WPIC 10.01 Intent—Intentionally—Definition

Upon request, this instruction must be given whenever intent is an element of the crime charged.

RCW 9A.08.010(1)(a).

This instruction is taken from the statutory language. In State v. Allen, 101 Wn.2d 355, 678 P.2d 798 (1984), the court stated that WPIC 10.01, if requested, must be given whenever intent is an element of the crime charged. The court in Allen held that it was reversible error to refuse to give the instruction when the defendant was charged with attempted second degree burglary.

In State v. Rice, 110 Wn.2d 577, 757 P.2d 889 (1988), the court held that the trial court did not err or violate the defendant's constitutional rights by giving WPIC 10.01 instead of the defendant's proposed instruction that more specifically defined the word “intent.” Compare State v. Markham, 40 Wn.App. 75, 697 P.2d 263 (1985) (trial court did not err in not giving WPIC 10.01 in a prosecution for securities violations because the subject matter was adequately covered in other instructions).

A generalized instruction on criminal intent may not be sufficient to apprise the jury of a mental disorder that may diminish the defendant's capacity to commit a crime. Under some circumstances, the defendant is entitled to a more specific instruction on diminished capacity. See WPIC 18.20 (Diminished Capacity—Defense); Pirtle v. Morgan, 313 F.3d 1160 (9th Cir. 2002) (citing Washington cases).

See WPIC 10.00 (Introduction—Statutory Levels of Culpability) for a general discussion of the hierarchy of mental states set forth in RCW 9A.08.010.