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WPIC 42.01 Rape—Third Degree—Definition

11 WAPRAC WPIC 42.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 42.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VII. Sex Crimes
WPIC CHAPTER 42. Rape—Third Degree
WPIC 42.01 Rape—Third Degree—Definition
A person commits the crime of rape in the third degree when he or she engages in sexual intercourse with another person when [the other person did not consent to the sexual intercourse] [and such lack of consent was clearly expressed by the other person's words or conduct] [or] [there was a threat of substantial unlawful harm to property rights of the other person].
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 language “and such lack of consent was clearly expressed by the other person's words or conduct” only for crimes committed before July 28, 2019.
Use other bracketed material as applicable. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
Use WPIC 45.01 (Sexual Intercourse—Definition) with this instruction. Use WPIC 45.04 (Consent—Definition), as applicable.
COMMENT
RCW 9A.44.060. Effective July 28, 2019, the Legislature removed the language that a lack of consent must be “clearly expressed” by words or conduct. Laws of 2019, Chapter 87, § 3. Practitioners should take care that the bracketed language, “and such lack of consent was clearly expressed by the other person's words or conduct,” is only used for crimes committed before July 28, 2019.
[Current as of January 2020.]
End of Document