WPIC 43.02.01 Voyeurism—Second Degree—Elements
11 WAPRAC WPIC 43.02.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 43.02.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 43. Voyeurism
WPIC 43.02.01 Voyeurism—Second Degree—Elements
To convict the defendant of the crime of voyeurism in the second degree, each of thefollowing five elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant intentionally [photographed] [or] [filmed] a second person;
(2) That this act was done for the purpose of [photographing] [or] [filming] the intimate areas of that person;
(3) That the [photographing] [or] [filming] was with the intent to distribute or disseminate the [photograph] [or] [film];
(4) That the [photographing] [or] [filming] was without the second person's knowledge and consent;
(5) That the second person was [photographed] [or] [filmed] under circumstances where [he] [she] had a reasonable expectationof privacy, [whether in a public or private place]; and
(6) That any of these acts occurred in the State of Washington.
If you find from the evidence that all of the elements have been proved beyond areasonable 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 doubtas to any one of elements then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use WPIC 43.03 (Film—Definition), WPIC 43.04 (Place of Reasonable Expectation of Privacy—Definition), and WPIC 43.07 (Intimate Areas—Definition), as applicable with this instruction.
Use the bracketed phrase “[whether in a public or private place]” if it will assist the jurors.
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).
COMMENT
RCW 9A.44.115(3).
This instruction is new for this edition, based on 2017 legislation creating a new crime of voyeurism in the second degree. Laws of 2017, Chapter 292, § 1 (effective July 23, 2017).
A unit of prosecution under the voyeurism statute is each victim whose privacy is invaded. State v. Diaz-Flores, 148 Wn.App. 911, 201 P.3d 1073 (2009).
The statute does not apply to viewing, photographing, or filming by personnel at correctional facilities for security purposes or during investigation of misconduct by a prisoner or inmate. RCW 9A.44.115(4).
The Legislature amended the statute in 2003 to prohibit photographing or filming of a person's intimate areas without knowledge or consent, whether in a public or private place, thus prohibiting “upskirt photography.” This amendment abrogated State v. Glas, 147 Wn.2d 410, 54 P.3d 147 (2002).
[Current as of December 2019.]
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