WPIC 300.35 Aggravating Circumstance—Stolen Metal Property [RCW 9.94A.535(3)(z)]
11A WAPRAC WPIC 300.35Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.35 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XVI. Exceptional Sentences—Aggravating Circumstances
WPIC CHAPTER 300. Exceptional Sentences—Aggravating Circumstances
WPIC 300.35 Aggravating Circumstance—Stolen Metal Property [RCW 9.94A.535(3)(z)]
“Metal property” means commercial metal property, private metal property, or nonferrous metal property.
“Commercial metal property” means: Utility access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a commercial enterprise, including but not limited to a telephone, commercial mobile radio services, cable, electric, water, natural gas, or other utility, or railroad; unused or undamaged building construction materials consisting of copper pipe, tubing, or wiring, or aluminum wire, siding, downspouts, or gutters; aluminum or stainless steel fence panels made from one inch tubing, forty-two inches high with four-inch gaps; aluminum decking, bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; or agricultural irrigation wheels, sprinkler heads, and pipes.
“Nonferrous metal property” means metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. “Nonferrous metal property” does not include precious metals.
“Private metal property” means catalytic converters, either singly or in bundles, bales, or bulk, that have been removed from vehicles for sale as a specific commodity.
“Precious metals” means gold, silver, and platinum.
NOTE ON USE
For the aggravating circumstance involving stolen metal property, use the above instruction, as applicable, to supplement the primary statement of this aggravating circumstance, which appears in WPIC 300.02 (Aggravating Circumstance Procedure—Factors Alleged—Unitary Trial) or WPIC 300.06 (Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding).
The aggravating circumstance applies only to the following offenses: first degree theft, second degree theft, first degree possession of stolen property, and second degree possession of stolen property. RCW 9.94A.535(3)(z).
Use only those parts of the instruction that apply to the particular case.
COMMENT
RCW 9.94A.535; RCW 19.290.010. The first statute sets forth the aggravating circumstance for stolen metal property and defines the term “metal property.” The second statute supplies the other definitions used in the pattern instruction.
This aggravating circumstance was added to the Sentencing Reform Act in 2007, with a change to definitional language being made in 2008. See Laws of 2007, Chapter 377, § 10 (effective July 22, 2007) and Laws of 2008, Chapter 233, § 9 (effective June 12, 2008).
The statutory presumption is that this aggravating circumstance will be presented to the jury during the trial of the alleged crime. RCW 9.94A.537(4).
[Current as of April 2019.]
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