime of telephone harassment when with intent to [harass] [or] [intimidate] [or] [torment] [or] [embarrass] another person he or she initiates a telephone call to that person
[using lewd, lascivious, indecent, or obscene words or language] [or]
[suggesting the commission of any lewd or lascivious act] [or]
[[anonymously] [or] [repeatedly] [or] [at an extremely inconvenient hour], whether or not a conversation occurs] [or]
[threatening to inflict injury on the person or property of the person called or on any member of his or her family or household].
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 10.01 (Intent—Intentionally—Definition), with this instruction.
COMMENT
RCW 9.61.230(1).
An instruction similar to WPIC 36.71 was cited with approval. State v. Meneses, 169 Wn.2d 586, 592, 238 P.3d 495 (2010). See the Comment for WPIC 36.72 (Telephone Harassment—Gross Misdemeanor—Elements).
[Current as of April 2020.]
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