WPIC 36.85 Cyberstalking—Felony—Threat to Kill—Elements
11 WAPRAC WPIC 36.85Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.85 (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 36.85 Cyberstalking—Felony—Threat to Kill—Elements
To convict the defendant of the crime of [felony] cyberstalking, each of the following elements must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant made an electronic communication to another person;
(2) That at the time the defendant made the electronic communication the defendant intended to harass, intimidate, torment, or embarrass any other person;
(3) That the defendant threatened to kill
[the person [called] [or] [to whom the electronic communication was made]]
[or]
[any member of the family or household of the person [called] [or] [to whom the electronic communication was made]]; and
(3) That the electronic communication was made or received 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 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
Use bracketed material as applicable.
Use this instruction if defendant is charged with cyberstalking as a felony based on a threat to kill. If the defendant is instead charged with the felony level of the crime based on a previous conviction, use WPIC 36.84 rather than this instruction.
Use the bracketed word “felony” only if the jury is also being instructed on the gross misdemeanor form of cyberstalking (see the Comments to WPIC 36.81 (Cyberstalking—Gross Misdemeanor—Definition) and WPIC 36.82 (Cyberstalking—Gross Misdemeanor—Elements)).
Use with WPIC 10.01 (Intent—Intentionally—Definition), WPIC 36.86 (Electronic Communication—Definition), and WPIC 2.24 (Threat—Definition).
COMMENT
RCW 9.61.260(1) and (3).
Intent, “true threats,” and jurisdiction. For discussions of these subjects, see the Comments to WPIC 36.82 (Cyberstalking—Gross Misdemeanor—Elements) and WPIC 2.24 (Threat—Definition).
Structure of instruction. If the defendant is charged with “felony” cyberstalking based on both making threats to kill and on the basis of prior convictions, then use WPIC 36.84 (Cyberstalking—Felony—Previous Conviction—Elements).
Title of crime. For a discussion of the title of the crime, see the Comment to WPIC 36.84 (Cyberstalking—Felony—Previous Conviction—Elements).
[Current as of April 2020.]
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