WPIC 70.30 Theft From a Vulnerable Adult—First Degree—Definition

Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of Crime—Form).

With this instruction, use WPIC 79.01 (Theft—Definition), WPIC 79.20 (Value—Definition), and WPIC 79.35 (Vulnerable Adult—Definition). As applicable, use WPIC 2.21 (Property—Definition) and WPIC 79.06 (Services—Definition).

Do not use this instruction for theft of a firearm. For cases involving theft of a firearm under RCW 9A.56.300, see WPIC 70.13 (Theft of a Firearm—Elements).

Use WPIC 19.08 (Theft—Defense) with this instruction if the statutory defense is an issue supported by the evidence.

RCW 9A.56.400.

In 2017, the Legislature added the crime of theft from a vulnerable adult in the first degree. RCW 9A.56.400.

The mens rea for this offense is that the defendant “must have known” or “should have known” the victim was a “vulnerable adult.” Neither term is otherwise defined. The WPI Committee has added “knew” as an alternative mental state since it is already defined by statute, has a body of case law, an existing pattern instruction, and is a higher mental state than “must have” or “should have.”

Firearms are specifically excluded from this criminal offense. See the Comment to WPIC 70.02 (Theft—First Degree—Value of Property—Elements).