WPIC 190.13 Special Verdict Form—Sex Offenses—Enhancement for Predatory Offenses
11A WAPRAC WPIC 190.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 190.13 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XV. Verdict Forms
WPIC CHAPTER 190. Special Verdict Forms
WPIC 190.13 Special Verdict Form—Sex Offenses—Enhancement for Predatory Offenses
(Insert case caption.)
(This special verdict is to be answered only if the jury finds the defendant guilty of (fill in crime) [as charged in Count ].)
We, the jury, return a special verdict [for the offense charged in Count ] by answering as follows:
[QUESTION: Was the defendant a stranger to the victim?
ANSWER: (Answer “yes” or “no.”)]
[QUESTION: (a) Did the defendant establish or promote a relationship with the victim prior to the offense, and (b) was victimization of the victim a significant reason the defendant established or promoted the relationship?
ANSWER: (If your answer to both parts (a) and (b) of this question is “yes,” then answer “yes.” Otherwise, answer “no.”)]
[QUESTION: (a) Was the defendant a teacher, counselor, volunteer, or other person in authority in any public or private school, and (b) was the victim a student of the school under the defendant's authority or supervision?
ANSWER: (If your answer to both parts (a) and (b) of this question is “yes,” then answer “yes.” Otherwise, answer “no.”)]
[QUESTION: (a) Was the defendant a coach, trainer, volunteer, or other person in authority in any recreational activity, and (b) was the victim a participant in the activity under the defendant's authority or supervision?
ANSWER: (If your answer to both parts (a) and (b) of this question is “yes,” then answer “yes.” Otherwise, answer “no.”)]
[QUESTION: (a) Was the defendant a pastor, elder, volunteer, or other person in authority in any church or religious organization, and (b) was the victim a member or participant of the organization under the defendant's authority?
ANSWER: (If your answer to both parts (a) and (b) of this question is “yes,” then answer “yes.” Otherwise, answer “no.”)]
[QUESTION: (a) Was the defendant a teacher, counselor, volunteer, or other person in authority providing home-based instruction, and (b) was the victim a student receiving home-based instruction while under the defendant's authority or supervision?
ANSWER: (If your answer to both parts (a) and (b) of this question is “yes,” then answer “yes.” Otherwise, answer “no.”)]
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NOTE ON USE
Use this special verdict when the State seeks to enhance the penalty for certain sex offenses on the grounds that the offense was predatory. This penalty enhancement applies to first and second degree rape of a child and first degree child molestation.
Select from among the bracketed questions depending on the issues involved in the particular case. Within a particular question, remove any terms not necessary for the case.
With this instruction, use WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements).
COMMENT
RCW 9.94A.836; RCW 9.94A.030.
The Legislature adopted this penalty enhancement in 2006. The penalty enhancement applies to the offenses of first and second degree rape of a child and first degree child molestation. The penalty for these offenses is enhanced if the State proves beyond a reasonable doubt that the offense was predatory. RCW 9.94A.836. The definition for “predatory” is found in RCW 9.94A.030.
The statutory scheme is simplified in the verdict form above. Strictly following the statutory scheme would require the verdict form to ask jurors whether the defendant's offense was predatory and the instructions would then need to also set forth the statutory definition of “predatory.” Instead, the verdict form simply asks the questions that form the basis for concluding that the offense was predatory.
The statutory definition of “predatory” uses the phrase “victim, as defined in this section.” RCW 9.94A.030. The referenced definition of victim is found later in RCW 9.94A.030. This definition may be used in the instruction if jurors could be confused on this point.
In 2010, the Legislature amended the statutory definition of predatory to include a relationship arising out of home-based education. This instruction has been revised for this edition to reflect this change. By statute, the word “school” in the verdict form's third bracketed question does not apply to home-based education. RCW 9.94A.030.
[Current as of January 2019.]
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