WPIC 131.11 Identity Theft—Means of Identification—Definition
11A WAPRAC WPIC 131.11Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 131.11 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 131. Identity Theft
WPIC 131.11 Identity Theft—Means of Identification—Definition
“Means of identification” means information or an item that is not describing finances or credit, but is personal to or identifiable with an individual or other person [, including:]
[a current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member or his or her family, including the ancestor of the person;]
[information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family;]
[a social security, driver's license, or tax identification number of the individual or a member of his or her family;] [and]
[other information that could be used to identify the person, including unique biometric data].
NOTE ON USE
Use when identity theft is alleged to involve “means of identification.” Depending on how the case is charged, it may also be necessary to instruct the jury on the definition of financial information contained in WPIC 131.10.
COMMENT
RCW 9.35.005(3).
The statute defines “means of identification” as involving information that is “personal to or identifiable with an individual or other person.” This clause requires the State to prove that the defendant stole the identity of a “specific, real person;” absent this proof, the crime constitutes forgery or simple theft, but not identity theft. State v. Fedorov, 181 Wn.App. 187, 324 P.3d 784 (2014); State v. Hayes, 164 Wn.App. 459, 262 P.3d 538 (2011); State v. Berry, 129 Wn.App. 59, 67–68, 117 P.3d 1162 (2005).
[Current as of December 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |