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WPIC 39.26 Custodial Interference—Second Degree—Parent—Definition

11 WAPRAC WPIC 39.26Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 39.26 (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 39.26 Custodial Interference—Second Degree—Parent—Definition
A parent of a child commits the crime of custodial interference in the second degree if [the parent takes, entices, retains, detains, or conceals the child, with the intent to deny access from the other parent having lawful right to time with the child pursuant to a [court-ordered parenting plan] [court order making residential provisions for the child] [or] [the parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3)] [or] [the parent has engaged in a pattern of willful violations of a court order making residential provisions for the child].
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).
Along with this instruction, use as applicable WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 10.05 (Willfully—Definition).
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction). See the Comment to WPIC 39.27 (Custodial Interference—Second Degree—Parent—Elements) for a discussion regarding the use of the last bracketed phrase of this instruction.
COMMENT
RCW 9A.40.070(2).
See the Comment to WPIC 39.23 (Custodial Interference—First Degree—Parent—Elements) and the Comment to WPIC 39.27 (Custodial Interference—Second Degree—Parent—Elements).
[Current as of January 2019.]
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