WPIC 71.18 Organized Retail Theft—Theft With Accomplice—Aggregation
11A WAPRAC WPIC 71.18Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 71.18 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 71. Retail Theft
WPIC 71.18 Organized Retail Theft—Theft With Accomplice—Aggregation
If one person commits a series of thefts from one or more mercantile establishments over a period of 180 days, the sum of the value of all of the property shall be the value considered in determining whether the defendant is guilty of [first] [or] [second] degree organized retail theft.
NOTE ON USE
If supported by the facts of the case, use this instruction with WPIC 71.11 (Organized Retail Theft—First Degree—Theft With Accomplice—Elements) or WPIC 71.14 (Organized Retail Theft—Second Degree—Theft With Accomplice—Elements).
Do not use this instruction with WPIC 71.12 (Organized Retail Theft—First Degree—Possession of Stolen Property With Accomplice—Elements), WPIC 71.12.01 (Organized Retail Theft—First Degree—Cumulative Value—Elements), WPIC 71.12.02 (Organized Retail Theft—First Degree—Theft With Multiple Accomplices—Elements), WPIC 71.15 (Organized Retail Theft—Second Degree—Possession of Stolen Property With Accomplice—Elements), WPIC 71.16 (Organized Retail Theft—Second Degree—Cumulative Value—Elements), or WPIC 71.17 (Organized Retail Theft—Second Degree—Theft With Multiple Accomplices—Elements).
COMMENT
RCW 9A.56.140.
This is a special statute governing aggregation in organized retail theft cases. It is unclear whether the general aggregation rules are also applicable as set out in WPIC 79.20 (Value—Definition).
The rule set out in this instruction applies to organized retail theft based on theft with an accomplice under RCW 9A.56.350(1)(a). It does not apply to a charge based on theft with multiple accomplices under RCW 9A.56.350(1)(d). Those thefts are governed by a separate aggregation rule, which is also set out in RCW 9A.56.140. Since that statute refers to “theft,” it apparently does not apply to charges based on possession of stolen property under RCW 9A.56.350(1)(c). It also apparently does not apply to charges based on cumulative theft under RCW 9A.56.350(1)(b), since the definition of that crime includes its own aggregation principle.
[Current as of December 2018.]
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