WPIC 61.02.01 Vehicle Prowling—Second Degree—Felony—Definition

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).

With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 65.02 (Enters or Remains Unlawfully—Definition), substituting the word “vehicle” for the word “premises.” As applicable, also use WPIC 61.05 (Motor Home—Definition).

For a discussion of the use of the word “felony” see the Comment to WPIC 61.02.02.

RCW 9A.52.100(3).

Vehicle prowling in the second degree is a felony if the defendant has two or more prior separate convictions for the same offense. Prior convictions charged in the same charging document and prior convictions which took place on the same date do not count separately. RCW 9A.52.100(3).

The term “two separate occasions” excludes convictions that occurred at the same time but were based upon different charging documents or were committed on different days. State v. LaPointe, Jr., 1 Wn.App.2d 261, 404 P.3d 610 (2017).

See the Comment to WPIC 61.02.02 (Vehicle Prowling—Second Degree—Felony—Elements).