WPIC 39A.005 Human Trafficking—Trafficking—Definition
11 WAPRAC WPIC 39A.005Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 39A.005 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 39A. Human Trafficking
WPIC 39A.005 Human Trafficking—Trafficking—Definition
A person engages in trafficking when he or she [recruits] [harbors] [transports] [transfers] [provides] [obtains] [buys] [purchases] [or] [receives] [by any means] another person, [knowing] [or] [in reckless disregard of the fact]
[that [force] [fraud] [or] [coercion] will be used to cause the other person to engage in [forced labor] [involuntary servitude] [a sexually explicit act] [or] [a commercial sex act]] [or]
[that the other person is less than eighteen years of age and is caused to engage in a [sexually explicit act] [or] [commercial sex act]].
NOTE ON USE
Use this instruction with WPIC 39A.01 (Human Trafficking—First Degree—Definition), WPIC 39A.02 (Human Trafficking—First Degree—Elements), WPIC 39A.03 (Human Trafficking—Second Degree—Definition), WPIC 39A.04 (Human Trafficking—Second Degree—Elements), and WPIC 10.03 (Recklessness—Definition). Use the bracketed terms as applicable.
With this instruction, use as appropriate WPIC 39A.08 (Human Trafficking—Involuntary Servitude—Definition), WPIC 39A.09 (Human Trafficking—Forced Labor—Definition), WPIC 39A.10 (Human Trafficking—Sexually Explicit Act—Definition), and WPIC 39A.11 (Human Trafficking—Commercial Sex Act—Definition).
COMMENT
RCW 9A.40.100.
This instruction is new for this edition. “Trafficking” is not a statutory term. Under RCW 9A.40.100, the crime of trafficking can be committed in essentially two ways: by engaging in certain acts, or by benefitting financially from participation in a venture that engaged in those acts. The statute does not use any particular term to refer to those underlying acts.
For this edition, the WPI Committee has created the non-statutory term “trafficking” to refer to those acts. Other instructions on human trafficking incorporate that definition. Use of this term allows the instructions on human trafficking to be much simpler and clearer.
[Current as of April 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |