WPIC 60.11 Making or Having Burglary Tools—Elements
11A WAPRAC WPIC 60.11Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 60.11 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 60. Burglary and Criminal Trespass
WPIC 60.11 Making or Having Burglary Tools—Elements
To convict the defendant of the crime of making or having burglary tools, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [made, mended, or caused to be made or mended] [possessed] an engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary;
(2) That the defendant's actions were under circumstances evincing an intent to use or employ, or allow the tools to be used or employed, or knowing that the tools were intended to be used or employed, in the commission of a burglary; and
(3) That this act 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 of 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 bracketed material as applicable. Use the second paragraph of WPIC 60.10 (Making or Having Burglary Tools—Definition) with this instruction.
With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 10.02 (Knowledge—Knowingly—Definition). Consider using WPIC 2.05 (Building—Definition) (without the bracketed term “vehicle”) and WPIC 65.02 (Enters or Remains Unlawfully—Definition).
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 “this act” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.52.060.
[Current as of May 2018.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |