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WPIC 48.03 Promoting Prostitution—First Degree—Definition

11 WAPRAC WPIC 48.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.03 Promoting Prostitution—First Degree—Definition
[A person commits the crime of promoting prostitution in the first degree [when he or she knowingly advances prostitution by compelling a person by threat or force to engage in prostitution] [or] [when he or she knowingly profits from prostitution that results from such threat or such force].]
[A person [also] commits the crime of promoting prostitution in the first degree [when he or she knowingly advances prostitution by compelling a person with a mental incapacity or developmental disability that renders the person incapable of consent to engage in prostitution] [or] [when he or she knowingly profits from prostitution that results from such compulsion].]
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
For the first bracketed alternative above, the companion to-convict instruction is WPIC 48.04 (Promoting Prostitution—First Degree—Threat or Force—Elements). For the second bracketed alternative, the companion to-convict instruction is WPIC 48.04.02 (Promoting Prostitution—First Degree—Person with Mental Incapacity or Developmental Disability—Elements).
The first paragraph has two bracketed clauses. The second bracketed clause uses the statutory words “such threat or such force.” The context for these words is found in the first bracketed clause. If the second bracketed clause is being used without the first, then modification will be needed to supply the necessary context, such as: “A person commits the crime of promoting prostitution in the first degree when he or she knowingly profits from prostitution that was compelled by threat or force.”
The second paragraph has two bracketed clauses. The second bracketed clause uses the statutory words “such compulsion.” The context for these words is found in the first bracketed clause. If the second bracketed clause is being used without the first, then modification will be needed to supply the necessary context, such as: “A person commits the crime of promoting prostitution in the first degree when he or she knowingly profits from prostitution that resulted from the use of compulsion on a person with a mental incapacity or developmental disability that renders the person incapable of consent.”
Use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 48.11 (Advanced Prostitution—Profited from Prostitution—Definition) with this instruction. Use, as applicable, WPIC 2.24 (Threats—Definition) with this instruction.
COMMENT
RCW 9A.88.070.
See the Comments to WPIC 48.04 (Promoting Prostitution—First Degree—Threat or Force—Elements) and WPIC 48.04.01 (Promoting Prostitution—First Degree—Person Under 18—Elements).
[Current as of December 2019.]
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