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WPIC 36.94 Hate Crime—Physical Harm to or Destruction of Property—Elements

11 WAPRAC WPIC 36.94Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.94 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.94 Hate Crime—Physical Harm to or Destruction of Property—Elements
To convict the defendant of a hate crime, each of the following elements must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant caused physical damage to or destruction of property of [(name of victim)] [or] [another person];
(2) That the defendant acted maliciously and intentionally;
(3) That the defendant acted because of [his] [her] perception of the [race] [color] [religion] [ancestry] [national origin] [gender] [sexual orientation] [gender expression or identity] [or] [mental, physical, or sensory disability] of (name of victim); and
(4) That this act occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction for a Hate Crime offense committed after July 28, 2019. See Comment below.
Use bracketed material as applicable. In the blank line in element (3) labeled “name of victim,” identify the individual whose perceived characteristics are alleged to be the motive for the act, regardless of whether the defendant's acts were ultimately committed against that person. If the same person was physically injured, then use the same name in element (1); otherwise, use “another person” or the name of the other person.
Use WPIC 2.13 (Malice—Maliciously—Definition) and WPIC 10.01 (Intent—Intentionally—Definition), with this instruction.
For a discussion of the phrase “this act” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.212 (Elements of the Crime—Form).
COMMENT
RCW 9A.36.080(1)(b). 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.
The statute is written in terms “the victim or another person.” See WPIC 36.92 (Hate Crime—Physical Injury—Elements).
[Current as of April 2020.]
End of Document