WPIC 77.01 Possessing Stolen Property—First Degree—Definition
11A WAPRAC WPIC 77.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 77.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 77. Possessing Stolen Property
WPIC 77.01 Possessing Stolen Property—First Degree—Definition
A person commits the crime of possessing stolen property in the first degree when he or she knowingly possesses stolen property that exceeds $5,000 in value.
Possessing stolen property means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
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).
This instruction is drafted for cases charged under RCW 9A.56.150 (the generic statute for first degree possession of stolen property). For cases charged under RCW 9A.56.068 (specific statute as to possessing a stolen motor vehicle), use WPIC 77.20 (Possessing a Stolen Motor Vehicle—Definition) instead of this instruction. For cases charged under RCW 9A.56.140 (specific statute as to possessing a stolen firearm), use WPIC 77.12 (Possessing a Stolen Firearm—Definition) instead of this instruction.
For a discussion of the exceptions in RCW 9A.56.150 for firearms and motor vehicles, see the Comment to WPIC 77.02 (Possessing Stolen Property—First Degree—Elements).
With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 79.08 (Stolen—Definition), WPIC 79.09 (Receive—Definition), and WPIC 79.20 (Value—Definition). Also use if needed WPIC 2.21 (Property—Definition).
COMMENT
RCW 9A.56.150.
See the Comment to WPIC 77.02 (Possessing Stolen Property—First Degree—Elements).
[Current as of January 2019.]
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