WPIC 71.13 Organized Retail Theft—Second Degree—Definition
11A WAPRAC WPIC 71.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 71.13 (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 71.13 Organized Retail Theft—Second Degree—Definition
A person commits the crime of organized retail theft in the second degree when he or she
[with an accomplice, [commits theft of property] [or] [possesses stolen property] from a mercantile establishment and the property has a value of at least $750[, but less than $5,000]] [or]
[commits theft of property with a cumulative value of at least $750 [but less than $5,000] from one or more mercantile establishments within a period of 180 days] [or]
[with at least six accomplices, commits theft of property with a cumulative value of at least $750 [but less than $5,000] from a mercantile establishment and, in the course of planning or commission of the theft, makes or sends at least one electronic communication seeking participation in the theft].
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).
Use the final bracket relating to property value only when this offense is given as a lesser offense.
With this instruction, use WPIC 10.51 (Accomplice—Definition) and WPIC 79.20 (Value—Definition). Also use as applicable, WPIC 79.01 (Theft—Definition), WPIC 71.20 (Possession of Stolen Property—Definition), and WPIC 79.08 (Stolen—Definition). If needed, WPIC 2.21 (Property—Definition) may also be used.
COMMENT
RCW 9A.56.350(1) and (3). This instruction has been modified for this edition to reflect the 2017 statutory amendments.
See the Comment to WPIC 71.14 (Organized Retail Theft—Second Degree—Theft Alternative—Elements).
[Current as of December 2018.]
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