WPIC 49C.13 Residence—Definition
11 WAPRAC WPIC 49C.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49C.13 (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.13 Residence—Definition
“Fixed residence” means a building that a person lawfully and habitually uses as living quarters a majority of the week. [“Uses as living quarters” means to conduct activities consistent with the common understanding of residing, such as sleeping; eating; keeping personal belongings; receiving mail; and paying utilities, rent, or mortgage.]
[A nonpermanent structure [[including] [but not limited to] [a motor home] [travel trailer] [camper] [or] [boat]] may qualify as a residence provided it is lawfully and habitually used as living quarters a majority of the week, primarily kept at one location with a physical address, and the location it is kept at is either owned or rented by the person or used by the person with the permission of the owner or renter.] [A shelter program may qualify as a residence provided it is a shelter program designed to provide temporary living accommodations for the homeless, provides an offender with a personally assigned living space, and the offender is permitted to store belongings in the living space.] [A personally assigned living space may be an assigned bed or guaranteed space within a common living area.]
[“Lacks a fixed residence” means the person does not have a living situation that meets the definition of a fixed residence [and includes, but is not limited to, a shelter program designed to provide temporary living accommodations for the homeless, an outdoor sleeping location, or locations where the person does not have permission to stay].]
NOTE ON USE
Use this instruction if it is necessary to define any of these terms for the jury. Use this instruction with WPIC 49C.05 (Requirements of Sex and Kidnapping Offender Registration Under RCW 9A.44.130—Definition), if applicable.
Use the bracketed language if jurors would find it helpful in understanding how the definition applies to the facts of the current case. Inclusion of terms that do not apply to the facts of the case may confuse the jury or inadvertently insert unintended issues into the case.
COMMENT
RCW 9A.44.128(5).
See State v. Batson, 194 Wn.App. 326, 377 P.3d 238 (2016), for a discussion on fixed residences under the statute.
[Current as of January 2019.]
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