WPIC 78.02 Obscuring the Identity of a Machine—Elements
11A WAPRAC WPIC 78.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 78.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 78. Obscuring Identity of Machine
WPIC 78.02 Obscuring the Identity of a Machine—Elements
To convict the defendant of the crime of obscuring the identity of a machine, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant
[obscured the manufacturer's serial number or other distinguishing identification number or mark upon a [vehicle] [machine] [engine] [apparatus] [appliance] [or other device] with intent to render it unidentifiable] [or]
[possessed a [vehicle] [machine] [engine] [apparatus] [appliance] [or other device] held for sale knowing that the serial number or other identification number or mark had been obscured];
(2) That the defendant acted knowingly; and
(3) That this act occurred in the [State of Washington] [City of ] [County of ].
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
With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition). Also use, as applicable, WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 2.25 (Vehicle—Nontraffic Cases—Definition).
Use bracketed material as applicable. In element (3) choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
For a discussion of the phrase “this act” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
The instruction is drafted under the assumption that only one of the alternatives in element (1) will be used. If, in a given case, both of the bracketed paragraphs need to be included in element (1), then the instruction should be revised to follow the format for a to-convict instruction involving alternative means. See WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form).
COMMENT
RCW 9A.56.180.
[Current as of January 2019.]
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