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WPIC 70.02.02 Theft—First Degree—Metal Property—Elements

11A WAPRAC WPIC 70.02.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 70.02.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part IX. Crimes Against Property
WPIC CHAPTER 70. Theft
WPIC 70.02.02 Theft—First Degree—Metal Property—Elements
To convict the defendant of the crime of theft in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant
[(a)] [wrongfully obtained or exerted unauthorized control over property of another;] [or]
[(b)] [by color or aid of deception, obtained control over property of another;] [or]
[(c)] [appropriated lost or misdelivered property of another;]
(2) That the defendant intended to deprive the other person of the property;
(3) That the property was [commercial] [nonferrous] [or] [private] metal property of another;
(4) That the costs of the damage to the owner's property as a result of the defendant's act exceed $5,000 in value; and
(5) That this act occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction for first degree theft cases that are charged as involving metal property, as defined by statute, taken from another, and causing damage to the owner's property exceeding $5,000. For first degree theft cases charged as involving property or services valued at over $5,000, use WPIC 70.02 (Theft—First Degree—Value of Property—Elements) instead of this instruction. For cases involving first degree theft of property taken from the person of another, use WPIC 70.02.01 (Theft—First Degree—Taken from the Person of Another—Elements).
With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition). Use WPIC 19.08 (Theft—Defense) with this instruction if the statutory defense is an issue supported by the evidence.
For a discussion of the phrase “this act” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.56.030(1)(d). Elements (2) and (3) of this instruction have been revised for this edition. State v. Johnson, 188 Wn.2d 742, 399 P.3d 507 (2017).
Commercial metal property, nonferrous metal property, and private metal property are defined in RCW 19.290.010.
For a discussion of other issues relating to this instruction, see the Comment to WPIC 70.02 (Theft—First Degree—Value of Property—Elements).
[Current as of October 2018.]
End of Document