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WPIC 135.12 Animal Cruelty—Second Degree—Abandonment—Elements

11A WAPRAC WPIC 135.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.12 (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 135.12 Animal Cruelty—Second Degree—Abandonment—Elements
To convict the defendant of the crime of second degree animal cruelty, each of the following four 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 abandoned the animal;
(3) That the defendant acted [knowingly] [or] [recklessly] [or] [with criminal negligence]; and
(4) 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), 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.
Use the lowest mental state charged in the complaint or information.
In element (4), 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)(b). 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.
The statute sets out an additional alternative relating to abandonment. RCW 16.52.207(2)(c). That alternative additionally requires that the animal suffer bodily harm, or that abandoning the animal creates an imminent and substantial risk that the animal would suffer substantial bodily harm. Since this alternative requires additional proof, but does not lead to any additional punishment, it is unlikely to be charged. For that reason, no pattern instruction has been set out.
[Current as of January 2020.]
End of Document