WPIC 45.08 Significant Relationship—Definition
11 WAPRAC WPIC 45.08Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 45.08 (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 45.08 Significant Relationship—Definition
Significant relationship means a situation in which a person
[has undertaken the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors.] [or]
[supervises minors in the course of his or her employment.] [or]
[provides welfare, health or residential assistance, personal care, or organized recreational activities to frail elders or vulnerable adults, including a provider, employee, temporary employee, volunteer, or independent contractor who supplies services to long-term care facilities, home health, hospice, or home care agencies [licensed under state law] [or] [required to be licensed under state law], but not including a consensual sexual partner.]
NOTE ON USE
Use the instruction when the term “significant relationship” is used in a case involving second degree rape or first or second degree sexual misconduct with a minor. See WPIC Chapters 41 (Rape—Second Degree) and 44 (Rape of a Child—Child Molestation—Sexual Misconduct with a Minor).
Use bracketed material as applicable. If using the third bracketed paragraph, use the language up through “vulnerable adult” and then select from the clauses that follow as applicable to the particular case. See discussion in the Comment regarding the possible need for more detailed instructions as to the licensing of agencies. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
COMMENT
RCW 9A.44.010(8).
A factual issue may arise whether a particular facility is a long-term care, home health, hospice, or home care agency that is licensed or required to be licensed. In such cases, further instructional definitions under RCW Chapters 18.20, 18.51, 72.36, 70.127, or 70.128 may be required.
[Current as of March 2020.]
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