WPIC 77.41 Making or Possessing Motor Vehicle Theft Tools—Elements
11A WAPRAC WPIC 77.41Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 77.41 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 77. Possessing Stolen Property
WPIC 77.41 Making or Possessing Motor Vehicle Theft Tools—Elements
To convict the defendant of the crime of making or possessing motor vehicle theft tools, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [made, mended or caused to be made or mended] [used] [or] [possessed] a motor vehicle theft tool adapted, designed or commonly used for the commission of motor vehicle related theft;
(2) That the defendant's actions were under circumstances evincing an intent to use or employ or allow the tool to be used or employed in the commission of motor vehicle theft or knowing that the tool was intended to be so used; and
(3) That this act occurred in the [State of Washington] [City of ] [County of ].
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 bracketed material as applicable. Use WPIC 77.40 (Making or Possessing Motor Vehicle Theft Tools—Definition) and WPIC 77.42 (Motor Vehicle Theft Tools—Definition) with this instruction.
With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 10.02 (Knowledge—Knowingly—Definition). Consider using WPIC 79.01 (Theft—Definition) and WPIC 2.25 (Vehicle—Definition—Nontraffic Cases).
In element (3), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
For a discussion of the phrase “this act” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.56.063.
[Current as of January 2019.]
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