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WPIC 44.31.03 Sexual Misconduct with a Minor—First Degree—Causing Sexual Intercourse Between Mi...

11 WAPRAC WPIC 44.31.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.31.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VII. Sex Crimes
WPIC CHAPTER 44. Rape of a Child—Child Molestation—Sexual Misconduct with a Minor
WPIC 44.31.03 Sexual Misconduct with a Minor—First Degree—Causing Sexual Intercourse Between Minors—Defendant in Significant Relationship to Minor—Elements
To convict the defendant of the crime of sexual misconduct with a minor in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly caused (name of first minor) to have sexual intercourse with (name of second minor);
(2) That (name of first minor) was less than eighteen years old at the time of the sexual intercourse;
(3) That (name of second minor) was at least sixteen years old but less than eighteen years old at the time of the sexual intercourse and was not married to the defendant;
(4) That the defendant was at least sixty months older than (name of second minor);
(5) That the defendant was in a significant relationship to (name of second minor);
(6) That the defendant abused a supervisory position within that relationship in order to cause (name of first minor) to engage in sexual intercourse with (name of second minor); and
(7) That any of these acts 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
Use this instruction for those cases of first degree sexual misconduct with a minor in which the defendant is charged with causing sexual intercourse between two minors in the context of a significant relationship that one of the minors has with the defendant. Use one of the other instructions in the series of WPIC 44.31 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendant in Significant Relationship to Minor—Elements) through WPIC 44.31.05 (Sexual Misconduct with a Minor—First Degree—Causing Sexual Intercourse Between Minors—Foster Parents—Elements) for cases in which the defendant is charged with other means for committing the offense.
Use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 45.01 (Sexual Intercourse—Definition), WPIC 45.06 (Married—Definition), WPIC 45.08 (Significant Relationship—Definition), and WPIC 45.09 (Abuse of a Supervisory Position) with this instruction.
If there is an issue as to the defendant's knowledge or belief regarding the age of the minors or if the statutory defense is in issue, use WPIC 19.04.01 (Sexual Misconduct with a Minor—Defense) with this instruction.
For cases involving multiple acts, use WPIC 4.25 (Jury Unanimity—Several Distinct Criminal Acts—Petrich Instruction) or WPIC 4.26 (Jury Unanimity—Several Distinct Criminal Acts—Election to Specify a Particular Act). See WPIC 44.00 (Introduction—Sex Offenses Against Children) and the Notes on Use and Comments to WPIC 4.25 (Jury Unanimity—Several Distinct Criminal Acts—Petrich Instruction) and WPIC 4.26 (Jury Unanimity—Several Distinct Criminal Acts—Election to Specify a Particular Act) for further discussion.
For a discussion of the phrase “any of these acts” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.44.093.
See the Comment to WPIC 44.31 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendant in Significant Relationship to Minor—Elements).
[Current as of January 2020.]
End of Document