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WPIC 60.15 Criminal Trespass—First Degree—Definition

11A WAPRAC WPIC 60.15Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 60.15 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part IX. Crimes Against Property

WPIC CHAPTER 60. Burglary and Criminal Trespass

WPIC 60.15 Criminal Trespass—First Degree—Definition

A person commits the crime of criminal trespass in the first degree when he or she knowingly enters or remains unlawfully in a building.

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).

Do not use WPIC 2.05 (Building—Definition) with this instruction. If criminal trespass is presented to the jury as a lesser included offense of burglary, additional instructions may be needed to explain that there is a separate definition of building for burglary and a separate definition of building for criminal trespass. See Comment to WPIC 60.16 (Criminal Trespass—First Degree—Elements).

With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 65.02 (Enters or Remains Unlawfully—Definition).

Also use WPIC 19.06 (Criminal Trespass—First Degree—Defense) if the statutory defense is an issue supported by the evidence.