WPIC 5.40 Evidence of Prior Sex Offense
11 WAPRAC WPIC 5.40Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 5.40 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part II. Evidence and Guides for Its Consideration
WPIC CHAPTER 5. General Principles of Evidence
WPIC 5.40 Evidence of Prior Sex Offense
(WITHDRAWN)
In earlier editions, WPIC 5.40 set forth a limiting instruction concerning evidence of prior sexual offenses, to the extent admissible under RCW 10.58.090. The statute was later declared unconstitutional in State v. Gresham, 173 Wn.2d 405, 269 P.3d 207 (2012).
As a result, admissibility of other sexual offenses is now governed solely by ER 404(b). See WPIC 5.30 (Evidence Limited as to Purpose).
[Current as of December 2018.]
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