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WPIC 36.07.05 Harassment—Felony—Criminal Justice Participant—Elements

11 WAPRAC WPIC 36.07.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.07.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.07.05 Harassment—Felony—Criminal Justice Participant—Elements
To convict the defendant of the crime of [felony] harassment [as charged in Count ] each of the following six elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly threatened:
[(a)] [to cause bodily injury immediately or in the future to (name)] [or]
[(b)] [to cause physical damage to the property of (name)] [or]
[(c)] [to subject (name) to physical confinement or restraint] [or]
[(d)] [maliciously to do any act that was intended to substantially harm (name) with respect to [his] [her] physical health or safety];
(2) [(a)] [That (name) was a criminal justice participant who was performing his or her official duties at the time the threat was made;] [or]
[(b)] [That (name) was at the time a criminal justice participant and the threat was made because of an action taken or decision made by (name) during the performance of [his] [her] duties;]
(3) That the words or conduct of the defendant placed (name) in reasonable fear that the threat would be carried out;
(4) That the fear from the threat was a fear that a reasonable criminal justice participant would have under all the circumstances;
(5) That the defendant acted without lawful authority; and
(6) That the threat was made or received in the State of Washington.
If you find from the evidence that elements (3), (4), (5), and (6), and at least one of the alternative elements [(1)(a),] [(1)(b),] [(1)(c),] [or] [(1)(d)], and at least one of the alternative elements [(2)(a)] [or] [(2)(b)] have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty [as to Count ]. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives [(1)(a),] [(1)(b),] [(1)(c),] or [(1)(d)] and [(2)(a)] [or] [(2)(b)] has been proved beyond a reasonable doubt, as long as each juror finds that at least one of alternatives [(1)(a),] [(1)(b),] [(1)(c),] or [(1)(d)] and at least one of alternatives [(2)(a)] [or] [(2)(b)] have been proved beyond a reasonable doubt.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of the six elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use with WPIC 36.07.01 (Harassment—Felony—Definition). Use the bracketed material as applicable.
COMMENT
RCW 9A.46.020.
In 2011, the Legislature included harassment of a criminal justice participant within the definition of felony harassment.
See the discussion in the Comment to WPIC 36.07.01 (Harassment—Felony—Definition).
[Current as of April 2020.]
End of Document