WPIC 190.14 Special Verdict Form—Rape of a Child or Child Molestation—In Return for a Fee
11A WAPRAC WPIC 190.14Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 190.14 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XV. Verdict Forms
WPIC CHAPTER 190. Special Verdict Forms
WPIC 190.14 Special Verdict Form—Rape of a Child or Child Molestation—In Return for a Fee
(Insert case caption.)
(This special verdict is to be answered only if the jury finds the defendant guilty of (fill in crime) [as charged in count ].)
We, the jury, return a special verdict by answering as follows:
[QUESTION: Did the defendant [engage] [agree to engage] [or] [offer to engage] (name of victim) in [sexual intercourse] [or] [sexual contact] in return for a fee?
ANSWER: (Write “yes” or “no”)]
[QUESTION: Did the defendant [attempt] [solicit another] [or] [conspire] to [engage] [agree to engage] [or] [offer to engage] (name of victim) in [sexual intercourse] [or] [sexual contact] in return for a fee?
ANSWER: (Write “yes” or “no”)]
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| Presiding Juror |
NOTE ON USE
Use this special verdict when the defendant is charged with rape of a child or child molestation and the State alleges that the sexual conduct involved a fee.
The first bracketed question should be used if the State alleges a completed offense. The second bracketed question should be used if the State alleges an anticipatory offense.
With this instruction, use as applicable WPIC 45.01 (Sexual Intercourse—Definition) and WPIC 45.07 (Sexual Contact—Definition). If the State alleges an anticipatory offense, then also use the applicable instructions from WPIC Chapter 100 (attempt), WPIC Chapter 105 (solicitation), or WPIC Chapter 110 (conspiracy).
COMMENT
RCW 9.94A.533(9) and RCW 9.94A.839.
In 2007, the Legislature amended RCW 9.94A.533, creating a new penalty enhancement for all degrees of the offenses of rape of a child and child molestation, including attempts, solicitations, and conspiracies to commit these offenses, in return for a fee.
[Current as of January 2019.]
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