WPIC 48.04.02 Promoting Prostitution—First Degree—Person with Mental Incapacity or Developmenta...
11 WAPRAC WPIC 48.04.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.04.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.04.02 Promoting Prostitution—First Degree—Person with Mental Incapacity or Developmental Disability—Elements
To convict the defendant of the crime of promoting prostitution in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly
[(a)] [advanced prostitution by compelling (name of person) to engage in prostitution] [or]
[(b)] [profited from prostitution resulting from such compulsion];
(2) That the defendant knew that (name of person) had a mental incapacity or developmental disability that rendered [him] [her] incapable of consent; and
(3) That any of these acts occurred in the State of Washington.
If you find from the evidence that elements (2) and (3), and either of alternative elements (1)(a) or (1)(b), have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives (1)(a) or (1)(b) has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to elements (1), (2), or (3), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction for promoting prostitution in the first degree based upon the person having a mental incapacity or a developmental disability.
The instruction is drafted for cases in which the jury needs to be instructed using two or more of the alternatives for element (1). Care must be taken to limit the alternatives to those that were included in the charging document and are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form).
For any case in which substantial evidence supports only one of the alternatives in element (1), revise the instruction to remove references to alternative elements, following the format set forth in WPIC 4.21 (Elements of the Crime—Form). If paragraph (1)(b) is being used without paragraph (1)(a), then a modification will be necessary to provide context for the words “such compulsion;” modified language is set forth in the Note on Use to WPIC 48.03 (Promoting Prostitution—First Degree—Definition).
Use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 48.11 (Advanced Prostitution—Profited from Prostitution—Definition) with this instruction.
COMMENT
RCW 9A.88.070(1).
The statute uses the term “incapable of consent” due to a mental incapacity or developmental disability. This language parallels that used in second degree rape, which refers to a person who “is incapable of consent by reason of being physically helpless or mentally incapacitated.” RCW 9A.44.050. For second degree rape, the phrase “incapable of consent” refers to consent for sexual activity. See RCW 9A.44.010 (defining “consent” for purposes of RCW Chapter 44); State v. Ortega-Martinez, 124 Wn.2d 702, 711–13, 881 P.2d 231 (1994) (holding that the capacity for consent for sexual activity requires not only an understanding of the mechanical acts involved but also a basic understanding of the nature and consequences of sexual activity). Given the similarity in the statutory language and context, a court would likely apply the same definition to first degree promoting prostitution.
[Current as of December 2019.]
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