WPIC 36.91.01 Hate Crime—Sexual Orientation, Gender Expression or Identity—Definition
11 WAPRAC WPIC 36.91.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.91.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.91.01 Hate Crime—Sexual Orientation, Gender Expression or Identity—Definition
[Sexual orientation means heterosexuality, homosexuality, or bisexuality.]
[“Gender expression or identity” means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.]
NOTE ON USE
Use this instruction only for a Hate Crime offense committed after July 28, 2019.
Do not use these definitions for a crime of Malicious Harassmentunder the former statute.See Comment below.
Use this definition if it is necessary to define the applicable term for the jury.
COMMENT
RCW 9A.36.080(6). In 2019, the Legislature substantially altered RCW 9A.36.080, the former crime of Malicious Harassment, and created instead a new Hate Crime offense. Laws of 2019, Chapter 271, § 2 (effective July 28, 2019). For a Hate Crime offense, effective July 28, 2019, use WPICs 36.90, WPICs36.90, et seq, new for this edition.
These definitions are new for the crime of Hate Crime offense, and are codified at RCW 9A.36.080(6)(a) and (b). For the offense of Malicious Harassment occurring before July 28, 2019, use WPIC 36.01.01 (Malicious Harassment—Sexual Orientation—Definition).
[Current as of April 2020.]
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