WPIC 39.32 Relative—Definition
11 WAPRAC WPIC 39.32Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 39.32 (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 39.32 Relative—Definition
Relative means an ancestor, descendant, or sibling, including a relative of the same degree through marriage, registered domestic partnership, or adoption, or a spouse, or a registered domestic partner.
NOTE ON USE
Use this instruction with WPIC 39.21 (Custodial Interference—First Degree—Relative—Elements) or WPIC 39.25 (Custodial Interference—Second Degree—Relative—Elements).
If a case involves a registered domestic partnership, and if it becomes necessary to define the term for jurors, an instruction can be drafted using language from RCW Chapter 26.60.
COMMENT
RCW 9A.40.010(3).
A parent is a “relative” and therefore may be found guilty of first degree custodial interference. State v. Ohrt, 71 Wn.App. 721, 862 P.2d 140 (1993).
The statute's definition of “relative” refers in part to marriages and spouses. In 2009, the Legislature amended RCW Chapter 9A.40 to indicate that these terms are to be interpreted as applying equally to state registered domestic partnerships and partners. RCW 9A.40.900. The pattern instruction has been updated accordingly.
[Current as of January 2019.]
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