WPIC 36.73 Telephone Harassment—Felony—Definition
11 WAPRAC WPIC 36.73Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.73 (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 36.73 Telephone Harassment—Felony—Definition
A person commits the crime of [felony] telephone harassment when, with intent to [harass] [or] [intimidate] [or] [torment] [or] [embarrass] another, he or she initiates a telephone call
[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]
and
[the person had previously been convicted of any crime of harassment against [the person called] [or] [a member of the family or household of the person called] [or] [any person specifically named in a no-contact or no-harassment order]] [or]
[the threat was a threat to kill the person called or any other person].
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 telephone harassment at the felony level. Use the bracketed word “felony” only if the jury is also being instructed on the gross misdemeanor form of telephone harassment (see WPIC 36.71 (Telephone Harassment—Gross Misdemeanor—Definition) and WPIC 36.72 (Telephone Harassment—Gross Misdemeanor—Elements)).
Use WPIC 10.01 (Intent—Intentionally—Definition) with this instruction. If the defendant is charged with making a threatening phone call, then WPIC 2.24 (Threat—Definition) must also be given.
COMMENT
RCW 9.61.230(1) and (2).
See the Comment for WPIC 36.74 (Telephone Harassment—Felony—Previous Conviction—Elements).
[Current as of April 2020.]
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