WPIC 115.50 Intimidating a Witness—Definition
11A WAPRAC WPIC 115.50Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.50 (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 115.50 Intimidating a Witness—Definition
A person commits the crime of intimidating a witness when he or she
[directs a threat to a former witness because of the witness's role in any official proceeding] [or]
[by use of a threat against a current or prospective witness attempts to
[influence the testimony of that person] [or]
[induce that person to elude legal process summoning him or her to testify] [or]
[induce that person to absent himself or herself from an official proceeding] [or]
[induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child] [or]
[induce that person not to have the crime or the abuse or neglect of a minor child prosecuted] [or]
[induce that person not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child]].
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of Crime—Form).
Use bracketed material as applicable.
With this instruction, use WPIC 115.52 (Intimidating a Witness—Threat—Definition). Also use as applicable, WPIC 115.53 (Intimidating a Witness—Current or Prospective Witness—Definition) and WPIC 115.54 (Intimidating a Witness—Former Witness—Definition).
COMMENT
RCW 9A.72.110(1) and (2).
To commit this offense, the defendant must communicate a threat to someone. State v. Ozuna, 184 Wn.2d 238, 359 P.3d 739 (2015). The court held that a threat uttered or written in private, and not communicated to either the victim or a third-party, was not a violation of the statute.
[Current as of September 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
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