WPIC 44.34 School Employee—Enrolled Student—Definitions

Use this instruction for any case in which first or second degree sexual misconduct with a minor is charged using the alternative means involving school employees and enrolled students. For such cases, this instruction will be used with the applicable to-convict instruction to be selected from 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) or WPI 44.33 (Sexual Misconduct with a Minor—Second Degree—Sexual Contract with a Minor—Defendant in Significant Relationship to Minor—Elements) through WPIC 44.33.05 (Sexual Misconduct with a Minor—Second Degree—Causing Sexual Contract Between Minors—Foster Parent—Elements), depending on the degree of the crime charged and the nature of the sexual activity.

RCW 9A.44.093(3); 9A.44.096(3).

The statutes each define a school employee as “an employee of a common school as defined in RCW 28A.150.020, or a grade kindergarten through twelve employee of a private school under RCW Chapter 28A.195, who is not enrolled as a student of the common school or private school.” A common school is a public school that carries on a program for kindergarten through grade 12, or any part thereof. RCW 28A.150.020. A private school is a non-public school covering “kindergarten and at least grade one” or “any or all of grades one through twelve.” WAC 180-90-112(1).

In rare cases, the instruction may need to be modified to include more specific definitions from RCW 28A.150.020 or WAC 180-90-112.

RCW 9A.44.093(3) and RCW 9A.44.096(3) include home-schooled students in the definition of “enrolled student.” Home-schooled students, just like other students, qualify under the statute if they are enrolled in a school, such as when otherwise home-schooled children attend a school for particular classes or activities. Home-schooled children thus do not need to be separately singled out in this instruction.