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WPIC 83.02 Reckless Burning—First Degree—Elements

11A WAPRAC WPIC 83.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 83.02 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part X. Arson and Related Crimes

WPIC CHAPTER 83. Reckless Burning

WPIC 83.02 Reckless Burning—First Degree—Elements

To convict the defendant of the crime of reckless burning in the first degree, each of the following five elements of the crime must be proved beyond a reasonable doubt:

(1) That on or about (date), the defendant caused [a fire] [or] [an explosion];

(2) That the [fire] [or] [explosion] damaged (fill in item);

(3) That the defendant knowingly caused the [fire] [or] [explosion];

(4) That the defendant recklessly caused the damage; and

(5) 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 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

Use bracketed material as applicable. Insert in the blank in element (2) the specific item from RCW 9A.48.040 that is appropriate to the particular case.

With this instruction, use WPIC 10.03 (Recklessness—Definition), WPIC 10.02 (Knowledge—Knowingly—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).

If the statutory defense is in issue, use WPIC 19.05 (Reckless Burning—Defense) with this instruction.

For a discussion of the phrase “this act” in element (5), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).

COMMENT

RCW 9A.48.040.

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).

WPIC 83.02 is cited with approval in State v. Hall, 22 Wn.App. 862, 593 P.2d 554 (1979).

RCW 9A.48.060 establishes a defense to a charge of reckless burning in the first degree if no person other than the defendant had a pecuniary interest in the damaged property and the defendant's sole intent was to destroy the property for a lawful purpose. The burden is on the defendant to establish this defense by a preponderance of the evidence. See the Comment to WPIC 19.05 (Reckless Burning—Defense) for a more detailed discussion.

[Current as of May 2019.]

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