WPIC 70.13 Theft of a Firearm—Elements
11A WAPRAC WPIC 70.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 70.13 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 70. Theft
WPIC 70.13 Theft of a Firearm—Elements
To convict the defendant of the crime of theft of a firearm, each of the following three elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant
[(a)] [wrongfully obtained or exerted unauthorized control over a firearm belonging to another;] [or]
[(b)] [by color or aid of deception, obtained control over a firearm belonging to another;] [or]
[(c)] [appropriated a lost or misdelivered firearm belonging to another;]
(2) That the defendant intended to deprive the other person of the firearm; and
(3) That this act occurred in the State of Washington.
If you find from the evidence that elements (2) and (3), and any of the alternative elements [(1)(a)] [(1)(b)] or [(1)(c)] have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives [(1)(a)] [(1)(b)] or [(1)(c)] has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of elements (1), (2), or (3), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use with WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 2.10 (Firearm—Definition as Element). As applicable, also use WPIC 79.02 (Wrongfully Obtains—Exerts Unauthorized Control—Definition), WPIC 79.03 (By Color or Aid of Deception—Definition), WPIC 79.04 (Deception—Definition), and WPIC 79.05 (Appropriate Lost or Misdelivered Property or Services—Definition).
The instruction is drafted for cases in which the jury needs to be instructed using two or more of the alternatives for element (1). Care must be taken to limit the alternatives to those that were included in the charging document and are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form). For the related jury interrogatory, see WPIC 190.09 (Special Verdict Form—Elements with Alternatives). For any case in which substantial evidence supports only one of the alternatives in element (1), revise the instruction to remove references to alternative elements following the format set forth in WPIC 4.21 (Elements of the Crime—Form).
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.56.300.
The statute provides that each firearm taken may be prosecuted as a separate offense. However, this statute does not preclude a finding, for purposes of sentencing, that multiple firearm thefts encompassed the same criminal conduct and, therefore, should be counted as one offense in calculating the offender score. State v. Roose, 90 Wn.App. 513, 957 P.2d 232 (1998).
RCW 9A.56.300(5) specifically provides that the definition of firearm is to be taken from RCW 9.41.010, which is incorporated in WPIC 2.10 (Firearm—Definition as Element).
The instruction includes the phrase “belonging to another” in light of State v. Ralph, 85 Wn.App. 82, 930 P.2d 1235 (1997) (statute unchanged in this regard, see 9A.56.300(4)).
[Current as of September 2018.]
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