WPIC 85.10 Malicious Mischief—Third Degree—Gross Misdemeanor—Definition
11A WAPRAC WPIC 85.10Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 85.10 (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 85.10 Malicious Mischief—Third Degree—Gross Misdemeanor—Definition
A person commits the crime of malicious mischief in the third degree when he or she
[knowingly and maliciously causes physical damage to the property of another [in an amount not exceeding $750]] [or]
[writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person, unless the person has obtained the express permission of the owner or operator of the property [, under circumstances not amounting to malicious mischief in the [first or] second degree]].
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).
For a discussion of the bracketed dollar amount, see the Comment to WPIC 85.11 (Malicious Mischief—Third Degree—Gross Misdemeanor—Elements).
If the gross misdemeanor charge is being submitted as a lesser included crime with a class C felony, then use the bracketed language about not exceeding $750 to differentiate the degrees of the crime.
With this instruction, use WPIC 2.13 (Malice—Maliciously—Definition) and WPIC 10.02 (Knowledge—Knowingly—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.48.090.
For a full discussion of the use of this instruction, see the Comment to WPIC 85.11 (Malicious Mischief—Third Degree—Elements).
[Current as of May 2019.]
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