WPIC 49.01 Indecent Liberties—Definition
11 WAPRAC WPIC 49.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 49. Indecent Liberties
WPIC 49.01 Indecent Liberties—Definition
A person commits the crime of indecent liberties when he or she knowingly causes another person to have sexual contact with [him] [her]
[by forcible compulsion] [or]
[when the other person is incapable of consent by reason of being mentally defective or mentally incapacitated] [or]
[when the other person is incapable of consent by reason of being physically helpless] [or]
[when the other person has a developmental disability, and the perpetrator is not married to the other person, and has supervisory authority over the other person] [or]
[when the other person has a developmental disability, and the perpetrator is not married to the other person, and, within the course of his or her employment, was providing transportation to the other person at the time of the offense] [or]
[when the other person is a client or patient and the perpetrator is a health care provider, and the sexual contact occurs during a treatment session, consultation, interview, or examination] [or]
[when the other person is a resident of a facility for persons with a [mental disorder] [chemical dependency], and the perpetrator is not married to the other person, and has supervisory authority over the other person] [or]
[when the other person is a frail elder or vulnerable adult and the perpetrator is not married to the other person, and has a significant relationship with the other person] [or]
[when the other person is a frail elder or vulnerable adult, and the perpetrator is not married to the other person, and within the course of his or her employment, was providing transportation to the other person at the time of the offense].
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).
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
The instruction is drafted to cover the more common scenario when the defendant is charged with causing another person to have sexual contact with the defendant, rather than for the cases when the defendant is charged with causing a person to have sexual contact with a third person. For cases involving the less common scenario, the instruction will need to be modified as discussed in the Comment to WPIC 49.02 (Indecent Liberties—Elements).
With this instruction, use WPIC 45.07 (Sexual Contact—Definition) and WPIC 10.02 (Knowledge—Knowingly—Definition). Also use, as applicable, WPIC 45.03 (Forcible Compulsion—Definition), WPIC 45.05 (Mentally Incapacitated—Physically Helpless—Definition), WPIC 45.06 (Married—Definition), WPIC 45.10 (Developmentally Disabled—Developmental Disability—Definitions), WPIC 45.11 (Person With Supervisory Authority—Definition), WPIC 45.12 (Health Care Provider—Definition), WPIC 45.13 (Treatment—Definition), or WPIC 45.14 (Frail Elder or Vulnerable Adult—Definition).
Use WPIC 45.04 (Consent—Definition) with this instruction if a definition of consent is needed in the case. See Comment to WPIC 49.02 (Indecent Liberties—Elements).
If the statutory defense is in issue, use WPIC 19.03 (Rape (Second Degree) or Indecent Liberties (Victim Helpless or Incapacitated)—Defense) or WPIC 19.03.02 (Rape (Second Degree) or Indecent Liberties (Health Care Provider)—Defense) with this instruction. See Comment to WPIC 49.02 (Indecent Liberties—Elements).
COMMENT
RCW 9A.44.100(1). Prior to 2013, the indecent liberties statute exempted the victim's spouse in all cases. The Legislature amended the statute in 2013 to eliminate the blanket exemption for spouses, although the exemption remains in cases where the victim is a person with a developmental disability, a frail elder or vulnerable adult, or a resident of a facility for persons with a mental disorder or chemical dependency.
See Comment to WPIC 49.02 (Indecent Liberties—Elements.)
[Current as of March 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |