WPIC 70.05 Theft—Second Degree—Definition
11A WAPRAC WPIC 70.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 70.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 70. Theft
WPIC 70.05 Theft—Second Degree—Definition
A person commits the crime of theft in the second degree when he or she commits theft of
[property or services exceeding $750 in value] [but not exceeding $5,000 in value] [or]
[a public record, writing, or instrument kept, filed or deposited according to law with, or in the keeping of, any public office or public servant] [or]
[[commercial metal property] [nonferrous metal property] [private metal property] and the costs of the damage to the owner's property exceed $750 [but does not exceed $5,000 in value]] [or]
[an access device].
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).
There are definitions of commercial metal property, nonferrous metal property, and private metal property in RCW 19.290.010.
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 70.26 (Theft of Motor Vehicle—Elements). For a discussion of the exceptions in RCW 9A.56.040 for firearms and motor vehicles, see the Comment to WPIC 70.06 (Theft—Second Degree—Value of Property—Elements).
Use bracketed material as applicable. The bracketed phrase referring to the maximum dollar amount is not needed unless theft in the second degree is being submitted as a lesser included crime with theft in the first degree.
With this instruction, use WPIC 79.01 (Theft—Definition) and WPIC 79.20 (Value—Definition). As applicable, also use WPIC 2.21 (Property—Definition), WPIC 2.22 (Public Servant—Definition), WPIC 79.06 (Services—Definition), and WPIC 79.07 (Access Device—Definition).
Use WPIC 19.08 (Theft—Defense) with this instruction if the statutory defense is an issue supported by the evidence.
Use WPIC 300.06 (Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding) if the aggravating factor of RCW 9.94A.535(3)(z) is at issue.
COMMENT
RCW 9A.56.040.
See the Comment to WPIC 70.06 (Theft—Second Degree—Value of Property—Elements).
[Current as of October 2018.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |