WPIC 49A.03.01 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct—First D...
11 WAPRAC WPIC 49A.03.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49A.03.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 49A. Sexual Depictions Of Minors
WPIC 49A.03.01 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct—First Degree—Definition
A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses visual or printed matter depicting a minor engaged in actual or simulated sexually explicit conduct of any of the following types:
[(a)] [[[sexual intercourse], including [genital-genital] [oral-genital] [anal-genital] [or] [oral-anal],] [between persons of the same or opposite sex] [or] [between humans and animals]] [or]
[(b)] [penetration of the [vagina] [or] [rectum] by any object] [or]
[(c)] [masturbation] [or]
[(d)] [sadomasochistic abuse] [or]
[(e)] [defecation or urination for the purpose of sexual stimulation of the viewer].
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 to the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
Use this instruction with WPIC 47.09 (Minor—Definition), and WPIC 49A.10 (Visual or Printed Matter—Definition). If the court has determined that knowledge of the minority of the person depicted is an element of the offense, then also use WPIC 10.02 (Knowledge—Knowingly—Definition).
COMMENT
RCW 9.68A.070(1)(a) and RCW 9.68A.011(4)(a)–(e).
[Current as of March 2020.]
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