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WPIC 118.06 Perjury—Second Degree—Elements

11A WAPRAC WPIC 118.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 118.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 118. Perjury or False Swearing
WPIC 118.06 Perjury—Second Degree—Elements
To convict the defendant of the crime of perjury in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant made a false statement;
(2) That the defendant knew the statement was false;
(3) That the statement was material;
(4) That the statement was made [with intent to mislead a public servant in the performance of his or her duty] [or] [in an examination under oath under the terms of a contract of insurance];
(5) That the statement was made under an oath required or authorized by law; and
(6) That this act 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
With this instruction, use WPIC 118.12 (Perjury or False Swearing—Requirements of Proof), WPIC 118.15 (Oath—Definition), WPIC 118.17 (Material Statement—Definition), and WPIC 10.02 (Knowledge—Knowingly—Definition). Also use, as applicable, WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 2.22 (Public Servant—Definition).
If retraction is involved, see WPIC 118.20 (Perjury and False Swearing—Retraction).
For a discussion of the phrase “this act” in element (6), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.72.030.
RCW 9A.72.070 sets forth certain irregularities that do not constitute a defense to perjury. No pattern instruction is proposed. An instruction can usually be drafted in the language of the statute.
For a general discussion of the crime of perjury, see the Comment to WPIC 118.02 (Perjury—First Degree—Elements).
For a discussion of the requirements of proof in a perjury or false swearing case, see the Comment to WPIC 118.12 (Perjury or False Swearing—Requirements of Proof).
Materiality is an element of perjury, but knowledge of materiality is not. In re Pearsall-Stipek, 141 Wn.2d 756, 777–78, 10 P.3d 1034 (2000).
[Current as of December 2019.]
End of Document