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WPIC 110.03 Criminal Conspiracy—Substantial Step—Definition

11A WAPRAC WPIC 110.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 110.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part XII. Anticipatory Offenses
WPIC CHAPTER 110. Conspiracy
WPIC 110.03 Criminal Conspiracy—Substantial Step—Definition
A substantial step is conduct of the defendant that strongly indicates a criminal purpose.
NOTE ON USE
Use this instruction with WPIC 110.01 (Criminal Conspiracy—Definition) and WPIC 110.02 (Criminal Conspiracy—Elements).
Do not use this instruction when the defendant is charged under the attempt statute.
COMMENT
In State v. Dent, 123 Wn.2d 467, 869 P.2d 392 (1994), the court discussed the definition of the term “substantial step” in a criminal conspiracy prosecution pursuant to RCW 9A.28.040(1). The trial court instructed the jury that a “substantial step” is “conduct which strongly indicates a criminal purpose.” The defendants appealed, arguing that the trial court should have defined substantial step as “conduct which strongly indicates a criminal purpose and which is more than mere preparation,” pursuant to WPIC 100.05. The Supreme Court affirmed, holding that the conspiracy statute requires a lesser overt act than does the attempt statute, and that the trial court properly refused to instruct the jury that the “substantial step” element of a conspiracy requires more than mere preparation. State v. Dent, 123 Wn.2d at 473–77.
See also State v. Smith, 80 Wn.App. 462, 909 P.2d 1335 (1996) (mere preparation is not enough to establish a substantial step for purposes of attempt, but it is sufficient for purposes of conspiracy), reversed on other grounds, 131 Wn.2d 258, 930 P.2d 917 (1997).
[Current as of May 2018.]
End of Document