WPIC 49A.08.01 Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct—Possession...
11 WAPRAC WPIC 49A.08.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49A.08.01 (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.08.01 Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct—Possession with Intent to Disseminate—Second Degree—Definition
A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she is over eighteen years of age and possesses with intent to [develop] [duplicate] [publish] [print] [disseminate] [exchange] [or] [sell] visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct of either of the following types:
[(1)] [[[the genitals or unclothed pubic or rectal areas of any minor] [or] [the unclothed breast of a female minor] for the purpose of sexual stimulation of the viewer] [, whether or not the minor knows that he or she is participating in the described conduct [or any aspect of it]]] [or]
[(2)] [touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area 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 for 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).
This instruction is to be used only for cases in which dealing in depictions in the second degree is charged under RCW 9.68A.050(2)(a)(ii). For cases in which dealing in depictions in the second degree is charged under RCW 9.68A.050(2)(a)(i), use WPIC 49A.06.01 instead of this instruction.
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.050(2)(a)(ii) and RCW 9.68A.011(4)(f)–(g).
This instruction has been revised to include the 2019 statutory amendments to RCW 9.68A.050(1)(a) and (2)(a) requiring that the defendant be over 18 years old.
See the Comment to WPIC 49A.08.02 (Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct—Possession with Intent—Second Degree—Elements).
[Current as of March 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |