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WPIC 45.09 Abuse of a Supervisory Position—Definition

11 WAPRAC WPIC 45.09Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 45.09 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part VII. Sex Crimes
WPIC CHAPTER 45. Sex Offenses—Definitions
WPIC 45.09 Abuse of a Supervisory Position—Definition
Abuse of a supervisory position means [a direct or indirect threat or promise to use authority to the detriment or benefit of a minor] [or] [exploitation of a significant relationship in order to obtain a minor's consent].
This instruction should be used when the phrase “abuse of a supervisory position” is included in the elements instruction for sexual misconduct with a minor. See WPIC Chapter 44 (Rape of a Child—Child Molestation—Sexual Misconduct with a Minor).
Use the bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction). If using the second bracketed phrase, then also use WPIC 45.08 (Significant Relationship—Definition) and 45.04 (Consent—Definition).
RCW 9A.44.010(9).
In State v. Fiser, 99 Wn.App. 714, 995 P.2d 107 (2000), a teacher abused his supervisory position during the course of a sexual relationship with a high school student by indirectly promising special privileges, providing special access to a classroom and computer, and helping the student get out of classes. The special privileges ceased when the sexual relationship ended.
[Current as of March 2020.]
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