WPIC 10.01A Intent—Intentionally—Definition —Alternative

Upon request, this instruction may be given as an alternative to giving WPIC 10.01 (Intent—Intentionally—Definition) whenever intent is an element of the crime charged.

Use bracketed material as applicable. See Comment below.

RCW 9A.08.010(1)(a).

With a slight modification, this instruction is taken from the statutory language. In State v. Allen, 101 Wn.2d 355, 678 P.2d 798 (1984), the court stated that an instruction containing the statutory definition of intent, if requested, must be given whenever intent is an element of the crime charged. The court in Allen held that it was reversible error to refuse to give the instruction when the defendant was charged with attempted second degree burglary.

The statutory definition of intent speaks of an “objective or purpose to accomplish a result which constitutes a crime.” In most cases this language will present no problem. However, in some cases, it could be problematic in seeming to suggest a need for something that is not required (i.e., a knowledge of the law). In other cases, it may be that the objective or purpose, by itself, does not constitute a crime but only an element of a crime (for example, an “intent to collect insurance proceeds” in a first degree arson case, RCW 9A.48.010, or an “intent to frighten” in a stalking case, RCW 9A.46.110(1)(c)(i)). It is the WPI Committee's view that the last phrase of the statutory definition may, in certain cases, be modified in a way that assists the jury's understanding of what is and is not required.

See WPIC 10.00 (Introduction—Statutory Levels of Culpability) for a general discussion of the hierarchy of mental states set forth in RCW 9A.08.010.