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WPIC 135.40 Animal Cruelty—Animal Fighting or Mutilating An Animal—Defense

11A WAPRAC WPIC 135.40Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 135.40 (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 135.40 Animal Cruelty—Animal Fighting or Mutilating An Animal—Defense
It is a defense to a charge of [animal fighting] [or] [mutilating an animal] that the defendant's act involved
[the use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock] [or]
[the use of dogs in hunting [as permitted by law]] [or]
[the training of animals or the use of equipment in the training of animals [for any purpose not prohibited by law]].
[“Livestock” includes [horses] [and] [mules] [and] [cattle] [and] [sheep] [and] [swine] [and] [goats].]
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 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].
NOTE ON USE
Use this instruction as appropriate with WPIC 135.27 (Animal Cruelty—Animal Fighting—Elements) and WPIC 135.30 (Animal Cruelty—Mutilating and Animal—Elements). Use the sentence defining “livestock” if the defense involves using dogs in managing livestock, and the animal is one of the listed types.
Include the bracketed references to “permitted by law” or “not prohibited by law” if there is a factual dispute about the defendant's compliance with applicable legal requirements. If one or both of these phrases are included, the court should also instruct the jury concerning what acts are permitted or not prohibited by law.
COMMENT
RCW 16.52.117(3). The statute provides that “nothing in this section prohibits” the listed acts. It does not specify the burden of proof with respect to this defense. Because the defense does not negate any of the elements of the crime, it appears that the burden of proof rests with the defendant. See WPIC 14.00 (Defenses—Introduction).
The subdivision dealing with the use of dogs refers to livestock “as defined by chapter 16.57 RCW.” RCW 16.52.117(3)(a). That chapter defines “livestock” as including but not being limited to the specified animals. RCW 16.57.010(9).
This instruction is new for this edition.
[Current as of January 2020.]
End of Document