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WPIC 39A.13 Human Trafficking—Coercion—Definition

11 WAPRAC WPIC 39A.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 39A.13 (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 39A. Human Trafficking
WPIC 39A.13 Human Trafficking—Coercion—Definition
“Coercion” means using a threat to compel or induce a person to engage in conduct that the person has a legal right to abstain from, or to abstain from conduct which the personal has a legal right to engage in.
For purposes of this definition, “threat” means to communicate directly or indirectly an intent [immediately to use force against any person who is present at the time] [or] [to cause bodily injury in the future to the person threatened or to any other person] [or] [to cause physical damage to the property of a person other than the person who made the threat] [or] [to subject the person threatened or any person to physical confinement or restraint].
NOTE ON USE
Use this instruction as applicable with WPIC 39A.005 (Human Trafficking—Trafficking—Definition) and WPIC 39A.08 (Human Trafficking—Involuntary Servitude—Definition). Use bracketed phrases as applicable. Do not use with WPIC 2.24 (Threat—Definition).
COMMENT
This instruction is new for this edition.
The human trafficking statute, RCW 9A.40.100, adopts the definition of “coercion” set out in the coercion statute, RCW 9A.36.070. That statute in turn uses a definition of “threat” that is different from the general definition set out in RCW 9A.04.110(28). The definition in the coercion statute is broader in some respects but narrower in others. It is broader because it includes a threat to use immediate force, which does not constitute a “threat” under RCW 9A.04.110(28). It is narrower because it omits several kinds of “threats” that do not involve bodily injury, physical property damage, or restraint.
WPIC 2.24 (Threat—Definition) is based on the general definition set out in RCW 9A.04.110(28). For that reason, it should not be used in human trafficking cases.
[Current as of April 2019.]
End of Document