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WPIC 2.18 Person—Definition

11 WAPRAC WPIC 2.18Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 2.18 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
WPIC CHAPTER 2. Definitions
WPIC 2.18 Person—Definition
[Person] [actor] includes any natural person and [a corporation] [a joint stock association] [an unincorporated association].
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.
[Current as of November 2018.]
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