WPIC 44.31.01 Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Schoo...
11 WAPRAC WPIC 44.31.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.31.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part VII. Sex Crimes
WPIC CHAPTER 44. Rape of a Child—Child Molestation—Sexual Misconduct with a Minor
WPIC 44.31.01 Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—School Employee—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 not more than twenty-one 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 a school employee;
(5) That (name of minor) was was an enrolled student of the school; and
(6) That this act 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 involving sexual intercourse between a school employee and an enrolled/registered student of the school. 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), and WPIC 44.34 (School Employee—Enrolled Student—Definitions).
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 elements (4) and (5) if the language needs to be clarified for the jury.
For discussion of how to use the bracketed language in elements (2) and (5), see the Comment below.
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 “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
Under a former version of RCW 9A.44.093, a “registered” student was included as a protected minor for purposes of the statute. See State v. Hirschfelder, 170 Wn.2d 536, 242 P.3d 876 (2010).
The word “marriage” and related terms in RCW Chapter 9A.44 apply equally to domestic partnerships. RCW 9A.44.904. The pattern instruction defining “marriage,” WPIC 45.06, has been revised to incorporate these concepts. Unlike some of the other alternative means for first degree sexual misconduct with a minor, this alternative means can include a victim aged 18 years or older, so domestic partnerships could come into play in terms of defining “married” for this instruction.
See the Comment to WPIC 44.31 (Sexual Misconduct with a Minor—First Degree—Sexual Intercourse with a Minor—Defendant in Significant Relationship to Minor—Elements).
[Current as of January 2020.]
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