WPIC 83.06 Reckless Burning—Second Degree—Elements
11A WAPRAC WPIC 83.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 83.06 (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 83.06 Reckless Burning—Second Degree—Elements
To convict the defendant of the crime of reckless burning in the second 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] [either on his or her property or that of another];
(2) That the [fire] [or] [explosion] placed (fill in item) in danger of destruction or damage;
(3) That the defendant knowingly caused the [fire] [or] [explosion];
(4) That the defendant recklessly caused the danger of destruction or damage; and
(5) 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
Use bracketed material as applicable. Insert in the blank in element (2) the specific item from RCW 9A.48.050 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). In element (5), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
COMMENT
RCW 9A.48.050.
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).
RCW 9A.48.060 establishes a defense to a charge of reckless burning in the second 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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