WPIC 85.05 Malicious Mischief—Second Degree—Definition
11A WAPRAC WPIC 85.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 85.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part X. Arson and Related Crimes
WPIC CHAPTER 85. Malicious Mischief
WPIC 85.05 Malicious Mischief—Second Degree—Definition
A person commits the crime of malicious mischief in the second degree when he or she knowingly and maliciously [causes physical damage to the property of another in an amount exceeding $750] [or] [creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication] [or] [creates a substantial risk of interruption or impairment of service rendered to the public by, without lawful authority, physically damaging or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing or tampering with the contents of an official ballot box, without lawful authority].
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 10.02 (Knowledge—Knowingly—Definition) and WPIC 2.13 (Malice—Maliciously—Definition). Also use, as applicable, WPIC 88.02 (Damages—Arson, Reckless Burning, and Malicious Mischief—Definition) and WPIC 88.03 (Physical Damage—Malicious Mischief—Definition).
COMMENT
RCW 9A.48.080, as amended in 2017. The amendment added: “[creating] a substantial risk of interruption or impairment of service rendered to the public by, without lawful authority, physically damaging or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing or tampering with the contents” of an official ballot box, without lawful authority, to the definition of second degree malicious mischief. See Laws of 2017, Chapter 283, § 2 (effective July 23, 2017).
See the Comment to WPIC 85.06 (Malicious Mischief—Second Degree—Elements).
[Current as of May 2019.]
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