WPIC 300.21 Aggravating Circumstance—Minor Victim of Trafficking [RCW 9.94A.535(3)(l)]
11A WAPRAC WPIC 300.21Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.21 (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 300.21 Aggravating Circumstance—Minor Victim of Trafficking [RCW 9.94A.535(3)(l)]
(The WPI Committee believes that no further explanation of this aggravating circumstance is required.)
NOTE ON USE
For the aggravating circumstance involving a minor victim of trafficking, use the applicable bracketed clause from 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). This aggravating circumstance applies only to trafficking in the first or second degree — RCW 9A.40.100(1) and (2).
COMMENT
RCW 9.94A.535(3)(l).
This aggravating circumstance was added to the Sentencing Reform Act in 2003. This is the same year that the Legislature enacted the crimes of trafficking in the first degree and trafficking in the second degree. See Laws of 2003, Chapter 267, § 1 (effective July 27, 2003), codified at RCW 9A.40.100.
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 47:14 (3d ed.).
[Current as of April 2019.]
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