WPIC 71.12 Organized Retail Theft—First Degree—Possession of Stolen Property With Accomplice—El...
11A WAPRAC WPIC 71.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 71.12 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 71. Retail Theft
WPIC 71.12 Organized Retail Theft—First Degree—Possession of Stolen Property With Accomplice—Elements
To convict the defendant of the crime of organized retail theft in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant or an accomplice knowingly [received] [retained] [possessed] [concealed] [disposed of] stolen property;
(2) That the property had been stolen [from a mercantile establishment] [from one or more mercantile establishments over a period of 180 days];
(3) That the defendant knew that the property had been stolen;
(4) That the defendant or an accomplice withheld or appropriated the stolen property to the use of someone other than the mercantile establishment[s] [or person entitled thereto];
(5) That the crime was committed by the defendant acting together with an accomplice;
(6) That the stolen property had a [total] value of at least $5,000; and
(7) That any of these acts occurred 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 of 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 for organized retail theft in the first degree when the only alternative means charged is possession of stolen property with an accomplice. For organized retail theft in the first degree cases charged under other alternatives, use as appropriate WPIC 71.11 (Organized Retail Theft—First Degree—Theft With Accomplice—Elements), 71.12.01 (Organized Retail Theft—First Degree—Cumulative Value—Elements), or 71.12.02 (Organized Retail Theft—First Degree—Theft With Multiple Accomplices—Elements). For the rare case in which multiple alternatives have been charged, the instruction will need to be modified.
With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 10.51 (Accomplice—Definition), and WPIC 79.20 (Value—Definition).
For a discussion of the phrase “any of these acts” in element (7), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.56.350(1)(b) and (2).
Unlike many other theft statutes, RCW 9A.56.350 refers only to property and not to services. The pattern instruction is written accordingly.
Complicity is separately defined in RCW 9A.08.020.
[Current as of December 2018.]
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