WPIC 45.06 Married—Definition
11 WAPRAC WPIC 45.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 45.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 45. Sex Offenses—Definitions
WPIC 45.06 Married—Definition
Married means one who is legally married to another [or who is in a registered domestic partnership], but does not include a person who is living separate and apart from his or her spouse [or registered domestic partner] and who has filed in court for legal separation or for dissolution of the marriage [or for termination of the registered domestic partnership].
NOTE ON USE
Use this instruction if it would be helpful to the jury in any rape, rape of a child, child molestation, sexual misconduct with a minor, or indecent liberties case in which the issue of marriage is involved. See WPIC Chapters 40 through 42, 44, and 49. The word “divorce” may be substituted for “dissolution of the marriage” if doing so will be helpful to the jurors.
If a case involves a registered domestic partnership, and if it becomes necessary to define the term for jurors, an instruction can be drafted using language from RCW Chapter 26.60.
COMMENT
RCW 9A.44.010(3).
The statute refers to filing for separation or dissolution in an “appropriate” court. That is a matter of law for the judge in deciding whether to submit this issue to the jury.
The instruction reflects the 2009 legislation on state registered domestic partnerships. See RCW 9A.44.904 (statutory references to “marriage” and marital dissolution are intended to be applied equally to state registered domestic partnerships and their termination, dissolution, or invalidation).
[Current as of June 2020.]
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