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WPIC 71.15 Organized Retail Theft—Second Degree—Possession of Stolen Property With Accomplice—E...

11A WAPRAC WPIC 71.15Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 71.15 (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 71.15 Organized Retail Theft—Second Degree—Possession of Stolen Property With Accomplice—Elements

To convict the defendant of the crime of organized retail theft in the second 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 $750[, but less than $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 second degree when the only alternative means charged is possession of stolen property. For organized retail theft in the second degree cases charged under other alternatives, do not use this instruction. Instead, use as appropriate WPIC 71.14 (Organized Retail Theft—Second Degree—Theft With Accomplice—Elements), WPIC 71.16 (Organized Retail Theft—Second Degree—Cumulative Value—Elements), or WPIC 71.17 (Organized Retail Theft—Second Degree—Theft With Multiple Accomplices—Elements). For the rare case in which multiple alternatives have been charged, the instruction will need to be modified.

In element (6), use the final bracket relating to property value only when this offense is given as a lesser offense.

With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 10.51 (Accomplice—Definition), WPIC 79.08 (Stolen—Definition), and WPIC 79.20 (Value—Definition). As applicable, also use WPIC 70.09 (Receive—Definition). If needed, WPIC 2.21 (Property—Definition) may also be used.

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 (3).

For further discussion, see the Comment to WPIC 71.12 (Organized Retail Theft—First Degree—Possession of Stolen Property With Accomplice—Elements).

[Current as of December 2018.]

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