WPIC 49B.04 Custodial Sexual Misconduct—Second Degree—Definition
11 WAPRAC WPIC 49B.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49B.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 49B. Custodial Sexual Misconduct
WPIC 49B.04 Custodial Sexual Misconduct—Second Degree—Definition
[An employee or contract personnel of a correctional agency commits the crime of custodial sexual misconduct in the second degree if [he] [she] engages in sexual contact with another person who is a resident of a state, county, or city adult or juvenile correctional facility or is under correctional supervision, and the [employee] [contract worker] has, or the other person reasonably believes the [employee] [contract worker] has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision.]
[A law enforcement officer commits the crime of custodial sexual misconduct in the second degree if [he] [she] engages in sexual contact with a person who is being detained, under arrest, or in the custody of a law enforcement officer.]
NOTE OF 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 bracketed material as applicable.
Use WPIC 45.07 (Sexual Contact—Definition) with this instruction. If the statutory defense is in issue, use WPIC 19.04.05 (Custodial Sexual Misconduct—Forcible Compulsion—Defense).
COMMENT
RCW 9A.44.170.
For further discussion, see the Comment to WPIC 49B.05 (Custodial Sexual Misconduct—Second Degree—Correctional Worker—Elements).
[Current as of March 2020.]
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