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WPIC 135.11 Animal Cruelty—Second Degree—Failure to Provide Necessities—Elements

11A WAPRAC WPIC 135.11Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.11 (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 135.11 Animal Cruelty—Second Degree—Failure to Provide Necessities—Elements
To convict the defendant of the crime of second 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 was the owner of an animal;
(2) That the defendant failed to provide the animal with necessary shelter, rest, sanitation, space, or medical attention;
(3) That as a result of the failure, the animal suffered unnecessary or unjustifiable physical pain;
(4) That the defendant acted [knowingly] [or] [recklessly] [or] [with criminal negligence]; 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 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
With this instruction, use WPIC 135.25 (Animal Cruelty—Animal—Definition) and WPIC 135.15 (Animal Cruelty—Second Degree—Owner—Definition). 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(2)(a). 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. “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