WPIC 75.02 Theft of Livestock—First Degree—Elements
11A WAPRAC WPIC 75.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 75.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 75. Theft of Livestock
WPIC 75.02 Theft of Livestock—First Degree—Elements
To convict the defendant of the crime of theft of livestock in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant willfully [took] [led or transported away] [concealed] [withheld] [slaughtered] [or] [appropriated] a [horse] [mule] [cow] [heifer] [bull] [steer] [swine] [goat] [or] [sheep];
(2) That the defendant intended to sell or exchange the animal;
(3) That the defendant intended to deprive or defraud the lawful owner thereof; 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 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 bracketed material as applicable. Use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 10.05 (Willfully—Definition) with this instruction.
If the statutory defense is in issue, use WPIC 19.08 (Theft—Defense) 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).
COMMENT
RCW 9A.56.080.
[Current as of December 2018.]
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