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WPIC 126.03 Criminal Mischief—Gross Misdemeanor—Elements

11A WAPRAC WPIC 126.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 126.03 (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 126. Public Disturbance
WPIC 126.03 Criminal Mischief—Gross Misdemeanor—Elements
To convict the defendant of the crime of criminal mischief, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant used, threatened to use, or participated in the use of force against another person or against property;
(2) That the defendant acted knowingly and unlawfully;
(3) That the defendant was acting with three or more other persons; and
(4) That any of these 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.
Use WPIC 10.02 (Knowledge—Knowingly—Definition) with this instruction.
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).
For a discussion of the phrase “any of these acts” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
RCW 9A.84.010(2)(a). In 2013, the Legislature changed the name of the offense 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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