WPIC 48.10 Patronizing a Prostitute—Elements
11 WAPRAC WPIC 48.10Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.10 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.10 Patronizing a Prostitute—Elements
To convict the defendant of the crime of patronizing a prostitute, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [solicited or requested (name of person) to engage in sexual conduct with the defendant in return for a fee] [or] [, pursuant to a prior understanding, paid a fee to (name of person) as compensation for (name of person) having engaged in sexual conduct with the defendant] [or] [paid or agreed to pay a fee to (name of person) pursuant to an understanding that in return for the fee, (name of person) would engage in sexual conduct with the defendant]; and
(2) 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).
In element (2), 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.88.110.
This statute was enacted in light of State v. Wilbur, 110 Wn.2d 16, 749 P.2d 1295 (1988), which held that RCW 9A.88.030, the prostitution statute, does not apply to patrons of prostitutes.
In 2017, the statute was amended to deal with the situation of a solicitation or request occurring in one place and the conduct occurring in another. The crime is deemed to have occurred both where the communication occurred and at the place of the meeting. RCW 9A.88.110(2). For double jeopardy purposes, the statute is careful to preclude prosecution for the conduct at both places. If this becomes an issue at trial, appropriate language will need to be added to the instruction.
[Current as of December 2019.]
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