WPIC 36.83 Cyberstalking—Felony—Definition
11 WAPRAC WPIC 36.83Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.83 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.83 Cyberstalking—Felony—Definition
A person commits the crime of [felony] cyberstalking when, with intent to [harass] [or] [intimidate] [or] [torment] [or] [embarrass] another, he or she makes an electronic communication
[using lewd, lascivious, indecent, or obscene words, images, or language] [or]
[suggesting the commission of any lewd or lascivious act] [or]
[[anonymously] [or] [repeatedly], whether or not a conversation occurs] [or]
[threatening to inflict injury on the person or property of the person [called] [or] [to whom the electronic communication was made] [or] [any member of his or her family or household]]
and
[the person had previously been convicted of any crime of harassment [with the same victim] [or] [member of the victim's family or household] [or] [any person specifically named in a no-contact or no-harassment order]] [or]
[the threat was a threat to kill [the person [called] [or] [to whom the electronic communication was made] [or] [any other person.]]
NOTE ON USE
Use bracketed material as applicable.
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).
The instruction applies only if the defendant is charged with cyberstalking at the felony level. See WPIC 36.84 (Cyberstalking—Felony—Previous Conviction—Elements) and WPIC 36.85 (Cyberstalking—Felony—Threat to Kill—Elements). Use the bracketed word “felony” only if the jury is also being instructed on the gross misdemeanor form of cyberstalking (see Comments to WPIC 36.81 (Cyberstalking—Gross Misdemeanor—Definition) and WPIC 36.82 (Cyberstalking—Gross Misdemeanor—Elements)).
Use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 36.86 (Electronic Communication—Definition) with this instruction. If the defendant is charged with making a threatening electronic communication, then WPIC 2.24 (Threat—Definition), must also be given.
COMMENT
RCW 9.61.260(1) and (3).
See the Comment for WPIC 36.84 (Cyberstalking—Felony—Previous Conviction—Elements).
[Current as of April 2020.]
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