WPIC 77.15 Possessing Stolen Access Devices—Presumption

RCW 9A.56.140(3).

The statute provides that when a person possesses or has control of stolen access devices issued in the names of two or more persons, the person shall be presumed to know that they are stolen and the presumption may be rebutted by evidence raising a reasonable inference of lack of such knowledge. Knowledge that the property is stolen is one of the elements of the crime of possessing stolen property. By requiring a defendant to rebut the presumption of knowledge that arises when a defendant possesses stolen access devices issued in the names of two or more persons, the statute creates a mandatory presumption. See State v. Johnson, 100 Wn.2d 607, 674 P.2d 145 (1983), overruled in part on other grounds by State v. Bergeron, 105 Wn.2d 1, 711 P.2d 1000 (1985).

Statutory presumptions are generally not allowed in criminal cases. For further discussion of presumptions and inferences in criminal cases, see the Comment to WPIC 6.25 (Presumed to Intend Natural Consequences of Acts).