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WPIC 74.04 Taking Motor Vehicle Without Permission—Second Degree—Riding—Elements

11A WAPRAC WPIC 74.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 74.04 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part IX. Crimes Against Property

WPIC CHAPTER 74. Taking Motor Vehicle

WPIC 74.04 Taking Motor Vehicle Without Permission—Second Degree—Riding—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 voluntarily rode in or upon [an automobile] [a motor vehicle];

(2) That the [automobile] [motor vehicle] was the property of another;

(3) That the [automobile] [motor vehicle] had been intentionally taken or driven away without permission of the owner or person entitled to possession;

(4) That at the time of the riding the defendant knew that the [automobile] [motor vehicle] was unlawfully taken; and

(5) That the defendant's 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, 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 bracketed material as applicable.

Use this instruction if the case involves only voluntarily riding in an automobile that had been unlawfully taken. If the case involves only intentionally taking the automobile, use WPIC 74.03 (Taking Motor Vehicle Without Permission—Second Degree—Taking—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), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 2.25 (Vehicle—Definition) with this instruction.

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).

To convict a defendant of taking a motor vehicle without permission under the “riding” prong, the State must prove among other elements that the defendant knew the car was stolen. State v. C.M.C., 110 Wn.App. 285, 40 P.3d 690 (2002).

[Current as of June 2020.]

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