WPIC 36.93.01 Hate Crime—Reasonable Fear—Definition
11 WAPRAC WPIC 36.93.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.93.01 (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 36.93.01 Hate Crime—Reasonable Fear—Definition
“Reasonable fear” is fear that a reasonable person who [is of] [has] the same [race] [color] [religion] [ancestry] [national origin] [gender] [sexual orientation] [gender expression or identity] [or] [mental, physical, or sensory disability] as the person threatened would have, under all the circumstances.
NOTE ON USE
Use this instruction only for a Hate Crime offense committed after July 28, 2019. See Comment below.
This instruction defines a term used in WPIC 36.93 (Hate Crime—Threat of Harm to Person or Property—Elements).
Use the bracketed terms as applicable.
COMMENT
RCW 9A.36.080(1)(c). This instruction is new for this edition. The statutory term “victim” has been replaced by “person threatened.”
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.
[Current as of April 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |