WPIC 80.06 Arson—Second Degree—Elements
11A WAPRAC WPIC 80.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 80.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part X. Arson and Related Crimes
WPIC CHAPTER 80. Arson
WPIC 80.06 Arson—Second Degree—Elements
To convict the defendant of the crime of arson in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant caused a [fire] [or] [explosion];
(2) That the [fire] [or] [explosion] damaged (fill in item);
(3) That defendant acted knowingly and maliciously; 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 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. Insert in the blank in element (2) the specific item from RCW 9A.48.030 that is appropriate to the particular case.
With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 2.13 (Malice—Maliciously—Definition), and WPIC 88.02 (Damages—Arson, Reckless Burning, and Malicious Mischief—Definition). Also use, as applicable, WPIC 88.01 (Building—Arson, Reckless Burning, and Malicious Mischief—Definition) and WPIC 2.25 (Vehicle—Definition).
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.48.030.
In a prosecution for first degree arson, the Court of Appeals held, on the facts of the case, that the crimes of second degree arson and first and second degree reckless burning were not lesser included offenses. State v. Hobart, 34 Wn.App. 187, 659 P.2d 557 (1983).
See Comment to WPIC 80.02 (Arson—First Degree—Elements).
[Current as of May 2019.]
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