WPIC 73.04 Unlawful Issuance of a Bank Check—Gross Misdemeanor—Elements
11A WAPRAC WPIC 73.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 73.04 (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 73.04 Unlawful Issuance of a Bank Check—Gross Misdemeanor—Elements
To convict the defendant of the crime of unlawful issuance of a bank check, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant, acting with intent to defraud, [made] [drew] [uttered] [or] [delivered] a check or draft to another person;
(2) That
[at the time of such [making] [drawing] [uttering] [or] [delivery] the defendant knew that [he] [she] did not have sufficient funds in or credit with the bank or depository to meet the check or draft in full upon its presentation;] [or]
[the defendant issued a stop-payment order directing the bank or depository on which the check is drawn not to honor the check, and failed 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;]
and
(3) That any of these acts 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
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.
Use bracketed material as applicable. 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.
The instruction is drafted under the assumption that only one of the alternatives in element (2) will be used. If in a given case both of the bracketed paragraphs need to be included in element (2), then the instruction should be revised to follow the format for a to-convict instruction involving alternative means. 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 a discussion of the phrase “any of these acts” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form). 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).
COMMENT
RCW 9A.56.060.
The crime by default is a gross misdemeanor. The amount of the check need not be proved as an element in a gross misdemeanor case.
[Current as of September 2018.]
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