Home Table of Contents

WPIC 43.04 Place of Reasonable Expectation Of Privacy—Definition

11 WAPRAC WPIC 43.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 43.04 (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 43. Voyeurism
WPIC 43.04 Place of Reasonable Expectation Of Privacy—Definition
A place where a person would have a reasonable expectation of privacy means [a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance] [or] [a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another].
NOTE ON USE
Use this definition with WPIC 43.02 (Voyeurism—First Degree—Elements) and WPIC 43.02.01 (Voyeurism—Second Degree—Elements), if applicable.
COMMENT
RCW 9A.44.115(1)(c).
See the Comment to WPIC 43.02 (Voyeurism—First Degree—Elements) and WPIC 43.02.01 (Voyeurism—Second Degree—Elements).
The court in State v. Glas, 147 Wn.2d 410, 54 P.3d 147 (2002), drew a distinction between the privacy of a person's location and the privacy surrounding a part of the person's body. The court found that the “casual or hostile intrusion or surveillance” language applies to locations where a person may not normally disrobe, but where, if he or she did so, there would be an expectation of a “certain level of privacy.” A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned about being photographed, applies to “standard ‘peeping tom’ locations,” including a person's bedroom or bathroom, or a tanning salon. State v. Glas, 147 Wn.2d at 416. One aspect of Glas was legislatively abrogated on grounds unrelated to this issue. See the Comment to WPIC 43.02.01 (Voyeurism—Second Degree—Elements).
[Current as of December 2019.]
End of Document