WPIC 37.04 Robbery—Second Degree—Elements
11 WAPRAC WPIC 37.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 37.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 37. Robbery
WPIC 37.04 Robbery—Second Degree—Elements
To convict the defendant of the crime of robbery in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant unlawfully took personal property from the person [or in the presence] of another;
(2) That the defendant intended to commit theft of the property;
(3) That the taking was against that person's will by the defendant's use or threatened use of immediate force, violence, or fear of injury to that person [or to that person's property] [or to the person or property of another];
(4) That force or fear was used by the defendant [to obtain or retain possession of the property] [or] [to prevent or overcome resistance to the taking] [or] [to prevent knowledge of the taking]; and
(5) That any of these acts occurred in the State of Washington.
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
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases relating to how the crime is committed, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form).
Use WPIC 37.50 (Robbery—Definition) with this instruction.
For a discussion of the phrase “any of these acts” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.56.210. This instruction was revised in 2018. In State v. Nelson, 191 Wn.2d 61, 419 P.3d 410 (2018), the Supreme Court concluded that the crime of robbery does not include the implied element that the victim owned, possessed, or had a representative interest in the property, thereby overruling State v. Richie, 191 Wn.App. 916, 365 P.3d 770 (2015), and State v. Latham, 35 Wn.App. 862, 670 P.2d 689 (1983).
For a discussion of when a lesser included second degree robbery instruction should be given, see State v. Pacheco, 107 Wn.2d 59, 726 P.2d 981 (1986).
The Comment to WPIC 37.50 (Robbery—Definition) has a discussion of issues common to both first degree and second degree robbery.
[Current as of October 2018.]
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