WPIC 60.17 Criminal Trespass—Second Degree—Definition
11A WAPRAC WPIC 60.17Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 60.17 (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 60.17 Criminal Trespass—Second Degree—Definition
A person commits the crime of criminal trespass in the second degree when he or she knowingly enters or remains unlawfully in or upon premises of another [under circumstances not constituting criminal trespass in the first degree].
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 the bracketed phrase if both first and second degree criminal trespass are being submitted to the jury. Do not use the bracketed phrase if the charge is only second degree criminal trespass.
With this instruction, use WPIC 65.01 (Premises—Definition), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 65.02 (Enters or Remains Unlawfully—Definition).
Also use WPIC 19.07 (Criminal Trespass—Second Degree—Defense) if the statutory defense is an issue supported by the evidence.
COMMENT
RCW 9A.52.080.
See the Comment to WPIC 60.18 (Criminal Trespass—Second Degree—Elements).
[Current as of May 2018.]
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