WPIC 2.18 Person—Definition

Use only if a corporation, joint stock association, or unincorporated association is involved.

Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction). Use WPIC 2.01 (Actor—Definition) as applicable, with this instruction.

RCW 9A.04.110(17).

RCW 9.35.020(1) provides, in part: “(1) No person may knowingly obtain …a means of identification or financial information of another person, living or dead, with intent to commit …any crime.” A corporation is a person for purposes of identity theft. State v. Evans, 177 Wn.2d 186, 298 P.3d 724 (2016).

The Court of Appeals has held that a dead body is not a “person” or a “natural person.” State v. Wagner, 97 Wn.App. 344, 348, 984 P.2d 425 (1999) (interpreting a similar definition of “person” in RCW 46.04.405 and analogizing to RCW 9A.04.110(17)). Thus, a motorist who runs over a dead body and leaves the scene of the accident is not guilty of the felony offense of failing to remain at the scene of an accident involving a person's injury or death, RCW 46.52.020(1). State v. Wagner, 97 Wn.App at 349.