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WPIC 39.20 Custodial Interference—First Degree—Relative—Definition

11 WAPRAC WPIC 39.20Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 39.20 (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 39. Kidnapping, Unlawful Imprisonment and Custodial Interference
WPIC 39.20 Custodial Interference—First Degree—Relative—Definition
A relative of [a child under the age of eighteen] [an incompetent person] commits the crime of custodial interference in the first degree if, with the intent to deny access to the [child] [incompetent person] by a parent, guardian, institution, agency, or other person having a lawful right to the physical custody of such person, the relative takes, entices, retains, or conceals the [child] [incompetent person] from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person and
[intends to hold the child or incompetent person permanently or for a protracted period] [or]
[exposes the child or incompetent person to a substantial risk of illness or physical injury] [or]
[causes the child or incompetent person to be removed from the state of usual residence] [or]
[retains, detains, or conceals the child or incompetent person in another state after expiration of any authorized visitation period with intent to intimidate or harass a parent, guardian, institution, agency, or other person having lawful right to physical custody or to prevent a parent, guardian, institution, agency, or other person with lawful right to physical custody from regaining custody].
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).
Use WPIC 10.01 (Intent—Intentionally—Definition) with this instruction. Use WPIC 39.32 (Relative—Definition) if a definition of relative will assist the jury.
COMMENT
RCW 9A.40.060.
See Comment to WPIC 39.21 (Custodial Interference—First Degree—Relative—Elements).
[Current as of January 2019.]
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