WPIC 61.04 Vehicle Prowling—Second Degree—Gross Misdemeanor—Elements
11A WAPRAC WPIC 61.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 61.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 61. Vehicle Prowling
WPIC 61.04 Vehicle Prowling—Second Degree—Gross Misdemeanor—Elements
To convict the defendant of the crime of vehicle prowling in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant unlawfully entered or remained in a vehicle [other than a motor home] [other than a vessel equipped for propulsion by mechanical means or by sail and that has a cabin equipped with permanently installed sleeping quarters or cooking facilities];
(2) That the entering or remaining was with intent to commit a crime against a person or property therein; 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
With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 65.02 (Enters or Remains Unlawfully—Definition), substituting the word “vehicle” for the word “premises.” As applicable, also use WPIC 61.05 (Motor Home—Definition).
Use bracketed material as applicable. 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.52.100.
Vehicle prowling in the second degree is a felony if the defendant has two or more prior separate convictions for the same offense.
Under some circumstances, it may be necessary to specify and define the crime alleged to have been intended by the defendant, if the defendant so requests. See Comment to WPIC 61.02 (Vehicle Prowling—First Degree—Elements).
In State v. Lass, 55 Wn.App. 300, 777 P.2d 539 (1989), Division Three of the Court of Appeals held that second degree vehicle prowling merges into a charge of taking a motor vehicle without permission. Division One reached a contrary conclusion, at least in a case in which there was malicious mischief committed inside the car in addition to its being driven. State v. L.U., 137 Wn.App. 410, 153 P. 3d 894 (2007), affirmed on other grounds, 165 Wn.2d 95, 196 P.3d 645 (2008). See also State v. Joseph, 189 Wn.2d 645, 405 P.3d 993 (2017) (criminal trespass in the second degree can be a lesser included offense of vehicle prowling in the second degree).
[Current as of May 2018.]
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