WPIC 44.33.05 Sexual Misconduct with a Minor—Second Degree—Causing Sexual Contact Between Minor...
11 WAPRAC WPIC 44.33.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.33.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 44. Rape of a Child—Child Molestation—Sexual Misconduct with a Minor
WPIC 44.33.05 Sexual Misconduct with a Minor—Second Degree—Causing Sexual Contact Between Minors—Foster Parent—Elements
To convict the defendant of the crime of sexual misconduct with a minor in the second 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 contact with (name of second minor);
(2) That (name of first minor) was less than eighteen years old at the time of the sexual contact;
(3) That (name of second minor) was at least sixteen years old at the time of the sexual contact;
(4) That the defendant was a foster parent of (name of second minor); and
(5) That this act occurred in the [State of Washington] [City of ] [County of ].
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 second degree sexual misconduct with a minor in which the defendant is charged with causing sexual contact between two minors in the context of a foster parent relationship. Use one of the other instructions in the series of WPIC 44.33 (Sexual Misconduct with a Minor—Second Degree—Sexual Contract with a Minor—Defendant in Significant Relationship to Minor—Elements) through WPIC 44.33.05 (Sexual Misconduct with a Minor—Second Degree—Causing Sexual Contract Between Minors—Foster Parent—Elements) for cases in which the defendant is charged with other means for committing the offense.
Use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 45.07 (Sexual Contact—Definition) 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.
The phrase “at the time of the sexual contact” may be added to element (4) if the language needs to be clarified for the jury.
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 for 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.
In element (5), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction). For a discussion of the phrase “this act,” see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.44.096.
See the Comment to WPIC 44.31.01 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—School Employee—Elements).
[Current as of January 2020.]
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