WPIC 115.03 Bribery—Requesting or Accepting—Elements
11A WAPRAC WPIC 115.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 115. Bribery And Corrupt Influence
WPIC 115.03 Bribery—Requesting or Accepting—Elements
To convict the defendant of the crime of bribery, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant requested, accepted, or agreed to accept any pecuniary benefit;
(2) That the defendant was a public servant;
(3) That the defendant acted or agreed to act with corrupt intent pursuant to an agreement or understanding that his or her vote, opinion, judgment, exercise of discretion, or other action as a public servant would be used to secure or attempt to secure a particular result in a particular matter; 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 of 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
Use this instruction for cases of requesting or accepting a bribe. For cases of offering or conferring a bribe, use WPIC 115.02 (Bribery—Offering or Conferring—Elements) instead of this instruction.
With this instruction, use WPIC 2.02 (Benefit—Definition), WPIC 2.11 (Government—Definition), WPIC 10.01 (Intent—Intentionally—Definition), WPIC 2.17 (Pecuniary Benefit—Definition), and WPIC 2.22 (Public Servant—Definition).
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.68.010(1)(b).
In State v. Liewer, 65 Wn.App. 641, 829 P.2d 236 (1992), the court held that RCW 9A.80.010(1) (official misconduct by a public servant) and RCW 42.20.010 (willful neglect to perform an official duty by a public officer) are not lesser included offenses of bribery.
In State v. Greco, 57 Wn.App. 196, 787 P.2d 940 (1990), the court held, based on State v. O'Neill, 103 Wn.2d 853, 700 P.2d 711 (1985), that “corrupt intent” is an implied element of RCW 9A.68.010(1)(b). For further discussion, see the Comment to WPIC 115.02 (Bribery—Offering or Conferring—Elements).
In Greco, the court rejected the argument that the statute is impermissibly vague because it fails to define “agreement or understanding.” The court found that “a person of common intelligence would conclude that ‘agreement or understanding’ as used in the statute means ‘mutual agreement.’” State v. Greco, 57 Wn.App. at 203.
[Current as of September 2019.]
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