WPIC 77.32 Trafficking in Stolen Property—First Degree—Knowingly Trafficking in Stolen Property...
11A WAPRAC WPIC 77.32Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 77.32 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 77. Possessing Stolen Property
WPIC 77.32 Trafficking in Stolen Property—First Degree—Knowingly Trafficking in Stolen Property—Elements
To convict the defendant of the crime of trafficking in stolen property in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly trafficked in stolen property;
(2) That the defendant knew the property was stolen; and
(3) That this act occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if after weighing all of the evidence you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
The instruction sets forth the elements of the offense of first degree trafficking in stolen property if the defendant is charged with only the second of the two alternative means in RCW 9A.82.050(1); knowingly trafficking in stolen property.
If instead a defendant is charged with both of the alternative means, then WPIC 77.31 (Trafficking in Stolen Property—First Degree—Both Alternative Means—Elements) should be used instead of this instruction. If a defendant is charged with only the first of the two alternative means, then element (1) above will need to be revised to use the applicable language from the statute.
With the instruction, use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 2.21 (Property—Definition), WPIC 79.08 (Stolen—Definition), and WPIC 77.35 (Trafficking in Stolen Property—Traffic—Definition).
COMMENT
RCW 9A.82.050.
For a discussion of related issues, including the knowledge requirement in elements (1) and (2), see the Comment to WPIC 77.31 (Trafficking in Stolen Property—First Degree—Both Alternative Means—Elements).
[Current as of January 2019.]
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