WPIC 115.52 Intimidating a Witness—Threat—Definition

As applicable, use this instruction only for cases involving a charge of intimidating a witness, either alone or in combination with WPIC 2.24 (Threat—Definition). If this instruction is used with one or more of the definitions of threat contained in WPIC 2.24 (Threat—Definition) use the bracketed term “also.”

Threat has a broader meaning in a prosecution for witness intimidation than the general definition of threat. RCW 9A.72.110(3) provides that in addition to the definitions of threat now codified in RCW 9A.04.110(28), threat in a witness intimidation case also means “[t]o communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time.” In order to avoid confusion, the WPI Committee has decided not to include this special definition in the generally applicable provisions of WPIC 2.24 (Threat—Definition) which contains the definitions set forth in RCW 9A.04.110(28).

Any of the applicable definitions in WPIC 2.24 (Threat—Definition) may also be given in a witness intimidation case. RCW 9A.72.110. For a discussion of “true threat,” see the Comments to WPIC 115.51.01 (Intimidating a Witness—Threat to Current or Prospective Witness—Elements) and WPIC 2.24 (Threat—Definition).