WPIC 79.35 Vulnerable Adult—Theft—Definition
11A WAPRAC WPIC 79.35Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 79.35 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 79. Theft—Definitions
WPIC 79.35 Vulnerable Adult—Theft—Definition
“Vulnerable adult” means a person eighteen years of age or older who is functionally, mentally, or physically unable to care for himself or herself; or is suffering from a cognitive impairment other than voluntary intoxication.
NOTE ON USE
Use this instruction with WPIC 70.31 (Theft from Vulnerable Adult—First Degree—Elements) and WPIC 70.33 (Theft from Vulnerable Adult—Second Degree—Elements).
Use this instruction when the crime that is charged is theft from a vulnerable adult. Do not use WPIC 45.14 (Frail Elder or Vulnerable Adult—Sex Offenses—Definition) which defines a vulnerable adult for purposes of sex offenses.
Delete any of the listed impairments that are not supported by the evidence.
COMMENT
RCW 9A.56.010(22).
In 2017, the Legislature added the crimes of theft from a vulnerable adult in the first and second degree. RCW 9A.56.400.
Use this instruction when the charged crime is Theft from a Vulnerable Adult. Do not use WPIC 45.14 (Frail Elder or Vulnerable Adult—Sex Offenses—Definition) which defines “Vulnerable Adult” for sex crimes.
[Current as of January 2019.]
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