WPIC 120.11.02 Rendering Criminal Assistance—Second Degree—Elements
11A WAPRAC WPIC 120.11.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 120.11.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 120. Obstructing Governmental Operation
WPIC 120.11.02 Rendering Criminal Assistance—Second Degree—Elements
To convict the defendant of the crime of rendering criminal assistance 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 rendered criminal assistance to a person;
(2) That the person [had committed] [or] [was being sought for] (fill in blank with applicable charge from the information);
(3) That the defendant knew that the person [had committed] [or] [was being sought for] (fill in blank with applicable charge from the information); and
(4) That any of the defendant's acts occurred in the [State of Washington] [City of ] [County of ].
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
With this instruction use WPIC 120.16 (“Renders Criminal Assistance”—Definition of Term) and WPIC 10.02 (Knowledge—Knowingly—Definition).
If there is an issue whether the defendant is a relative, as that term is defined in RCW 9A.76.060, then use WPIC 120.14 (Rendering Criminal Assistance—Special Verdict—Relative) and WPIC 120.15 (Rendering Criminal Assistance—Special Verdict Form).
For a discussion of the language to insert in the blank lines, see the Comment below.
If the blank line is filled in with a felony, then it may be necessary to define the felony by telling the jury what elements are necessary to constitute that crime.
Use bracketed material as applicable. In element (4) choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
COMMENT
RCW 9A.76.080.
The particular language to be inserted in the instruction's blank lines depends on how the offense is charged. Rendering criminal assistance in the second degree can be committed if the person being assisted (1) had committed or was being sought for a Class B or C felony or an equivalent juvenile offense, or (2) was being sought for a violation of parole, probation, or community supervision. RCW 9A.76.080. Also, the statutory definition of the term “renders criminal assistance” specifies that this term encompasses assisting a person who has escaped from a detention facility. See RCW 9A.76.050.
If the charging document alleges both a felony and an escape from detention related to that felony, then the jury instruction will need to be drafted accordingly. Note that it is important to specify the felony, as it determines the degree of the crime of rendering criminal assistance. If the charging document alleges a violation of parole, probation, or community supervision, then the instruction will need to use the phrase “being sought for” rather than “had committed.” See RCW 9A.76.080.
For a discussion of the defendant's knowledge of the principal's crime, see the Comment to WPIC 120.11 (Rendering Criminal Assistance—First Degree—Elements) (discussing State v. Anderson, 63 Wn.App. 257, 818 P.2d 40 (1991)).
More than mere false disavowal of knowledge is required to prove that a defendant is guilty of rendering criminal assistance. State v. Budik, 173 Wn.2d 727, 740, 272 P.3d 816 (2011).
[Current as of September 2019.]
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