WPIC 115.22 Trading in Public Office—Requesting—Elements
11A WAPRAC WPIC 115.22Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.22 (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 115.22 Trading in Public Office—Requesting—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 requested, accepted, or agreed to accept a pecuniary benefit from another person;
(2) That the defendant was a public servant;
(3) That the defendant acted or agreed to act pursuant to an agreement or understanding that such other person would or might be appointed to a public office; 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 requesting to trade in public office. For cases of trading in public office by offering, use WPIC 115.21 (Trading in Public Office—Offering—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 (4), 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)(b).
[Current as of September 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |