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WPIC 37.51 Financial Institution—Definition

11 WAPRAC WPIC 37.51Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 37.51 (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 37. Robbery

WPIC 37.51 Financial Institution—Definition

“Financial institution” means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized by federal or state law to accept deposits in this state.

NOTE ON USE

Use when the defendant is charged with robbery in the first degree by robbing a financial institution. RCW 9A.56.200(1)(b). This definition might not apply in the context of crimes other than robbery in the first degree. See the Comment below.

COMMENT

RCW 9A.56.200(1)(b) and RCW 7.88.010.

Statutory definition of “financial institution” for purposes of robbery. Pursuant to RCW 9A.56.200(1)(b), any robbery “within and against a financial institution as defined in RCW 7.88.010 and 35.38.060” is a robbery in the first degree. The language of this instruction is taken directly from RCW 7.88.010. RCW 35.38.060 appears to contain virtually the same definition of “financial institution” as does RCW 7.88.010. It provides:

“Financial institution,” as used in the foregoing provisions of this chapter, means a branch of a bank engaged in banking in this state in accordance with RCW 30.04.300, and any state bank or trust company, national banking association, stock savings bank, mutual savings bank, or savings and loan association, which institution is located in this state and lawfully engaged in business.

RCW 35.38.060. (RCW 30.04.300 was recodified as RCW 30A.04.300 in 2015.)

Definitions of terms used in the instruction. If the terms used in WPIC 37.51 need further definition, practitioners may look to the following statutes:

• For defining “credit union”—RCW 31.12.005 and 48.24.035;
• For defining “bank”—RCW 30A.04.010, 30A.38.005, 33.46.010, 62A.1-201, 62A.4-105, 62A.4A-105, and 62A.9A-102;
• For defining “mutual savings bank”—RCW 32.32.025;
• For defining “savings and loan association”—RCW 33.04.005;
• For defining “trust company”—RCW 11.114.010 and 30A.04.010.

Statutes defining “financial institution” for purposes of offenses other than robbery. Practitioners should be aware that WPIC 37.51 may need to be slightly modified if it is to be used for offenses other than robbery. The Legislature has separately defined the term “financial institution” for purposes of criminal profiteering (see RCW 9A.82.010), money laundering (see RCW 9A.83.010), and various fraud and credit card offenses (see RCW 9A.56.280). These other definitions use slightly different wording, and practitioners should use the specific definition that applies to the particular offense.

[Current as of January 2019.]

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