WPIC 83.05 Reckless Burning—Second Degree—Definition
11A WAPRAC WPIC 83.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 83.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part X. Arson and Related Crimes
WPIC CHAPTER 83. Reckless Burning
WPIC 83.05 Reckless Burning—Second Degree—Definition
A person commits the crime of reckless burning in the second degree when he or she knowingly causes a fire or explosion [whether on his or her own property or that of another] and thereby recklessly places any [building or other structure] [vehicle] [railway car] [aircraft] [watercraft] [hay] [grain] [crop] [timber, whether cut or standing] in danger of destruction or damage.
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use bracketed material as applicable. 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.
COMMENT
RCW 9A.48.050.
See the Comment to WPIC 83.06 (Reckless Burning—Second Degree—Elements).
[Current as of May 2019.]
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