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WPIC 71.16 Organized Retail Theft—Second Degree—Cumulative Value—Elements

11A WAPRAC WPIC 71.16Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 71.16 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part IX. Crimes Against Property
WPIC CHAPTER 71. Retail Theft
WPIC 71.16 Organized Retail Theft—Second Degree—Cumulative Value—Elements
To convict the defendant of the crime of organized retail theft in the second degree, each of the following five elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant
[(a)] [wrongfully obtained or exerted unauthorized control over property;] [or]
[(b)] [by color or aid of deception, obtained control over property;] [or]
[(c)] [appropriated lost or misdelivered property;]
(2) That the property was taken from one or more mercantile establishments within a period of 180 days;
(3) That the defendant intended to deprive the mercantile establishments of the property;
(4) That the property had a total value of at $750[, but less than $5,000]; and
(5) That any of these acts occurred in the State of Washington.
If you find from the evidence that elements (2), (3), (4), and (5), and any of the alternative elements [(1)(a),] [(1)(b),] or [(1)(c)] have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives [(1)(a),] [(1)(b),] or [(1)(c)] has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.
On the other hand, if after weighing all of the evidence you have a reasonable doubt as to any one of these elements (1), (2), (3), (4), or (5), then it will be your duty to return a verdict of not guilty.
Use this instruction for organized retail theft in the second degree when the only alternative means charged is theft with a cumulative value of over $750. For organized retail theft in the second degree cases charged under other alternatives, do not use this instruction. Instead, use as appropriate WPIC 71.14 (Organized Retail Theft—Second Degree—Theft With Accomplice—Elements), WPIC 71.15 (Organized Retail Theft—Second Degree—Possession of Stolen Property With Accomplice—Elements), or WPIC 71.17 (Organized Retail Theft—Second Degree—Theft With Multiple Accomplices—Elements). This instruction is intended for the most common situation, in which a single alternative means has been charged. If multiple alternatives means have been charged, the instruction will need to be modified.
The instruction is drafted for cases in which the jury needs to be instructed using two or more of the alternatives for element (1). Care must be taken to limit the alternatives to those that were included in the charging document and are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form). For the related jury interrogatory see WPIC 190.09 (Special Verdict Form—Elements with Alternatives). For any case in which substantial evidence supports only one of the alternatives in element (1), revise the instruction to remove references to the unsupported alternative elements following the format set forth in WPIC 4.21 (Elements of the Crime—Form).
With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 79.20 (Value—Definition). As applicable, also use WPIC 79.02 (Wrongfully Obtains—Exerts Unauthorized Control—Definition), WPIC 79.03 (By Color or Aid of Deception—Definition), WPIC 79.04 (Deception—Definition), and WPIC 79.05 (Appropriate Lost or Misdelivered Property or Services—Definition). If needed, WPIC 2.21 (Property—Definition) may also be used.
Use WPIC 19.08 (Theft—Defense) with this instruction if the statutory defense is an issue supported by the evidence.
For a discussion of the phrase “any of these acts” in element (5), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
RCW 9A.56.350(1)(c) and (3).
Unlike many other theft statutes, RCW 9A.56.350 refers only to property and not to services. The pattern instruction is written accordingly.
[Current as of December 2018.]
End of Document