WPIC 135.04 Animal Cruelty—First Degree—Starvation, Dehydration, or Suffocation—Elements
11A WAPRAC WPIC 135.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 135. Animal Cruelty
WPIC 135.04 Animal Cruelty—First Degree—Starvation, Dehydration, or Suffocation—Elements
To convict the defendant of the crime of first degree animal cruelty, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [starved] [dehydrated] [or] [suffocated] an animal;
(2) That the defendant acted with criminal negligence;
(3) That as a result of the [starvation] [dehydration] [or] [suffocation], the animal suffered [death] [or] [substantial and unjustifiable physical pain that extended for a period sufficient to cause considerable suffering]; and
(4) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, 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). Use with WPIC 10.04 (Criminal Negligence—Definition) if applicable.
COMMENT
RCW 16.52.205(2).
This instruction is new for this edition.
The court should be particularly careful to limit this instruction to alternatives that are supported by the evidence. The Court of Appeals has held that “starving,” “dehydrating,” and “suffocating” constitute “alternative means.” As a result, a conviction will be reversed if the instruction uses one of those terms when it is unsupported by the evidence. State v. Peterson, 174 Wn.App. 828, 849–52, 301 P.3d 1060 (2013); but see State v. Owens, 180 Wn.2d 90, 323 P.3d 1030 (2014) (clarifying “alternative means” analysis).
Under this statute, “unjustified” is defined as “not demonstrably correct or judicious; unwarranted in the light of surrounding circumstances.” “Pain” means “a state of physical or mental lack of well-being or physical or mental uneasiness that ranges from mild discomfort or dull distress to acute often unbearable agony.” State v. Peterson, 174 Wn.App. at 846–47; State v. Zawistowski, 119 Wn.App. 730, 734, 82 P.3d 698 (2004).
[Current as of January 2020.]
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