WPIC 38.06 Criminal Mistreatment—Third Degree—Crime Committed Before July 23, 2017—Elements
11 WAPRAC WPIC 38.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 38.06 (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 38.06 Criminal Mistreatment—Third Degree—Crime Committed Before July 23, 2017—Elements
To convict the defendant of the crime of criminal mistreatment in the third degree, each of the following four elements of the crime must be proved beyond a reasonable doubt:
(1) That [on or about (date),] [during the time period beginning on or about (date) and concluding on or about (date),] the defendant, with criminal negligence,
[(a)] [created an imminent and substantial risk of substantial bodily harm to (name of person) by withholding any of the basic necessities of life;] [or]
[(b)] [caused substantial bodily harm by withholding any of the basic necessities of life;]
(2) That (name of person) was a [child] [dependent person];
(3) That the defendant [was the parent of (name of person)] [was entrusted with the physical custody of (name of person)] [had assumed the responsibility to provide to (name of person) the basic necessities of life] [was employed to provide to (name of person) the basic necessities of life]; and
(4) That any of these acts occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that elements (2), (3), (4), and alternative element (1)(a) or alternative element (1)(b), have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives (1)(a) or (1)(b) has been proved beyond a reasonable doubt, as long as each juror finds that either (1)(a) or (1)(b) has been proved beyond a reasonable doubt.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of elements (1), (2), (3), or (4), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction only for crimes committed before July 23, 2017. For crimes committed after that date, use WPIC 38.06.01 (Criminal Mistreatment—Third Degree—Crimes Committed after July 23, 2017—Elements).
The instruction is drafted for cases in which the jury needs to be instructed using two or more of the alternatives for element (1). Care must be taken to limit the alternatives to those that were included in the charging document and are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, 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). For any case in which substantial evidence supports only one of the alternatives in element (1), revise the instruction to remove references to alternative elements, following the format set forth in WPIC 4.21 (Elements of the Crime—Form). Use bracketed material as applicable.
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).
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). In this element, choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
COMMENT
RCW 9A.42.035. Effective July 23, 2017, the statute was amended to eliminate alternative (1)(b). Laws of 2017, Chapter 266, § 4 (effective July 23, 2017). That alternative is now a means of committing the more serious crime of criminal mistreatment in the second degree. RCW 9A.42.030(1). The instruction has been modified for this edition to reflect this statutory change.
For a discussion of criminal mistreatment in the third degree, see the Comment to WPIC 38.06.01 (Criminal Mistreatment—Third Degree—Crimes Committed after July 23, 2017—Elements).
[Current as of November 2019.]
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