WPIC 36.01.01 Malicious Harassment—Sexual Orientation—Definition
11 WAPRAC WPIC 36.01.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.01.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.01.01 Malicious Harassment—Sexual Orientation—Definition
Sexual orientation means heterosexuality, homosexuality, bisexuality, and gender expression or identity.
[“Gender expression or identity” means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.]
NOTE ON USE
Use this instruction only for a charge of Malicious Harassment committed before July 28, 2019. See Comment below. Use this definition if it is necessary to define this term for the jury.
The term “gender expression or identity,” and its definition, should be used only for cases that fall under the 2009 amendment to RCW 9A.36.080.
COMMENT
RCW 9A.36.080; RCW 49.60.040. In 2019, the Legislature substantially altered RCW 9A.36.080, the former crime of Malicious Harassment, and created instead a new Hate Crime offense. (Laws of 2019, Chapter 271, § 2 (effective July 28, 2019)). Use this instruction only for the offense of Malicious Harassment occurring before July 28, 2019. For the Hate Crime offense, effective July 28, 2019, use WPICs 36.90, WPICs36.90, et seq, new for this edition.
[Current as of April 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |