WPIC 120.31 Escape—Second Degree—Elements
11A WAPRAC WPIC 120.31Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 120.31 (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 120.31 Escape—Second Degree—Elements
To convict the defendant of the crime of escape 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 [escaped 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], escaped from custody] [or] [having been acquitted by reason of insanity of (name of offense) and being under an order of conditional release, left or remained absent from the State of Washington without prior court authorization];
(2) That the defendant knew that [his] [her] actions would result in leaving [or] [remaining absent from] [confinement] [the State of Washington] without authorization; and
(3) 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 as applicable WPIC 120.50 (Custody—Definition), WPIC 120.51 (Detention Facility—Definition), and WPIC 10.02 (Knowledge—Knowingly—Definition).
Use bracketed material as applicable. If the bracketed phrase relating to a felony is used, 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.
For a discussion of the phrase “this act” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form). Element (3) may need to be altered if the defendant is charged with remaining outside the state without authorization.
COMMENT
RCW 9A.76.120.
For a general discussion of the 2001 amendments to the escape statutes, see the Comment to WPIC 120.26 (Escape—First Degree—Elements) (addressing the amendments for first degree escape, which largely mirror those that were made for second degree escape).
The 2001 legislation also eliminated the portion of the second degree escape statute relating to sexually violent predators. A new crime, escape by a sexually violent predator, was adopted. See RCW 9A.76.115.
To escape for purposes of RCW 9A.76.120, one need not run or flee from custody, one need only be where he or she is not supposed to be or fail to be where he or she is supposed to be. State v. Kent, 62 Wn.App. 458, 814 P.2d 1195 (1991). A person may be properly charged with second degree escape even though the alleged escape occurred after the order of confinement had expired. State v. Peters, 35 Wn.App. 427, 667 P.2d 136 (1983).
[Current as of September 2019.]
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