Home Table of Contents

WPIC 38.05 Criminal Mistreatment—Third Degree—Definition

11 WAPRAC WPIC 38.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 38.05 (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 38. Criminal Mistreatment
WPIC 38.05 Criminal Mistreatment—Third Degree—Definition
A person commits the crime of criminal mistreatment in the third degree if that person is [a parent of a child] [entrusted with the physical custody of a child or dependent person] [a person who has assumed the responsibility to provide to a dependent person the basic necessities of life] [employed to provide to a child or dependent person the basic necessities of life], and he or she, with criminal negligence, [creates an imminent and substantial risk of substantial bodily harm to the [child] [dependent person],] [or] [causes substantial 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).
Do not include “[causes substantial bodily harm to the [child] [dependent person]]” for offenses 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 2.03.01 (Substantial Bodily Harm—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).
COMMENT
RCW 9A.42.035. This instruction was modified for this edition to reflect the statutory amendments in 2017, which, e.g., deleted an alternative prong for this gross misdemeanor. Laws of 2017, Chapter 266, § 4 (effective July 23, 2017).
See Comment to WPIC 38.06 (Criminal Mistreatment—Third Degree—Elements).
[Current as of April 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
End of Document