WPIC 79.02 Wrongfully Obtains—Exerts Unauthorized Control—Definition
11A WAPRAC WPIC 79.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 79.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 79. Theft—Definitions
WPIC 79.02 Wrongfully Obtains—Exerts Unauthorized Control—Definition
[Wrongfully obtains means to take wrongfully the property or services of another.]
[To exert unauthorized control means, having any property or services in one's possession, custody, or control, as a (nature of custodian), to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto.]
[To exert unauthorized control [also] means, having any property or services in one's possession, custody, or control as partner, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto, where such use is unauthorized by the partnership agreement.]
NOTE ON USE
Use bracketed material as applicable.
Use the first bracketed paragraph to define the words “wrongfully obtains” under RCW 9A.56.010(22)(a).
Use the second bracketed paragraph to define the words “exerts unauthorized control” under RCW 9A.56.010(22)(b). Fill in the nature of the custodian of the property from the list set forth in RCW 9A.56.010: bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, officer of any person, estate, association or corporation, public officer, person authorized by agreement or competent authority to take or hold such possession, custody, or control.
Use the third bracketed paragraph to define the words “exerts unauthorized control” under RCW 9A.56.010(22)(c).
COMMENT
RCW 9A.56.010(22).
This instruction modifies the statutory language by adding the word “wrongfully” after the word “take.”
The “exerts unauthorized control” alternative definition of theft includes what was embezzlement under prior law. State v. Joy, 121 Wn.2d 333, 339, 851 P.2d 654 (1993).
For a discussion of the statutory phrase “property of another,” see the Comment to WPIC 70.02 (Theft—First Degree—Value of Property—Elements).
[Current as of January 2019.]
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