WPIC 49C.11 Kidnapping Offense—Definition
11 WAPRAC WPIC 49C.11Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49C.11 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
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.11 Kidnapping Offense—Definition
(Fill in name of kidnapping offense from RCW 9A.44.128) is a [federal] [tribal] [out of state] kidnapping offense.
(Name of crime) is a [Class [A] [B] [C] felony] [gross misdemeanor].
NOTE ON USE
Use this instruction to advise the jury that a specific crime is a kidnapping offense under RCW 9A.44.128.
COMMENT
RCW 9A.44.128(8).
A kidnapping offense is defined in RCW 9A.44.128(8) as:
- (a) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent;
- (b) Any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection;
- (c) Any federal or out-of-state conviction for: An offense for which the person would be required to register as a kidnapping offender if residing in the state of conviction; or, if not required to register in the state of conviction, an offense that under the laws of this state would be classified as a kidnapping offense under this subsection;
- (d) Any tribal conviction for an offense for which the person would be required to register as a sex offender while residing in the reservation of conviction; or if not required to register in the reservation of conviction, an offense that under the laws of this state would be classified as a sex offense under this subsection (RCW 9A.44.128(10)(l)).
“Old Chief” stipulation. In practice, the parties often stipulate to one or more elements of this instruction. The broad rule is that the prosecuting authority need not accept a defendant's offer to stipulate; however, an exception has been created for what is often referred to as an “Old Chief” stipulation. State v. Johnson, 90 Wn.App. 54, 62, 950 P.2d 981 (1998). For a discussion of “Old Chief” stipulations, see the Comment to WPIC 4.78 (Stipulation of Prior Offense (“Old Chief Stipulation”)).
Comparability of out-of-state or foreign convictions. For a discussion of out-of-state or foreign convictions, see the Comment to WPIC 49C.10 (Sex Offense—Definition).
[Current as of December 2018.]
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