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WPIC 38.12 Abandonment of a Dependent Person—Second Degree—Definition

11 WAPRAC WPIC 38.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 38.12 (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 38.12 Abandonment of a Dependent Person—Second Degree—Definition
A person commits the crime of abandonment of a dependent person in the second 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 recklessly abandons the [child] [dependent person] and [as a result of being abandoned, the [child] [dependent person] suffers substantial bodily harm] [or] [abandoning the [child] [dependent person] creates an imminent and substantial risk that the [child] [dependent person] will die or suffer great bodily harm].
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 WPIC 4.20 (Introduction).
With this instruction, use as applicable WPIC 2.03.01 (Substantial Bodily Harm—Definition), WPIC 10.03 (Recklessness—Definition), WPIC 38.20 (Basic Necessities of Life—Definition), WPIC 38.21 (Child—Definition), WPIC 38.22 (Dependent Person—Definition), WPIC 38.23 (Employed—Definition), and WPIC 38.24 (Abandons—Definition). When defining “great bodily harm,” use WPIC 38.19 (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 38.13 (Abandonment of a Dependent Person—Second Degree—Elements)).
COMMENT
RCW 9A.42.070.
For a discussion of the definitions of “great bodily harm” and “substantial bodily harm,” see the Comment to WPIC 38.13 (Abandonment of a Dependent Person—Second Degree—Elements).
[Current as of January 2019.]
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