WPIC 120.13 Rendering Criminal Assistance—Third Degree—Elements
11A WAPRAC WPIC 120.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 120.13 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 120. Obstructing Governmental Operation
WPIC 120.13 Rendering Criminal Assistance—Third Degree—Elements
To convict the defendant of the crime of rendering criminal assistance in the third degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant rendered criminal assistance to a person;
(2) That the person had committed (fill in the blank with the applicable charge from the information);
(3) That the defendant knew that the person had committed (fill in the blank with the applicable charge from the information); and
(4) That any of the defendant's acts occurred in the [State of Washington] [City of ] [County of ].
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
Fill in the blank line with the misdemeanor or gross misdemeanor that is charged in the information. 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).
With this instruction use WPIC 120.16 (“Renders Criminal Assistance”—Definition of Term) and WPIC 10.02 (Knowledge—Knowingly—Definition).
COMMENT
RCW 9A.76.090.
For a discussion of the defendant's knowledge of the principal's crime, see the Comment to WPIC 120.11 (Rendering Criminal Assistance—First Degree—Elements).
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).
[Current as of September 2019.]
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