WPIC 73.03 Unlawful Issuance of a Bank Check—Gross Misdemeanor—Definition
11A WAPRAC WPIC 73.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 73.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 73. Bank Checks—Unlawful Issuance
WPIC 73.03 Unlawful Issuance of a Bank Check—Gross Misdemeanor—Definition
A person commits the crime of unlawful issuance of a bank check when, with intent to defraud, he or she [makes] [draws] [utters] [or] [delivers] to another person any check or draft on a bank or other depository for the payment of money, and the person
[knows at the time of such [making] [drawing] [uttering] [or] [delivery] that he or she does not have sufficient funds in, or credit with, the bank or other depository, to meet the check or draft, in full, upon its presentation] [or]
[issues a stop-payment order directing the bank or depository on which the check is drawn not to honor the check, and fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing the check or draft].
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 WPIC 10.01 (Intent—Intentionally—Definition), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 79.10 (Unlawful Issuance of Bank Check—Credit—Definition) with this instruction.
It is preferable not to select the legalistic word “utter.” See discussion in the Note on Use and Comment to WPIC 130.01 (Forgery—Definition). If it is used, it should be defined.
COMMENT
RCW 9A.56.060.
See the Comment to WPIC 73.04 (Unlawful Issuance of Bank Check—Gross Misdemeanor—Elements).
[Current as of September 2018.]
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