WPIC 36.75 Telephone Harassment—Felony—Threat to Kill—Elements
11 WAPRAC WPIC 36.75Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.75 (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 36.75 Telephone Harassment—Felony—Threat to Kill—Elements
To convict the defendant of the crime of [felony] telephone harassment, each of the following elements must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant made a telephone call to another person;
(2) That at the time the defendant initiated the phone call the defendant intended to harass, intimidate, torment, or embarrass that other person;
(3) That the defendant threatened to kill [the person called] [any member of the family or household of the person called]; and
(4) That the phone call was made or received in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction if defendant is charged with telephone harassment as a felony based on a threat to kill. If the defendant is instead charged with the felony level of the crime based on a previous conviction, use WPIC 36.74 rather than this instruction.
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. Use WPIC 2.24 (Threat—Definition) with this instruction.
COMMENT
RCW 9.61.230(1) and (2).
Intent, “true threats,” and jurisdiction. For discussions of these subjects, see the Comments to WPIC 36.72 (Telephone Harassment—Gross Misdemeanor—Elements) and WPIC 2.24 (Threat—Definition).
Title of crime. For a discussion of the title of the crime, see the Comment to WPIC 36.74 (Telephone Harassment—Felony—Previous Conviction—Elements).
[Current as of April 2020.]
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