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WPIC 300.15 Aggravating Circumstance—Sexual Motivation [RCW 9.94A.535(3)(f)]

11A WAPRAC WPIC 300.15Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.15 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part XVI. Exceptional Sentences—Aggravating Circumstances
WPIC CHAPTER 300. Exceptional Sentences—Aggravating Circumstances
WPIC 300.15 Aggravating Circumstance—Sexual Motivation [RCW 9.94A.535(3)(f)]
(The WPI Committee believes no change from current practice is required when the state has alleged the existence of this aggravating circumstance.)
NOTE ON USE
Use WPIC 2.26 (Sexual Motivation—Definition) when the State has alleged the existence of this aggravating circumstance in relation to the crime of which the defendant has been charged.
Use WPIC 190.08 (Sexual Motivation—Special Verdict) and WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements).
COMMENT
RCW 9.94A.535(3)(f).
Long before the United States Supreme Court issued its opinion in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), juries were statutorily required to determine whether a particular crime was sexually motivated. See RCW 9.94A.835. A finding of sexual motivation has consequences far beyond that associated with other aggravating circumstances. A finding of sexual motivation will reclassify an offense as a sex offense and require the defendant to register as a sex offender. It may also increase the severity of the offense and the standard sentencing range. See, e.g., RCW 9.94A.030(47)(c); RCW 9A.44.130; RCW 9A.36.021(2)(b), 9.94A.533.
Consistent with prior practice, 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).
The WPI Committee recommends the continued use of these instructions, although it would not be improper to include a finding of sexual motivation in WPIC 300.02 (Aggravating Circumstance Procedure—Factors Alleged—Unitary Trial), or in WPIC 300.06 (Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceedings), when the state has alleged additional aggravating circumstances related to the same offense.
For further discussion of this aggravating circumstance, see Fine, 13B Washington Practice, Criminal Law and Sentencing, section 47:8 (3d ed.).
[Current as of April 2019.]
End of Document