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WPIC 38.06.01 Criminal Mistreatment—Third Degree—Crimes Committed After July 23, 2017—Elements

11 WAPRAC WPIC 38.06.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 38.06.01 (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 38. Criminal Mistreatment
WPIC 38.06.01 Criminal Mistreatment—Third Degree—Crimes Committed After July 23, 2017—Elements
To convict the defendant of the crime of criminal mistreatment in the third degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That [on or about (date),] [during the time period beginning on or about (date) and concluding on or about (date),] the defendant, with criminal negligence, created an imminent and substantial risk of substantial bodily harm to (name of person) by withholding any of the basic necessities of life;
(2) That (name of person) was a [child] [dependent person];
(3) That the defendant [was the parent of (name of person)] [was entrusted with the physical custody of (name of person)] [had assumed the responsibility to provide to (name of person) the basic necessities of life] [was employed to provide to (name of person) the basic necessities of life]; and
(4) That any of these acts occurred in the [State of Washington] [City of ] [County of ].
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 crimes committed on or after July 23, 2017. For crimes committed before that date, use WPIC 38.06 (Criminal Mistreatment—Third Degree—Crimes Committed before July 23, 2017—Elements). Use bracketed phrases as applicable.
With this instruction, use as applicable WPIC 2.03.01 (Substantial Bodily Harm—Definition), WPIC 10.04 (Criminal Negligence—Definition), WPIC 38.20 (Basic Necessities of Life—Definition), WPIC 38.21 (Child—Definition), WPIC 38.22 (Dependent Person—Definition), and WPIC 38.23 (Employed—Definition).
For a discussion of the phrase “any of these acts” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form). In this element, choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
COMMENT
RCW 9A.42.035, as amended by Laws of 2017, Chapter 266, § 4 (effective July 23, 2017).
This instruction is new for this edition.
The statute applies both to parents and to those who assume the responsibility to provide the basic necessities of life to a dependent person. The Legislature defined the term “a person who has assumed the responsibility to provide a dependent person the basic necessities of life” to exclude Good Samaritans, as defined in RCW 9A.42.010, and governmental agencies that regularly provide assistance or services to dependent persons. These exclusions apply only to the third and fourth degrees of criminal mistreatment. RCW 9A.42.035(2); 9A.42.037(2). If factual issues exist as to these exclusions, practitioners should use the statutory language to draft appropriate instructional language. The statutory definition of Good Samaritan was drafted particularly for this context; the pre-existing case law definition, and the pattern instruction that is based on the case law definition (WPIC 300.32 (Aggravating Circumstance—Good Samaritan [RCW 9.94A.535(3)(w)])) may not be applicable.
[Current as of November 2019.]
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