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WPIC 131.06 Identity Theft—Second Degree—Elements

11A WAPRAC WPIC 131.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 131.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 131. Identity Theft
WPIC 131.06 Identity Theft—Second Degree—Elements
To convict the defendant of the crime of identity theft in the second degree, the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly [obtained, possessed, or transferred] [or] [used] a means of identification or financial information of another person [, living or dead];
(2) That the defendant did so with the intent to commit any crime;
(3) That the defendant knew that the means of identification or financial information belonged to another person; and
(4) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements have 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 for second degree identity theft cases.
With respect to elements (1)–(3), see the Note on Use to WPIC 131.02 (Identity Theft—First Degree—Elements).
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).
For a discussion of the phrase “any of these acts” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9.35.020(1), (3).
Second degree identity theft does not require that the defendant obtain anything of value.
Second degree identity theft does not require use of another person's identification. Possession with intent alone is sufficient to support a conviction. State v. Sells, 166 Wn.App. 918, 271 P.3d 952 (2012).
In State v. Leyda, 157 Wn.2d 335, 346, 138 P.3d 610 (2006), the court held as follows:
Use is a way to commit identity theft, but it is not the only way. An individual also commits identity theft when he has either possessed, obtained, used, or transferred a means of another's identification or information with the requisite intent.
Third degree theft is not a lesser included offense of second degree identity theft. State v. Sells, 166 Wn.App. 918, 271 P.3d 952 (2012). But see RCW 9A.56.330 (possession of identification of another).
For a general discussion of the identity theft statutes, see WPIC 131.00 (Identity Theft—Introduction).
[Current as of December 2019.]
End of Document