WPIC 74.01 Taking Motor Vehicle Without Permission—Second Degree—Definition
11A WAPRAC WPIC 74.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 74.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 74. Taking Motor Vehicle
WPIC 74.01 Taking Motor Vehicle Without Permission—Second Degree—Definition
A person commits the crime of taking a motor vehicle without permission in the second degree when, without permission of the owner or person entitled to possession, he or she intentionally takes or drives away any automobile or motor vehicle, [whether propelled by steam, electricity, or internal combustion engine,] that is the property of another.
[A person [also] commits the crime of taking a motor vehicle without permission in the second degree when he or she voluntarily rides in or upon an automobile or motor vehicle with knowledge of the fact that the same was unlawfully taken.]
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. Do not use the bracketed second paragraph with WPIC 74.03 (Taking Motor Vehicle Without Permission—Second Degree—Taking—Elements). Use both paragraphs of this instruction if it is being used with WPIC 74.02 (Taking Motor Vehicle Without Permission—Second Degree—Alternatives—Elements) or WPIC 74.04 (Taking Motor Vehicle Without Permission—Second Degree—Riding—Elements).
Use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 2.25 (Vehicle—Definition) with this instruction.
COMMENT
RCW 9A.56.075.
A riding lawnmower is not a motor vehicle under RCW 9A.56.065 (Theft of a Motor Vehicle). State v. Barnes, 189 Wn.2d 492, 403 P.3d 72 (2017). “A snowmobile is a ‘motor vehicle’ for purposes of RCW 9A.56.065.” State v. Wolvelaere, 195 Wn.2d 597, 611, 461 P.3d 1173 (2020).
Taking a motor vehicle without permission, RCW 9A.56.075, is not a lesser included offense of theft of a motor vehicle. State v. Ritchey, 1 Wn.App.2d 387, 405 P.3d 1018 (2017).
See the Comment to WPIC 74.02 (Taking Motor Vehicle Without Permission—Second Degree—Alternatives—Elements).
[Current as of June 2020.]
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