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WPIC 135.20 Animal Cruelty—Second Degree—Defense

11A WAPRAC WPIC 135.20Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.20 (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 135.20 Animal Cruelty—Second Degree—Defense
It is a defense to a charge of second degree animal cruelty [as set out in instruction no. ] that the defendant's failure was due to economic distress beyond the defendant's control.
The defendant has the burden of proving this defense by a preponderance of the evidence. Preponderance of the evidence means that you must be persuaded, considering all of the evidence in the case, that it is more probably true than not true. If you find that the defendant has established this defense, it will be your duty to return a verdict of not guilty [as to this charge].
Use this instruction as applicable, with WPIC 135.09 (Animal Cruelty—Second Degree—Suffering or Pain—Elements) and WPIC 135.11 (Animal Cruelty—Second Degree—Failure to Provide Necessities—Elements). Do not use with other alternative means of committing second degree animal cruelty. See Comment.
This instruction is new for this edition.
RCW 16.52.207(4). By statute, this defense only applies to charges of second degree animal cruelty based on inflicting unnecessary suffering or pain (RCW 16.52.207(1)(a)) and charges based on failing to provide necessities (RCW 16.52.207(2)(a)).
Under no circumstances should this instruction be given unless requested, or expressly agreed to, by the defense. A defendant's constitutional right to control his or her defense prohibits the giving of instructions concerning defenses over the defendant's objections. State v. Lynch, 178 Wn.2d 487, 309 P.3d 482 (2013).
[Current as of December 2019.]
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