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WPIC 71.30 Retail Theft with Special Circumstances—First Degree—Definition

11A WAPRAC WPIC 71.30Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 71.30 (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 71.30 Retail Theft with Special Circumstances—First Degree—Definition
A person commits the crime of retail theft [with special circumstances] in the first degree when he or she commits theft of property exceeding $5,000 in value from a mercantile establishment and
[to facilitate the theft, the person left the mercantile establishment through a designated emergency exit] [or]
[the person, at the time of the theft, was in possession of an item, article, implement, or device [used under circumstances showing an intent to use or employ it to overcome security systems] [or] [designed to overcome security systems]] [or]
[the person committed theft at three or more separate and distinct mercantile establishments within a 180-day period].
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 other bracketed material as applicable.
With this instruction, use WPIC 79.01 (Theft—Definition) and WPIC 79.20 (Value—Definition). If needed, WPIC 2.21 (Property—Definition) may also be used.
RCW 9A.56.360(1) and (2).
This instruction has been revised for this edition to reflect a 2017 change to the statute regarding the meaning of a “device designed to overcome security systems.” RCW 9A.56.360(1)(b). See the Comment to WPIC 71.31 (Retail Theft with Special Circumstances—First Degree—Elements). For the change to the instruction, the WPI Committee replaced the word “evincing,” which is used in RCW 9A.56.360(1)(b), with the word “showing,” for purposes of juror comprehension. No substantive change from the statute is intended.
[Current as of September 2018.]
End of Document