WPIC 46.07 Incest—Descendant—Definition
11 WAPRAC WPIC 46.07Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 46.07 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 46. Bigamy and Incest
WPIC 46.07 Incest—Descendant—Definition
Descendant means any child or grandchild [or great grandchild] of the defendant. [A descendant also includes any stepchild or adopted child of the defendant who is under eighteen years of age.]
NOTE ON USE
Use bracketed material as applicable. Use the bracketed material in the second sentence whenever a stepchild or adopted child under age eighteen is involved. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
COMMENT
RCW 9A.64.020(3).
The statutory definition was upheld against an equal protection challenge in State v. Kaiser, 34 Wn.App. 559, 663 P.2d 839 (1983).
The relationship of stepgrandchild is not included in the relationships to which the incest statute applies. State v. Handyside, 42 Wn.App. 412, 711 P.2d 379 (1985).
A defendant's biological child is a descendant for purposes of the statute regardless of changes in legal status, such as through adoption. State v. Hall, 112 Wn.App. 164, 48 P.3d 350 (2002). In Hall, the court held that the biological relationship survives the relinquishment of parental rights, and adoption is not a defense to a charge of incest between a biological parent and a child the defendant knows is his or her offspring.
[Current as of March 2020.]
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