WPIC 115.31 Bribing a Witness—Elements
11A WAPRAC WPIC 115.31Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.31 (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 115.31 Bribing a Witness—Elements
To convict the defendant of the crime of bribing a witness, 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 benefit [upon [a witness] [or] [a person [he] [she] had reason to believe was about to be called as a witness] in any official proceeding] [or] [upon a person whom [he] [she] had reason to believe might have information relevant to a criminal investigation [or the abuse or neglect of a minor child]];
(2) That the defendant acted with the intent to [influence the testimony of that person] [or] [induce that person to avoid legal process summoning [him] [her] to testify] [or] [induce that person to absent [himself] [herself] from an official proceeding to which [he] [she] had been legally summoned] [or] [induce that person to refrain from reporting information relevant to [a criminal investigation] [or] [the abuse or neglect of a minor child]]; 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 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 bracketed material as applicable. With this instruction, use WPIC 2.02 (Benefit—Definition) and WPIC 10.01 (Intent—Intentionally—Definition). WPIC 118.16 (Official Proceeding—Definition) may also be used as applicable.
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.72.090(1).
The prosecution does not violate the statute by offering leniency to witnesses in exchange for truthful testimony. Sarausad v. State, 109 Wn.App. 824, 39 P.3d 308 (2001), conviction vacated on other grounds, Sarausad v. Porter, 479 F.3d 671 (9th Cir. 2007), modified en banc, 503 F.3d 822 (9th Cir. 2007), conviction affirmed, Waddington v. Sarausad, 555 U.S. 179, 129 S.Ct. 823, 172 L.Ed. 532 (2009); In re Howerton, 109 Wn.App. 494, 36 P.3d 565 (2001).
[Current as of September 2019.]
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