WPIC 300.13 Aggravating Circumstance—Major Economic Offense [RCW 9.94A.535(3)(d)]
11A WAPRAC WPIC 300.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.13 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XVI. Exceptional Sentences—Aggravating Circumstances
WPIC CHAPTER 300. Exceptional Sentences—Aggravating Circumstances
WPIC 300.13 Aggravating Circumstance—Major Economic Offense [RCW 9.94A.535(3)(d)]
To find that this crime is a major economic offense, [at least one of] the following factor[s] must be proved beyond a reasonable doubt:
[(1)] [The crime involved multiple victims or multiple incidents per victim;] [or]
[(2)] [The crime involved attempted or actual monetary loss substantially greater than typical for the crime;] [or]
[(3)] [The crime involved a high degree of sophistication or planning or occurred over a lengthy period of time;] [or]
[(4)] [The defendant used [his] [her] position of trust, confidence, or fiduciary responsibility to facilitate the commission of the crime.]
[The above factors are alternatives. This means that if you find from the evidence that any one of the alternative factors has been proved beyond a reasonable doubt, then it will be your duty to answer “yes” on the special verdict form. To return a verdict of “yes,” the jury need not be unanimous as to which of the alternatives has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.]
NOTE ON USE
For the aggravating circumstance involving major economic offenses, use the above instruction to supplement the primary statement of this aggravating circumstance, which appears in WPIC 300.02 (Aggravating Circumstance Procedure—Factors Alleged—Unitary Trial) or WPIC 300.06 (Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding).
Use the bracketed material as applicable, eliminating any alternatives that are not supported by substantial evidence.
Use WPIC 300.22 (Aggravating Circumstance—Sophistication or Planning), as applicable. Use WPIC 100.01 (Attempt) and WPIC 100.05 (Substantial Step), as applicable, if not already defined elsewhere in the instructions provided to the jury.
COMMENT
RCW 9.94A.535(3)(d).
The aggravating circumstance for major economic offenses has been part of the Sentencing Reform Act since the act was first adopted in 1981. See former RCW 9.94A.390(2)(c). It was renumbered as RCW 9.94A.390(2)(d) in 1996.
Very few cases address this aggravating circumstance, because multiple incidents, abuse of trust, and planning and sophistication have all been recognized as independent aggravating circumstances for both economic and non-economic offenses. See generally, Fine, 13B Washington Practice, Criminal Law and Sentencing § 47:6 (3d ed.).
The statutory presumption is that this aggravating circumstance will be presented to the jury during the trial of the alleged crime. RCW 9.94A.537(4).
For further discussion of this aggravating circumstance, see Fine, 13B Washington Practice, Criminal Law and Sentencing, section 47:6 (3d ed.).
[Current as of April 2019.]
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