WPIC 36.95.01 Hate Crime—Mistaken Belief
11 WAPRAC WPIC 36.95.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.95.01 (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 36.95.01 Hate Crime—Mistaken Belief
It is not a defense that the defendant was mistaken in [his] [her] perception of the other person's [race] [color] [religion] [ancestry] [national origin] [gender] [sexual orientation] [gender expression or identity] [or] [mental, physical, or sensory disability].
NOTE ON USE
Use this instruction for a Hate Crime offense committed after July 28, 2019. See Comment below.
Use this instruction if the facts presented involve a mistaken perception. Choose from among the bracketed phrases according to the evidence in the case. See Comment below.
COMMENT
RCW 9A.36.080(3). 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.
For clarity, this instruction has been modified slightly from the statutory language. No substantive change is intended.
[Current as of April 2020.]
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