WPIC 48.12 Sexual Conduct—Definition
11 WAPRAC WPIC 48.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.12 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.12 Sexual Conduct—Definition
Sexual conduct means [sexual contact] [or] [sexual intercourse].
[Sexual contact means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party [or a third party].]
[Sexual intercourse means
[that the sexual organ of the male entered and penetrated the sexual organ of the female and occurs upon any penetration, however slight] [or]
[any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex [except when such penetration is accomplished for medically recognized treatment or diagnostic purposes]] [or]
[any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex].]
NOTE ON USE
Use this instruction with WPIC 48.02 (Prostitution—Elements), WPIC 48.10 (Patronizing a Prostitute—Elements), or WPIC 48.11 (Advanced Prostitution—Profited from Prostitution—Definition).
COMMENT
RCW 9A.88.030(2).
The statute states that “sexual conduct” means “sexual intercourse” or “sexual contact” as defined in RCW Chapter 9A.44. The definition of sexual contact is derived from RCW 9A.44.010(2). For further discussion see the Comment to WPIC 45.07 (Sexual Contact—Defined). The definition of sexual intercourse is derived from RCW 9A.44.010(1). For further discussion see the Comment to WPIC 45.01 (Sexual Intercourse—Defined).
This instruction was formerly numbered WPIC 48.09.01.
[Current as of December 2019.]
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