WPIC 74.03 Taking Motor Vehicle Without Permission—Second Degree—Taking—Elements
11A WAPRAC WPIC 74.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 74.03 (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 74.03 Taking Motor Vehicle Without Permission—Second Degree—Taking—Elements
To convict the defendant of the crime of taking a motor vehicle without permission in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant took or drove away [an automobile] [a motor vehicle] without permission of the owner or person entitled to possession;
(2) That the defendant was acting intentionally;
(3) That the [automobile] [motor vehicle] was the property of another; and
(4) That this act occurred in the State of Washington.
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 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 this instruction if the case involves only intentionally taking the automobile. If the case involves only voluntarily riding in the automobile, use WPIC 74.04 (Taking Motor Vehicle Without Permission—Second Degree—Riding—Elements). If both are involved as alternatives, use WPIC 74.02 (Taking Motor Vehicle Without Permission—Second Degree—Alternatives—Elements).
Use bracketed material as applicable. Use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 2.25 (Vehicle—Definition) with this instruction.
For a discussion of the phrase “this act” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
If the facts on which jurisdiction is based are in dispute, a special verdict form may need to be submitted to the jury. See WPIC 4.20 (Introduction).
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 a Motor Vehicle Without Permission—Second Degree—Alternatives—Elements).
[Current as of June 2020.]
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