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WPIC 36.56 Interference with the Reporting of a Domestic Violence Offense—Definition

11 WAPRAC WPIC 36.56Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.56 (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 36.56 Interference with the Reporting of a Domestic Violence Offense—Definition
A person commits the crime of interfering with the reporting of domestic violence if the person commits a crime of domestic violence and prevents or attempts to prevent the victim or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
(Insert name of offense based on RCW 10.99.020(5)) is a crime of domestic violence when committed by one [[family or household member] [intimate partner]] against another.
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form). Use WPIC 36.18 (Crime of Domestic Violence—Definition) with this instruction.
WPIC 2.27 (Family or Household Member and Intimate Partner—Definitions) is based on RCW 10.99.020(3) and (4), and should be used with the second paragraph of this instruction. The second paragraph of this instruction may be used with any instruction which refers to a crime of domestic violence as defined in RCW 10.99.020. Care should be taken to only use this instruction if the underlying crime is part of the list in RCW 10.99.020.
COMMENT
The first paragraph is based on RCW 9A.36.150 and RCW 26.50.010(6) and (7). This instruction has been revised for this edition.
Before amendments in 2019, the statute included an intimate partner within the definition of family or household member. RCW 26.50.010. Statutory amendment in 2019 distinguished intimate partner conduct. Laws of 2019, Chapter 263, § 204 (effective July 28, 2019). The Legislature intended the distinction between family or household members and intimate partners only “to facilitate discrete data analysis” and did “not intend for these modifications to definitions to substantively change the prosecution … or … penalties for domestic violence….” Laws of 2019, Chapter 263, § 201 (effective July 28, 2019). Therefore the WPI Committee believes that this amended instruction may be used for qualifying offenses involving domestic violence arising since July 28, 2019.
The second paragraph is from RCW 10.99.020(5), which lists numerous crimes that are included as “domestic violence” crimes when committed by one family or household member against another or by an intimate partner against another. The statute defines each term by reference to RCW 26.50.010. RCW 10.99.020(3), (7). The statute provides, however, that the list is not exclusive.
[Current as of June 2020.]
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