WPIC 105.02 Criminal Solicitation—Elements
11A WAPRAC WPIC 105.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 105.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XII. Anticipatory Offenses
WPIC CHAPTER 105. Solicitation
WPIC 105.02 Criminal Solicitation—Elements
To convict the defendant of the crime of criminal solicitation, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [gave] [or] [offered to give] money [or other thing of value] to another to engage in specific conduct;
(2) That such [giving] [or] [offering] was done with the intent to promote or facilitate the commission of the crime of (fill in crime);
(3) That the specific conduct of the other person [would constitute the crime of (fill in crime)] [or] [would establish complicity of the other person in the commission or attempted commission of the crime of (fill in crime), if such crime had been attempted or committed]; and
(4) That any of these acts occurred in the State of Washington.
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 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
Fill in the crime alleged to have been solicited. An instruction must be given defining the crime alleged to have been solicited. Use the definition instruction for the crime involved.
Use bracketed material as applicable.
With this instruction, use WPIC 10.01 (Intent—Intentionally—Definition). Also use, as applicable, WPIC 100.01 (Attempt—Definition) and WPIC 10.51 (Accomplice—Definition) (to define complicity).
For a discussion of the phrase “any of these acts” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.28.030.
Criminal solicitation under RCW 9A.28.030 requires proof that the solicitor intended the crime be committed. State v. Duke, 77 Wn.App. 532, 892 P.2d 120 (1995) (citing WPIC 105.02), overruled on other grounds as recognized in State v. Ramos, 124 Wn.App. 334, 101 P.3d 872 (2004).
Solicitation is properly analyzed as an attempt to conspire. State v. Jensen, 164 Wn.2d 943, 195 P.3d 512 (2008).
For a discussion of solicitation issues, see Fine, 13A Washington Practice, Criminal Law and Sentencing section 7:6 (3d ed.).
[Current as of May 2018.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |