WPIC 44.22 Child Molestation—Second Degree—Definition
11 WAPRAC WPIC 44.22Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.22 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 44. Rape of a Child—Child Molestation—Sexual Misconduct with a Minor
WPIC 44.22 Child Molestation—Second Degree—Definition
[A person commits the crime of child molestation in the second degree when the person has sexual contact with a child who is at least twelve years old but less than fourteen years old, who is not married to the person, and who is at least thirty-six months younger than the person.]
[A person commits the crime of child molestation in the second degree when the person knowingly causes a child less than eighteen years old to have sexual contact with a second child who is at least twelve years old but less than fourteen years old, and the person causing the contact is at least thirty-six months older than, and not married to, the second 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).
The bracketed first paragraph will apply in most cases. Use the second paragraph instead of the first when the defendant is charged with causing another person to engage in the sexual contact. For the first paragraph, the companion to-convict instruction is WPIC 44.23 (Child Molestation—Second Degree—Sexual Contact with a Child—Elements); for the second paragraph, the companion to-convict instruction is WPIC 44.23.01 (Child Molestation—Second Degree—Causing Sexual Contact Between Children—Elements).
Use WPIC 45.07 (Sexual Contact—Definition) and WPIC 45.06 (Married—Definition) with this instruction.
If there is an issue as to the defendant's knowledge or belief regarding the age of the child or if the statutory defense is in issue, use WPIC 19.04.02 (Child Molestation—Defense) with this instruction.
COMMENT
RCW 9A.44.086.
See Comment to WPIC 44.23 (Child Molestation—Second Degree—Sexual Contact with a Child—Elements).
[Current as of December 2019.]
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