WPIC 120.11 Rendering Criminal Assistance—First Degree—Elements

For a discussion of the language to insert in the blank lines, see the Comment below.

With this instruction use WPIC 120.16 (“Renders Criminal Assistance”—Definition of Term) and WPIC 10.02 (Knowledge—Knowingly—Definition).

If there is an issue whether the defendant is a relative, as that term is defined in RCW 9A.76.060, then use WPIC 120.14 (Rendering Criminal Assistance—Special Verdict—Relative) and WPIC 120.15 (Rendering Criminal Assistance—Special Verdict Form). RCW 9A.76.070(2)(b).

Use bracketed material as applicable. In element (4) choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).

RCW 9A.76.070.

The particular language to be inserted in the instruction's blank lines depends on how the offense is charged. Rendering criminal assistance in the first degree can be committed if the person being assisted had committed or was being sought for murder in the first degree or any Class A felony or equivalent juvenile offense. RCW 9A.76.070. Also, the statutory definition of the term “renders criminal assistance” specifies that this term encompasses assisting a person who has escaped from a detention facility. See RCW 9A.76.050. Generally, escape from a detention facility is no higher than a Class B offense (with the possible exception of sexually violent predator escape, which uses the term “secure facility” rather than “detention facility”). Accordingly, in an escape context, rendering criminal assistance in the first degree can be committed only if the escape was from confinement on a Class A felony. If the charging document alleges both a Class A felony and an escape from detention related to that felony, then the jury instruction will need to be drafted accordingly. Note that it is important to specify the particular felony, as it determines the degree of the crime of rendering criminal assistance.

The person rendering criminal assistance must have knowledge of the principal's crime. The exact degree of that knowledge is not clear. Compare State v. Anderson, 63 Wn.App. 257, 818 P.2d 40 (1991) (defendant's conviction for rendering criminal assistance in the first degree upheld even though the defendant did not know that the principal displayed what appeared to be a firearm during a robbery), with State v. Cronin, 142 Wn.2d 568, 14 P.3d 752 (2000), and State v. Roberts, 142 Wn.2d 471, 14 P.3d 713 (2000).

More than mere false disavowal of knowledge is required to prove a defendant is guilty of rendering criminal assistance. State v. Budik, 173 Wn.2d 727, 740, 272 P.3d 816 (2011).