WPIC 126.01 Criminal Mischief—Definition
11A WAPRAC WPIC 126.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 126.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 126. Public Disturbance
WPIC 126.01 Criminal Mischief—Definition
A person commits the crime of criminal mischief when, acting with three or more persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property [and is armed with a deadly weapon].
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 the bracketed phrase in a felony case.
Use WPIC 10.02 (Knowledge—Knowingly—Definition) with this instruction. In a felony case in which a deadly weapon is an element, use WPIC 2.06 (Deadly Weapon—Definition as Element—Firearm or Explosive) (or the related instruction, WPIC 2.06.01 (Deadly Weapon—Definition as Element—Weapons Other than Firearms or Explosives)).
If the prosecutor is seeking an enhanced penalty under RCW 9.94A.125 and 9.94A.310, that matter is separate and in addition to the felony element of being armed with a deadly weapon. In that event, use WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements), WPIC 190.01 (Special Verdict Form—Deadly Weapon) (or the related instruction, WPIC 190.02 (Special Verdict Form—Firearm)), and WPIC 2.07 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—General) (or the related instructions WPIC 2.07.01 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Knife) or 2.07.02 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Firearm)) with this instruction.
COMMENT
RCW 9A.84.010. In 2013, the Legislature changed the name of the crime from riot to criminal mischief. Laws of 2013, Chapter 20, § 1 (effective January 1, 2014).
See Comment to WPIC 126.02 (Criminal Mischief—Felony—Elements).
[Current as of September 2019.]
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