WPIC 48.23 Promoting Commercial Sexual Abuse of a Minor—Elements
11 WAPRAC WPIC 48.23Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.23 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.23 Promoting Commercial Sexual Abuse of a Minor—Elements
To convict the defendant of the crime of promoting commercial sexual abuse of a minor, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That [on or about (date)] [during a period of time between (date) and (date)], the defendant knowingly:
[(a)] [advanced [commercial sexual abuse] [or] [a sexually explicit act] of (name of person)] [or]
[(b)] [profited from (name of person) who was engaged in [sexual conduct] [or] [a sexually explicit act]];
(2) That (name of person) was less than eighteen years old; 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 the 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 any one of the three elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
The instruction is drafted for cases in which the jury needs to be instructed using both 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).
With this instruction use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 48.25 (Advances Commercial Sexual Abuse of a Minor—Definition), WPIC 48.28 (Profits from Commercial Sexual Abuse of a Minor—Definition), WPIC 48.20 (Commercial Sexual Abuse of a Minor—Definition), WPIC 48.12 (Sexual Conduct—Definition), and WPIC 47.09 (Minor—Definition), as applicable.
The instruction will need to be modified for any case in which the victim has not been named.
COMMENT
RCW 9.68A.101.
Consent of a minor to sexual conduct does not constitute a defense to promoting commercial sexual abuse of a minor.
The specific intent element of attempted promotion of commercial sexual abuse of a minor requires only that the defendant believed the intended victim was a minor. State v. Johnson, 173 Wn.2d 895, 909, 270 P.3d 591 (2012).
[Current as of December 2019.]
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