Home Table of Contents

WPIC 135.08 Animal Cruelty—Second Degree—Definition

11A WAPRAC WPIC 135.08Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.08 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 135. Animal Cruelty
WPIC 135.08 Animal Cruelty—Second Degree—Definition
[A person commits the crime of second degree animal cruelty when [under circumstances not amounting to first degree animal cruelty] he or she [knowingly] [or] [recklessly] [or] [with criminal negligence], inflicts unnecessary suffering or pain upon an animal.]
[A person [also] commits the crime of second degree animal cruelty when [under circumstances not amounting to first degree animal cruelty] he or she:
(1) takes control, custody, or possession of an animal that was involved in animal fighting;
(2) [knowingly] [or] [recklessly] [or] [with criminal negligence] abandons the animal; and
(3) [the animal suffers bodily harm as a result of being abandoned] [or] [abandoning the animal creates an imminent and substantial risk that the animal will suffer substantial bodily harm].]
[An owner of an animal [also] commits the crime of second degree animal cruelty when [under circumstances not amounting to first degree animal cruelty] he or she, [knowingly] [or] [recklessly] [or] [with criminal negligence]:
[(1)] [fails to provide the animal with necessary shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure] [or]
[(2)] [abandons the animal].]
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
If the complaint or information alleges that the defendant acted with a particular mental state, use only the lowest applicable mental state. Use other bracketed material as applicable.
With this instruction, use WPIC 135.25 (Animal Cruelty—Animal—Definition). Also use as applicable, WPIC 135.15 (Animal Cruelty—Second Degree—Owner—Definition) and WPIC 135.16 (Animal Cruelty—Second Degree—Abandons—Definition). Use with WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 10.03 (Recklessness—Definition), or WPIC 10.04 (Criminal Negligence—Definition) if applicable.
COMMENT
RCW 16.52.207. This instruction is new for this edition.
Under the statute, the defendant must act “knowingly, recklessly, or with criminal negligence.” Proof that a defendant acted knowingly or recklessly would establish that the defendant acted with criminal negligence. RCW 9A.08.010(2). Consequently, only the lowest applicable mental state need be used.
[Current as of January 2020.]
End of Document