WPIC 126.11.01 Disorderly Conduct—Funeral or Burial—Elements
11A WAPRAC WPIC 126.11.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 126.11.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 126. Public Disturbance
WPIC 126.11.01 Disorderly Conduct—Funeral or Burial—Elements
To convict the defendant of the crime of disorderly conduct, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant intentionally [engaged in fighting or in tumultuous conduct] [made unreasonable noise];
(2) That such conduct was within five hundred feet of [the location where a funeral or burial was being performed] [or] [a funeral home during the viewing of a deceased person] [or] [a funeral procession] [or] [a building in which a funeral or memorial service was being conducted];
(3) That the defendant knew that [his] [her] activity adversely affected the [funeral] [burial] [viewing] [funeral procession] [or] [memorial service]; and
(4) That any of these 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 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 when the defendant is charged with disorderly conduct involving a funeral or burial. For other disorderly conduct charges, use WPIC 126.11 (Disorderly Conduct—Not Involving Funeral or Burial—Elements) instead of this instruction.
If element (3) is drafted using the phrase “a funeral procession,” then the instruction will also need an additional element: “That the defendant knew that the funeral procession was taking place.” See RCW 9A.84.030(1)(d)(i)(C).
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). For a discussion of the phrase “any of these acts” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.84.030.
The Legislature left undefined some of the statutory terms used in this instruction. In State v. Greene, 97 Wn.App. 473, 983 P.2d 1190 (1999), the Court of Appeals Division 1 adopted the dictionary definition of “obstruct” (“to block up: stop up or close up.”)
The prohibitions in RCW 9A.84.030 regarding conduct and noise within 500 feet of a funeral, burial, memorial service, or funeral home may implicate First Amendment rights of free speech and, therefore, may be unenforceable unless they constitute “reasonable time, place, or manner restrictions” pursuant to Snyder v. Phelps, 562 U.S. 443, 131 S.Ct. 1207, 179 L.Ed.2d 172 (2011).
For further discussion of issues relating to disorderly conduct, see the Comment to WPIC 126.11 (Disorderly Conduct—Not Involving Funeral or Burial—Elements).
[Current as of September 2019.]
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