WPIC 36.03.02 Malicious Harassment—Threat of Harm—Limitation
11 WAPRAC WPIC 36.03.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.03.02 (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 36.03.02 Malicious Harassment—Threat of Harm—Limitation
Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute malicious harassment if it is apparent to the person threatened that the speaker does not have the ability to carry out the threat.
NOTE ON USE
Use this instruction only for a charge of Malicious Harassment committed before July 28, 2019. See Comment below. Use this instruction with WPIC 36.03 (Malicious Harassment—Threat of Harm to Person or Property—Elements).
COMMENT
RCW 9A.36.080(1)(c). 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.
It is well established that the First Amendment does not protect “true threats.” State v. Kilburn, 151 Wn.2d 36, 84 P.3d 1215 (2004); State v. Read, 163 Wn.App. 853, 261 P.3d 207 (2011). A detailed discussion of the constitutional requirement of a “true threat” is found in the Comment to WPIC 2.24 (Threat—Definition). Also see discussion of “true threat” at Comment to WPIC 36.03 (Malicious Harassment—Threat of Harm to Person or Property—Elements).
The speaker need not actually intend to carry out the threat. State v. Kilburn, 151 Wn.2d at 46.
[Current as of April 2020.]
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