WPIC 38.01 Criminal Mistreatment—First Degree—Definition
11 WAPRAC WPIC 38.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 38.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 38. Criminal Mistreatment
WPIC 38.01 Criminal Mistreatment—First Degree—Definition
A [parent of a child] [person entrusted with the physical custody of a child or dependent person] [person who has assumed the responsibility to provide to a dependent person the basic necessities of life] [person employed to provide to a child or dependent person the basic necessities of life] commits the crime of criminal mistreatment in the first degree if he or she [with criminal negligence] [recklessly] causes great bodily harm to the [child] [dependent person] by withholding any of the basic necessities of life.
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 “recklessly” for crimes committed prior to July 23, 2017. Use “with criminal negligence” for crimes committed on or after July 23, 2017. Use other bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
With this instruction, use as applicable WPIC 10.03 (Recklessness—Definition), WPIC 10.04 (Criminal Negligence—Definition), WPIC 38.20 (Basic Necessities of Life—Definition), WPIC 38.21 (Child—Definition), WPIC 38.22 (Dependent Person—Definition), and WPIC 38.23 (Employed—Definition). For defining “great bodily harm,” use WPIC 38.25 (Criminal Mistreatment and Related Offenses—Great Bodily Harm—Definition) rather than the slightly different definition found in WPIC 2.04 (Great Bodily Harm—Definition) (see discussion in the Comment to WPIC 38.02).
COMMENT
RCW 9A.42.020.
For a discussion of this statute, including the applicable definition for “great bodily harm,” see the Comment to WPIC 38.02 (Criminal Mistreatment—First Degree—Elements).
The statute was amended in 2017 to lower the mental state from “recklessly” to “with criminal negligence.” Laws of 2017, Chapter 266, § 2 (effective July 23, 2017).
[Current as of April 2019.]
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