WPIC 45.10 Developmentally Disabled—Developmental Disability—Definitions
11 WAPRAC WPIC 45.10Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 45.10 (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 45.10 Developmentally Disabled—Developmental Disability—Definitions
[Developmentally disabled means a person with a disability attributable to intellectual disability, cerebral palsy, epilepsy or autism, that originates before the individual attains age eighteen, that has continued or can be expected to continue indefinitely, and that constitutes a substantial handicap to the individual.]
[“Developmental disability” means a disability attributable to intellectual disability, cerebral palsy, epilepsy or autism, that originates before the individual attains age eighteen, that has continued or can be expected to continue indefinitely, and that constitutes a substantial handicap to the individual.]
NOTE ON USE
Use the bracketed first paragraph for offenses defined in RCW Chapter 9A.44 if the to-convict instruction refers to a developmentally disabled person. Use the bracketed second paragraph for offenses defined in RCW Chapter 9A.44 if the to-convict instruction refers to a person with a developmental disability. It is not clear whether these definitions apply to offenses defined in other RCW chapters. See discussion in the Comment.
The instruction will need to be modified if it is alleged that the victim suffers from a neurological or other condition found by the secretary to be a disability closely related to intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities. See the Comment below (quoting the statute's language).
COMMENT
RCW 9A.44.010(10); RCW 71A.10.020(5).
RCW 9A.44.010 defines “person with a developmental disability” for offenses under RCW Chapter 9A.44. Under RCW 9A.44.010(10), the term is defined with a cross-reference to RCW 71A.10.020(5), which provides:
See also WAC 388-823-0015 (providing further definitions of the terms used in the statute).
In recent years, the Legislature has stated a preference for the term “person with a developmental disability,” rather than the more pejorative term “developmentally disabled person.” The legislative preference is stated in general terms in RCW 44.04.280. The Legislature has been revising some of its criminal statutes to use the preferred term, but some criminal offenses are still defined using the earlier term. For example, the definition of homicide by abuse still uses “developmentally disabled person.” See WPIC 29.04 (Homicide by Abuse—Elements). It is expected that the remaining criminal offenses will eventually be amended to use the preferred term. In the meantime, the pattern instruction allows practitioners to select the definition that fits the particular case.
In most cases, the jury instructions' use of these terms should match the term that is used in the charging document, absent an agreement by the parties to the contrary.
The statute on which the pattern instruction is based, RCW 9A.44.010, applies by its express terms only to offenses that are defined in RCW Chapter 9A.44. It is not clear whether the definition should be extended to other offenses. No other legislative definition for the term exists.
[Current as of March 2020.]
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