WPIC 44.31 Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendan...
11 WAPRAC WPIC 44.31Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.31 (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 44.31 Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendant in Significant Relationship to Minor—Elements
To convict the defendant of the crime of sexual misconduct with a minor in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant had sexual intercourse with (name of minor);
(2) That (name of minor) was at least sixteen years old but less than eighteen years old at the time of the sexual intercourse and was not married to the defendant;
(3) That the defendant was at least sixty months older than (name of minor);
(4) That the defendant was in a significant relationship to (name of minor);
(5) That the defendant abused a supervisory position within that relationship in order to have sexual intercourse with (name of minor); and
(6) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction for those cases of first degree sexual misconduct with a minor in which the defendant is charged with having sexual intercourse with a minor in the context of a significant relationship. Use one of the other instructions in the series of WPIC 44.31 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendant in Significant Relationship to Minor—Elements) through WPIC 44.31.05 (Sexual Misconduct with a Minor—First Degree—Causing Sexual Intercourse Between Minors—Foster Parents—Elements) for cases in which the defendant is charged with other means for committing the offense.
Use WPIC 45.01 (Sexual Intercourse—Definition), WPIC 45.06 (Married—Definition), WPIC 45.08 (Significant Relationship—Definition), and WPIC 45.09 (Abuse of a Supervisory Position) with this instruction.
If there is an issue as to the defendant's knowledge or belief regarding the age of the minors or if the statutory defense is in issue, use WPIC 19.04.01 (Sexual Misconduct with a Minor—Defense) with this instruction.
The phrase “at the time of the sexual intercourse” may be added to element (4) if the language needs to be clarified for the jury.
For cases involving multiple acts, use WPIC 4.25 (Jury Unanimity—Several Distinct Criminal Acts—Petrich Instruction) or WPIC 4.26 (Jury Unanimity—Several Distinct Criminal Acts—Election to Specify a Particular Act). See WPIC 44.00 (Introduction—Sex Offenses Against Children) and the Notes on Use and Comments to WPIC 4.25 (Jury Unanimity—Several Distinct Criminal Acts—Petrich Instruction) and WPIC 4.26 (Jury Unanimity—Several Distinct Criminal Acts—Election to Specify a Particular Act) for further discussion.
For a discussion of the phrase “any of these acts” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.44.093.
The word “marriage” and related terms in RCW Chapter 9A.44 apply equally to domestic partnerships. RCW 9A.44.904. It does not appear, however, that the domestic partnership legislation will affect first degree sexual misconduct with a minor involving a significant relationship — only those who are at least 18 years old may enter into domestic partnerships, see RCW 26.60.030, while this offense involves a victim under age 18.
RCW 9A.44.030(2) and (3)(d) create a defense to a charge of sexual misconduct with a minor in the first degree if the defendant reasonably believed, based upon declarations as to age by the victim, that the victim was at least 18 or was less than 60 months younger than the defendant. The statute does not create a similar defense regarding the age of the person caused to have sexual contact with a child of less than 12 years old. For a detailed discussion of the defense and burden of proof issues relating to it, see the Comment to WPIC 19.04.01 (Sexual Misconduct with a Minor—Defense).
[Current as of January 2020.]
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