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WPIC 71.02 Theft with Intent to Resell—First Degree—Elements

11A WAPRAC WPIC 71.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 71.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part IX. Crimes Against Property
WPIC CHAPTER 71. Retail Theft
WPIC 71.02 Theft with Intent to Resell—First Degree—Elements
To convict the defendant of the crime of theft with the intent to resell in the first degree, each of the following five elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant
[(a)] [wrongfully obtained or exerted unauthorized control over property from [a mercantile establishment] [one or more mercantile establishments over a period of 180 days];] [or]
[(b)] [by color or aid of deception, obtained control over property from [a mercantile establishment] [one or more mercantile establishments over a period of 180 days];] [or]
[(c)] [appropriated lost or misdelivered property from [a mercantile establishment] [one or more mercantile establishments over a period of 180 days];]
and
(2) That the property had a [total] value of at least $1,500;
(3) That the defendant intended to deprive the mercantile establishment[s] of the property;
(4) That the defendant intended to resell the property for monetary or other gain; and
(5) That this act occurred in the State of Washington.
If you find from the evidence that elements (2), (3), (4), and (5), and any of the alternative elements [(1)(a),] [(1)(b),] or [(1)(c)] have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives [(1)(a),] [(1)(b),] or [(1)(c)] has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.
On the other hand, if after weighing all of the evidence you have a reasonable doubt as to any one of elements (1), (2), (3), (4), or (5), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction for theft with intent to resell in the first degree.
The instruction is drafted for cases in which the jury needs to be instructed using two or more of the alternatives for element (1). Care must be taken to limit the alternatives to those that were included in the charging document and are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form). For the related jury interrogatory, see WPIC 190.09 (Special Verdict Form—Elements with Alternatives). For any case in which substantial evidence supports only one of the alternatives in element (1), revise the instruction to remove references to the unsupported alternative elements following the format set forth in WPIC 4.21 (Elements of the Crime—Form).
With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 79.20 (Value—Definition). As applicable, also use WPIC 79.02 (Wrongfully Obtains—Exerts Unauthorized Control—Definition), WPIC 79.03 (By Color or Aid of Deception—Definition), WPIC 79.04 (Deception—Definition), and WPIC 79.05 (Appropriate Lost or Misdelivered Property or Services—Definition). If needed, WPIC 2.21 (Property—Definition) may also be used.
Use WPIC 19.08 (Theft—Defense) with this instruction if the statutory defense is an issue supported by the evidence.
For a discussion of the phrase “this act” in element (5), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form). The phrase may be modified as necessary to reduce juror confusion, such as in cases in which jurors are likely to be confused whether “this act” refers to the taking or the resale.
COMMENT
RCW 9A.56.340(1), (2), and (4). Although many of the theft statutes were amended in 2009 to increase the jurisdictional limits for theft offenses, the Legislature did not amend RCW 9A.56.340(1), (2), and (4) at that time. The property values in WPIC71.01 and WPIC71.02WPIC 71.01 (Theft with Intent to Resell—First Degree—Definition) and WPIC 71.02 are current.
Unlike many other theft statutes, RCW 9A.56.340 refers only to property and not to services. The pattern instruction is written accordingly.
[Current as of September 2018.]
End of Document