WPIC 48.02 Prostitution—Elements
11 WAPRAC WPIC 48.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.02 Prostitution—Elements
To convict the defendant of the crime of prostitution, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [engaged] [or] [agreed to engage] [or] [offered to engage] in sexual conduct with another person;
(2) That the [sexual conduct] [or] [agreement] [or] [offer] was in return for a fee; and
(3) That any of these acts 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 WPIC 48.12 (Sexual Conduct—Definition) with this instruction.
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases relating to how the crime is committed, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form).
Use WPIC 19.04.06 (Prostitution—Defense) if a jury issue exists as to the statutory affirmative defense for this offense. The affirmative defense applies to victims of trafficking or first degree promoting prostitution. For further discussion, see the Comment to WPIC 19.04.06 (Prostitution—Defense).
In element (3), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction). For a discussion of the phrase “any of these acts” 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.88.030.
Under RCW 9A.88.050, the gender of the two parties is immaterial. The gender involved does not constitute a defense.
The mere act of offering to engage in sexual intercourse or conduct for a consideration is a violation of the statute. No overt act is required to complete the offense. See City of Yakima v. Emmons, 25 Wn.App. 798, 609 P.2d 973 (1980), and the cases cited therein.
RCW 9A.88.030 does not apply to patrons of prostitutes. State v. Wilbur, 110 Wn.2d 16, 749 P.2d 1295 (1988). See the Comment to WPIC 48.09 (Patronizing a Prostitute—Definition).
[Current as of March 2020.]
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