WPIC 73.20 Unlawful Issuance of a Bank Check—Common Scheme or Plan
11A WAPRAC WPIC 73.20Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 73.20 (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 73.20 Unlawful Issuance of a Bank Check—Common Scheme or Plan
Whenever any series of transactions that constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of $750 or less because of value, and the series of transactions are part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all the transactions shall be the value considered in determining whether the amount was greater than $750.
NOTE ON USE
Use this instruction with WPIC 73.01 (Unlawful Issuance of Bank Check—Felony—Definition) if a series of transactions is relied upon to elevate the charge to a felony. If this instruction is used, the existence of a common scheme or plan is a separate element that must be set out separately in the elements instruction.
COMMENT
RCW 9A.56.060(3)
In State v. Bonefield, 37 Wn.App. 878, 683 P.2d 1129 (1984), a prosecution for unlawful issuance of a bank check, the court noted that the State may aggregate the amounts lost in a series of transactions as part of a common scheme or plan in determining whether the offense involved a class C felony or a gross misdemeanor.
[Current as of September 2018.]
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