WPIC 300.08 Aggravating Circumstance—Accomplice Liability

Use this instruction as necessary if there is evidence that the crime was committed with the participation of an accomplice. In a stand-alone sentencing proceeding, also use WPIC 10.51 (Accomplice—Definition).

If the defendant was convicted as an accomplice, an exceptional sentence may still be available. There is no requirement that the statute defining the aggravating circumstance specifically refer to accomplice liability. If the defendant personally committed the acts giving rise to the aggravating circumstance, that circumstance may form the basis for an exceptional sentence. State v. Allen, 182 Wn.2d 364, 341 P.3d 268 (2015).

If the defendant did not personally commit the acts, an exceptional sentence may be imposed only if the defendant knew the facts giving rise to the aggravating circumstance. For example, suppose that an accomplice of the defendant commits an economic offense that involves multiple victims. This would constitute a major economic offense. The defendant, however, would be subject to an exceptional sentence only if he knew that the offense involved multiple victims. State v. Hayes, 182 Wn.2d 556, 342 P.3d 1144 (2015). The dissent in Hayes cautions that, in cases involving multiple counts, there may need to be separate instructions regarding the defendant's level of knowledge of the aggravating circumstances as to each substantive count.