WPIC 115.21 Trading in Public Office—Offering—Elements
11A WAPRAC WPIC 115.21Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.21 (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 115.21 Trading in Public Office—Offering—Elements
To convict the defendant of the crime of trading in public office, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant offered, conferred, or agreed to confer a pecuniary benefit upon a public servant;
(2) That the defendant acted or agreed to act pursuant to an agreement or understanding that the defendant would or might be appointed to a public office; and
(3) 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 offering to trade in public office. For cases of trading in public office by requesting, use WPIC 115.22 (Trading in Public Office—Requesting—Elements) instead of this instruction.
With this instruction, use WPIC 2.02 (Benefit—Definition), WPIC 2.11 (Government—Definition), WPIC 2.17 (Pecuniary Benefit—Definition), and WPIC 2.22 (Public Servant—Definition). Also use WPIC 2.14 (Officer—Public Officer—Definition) because the term public office is used.
For a discussion of the phrase “any of these acts” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.68.040(1)(a).
There are no cases that address whether the holding of State v. O'Neill, 103 Wn.2d 853, 700 P.2d 711 (1985), applies to this offense. In O'Neill, the defendant challenged the constitutionality of the bribery statute on the basis that the statute was overbroad for the reason that a person who paid money to a public servant with innocent intent could be charged with bribery under the statute. The court held that the statute was not overbroad because an implied element of corrupt intent could be read into the statute upon the assumption that the Legislature did not intend to proscribe any innocent or constitutionally protected activity. For further discussion of the O'Neill case, see State v. Greco, 57 Wn.App. 196, 787 P.2d 940 (1990), and the Comment to WPIC 115.02 (Bribery—Offering or Conferring—Elements).
[Current as of September 2019.]
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