WPIC 48.26 Sexually Explicit Act—Definition
11 WAPRAC WPIC 48.26Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 48.26 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part VII. Sex Crimes
WPIC CHAPTER 48. Prostitution
WPIC 48.26 Sexually Explicit Act—Definition
A “sexually explicit act” is a
[public] [private] [or] [live] [[photographed] [recorded] [videotaped] [act] [or] [show]]
intended to [[arouse] [or] [satisfy] the sexual desires] [or] [appeal to the prurient interest] of patrons and
for which anything of value is [given] [or] [received].
NOTE ON USE
Use the instruction for crimes committed on or after June 7, 2012. Use with WPIC 48.27 (Patron—Definition).
COMMENT
RCW 9.68A.101(3)(c).
The pattern instruction is split into multiple lines to make it easier for practitioners to grasp the main components of the definition — an act, an intent, and value. Once the instruction is adapted to the facts of a particular case, and the brackets and unnecessary language are removed, the instruction will be simpler and likely will not need to be separated into multiple lines.
The statute was revised effective July 23, 2017, to use the word “anything” in place of “something” in the last line. The instruction has been revised to reflect that change.
For a discussion of the word “prurient” under a similar statute, see the Comment to WPIC 39.58 (Human Trafficking—Sexually Explicit Act—Definition).
[Current as of March 2020.]
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