WPIC 44.32 Sexual Misconduct with a Minor—Second Degree—Definition
11 WAPRAC WPIC 44.32Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.32 (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 44.32 Sexual Misconduct with a Minor—Second Degree—Definition
[A person commits the crime of sexual misconduct with a minor in the second degree when the person
[has sexual contact 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 contact with the minor] [or]
[is a school employee who has sexual contact 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 contact 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 second degree when the person
[knowingly causes a minor under the age of eighteen to have sexual contact 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 contact with the second minor] [or]
[is a school employee who knowingly causes a minor under the age of eighteen to have sexual contact 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 contact 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 contact with a minor. Use the second part instead of the first when the defendant is charged with causing two minors to have sexual contact. For the first part, the companion to-convict instructions are WPIC 44.33 (Sexual Misconduct with a Minor—Second Degree—Sexual Contract with a Minor—Defendant in Significant Relationship to Minor—Elements) through WPIC 44.33.02 (Sexual Misconduct with a Minor—Second Degree—Sexual Contact with a Minor—Foster Parent—Elements); for the second part, the companion to-convict instructions are WPIC 44.33.03 (Sexual Misconduct with a Minor—Second Degree—Causing Sexual Contact Between Minors—Defendant in Significant Relationship to Minor—Elements) through WPIC 44.33.05 (Sexual Misconduct with a Minor—Second Degree—Causing Sexual Contract Between Minors—Foster Parent—Elements).
Use, as applicable, WPIC 45.07 (Sexual Contact—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—Definition) 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.44.096. See Comment to WPIC 44.33 (Sexual Misconduct with a Minor—Second Degree—Sexual Contract with a Minor—Defendant in Significant Relationship to Minor—Elements) for an explanation of these amendments.
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 44.33 (Sexual Misconduct with a Minor—Second Degree—Sexual Contact with a Minor—Defendant in Significant Relationship to Minor—Elements).
[Current as of December 2019.]
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