WPIC 135.05 Animal Cruelty—First Degree—Other Means—Elements
11A WAPRAC WPIC 135.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 135. Animal Cruelty
WPIC 135.05 Animal Cruelty—First Degree—Other Means—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 intentionally did one or more of the following:
[(a)] [inflicted substantial pain on an animal;] [or]
[(b)] [caused physical injury to an animal;] [or]
[(c)] [killed an animal [by a means causing undue suffering] [or] [while manifesting an extreme indifference to life];] [or]
[(d)] [forced a minor to inflict unnecessary pain, injury, or death on 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),] or [(1)(d)] 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),] or [(1)(d)] 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).
COMMENT
RCW 16.52.205(1).
This instruction is new for this edition.
When the charge is based on killing an animal by a means causing undue suffering, the State must prove that the defendant intended to cause such suffering. State v. Paulson, 131 Wn.App. 579, 586, 128 P.3d 133 (2006). In contrast, when the charge is based on inflicting substantial pain or on causing physical injury, the State is not required to prove that the pain or injury resulted in “undue suffering.” State v. Andree, 90 Wn.App. 917, 920, 954 P.2d 346 (1998).
[Current as of December 2019.]
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