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WPIC 39.17 Unlawful Imprisonment—“Without Consent”—Definition

11 WAPRAC WPIC 39.17Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 39.17 (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 39. Kidnapping, Unlawful Imprisonment and Custodial Interference
WPIC 39.17 Unlawful Imprisonment—“Without Consent”—Definition
[Restraint is “without consent” if it is accomplished by physical force, intimidation, or deception.]
[Restraint is [also] “without consent” if the person restrained is [a child less than sixteen years old] [or] [an incompetent person] and the [parent] [or] [guardian] [or] [other] [person] [or] [institution] having custody or control of the person has not acquiesced.]
NOTE ON USE
Use this instruction with WPIC 39.15 (Unlawful Imprisonment—Definition) and WPIC 39.16 (Unlawful Imprisonment—Elements). Use bracketed material as applicable.
COMMENT
RCW 9A.40.010(6). This instruction is new for this edition.
In previous editions, these requirements were included in WPIC 39.15 (Unlawful Imprisonment—Definition) and WPIC 39.16 (Unlawful Imprisonment—Elements). As discussed in the Comment to WPIC 39.16 (Unlawful Imprisonment—Elements), those instructions have been revised to clarify the “knowledge” element. That modification required a separate definition of “without consent.”
[Current as of June 2020.]
End of Document