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WPIC 36.03.01 Malicious Harassment—Reasonable Fear—Definition

11 WAPRAC WPIC 36.03.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.03.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.03.01 Malicious Harassment—Reasonable Fear—Definition
“Reasonable fear” is fear that a reasonable person who [is of] [has] the same [race] [color] [religion] [ancestry] [national origin] [gender] [sexual orientation] [or] [mental, physical, or sensory handicap] as the person threatened would have, under all the circumstances.
NOTE ON USE
Use this instruction only for a charge of Malicious Harassment committed before July 28, 2019. See Comment below. This instruction defines a term used in WPIC 36.03 (Malicious Harassment—Threat of Harm to Person or Property—Elements).
Use the bracketed terms as applicable.
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(1)(c). The statutory term “victim” has been replaced by “person threatened.”
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.]
End of Document