WPIC 74.00.01 Taking Motor Vehicle Without Permission—First Degree—Definition
11A WAPRAC WPIC 74.00.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 74.00.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 74. Taking Motor Vehicle
WPIC 74.00.01 Taking Motor Vehicle Without Permission—First Degree—Definition
A person commits the crime of taking a motor vehicle without permission in the first degree when, without permission of the owner or person entitled to possession, he or she intentionally takes or drives away an automobile or motor vehicle, [whether propelled by steam, electricity, or internal combustion engine,] that is the property of another, and
[alters the motor vehicle for the purpose of changing its appearance or primary identification, including obscuring, removing, or changing the manufacturer's serial number or the vehicle identification number plates;] [or]
[removes [, or participates in the removal of,] parts from the motor vehicle with the intent to sell the parts;] [or]
[exports [, or attempts to export,] the motor vehicle across state lines or out of the United States for profit;] [or]
[intends to sell the motor vehicle;] [or]
[is engaged in a conspiracy and the central object of the conspiratorial agreement is the theft of motor vehicles for sale to others for profit;] [or]
[is engaged in a conspiracy and has solicited a juvenile to participate in the theft of a motor vehicle].
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 bracketed material as applicable. Use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 2.25 (Vehicle—Definition) with this instruction.
COMMENT
RCW 9A.56.070.
A riding lawnmower is not a motor vehicle under RCW 9A.56.065 (Theft of a Motor Vehicle). State v. Barnes, 189 Wn.2d 492, 403 P.3d 72 (2017). “A snowmobile is a ‘motor vehicle’ for purposes of RCW 9A.56.065.” State v. Wolvelaere, 195 Wn.2d 597, 611, 461 P.3d 1173 (2020).
Taking a motor vehicle without permission, RCW 9A.56.075, is not a lesser included offense of theft of a motor vehicle. State v. Ritchey, 1 Wn.App.2d 387, 405 P.3d 1018 (2017).
See the Comment to WPIC 74.00.02 (Taking Motor Vehicle Without Permission—First Degree—Alternatives—Elements).
[Current as of June 2020.]
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