WPIC 39.22 Custodial Interference—First Degree—Parent—Definition
11 WAPRAC WPIC 39.22Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 39.22 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 39. Kidnapping, Unlawful Imprisonment and Custodial Interference
WPIC 39.22 Custodial Interference—First Degree—Parent—Definition
[A [parent] [person acting under the directions of a parent] commits the crime of custodial interference in the first degree if the [parent] [person acting under the directions of a parent] intentionally takes, entices, retains, or conceals a child, under the age of eighteen years and for whom no lawful custody order or [parenting plan] [court order making residential provisions for the child] has been entered by a court of competent jurisdiction, from the other parent with intent to deprive the other parent from access to the child permanently or for a protracted period.]
[A parent of a child commits the crime of custodial interference in the first degree if the parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a [court-ordered parenting plan] [court order making residential provisions for the child], and [intends to hold the child permanently or for a protracted period] [or] [exposes the child to a substantial risk of illness or physical injury] [or] [causes the child to be removed from the state of usual residence].]
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 WPIC 10.01 (Intent—Intentionally—Definition) with this instruction.
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction). Use the bracketed “parenting plan” or “court-ordered parenting plan” for crimes committed before July 24, 2015, that do not involve a domestic violence protection order's child visitation provisions. Use the bracketed “court order making residential provisions for the child” if the crime occurred on or after July 24, 2015.
If the first paragraph is used, use this instruction with WPIC 39.23 (Custodial Interference—First Degree—Parent—Elements). If the second paragraph is used, use this instruction with WPIC 39.23.01 (Custodial Interference—First Degree (Alternate Means)—Parent—Elements).
COMMENT
RCW 9A.40.060(2) and (3). See Comment to WPIC 39.23 (Custodial Interference—First Degree—Parent—Elements).
[Current as of January 2019.]
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