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WPIC 4.22 Elements of the Crime—Alternative Elements—Separate Offenses—Form

11 WAPRAC WPIC 4.22Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.22 (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 4.20. Elements of the Crime—Format
WPIC 4.22 Elements of the Crime—Alternative Elements—Separate Offenses—Form
To convict the defendant of the crime of , each of the following (insert the number of elements) elements of the crime must be proved beyond a reasonable doubt:
(5) That any of these acts occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that elements (1), (2), (3), and (5), and either of alternative elements (4)(a) or (4)(b), have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. (4)(a) and (4)(b) are alternatives and only one need be proved. In order to return a verdict of guilty, you must unanimously agree that alternative element (4)(a) has been proved, or that alternative element (4)(b) has been proved.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of elements (1), (2), (3), (4) or (5), then it will be your duty to return a verdict of not guilty.
Use this form when one of the elements of the crime is framed in the alternative and the alternative components relate to truly separate and distinct alternative offenses as defined in State v. Arndt, 87 Wn.2d 374, 553 P.2d 1328 (1976). If more than one element contains separate and distinct alternatives, the language of the instruction must be altered accordingly.
On the other hand, if the alternative elements represent alternative means for committing a single offense, then use WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form) instead of this instruction.
Whenever the definition instruction contains bracketed phrases that relate to various means, methods, or modes of committing the crime, a decision must be made in every case how to treat these alternative methods of committing the crime. Because many statutes list several ways of committing the crime, this problem recurs throughout Volumes 11 and 11A. The WPI Committee's intent is to provide pattern instructions that may be used depending on the legal decision made in a particular case.
In some cases, the final element's phrase “any of these acts” may need to be modified. If this geographical element appears in an instruction with only one other element or with a single act, then “any of these acts” may need to be changed to “this act.” Also, if the judge has determined that some of the elements in the to-convict instruction are not “essential elements,” then “any of these acts” should be replaced with more specific language, and a special interrogatory may be advisable. See WPIC 4.20 (Introduction) and the Comment to WPIC 4.21 (Elements of the Crime—Form).
In the final element, choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
If the facts on which jurisdiction is based are in dispute, a special verdict form may need to be submitted to the jury. See WPIC 4.20 (Introduction) and WPIC 190.10 (Special Verdict Form—Jurisdiction).
See WPIC 4.20 (Introduction). For a discussion of the phrase “any of these acts” in the jurisdictional element, see the Comment to WPIC 4.21 (Elements of the Crime—Form).
[Current as of May 2019.]
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