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WPIC 36.57 Interference with the Reporting of a Domestic Violence Offense—Elements

11 WAPRAC WPIC 36.57Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.57 (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 36.57 Interference with the Reporting of a Domestic Violence Offense—Elements
To convict the defendant of the crime of interference with the reporting of a domestic violence offense, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant committed the crime of (name of DV offense) against (name of victim) [as charged in Count ];
(2) That on that date the defendant was a family or household member] [intimate partner]] of (name of victim);
(3) That the defendant prevented or attempted to prevent [(name of victim)] [or] [a witness to the (name of DV offense)] from [calling a 911 emergency communication system] [or] [obtaining medical assistance] [or] [making a report to any law enforcement officer]; and
(4) That the prevention or attempted prevention occurred in the [State of Washington] [County of ] [City of ].
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Insert the name of a crime of domestic violence as defined in RCW 10.99.020. For the victim, insert the name of the family or household member of the defendant against whom the crime of domestic violence is alleged to have been committed.
WPIC 2.27 (Family or Household Member and Intimate Partner—Definitions) should be used with the second paragraph of this instruction.
In element (4), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
For the rare case in which the underlying domestic violence offense is not being tried along with this offense, an instruction should be drafted setting forth the elements of the underlying domestic violence offense.
COMMENT
RCW 9A.36.150(1). This instruction has been revised for this edition. A statutory amendment in 2019 distinguishes intimate partner conduct. Laws of 2019, Chapter 263, § 204 (effective July 28, 2019).
The statute provides that a “crime of domestic violence” is as defined in RCW 10.99.020. RCW 10.99.020(5) lists numerous crimes that are included as “domestic violence” crimes “when committed by one family or household member against another.” The statute provides, however, that the list is not exclusive.
As set forth in RCW 10.99.020(8), “victim” means a family or household member who has been subjected to domestic violence.
The terms “Family or household member” and “Intimate Partner” are defined in RCW 10.99.020(3) and (4) and RCW 26.50.010(6) and (7). See WPIC 2.27 (Family or Household Member and Intimate Partner—Definitions) which should be used with this instruction.
RCW 9A.36.150(2) provides: “Commission of a crime of domestic violence under subsection (1) of this section is a necessary element of the crime of interfering with the reporting of domestic violence.” This element requires proof that commission of a crime of domestic violence be proved beyond a reasonable doubt, not necessarily that a conviction for such offense have occurred. State v. Clowes, 104 Wn.App. 935, 18 P.3d 596 (2001).
[Current as of June 2020.]
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