WPIC 135.03 Animal Cruelty—First Degree—Sexual Conduct With Animal—Elements
11A WAPRAC WPIC 135.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 135. Animal Cruelty
WPIC 135.03 Animal Cruelty—First Degree—Sexual Conduct With Animal—Elements
To convict the defendant of the crime of first degree animal cruelty, each of the following two elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly did one or more of the following:
[(a)] [engaged in sexual conduct or sexual contact with an animal;] [or]
[(b)] [caused, aided, or abetted another person to engage in sexual conduct or sexual contact with an animal;] [or]
[(c)] [permitted sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control;] [or]
[(d)] [[engaged in] [organized] [promoted] [conducted] [advertised] [aided] [abetted] [participated in as an observer] [or] [performed any service in the furtherance of an act involving] sexual conduct or sexual contact with an animal for a commercial or recreational purpose;] [or]
[(e)] [[photographed] [or] [filmed], for purposes of sexual gratification, a person engaged in a sexual act or sexual contact with an animal;] and
(2) That any of these acts occurred in the State of Washington.
If you find from the evidence that element (2) and any of alternative elements [(1)(a),] [(1)(b),] [(1)(c),] [(1)(d),] or [(1)(e)] 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),] [(1)(c),] [(1)(d),] or [(1)(e)] 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 the evidence, you have a reasonable doubt as to any one of elements (1) or (2), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use bracketed material as applicable. With this instruction, use WPIC 135.25 (Animal Cruelty—Animal—Definition) and WPIC 135.02 (Animal Cruelty—First Degree—Sexual Conduct or Contact—Definition).
COMMENT
RCW 16.52.205(3).
This instruction is new for this edition.
[Current as of December 2019.]
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