WPIC 36.28 Stalking—Enhanced Sentence—Concluding Instruction

In previous editions, WPIC 36.28 consisted of a concluding instruction for use with the special verdict form set forth at WPIC 36.29 (Stalking—Enhanced Sentence—Special Verdict). The WPI Committee now recommends that the enhancing factors normally be included as elements and not be presented to the jury as special verdicts. See the Comment to WPIC 36.51 (Violation of a Court Order (RCW 26.50.110)—Gross Misdemeanor—Elements). If a special verdict is not being used, then former WPIC 36.28 would no longer be necessary. In any event, the language of the former WPIC 36.28 was simply a repetition of WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements) and was not tailored to violation of court order cases. WPIC 36.28 thus has been eliminated as redundant.