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WPIC 70.01 Theft—First Degree—Definition

11A WAPRAC WPIC 70.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 70.01 (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 70. Theft
WPIC 70.01 Theft—First Degree—Definition
A person commits the crime of theft in the first degree when he or she commits theft of [property or services exceeding $5,000 in value] [or] [property of any value taken from the person of another] [or] [an on-duty search and rescue dog] [or] [[commercial metal property,] [nonferrous metal property,] [or] [private metal property] and the costs of the damage to the owner's property exceed $5,000 in value].
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. Use the definitions of commercial metal property, nonferrous metal property, and private metal property in RCW 19.290.010, as needed.
With this instruction use WPIC 79.01 (Theft—Definition) and WPIC 79.20 (Value—Definition). Also use as applicable WPIC 2.21 (Property—Definition) and WPIC 79.06 (Services—Definition).
Use WPIC 19.08 (Theft—Defense) with this instruction if the statutory defense is an issue supported by the evidence.
Do not use this instruction for theft of a firearm. Instead use WPIC 70.12 (Theft of a Firearm—Definition). Do not use this instruction for theft of a motor vehicle. Instead use WPIC 70.25 (Theft of Motor Vehicle—Definition). For a discussion of the exceptions in RCW 9A.56.030 for firearms and motor vehicles, see the Comments to WPIC 70.02 (Theft—First Degree—Value of Property—Elements) and WPIC 70.02.01 (Theft—First Degree—Property Taken from the Person of Another—Elements).
Use WPIC 300.06 (Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Along Sentencing Proceeding) if the aggravating factor of RCW 9.94A.535(3)(z) is at issue.
COMMENT
RCW 9A.56.030.
[Current as of December 2018.]
End of Document