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WPIC 120.30 Escape—Second Degree—Definition

11A WAPRAC WPIC 120.30Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 120.30 (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 120. Obstructing Governmental Operation

WPIC 120.30 Escape—Second Degree—Definition

A person commits the crime of escape in the second degree when

[he or she knowingly escapes from a detention facility] [or]

[having been charged with [(name of felony)] [a felony] [or] [the juvenile offense of (name of offense)] [a juvenile offense that is the equivalent of a felony], he or she knowingly escapes from custody] [or]

[having been acquitted by reason of insanity of a [sex] [violent] [felony harassment] offense, and being under an order of conditional release, he or she knowingly leaves or remains absent from the state without prior court authorization].

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 the Crime—Form).

Use bracketed material as applicable.

With this instruction, use as applicable WPIC 120.50 (Custody—Definition), WPIC 120.51 (Detention Facility—Definition), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 2.09 (Felony—Designation of).

If the bracketed phrase relating to a felony is being used along with WPIC 2.09 (Felony—Designation of), it will not be necessary to define that felony by telling the jury what elements are necessary to constitute that crime, because the evidence will relate to a charge of a felony rather than the commission of a felony.

Do not use this instruction if the defendant was committed as a sexually violent predator.