WPIC 44.30 Sexual Misconduct with a Minor—First Degree—Definition
11 WAPRAC WPIC 44.30Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.30 (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 44.30 Sexual Misconduct with a Minor—First Degree—Definition
[A person commits the crime of sexual misconduct with a minor in the first degree when the person
[has sexual intercourse with a minor who is at least sixteen years old but less than eighteen years old and not married to the person, if the person is at least sixty months older than the minor, is in a significant relationship to the minor, and abuses a supervisory position within that relationship in order to have sexual intercourse with the minor] [or]
[is a school employee who has sexual intercourse with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old and not married to the employee, if the employee is at least sixty months older than the student] [or]
[is a foster parent who has sexual intercourse with his or her foster child who is at least sixteen].] [or]
[A person commits the crime of sexual misconduct with a minor in the first degree when the person
[knowingly causes a minor under the age of eighteen to have sexual intercourse with a second minor who is at least sixteen years old but less than eighteen years old and not married to the person, if the person is at least sixty months older than the second minor, is in a significant relationship to the second minor, and abuses a supervisory position within that relationship in order to engage in sexual intercourse with the second minor] [or]
[is a school employee who knowingly causes a minor under the age of eighteen to have sexual intercourse with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old and not married to the employee, if the employee is at least sixty months older than the student] [or]
[is a foster parent who knowingly causes another person under the age of eighteen to have sexual intercourse with his or her foster child who is at least sixteen].]
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 instruction is divided into two main parts, each consisting of an extended paragraph broken up into multiple lines. The bracketed first part will apply in most cases, that is, when the defendant is charged with having sexual intercourse with a minor. Use the second part instead of the first when the defendant is charged with causing two minors to have sexual intercourse. For the first part, the companion to-convict instruction is WPIC 44.31 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendant in Significant Relationship to Minor—Elements); for the second part, the companion to-convict instruction is WPIC 44.31.01 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—School Employee—Elements).
Use, as applicable, WPIC 45.01 (Sexual Intercourse—Definition), WPIC 45.06 (Married—Definition), WPIC 45.08 (Significant Relationship—Definition), WPIC 45.09 (Abuse of a Supervisory Position), and WPIC 44.34 (School Employee—Enrolled Student—Definitions) with this instruction.
If there is an issue as to the defendant's knowledge or belief regarding the age of the other person or if the statutory defense is in issue, use WPIC 19.04.01 (Sexual Misconduct With a Minor—Defense) with this instruction.
Use bracketed material as appropriate. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
COMMENT
RCW 9A.44.093. See the Comments to WPIC 44.31 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendant in Significant Relationship to Minor—Elements) and WPIC 44.31.01 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—School Employee—Elements).
The WPI Committee has changed the word “child” to “minor.” No substantive change is intended; the change merely is for consistency with the name of the offense.
See Comment to WPIC 44.31 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Elements).
[Current as of December 2019.]
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