WPIC 47.02 Indecent Exposure—Person Fourteen Years or Older—Elements
11 WAPRAC WPIC 47.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 47.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 47. Indecent Exposure—Communication with a Minor for Immoral Purposes
WPIC 47.02 Indecent Exposure—Person Fourteen Years or Older—Elements
To convict the defendant of the crime of indecent exposure, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant made an open and obscene exposure [of defendant's person] [or] [of the person of another];
(2) That the defendant acted intentionally;
(3) That the defendant knew that such conduct was likely to cause reasonable affront or alarm; and
(4) That this act occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction when the defendant exposes himself or herself to someone fourteen years of age or older or when the defendant exposes another person. Along with this instruction, use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 10.02 (Knowledge—Knowingly—Definition).
For a discussion of prior convictions that raise the crime from a misdemeanor to a gross misdemeanor or a felony, see the Comment below.
Use bracketed material as applicable. For directions on choosing from among the bracketed phrases in element (4) depending on whether the case is in superior, municipal, or district court, and for directions on how to use bracketed material generally, see WPIC 4.20 (Introduction).
For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.88.010.
Misdemeanor, gross misdemeanor, or felony. Indecent exposure is a misdemeanor unless a defendant exposes himself or herself to someone under fourteen years of age, in which case it is a gross misdemeanor on the first offense. If a defendant has previously been convicted “under this section” or of a sex offense as defined under RCW 9.94A.030, then the defendant is guilty of a class C felony, regardless of the age of the viewer.
Prior convictions. If charged as a felony, see the discussion regarding prior convictions as essential elements in the Comment to WPIC 47.06 (Communications with a Minor for Immoral Purposes—Elements).
Aggravator: Indecent exposure does not inherently require a sexual element, so the sexual motivation sentencing aggravator can apply. State v. Murray, 190 Wn.2d 727, 416 P.3d 1225 (2018).
[Current as of June 2020.]
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