WPIC 36.27 Stalking—Without Lawful Authority—Definition

This instruction addresses a term used in the stalking to-convict instructions, WPIC 36.21 through WPIC 36.21.07.

The bracketed definition offered here is one example of an instruction that can be used when no specific claim of lawful authority is raised by the defendant. When specific claims of lawful authority are made by the defendant, appropriate relevant definitions should be given instead.

The phrase “without lawful authority” has been interpreted to mean “readily ascertainable sources of law.” State v. Lee, 135 Wn.2d 369, 392, 957 P.2d 741 (1998) (citing State v. Smith, 111 Wn.2d 1, 11, 759 P.2d 372 (1988)).

When the evidence supports defendant's claim of lawful authority, an instruction defining the term should be given so that the jury is not left to speculate on its meaning. The WPI Committee has not offered a particularized definition because of the wide variety of claims of lawful authority that might be made. It is suggested that an instruction specifically defining the case-specific claim be drafted and used instead of WPIC 36.27.