WPIC 300.19 Aggravating Circumstance—Relationship for the Purpose of Victimization [RCW 9.94A.5...
11A WAPRAC WPIC 300.19Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.19 (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 300.19 Aggravating Circumstance—Relationship for the Purpose of Victimization [RCW 9.94A.535(3)(j)]
A “legal custodian” is a person [or agency] who has the legal right to custody of the child. A legal custodian may be the [biological parent] [adoptive parent] [guardian] of a child.
[“Guardian” means a person or agency that: (a) has been appointed as the guardian of a child in a legal proceeding; and (b) has the legal right to custody of the child pursuant to such appointment.]
NOTE ON USE
For the aggravating circumstance of a relationship for the purpose of victimization, use the above instruction to supplement the primary statement of this aggravating circumstance, which appears as a bracketed clause 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). Also, to define a term in that bracketed clause, use WPIC 10.02 (Knowledge—Knowingly—Definition) if not already defined.
Use bracketed material as applicable.
COMMENT
RCW 9.94A.535(3)(j).
This aggravating circumstance was added to the Sentencing Reform Act in 1999.
The definition of legal custodian is based upon RCW 13.04.011(6) and RCW 13.34.030(10).
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 47:12 (3d ed.).
[Current as of April 2019.]
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