WPIC 38.07 Criminal Mistreatment—Fourth Degree—Definition
11 WAPRAC WPIC 38.07Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 38.07 (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 38.07 Criminal Mistreatment—Fourth Degree—Definition
A person commits the crime of criminal mistreatment in the fourth 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 bodily injury to the [child] [dependent person],] [or] [causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms 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 bracketed material as applicable. For directions on using bracketed phrases, see the Comment below and WPIC 4.20 (Introduction).
With this instruction, use as applicable WPIC 2.03 (Bodily Injury—Physical Injury—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.42.037.
See the Comment to WPIC 38.08 (Criminal Mistreatment—Fourth Degree—Elements).
Use of the bracketed phrase “any of” should be consistent with the charging language of the offense. The Legislature included that phrase in RCW 9A.42.037(1)(a), but not RCW 9A.42.037(1)(b).
[Current as of January 2019.]
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