WPIC 131.05 Identity Theft—Second Degree—Definition
11A WAPRAC WPIC 131.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 131.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 131. Identity Theft
WPIC 131.05 Identity Theft—Second Degree—Definition
A person commits the crime of identity theft in the second degree when, with intent to commit [or aid or abet] any crime, he or she knowingly obtains, possesses, uses, or transfers a means of identification or financial information of another person [, living or dead,] [and]
[obtains [credit] [money] [goods] [services] [or] [anything else] that is $1,500 or less in value] [or]
[does not obtain anything of value].
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).
For most cases, the instruction should end after the phrase “of another person [, living or dead].” The instructional language following that phrase is needed only in a case in which the crime is submitted to the jury as a lesser offense, when the second degree crime needs to be distinguished from the greater offense.
With this instruction, use WPIC 131.10 (Identity Theft—Financial Information—Definition), WPIC 131.11 (Identity Theft—Means of Identification—Definition), WPIC 10.01 (Intent—Intentionally—Definition), and WPIC 10.02 (Knowledge—Knowingly—Definition).
COMMENT
RCW 9.35.020(1), (3).
See the Comment to WPIC 131.06 (Identity Theft—Second Degree—Elements).
[Current as of December 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |