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WPIC 135.10 Animal Cruelty—Second Degree—Abandonment of Animal Involved in Animal Fighting—Elem...

11A WAPRAC WPIC 135.10Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.10 (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 135.10 Animal Cruelty—Second Degree—Abandonment of Animal Involved in Animal Fighting—Elements
To convict the defendant of the crime of second degree animal cruelty, each of the following five elements of the crime must be proved beyond a reasonable doubt:
(1) That the defendant took control, custody, or possession of an animal that was involved in animal fighting;
(2) That on or about (date), the defendant abandoned the animal;
(3) That the abandonment was done [knowingly] [or] [recklessly] [or] [with criminal negligence];
(4) [(a)] [that as a result of being abandoned, the animal suffered bodily harm;] [or]
[(b)] [that abandoning the animal created an imminent and substantial risk that the animal would suffer substantial bodily harm;] [and]
(5) That any of these acts occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that [each of these elements has] [elements (1), (2), (3), (5) and either of alternative elements (4)(a) or (4)(b) 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 (4)(a) or (4)(b) 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), (2), (3), (4), or (5), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Only use this instruction for crimes committed on or after July 28, 2019. With this instruction, use WPIC 135.25 (Animal Cruelty—Animal—Definition) and WPIC 135.16 (Animal Cruelty—Second Degree—Abandons—Definition). Use the language referring to alternative elements only if both alternatives have been charged and are supported by the evidence. Use with WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 10.03 (Recklessness—Definition), or WPIC 10.04 (Criminal Negligence—Definition) if applicable.
Use the lowest mental state charged in the complaint or information.
In element (5), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
COMMENT
RCW 16.52.207(1)(b). This provision was enacted in 2019. Laws of 2019, chapter 174, § 2 (effective July 28, 2019).
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 not be used.
One of the elements of the crime is that the animal was “involved in animal fighting as described in RCW 16.52.117.” An instruction based on that statute is set out in WPIC 135.26 (Animal Cruelty—Animal Fighting—Definition). Several of the means of committing that crime do not directly involve an animal. The court should be careful to use only the means that are relevant to the particular case. “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 828, 846–47, 301 P.3d 1060 (2013); State v. Zawistowski, 119 Wn.App. 730, 734, 82 P.3d 698 (2004).
[Current as of January 2020.]
End of Document