WPIC 135.30 Animal Cruelty—Mutilating An Animal—Elements
11A WAPRAC WPIC 135.30Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.30 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 135. Animal Cruelty
WPIC 135.30 Animal Cruelty—Mutilating An Animal—Elements
To convict the defendant of the crime of mutilating an animal, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant intentionally mutilated an animal;
(2) That the mutilation was in furtherance of the crime of animal fighting; and
(3) That the act occurred in the State of Washington.
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 10.01 (Intent—Intentionally—Definition), WPIC 135.25 (Animal Cruelty—Animal—Definition), and WPIC 135.26 (Animal Cruelty—Animal Fighting—Definition).
COMMENT
RCW 16.52.117(2)(b). The statute defines this as an aggravated form of the crime of animal fighting, which increases the crime to a class B felony. Under the statute, however, there is no requirement that the defendant commit that crime. It is only necessary that the defendant intentionally mutilate an animal in furtherance of that crime. For this reason, it appears appropriate to treat mutilating an animal as a separate crime.
This instruction is new for this edition.
[Current as of January 2020.]
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