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WPIC 131.01.02 Identity Theft—Vulnerable Individual—Definition

11A WAPRAC WPIC 131.01.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 131.01.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 131. Identity Theft
WPIC 131.01.02 Identity Theft—Vulnerable Individual—Definition
“Vulnerable individual” means a person:
[a] [sixty years of age or older who has the functional, mental or physical inability to care for himself or herself] [or]
[b] [found incapacitated in a guardianship proceeding] [or]
[c] [who has a developmental disability] [or]
[d] [admitted to any facility] [or]
[e] [receiving services from home health, hospice, or home care agencies that are [licensed] [or] [required to be licensed]] [or]
[f] [receiving services from an individual provider] [or]
[g] [who self-directs his or her own care and receives services from a personal aide].
[“Individual provider” means a person who, [under an individual provider contract with the Washington State Department of Social and Health Services] [or] [as an employee of a consumer directed employer], provides [personal care] [or] [respite care services] to persons who are [functionally disabled] [or] [otherwise eligible under programs authorized and funded by [the Medicaid state plan] [or] [Medicaid waiver programs] [or] [similar state-funded in-home care programs]].]
[“Personal aide” means an individual, working privately or as an individual provider under contract or agreement with the Washington State Department of Social and Health Services, who acts at the direction of an adult person with a functional disability living in his or her own home and provides that person with health care services that a person without a functional disability can perform.]
Use bracketed material as applicable. If the instruction refers to a “personal aide,” do not use the paragraph defining an “individual provider.”
With this instruction, use WPIC 131.01 (Identity Theft—First Degree—Definition) and WPIC 131.02 (Identity Theft—First Degree—Elements). If the instruction refers to a “development disability,” use WPIC 45.10 (Developmentally Disabled—Developmental Disability—Definitions). If the case involves an unlicensed home health, hospice, or home care agency, the jury should be instructed on the licensing requirements set out in RCW chapter 70.127.
RCW 9.35.005(7).
This instruction is new for this edition. In 2016, as the result of Initiative 1501 (effective December 8, 2016), targeting a vulnerable individual was added to the definition of first degree identity theft. Laws of 2017, Chapter 4, § 5 (effective July 23, 2017).
The terms “personal aide” and “individual provider” are defined in separate statutory chapters. RCW 74.39A.240(3) (defining “individual provider”), RCW 74.39.007 (defining “personal aide”). The definitions in each chapter do not apply to the other chapter. Consequently, although the definition of “personal aide” uses the term “individual provider,” that definition is not governed by the definition of “individual provider” in the other statutory chapter.
The statute does not provide a definition of “family.”
[Current as of December 2019.]
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