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WPIC 49C.05 Requirements of Sex and Kidnapping Offender Registration Under RCW 9A.44.130—Defini...

11 WAPRAC WPIC 49C.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49C.05 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part VII. Sex Crimes

WPIC CHAPTER 49C. Failure to Register as a Sex or Kidnapping Offender for Crimes on or After July 22, 2011

WPIC 49C.05 Requirements of Sex and Kidnapping Offender Registration Under RCW 9A.44.130—Definition

A person who is required to register as a [sex] [kidnapping] offender must comply with certain requirements of registration, including the following:

(1) [the requirement that the defendant register with the county sheriff for the defendant's county of residence] (RCW 9A.44.130(1)(a))

(2) [the requirement that the defendant, who is not a resident of Washington, register with the county sheriff of the county where the defendant's school, place of employment, or place of vocation is located] (RCW 9A.44.130(1)(a))

(3) [the requirement that the defendant, who was in custody for a [sex] [kidnapping] offense, register [at the time of release from custody] [at the time of transfer to partial confinement] with an official designated by the agency that has jurisdiction over the defendant] (RCW 9A.44.130(1)(a), RCW 9A.44.130(4)(a)(i))

(4) [the requirement that the defendant give notice to the sheriff for the county with whom the defendant is registered within three business days [prior to arriving at a school to attend classes] [prior to arriving at an institution of higher education to attend classes] [prior to starting work at an institution of higher education] [or] [after any termination of enrollment or employment at a school or institution of higher education]] (RCW 9A.44.130(1)(b))

(5) [the requirement that the defendant provide the following information when registering: name; any aliases used; complete and accurate residential address [, or if the defendant lacks a fixed residence, where the defendant plans to stay]; date and place of birth; place of employment; crime for which convicted; date and place of conviction; social security number; photograph; and fingerprints] (RCW 9A.44.130(2)(a))

(6) [the requirement that, in conjunction with an address verification by the county sheriff, the defendant update the following information: name; any aliases used; residential address [, or if the defendant lacks a fixed residence, where the defendant plans to stay]; date and place of birth; place of employment; crime for which convicted; date and place of conviction; social security number; photograph; and fingerprints] (RCW 9A.44.130(2)(b))

(7) [the requirement that the defendant, who was in custody for a [sex] [kidnapping] offense, register with the county sheriff for the county of residence within three business days of release from a facility operated by the state department of corrections, a facility operated by the state department of social and health services, a facility operated by a local division of youth services, a local jail, or a local juvenile detention facility] (RCW 9A.44.130(4)(a)(i))

(8) [the requirement that the defendant, who was in custody for a [sex] [kidnapping] offense and who is not a resident of Washington, register with the county sheriff for the county of the defendant's school, or place of employment or vocation within three business days of release from a facility operated by the state department of corrections, a facility operated by the state department of social and health services, a facility operated by local division of youth services, a local jail, or a local juvenile detention facility] (RCW 9A.44.130(4)(a)(i))

(9) [the requirement that the defendant, who was in custody for a [sex] [kidnapping] offense, register with the county sheriff for defendant's county of residence within three business days of release from a facility operated by the United States Bureau of Prisons or operated by another federal or military correctional agency] (RCW 9A.44.130(4)(a)(ii))

(10) [the requirement that the defendant, who is not a resident of Washington, register with the county sheriff for the county of the defendant's school, or place of employment or vocation within three business days of release from a facility operated by the United States Bureau of Prisons or operated by another federal or military correctional agency] (RCW 9A.44.130(4)(a)(ii))

(11) [the requirement that the defendant register with the county sheriff within three business days of being sentenced for a [sex] [kidnapping] offense] (RCW 9A.44.130(4)(a)(iii))

(12) [the requirement that the defendant, upon moving to Washington, register with the county sheriff within three business days of establishing residence or reestablishing residence if the person is a former Washington resident] (RCW 9A.44.130(4)(a)(iv))

(13) [the requirement that the defendant, intending to travel outside the United States, provide written notice of details of travel plans to the sheriff of the county where the person is registered. This notice must be provided at least 21 days before travel outside of the United States. It must be provided in person or sent by certified mail with return receipt requested] (RCW 9A.44.130(3))

(14) [the requirement that the defendant, having been in the custody of the state department of social and health services as a result of a finding of not guilty by reason of insanity, register with the sheriff for the county of the defendant's residence within three business days of [release from a department of social and health services facility] [receiving notice of the registration requirements]] (RCW 9A.44.130(4)(a)(v))

(15) [the requirement that the defendant, lacking a fixed residence, and registered with the county sheriff of a county, upon entering and remaining in a new county for twenty-four hours, register with the county sheriff of the new county not more than three business days after entering the new county] (RCW 9A.44.130(4)(a)(vi))

(16) [the requirement that the defendant, lacking a fixed residence and under the supervision of the department of corrections, register with the county sheriff of the county of the defendant's supervision] (RCW 9A.44.130(4)(a)(vii))

(17) [the requirement that the defendant send written notice to the county sheriff with whom the defendant last registered in Washington within three business days of [establishing a residence in a new state] [beginning to work in a new state] [carrying on a vocation in a new state] [attending school in a new state]] (RCW 9A.44.130(4)(a)(viii))

(18) [the requirement that the defendant provide, in person or by certified mail with return receipt requested, signed written notice of a change of address to the county sheriff within three business days of moving to a new residence within the same county] (RCW 9A.44.130(5)(a))

(19) [the requirement that the defendant, upon moving to a new county, register within three business days of moving with the county sheriff of the new county of residence] (RCW 9A.44.130(5)(b))

(20) [the requirement that the defendant, upon moving to a new county, provide in person or by certified mail with return receipt requested, signed written notice within three business days of the change of address to the county sheriff with whom the defendant last registered] (RCW 9A.44.130(5)(b))

(21) [the requirement that the defendant, who had a fixed residence but later lacked one, provide signed written notice to the sheriff of the county where the defendant last registered within three business days after ceasing to have a fixed residence] (RCW 9A.44.130(6)(a))

(22) [the requirement that the defendant, lacking a fixed residence, report weekly on a day specified by the county sheriff's office and during normal business hours, in person, to the sheriff of the county where the defendant is registered] (RCW 9A.44.130(6)(b))

(23) [the requirement that the defendant, lacking a fixed residence, comply with a request from the county sheriff for an accurate accounting of where the defendant stayed during the week] (RCW 9A.44.130(6)(b))

(24) [the requirement that the defendant, having applied to change his or her name, submit a copy of the application to change his or her name to the county sheriff of the county of the defendant's residence and to the Washington state patrol not fewer than five days before the entry of an order granting the name change] (RCW 9A.44.130(7))

(25) [the requirement that the defendant submit a copy of any order changing the defendant's name to the county sheriff of the county of the person's residence and to the Washington state patrol within three business days of the entry of the order] (RCW 9A.44.130(7))

(26) [the requirement that the defendant provide signed written notice of [his] [her] change of address to the county sheriff within three business days of moving from the registered address] (See Comment.)

(27) [the requirement that the defendant, who is visiting Washington state and intends to reside or be present in the state for ten days or more, register [his] [her] temporary address or where [he] [she] plans to stay with the county sheriff of each county where the offender will be staying. This registration must be made within three business days of arrival]. (RCW 9A.44.130(4)(a)(iv))

NOTE ON USE

Use this instruction with WPIC 49C.02 (Failure to Register as Sex or Kidnapping Offender—Elements), when there are multiple registration requirements at issue. If only a single requirement is at issue, then incorporate the applicable requirement directly into the to-convict instruction instead of using this instruction.

The statutory citation at the end of each numbered registration requirement is included exclusively for ease of reference, and should not be included in the instruction given to the jury.

As necessary, use WPIC 49C.10 (Sex Offense—Definition), WPIC 49C.11 (Kidnapping Offense—Definition), WPIC 49C.12 (Conviction—Definition), WPIC 49C.13 (Residence—Definition), and WPIC 49C.15 (Business Day—Definition).

Use the bracketed material as applicable.

Revise this instruction based on the facts of the case, when doing so will aid in juror understanding or simplify the instruction. If necessary, revise this instruction in conformance with any “Old Chief” stipulation.

See the Comment for additional information about paragraphs (22) and (26).

When the charge is based on a person's failure to register within three business days of receiving actual notice of the duty to register by way of arrest, service, or arraignment on charges of failing to register, as set forth in RCW 9A.44.130(3)(c), use WPIC 49C.06 (Failure to Register—Notice). See the Comment for additional information.

COMMENT

RCW 9A.44.130. The statute sets forth the various circumstances that create an obligation for a sex or kidnapping offender to register within a certain period of time. The WPI Committee has reorganized the statutory registration requirements so that each is separated into its own bracketed clause in the instruction.

Practitioners may need to modify the statutory language to fit the facts of a particular case. In State v. Peterson, 168 Wn.2d 763, 767, 230 P.3d 588 (2010), the jury was not instructed with a list of the requirements that the defendant had allegedly violated. Rather, the jury was instructed more generally that the requirement at issue was whether the defendant had “provide[d] written notice to the county sheriff within 72 hours after ceasing to reside” at his previous residence. The defendant argued that the instruction was erroneous because the State had a duty to prove which particular statutory deadline was violated, and thus had to prove the defendant's residential status, inasmuch as residential status determines the applicable deadline. The Supreme Court rejected the defendant's argument, pointing out that:

[The defendant] registered outside of any deadline contained in the statute. It was therefore unnecessary to show his particular residential status in order to prove a violation of the statute.

State v. Peterson, 168 Wn.2d at 772 (emphasis in original).

Paragraph (22) in the instruction has been modified to more closely track the statute to include the requirement that the defendant report during normal business hours on a day specified by the sheriff. RCW 9A.44.130(5)(b).

Paragraph (26) in the instruction combines several of the earlier paragraphs into a single provision that can be used for the common circumstances when a defendant has changed residences. Paragraph (26) combines paragraphs (19), (20), (23), and (24). This approach is supported by State v. Peterson, 168 Wn.2d 763, 230 P.3d 588 (2010), in which the trial court similarly combined several statutory requirements into a single provision.

Paragraph (13) has been added because of the amendment to RCW 9A.44.130 (3) adding requirements to register before undertaking international travel.

Lack of notice of the duty to register as a sex or kidnapping offender is a defense to the charge. RCW 9A.44.130(4)(c).

[Current as of December 2018.]

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