WPIC 135.27 Animal Cruelty—Animal Fighting—Elements
11A WAPRAC WPIC 135.27Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.27 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 135. Animal Cruelty
WPIC 135.27 Animal Cruelty—Animal Fighting—Elements
To convict the defendant of the crime of animal fighting, each of the following two elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly [did] [or] [caused a minor to do] one or more of the following:
[(a)] [[Owned] [or] [possessed] [or] [kept] [or] [bred] [or] [trained] [or] [bought] [or] [sold] [or] [advertised or offered for sale] any animal with the intent that the animal would be engaged in an exhibition of fighting with another animal;] [or]
[(b)] [[Promoted] [or] [organized] [or] [conducted] [or] [participated in] [or] [was a spectator of] [or] [advertised] [or] [prepared] [or] [performed any service in the furtherance of] an exhibition of animal fighting;] [or]
[(c)] [Transported spectators to an animal fight;] [or]
[(d)] [[Provided] [or] [served as a stakeholder for] any money wagered on an animal fight;] [or]
[(e)] [Kept or used any place for the purpose of animal fighting;] [or]
[(f)] [[Managed] [or] [accepted payment of admission to] any place kept or used for the purpose of animal fighting;] [or]
[(g)] [Suffered or permitted any place over which the defendant had possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting;] [or]
[(h)] [[Stole] [or] [took] [or] [led away] [or] [possessed] [or] [confined] [or] [sold] [or] [transferred] [or] [received] an animal with the intent of using the animal [for animal fighting] [or] [for training or baiting for the purpose of animal fighting];] [or]
[(i)] [[Owned [or] [possessed] [or] [bought] [or] [sold] [or] [transferred] [or] [manufactured] animal fighting paraphernalia [for the purpose of engaging in, promoting, or facilitating animal fighting] [or] [for baiting a live animal for the purpose of animal fighting;] and
(2) That any of these acts occurred in the State of Washington.
If you find from the evidence that element (2) and any of alternative elements [(1)(a),] [(1)(b),] [(1)(c),] [(1)(d),] [(1)(e),] [(1)(f),] [(1)(g),] [(1)(h),] or [(1)(i)] 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 [(1)(a),] [(1)(b),] [(1)(c),] [(1)(d),] [(1)(e),] [(1)(f),] [(1)(g),] [(1)(h),] or [(1)(i)] 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) or (2), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use bracketed language as appropriate.
With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 135.25 (Animal Cruelty—Animal—Definition). If the prosecution is based on possession of animal fighting paraphernalia, also use WPIC 135.28 (Animal Cruelty—Animal Fighting Paraphernalia—Definition).
COMMENT
RCW 16.52.117(1). This instruction is new for this edition.
[Current as of January 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |