WPIC 48.21 Commercial Sexual Abuse of a Minor—Elements
11 WAPRAC WPIC 48.21Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.21 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.21 Commercial Sexual Abuse of a Minor—Elements
To convict the defendant of the crime of commercial sexual abuse of a minor, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant
[(a)] [[paid a fee] [provided anything of value] to a minor [or a third person]
[as compensation for a minor having engaged in sexual conduct with [him] [her]] [or]
[(b)] [paid a fee] [provided or agreed to provide anything of value] to a minor or to a third person pursuant to an understanding that in return the minor would engage in sexual conduct with [him] [her]] [or]
[(c)] [solicited, offered, or requested to engage in sexual conduct with a minor in return for [anything of value] [a fee]];
and
(2) That this 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
Use bracketed material as applicable. Use WPIC 47.09 (Minor—Definition), and WPIC 48.12 (Sexual Conduct—Definition) with this instruction.
For a discussion of the phrase “this act” 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 9.68A.100. The statute was revised effective July 23, 2017, to replace “fee” with “anything of value,” which should be used for offenses committed after that date. Use of the instruction for offenses before that date should use “fee.” Given that the statute of limitations is 10 years or the victim's 30th birthday, whichever is later, “fee” remains a bracketed option. See RCW 9A.04.080(1) (statute of limitations).
[Current as of March 2020.]
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