WPIC 85.12 Malicious Mischief—Common Scheme or Plan
11A WAPRAC WPIC 85.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 85.12 (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 85.12 Malicious Mischief—Common Scheme or Plan
If more than one item of property is physically damaged as a result of a common scheme or plan, then the sum of the value of all physical damages shall be the value considered in determining the [degree of malicious mischief involved] [amount of physical damage].
NOTE ON USE
Use this instruction when a common scheme or plan is alleged for the purpose of aggregating damages in a malicious mischief case. Include the existence of a common scheme or plan as one of the elements in the elements instruction. Use the bracketed material relating to the degree of the crime only if more than one degree of the crime is being submitted to the jury because of a dispute over value or amount of damage.
COMMENT
RCW 9A.48.100.
The statute refers only to third degree malicious mischief. However, the common law rule that allows aggregation in theft cases may allow aggregation of damages that would separately amount to second degree malicious mischief. See the Comment to WPIC 79.20 (Value—Definition) and State v. Barton, 28 Wn.App. 690, 626 P.2d 509 (1981).
[Current as of May 2019.]
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