WPIC 115.16 Receiving Unlawful Compensation—Elements
11A WAPRAC WPIC 115.16Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.16 (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 115.16 Receiving Unlawful Compensation—Elements
To convict the defendant of the crime of receiving unlawful compensation, 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 compensation for advice or other assistance in preparing a [bill] [contract] [claim] [transaction];
(2) That the defendant was a public servant;
(3) That the defendant knew [he] [she] was likely to have an official discretion to exercise with respect to the 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 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 receiving unlawful compensation. For cases of granting unlawful compensation, use WPIC 115.17 (Granting Unlawful Compensation—Elements) instead of this instruction.
Use bracketed material as applicable. With this instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 2.11 (Government—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.68.030(1)(a).
[Current as of September 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |