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WPIC 45.14 Frail Elder or Vulnerable Adult—Sex Offenses—Definition

11 WAPRAC WPIC 45.14Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 45.14 (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 45.14 Frail Elder or Vulnerable Adult—Sex Offenses—Definition
[“Frail elder or vulnerable adult” means a person 60 years of age or older who has the functional, mental, or physical inability to care for himself or herself.]
[“Frail elder or vulnerable adult” also includes
[a person found incapacitated] [or]
[a person over eighteen years of age who has a developmental disability] [or]
[a person admitted to a licensed long-term care facility [or one that is required to be licensed under state law]] [or]
[a person receiving services from a licensed home health, hospice, or home care agency [or one that is required to be licensed under state law]].]
Use the instruction with other sex offense instructions that use the term “frail elderly or vulnerable adult.” See WPIC 41.02 (Rape—Second Degree—Elements); WPIC 49.02 (Indecent Liberties—Elements).
Use the bracketed language as applicable. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
In particular cases, additional detail may be needed. See the Comment below.
RCW 9A.44.010(16).
The instruction has removed some of the statutory cross-references that are contained in RCW 9A.44.010(16). For example, RCW 9A.44.010(16) refers to “a person found incapacitated under chapter 11.88 RCW,” the guardianship statute, while the instruction refers to “a person found incapacitated.” In particular cases, however, it may be necessary to modify the instruction to more closely follow the statutory language. In such cases, practitioners should consider revising the term to read “a person found incapacitated under Washington's guardianship laws” rather than using the statutory reference to a particular chapter of Washington's statutes.
A factual issue may arise whether a 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.]
End of Document