WPIC 77.34 Trafficking in Stolen Property—Second Degree—Elements
11A WAPRAC WPIC 77.34Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 77.34 (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 77.34 Trafficking in Stolen Property—Second Degree—Elements
To convict the defendant of the crime of trafficking in stolen property in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant recklessly trafficked in stolen property with reckless disregard of whether the property was stolen; and
(2) 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
With this instruction, use WPIC 10.03 (Recklessness—Definition), WPIC 77.35 (Trafficking in Stolen Property—Traffic—Definition), WPIC 79.08 (Stolen—Definition), and WPIC 2.21 (Property—Definition).
COMMENT
RCW 9A.82.055.
The instruction includes the phrase “with reckless disregard of whether the property was stolen.” This phrase was added to the instruction as a logical extension of the recommendation in State v. Killingsworth, 166 Wn.App. 283, 269 P.3d 1064 (2012). In Killingsworth, the court recommended that the phrase “knowing that the property was stolen” be added to the statutory elements for first degree trafficking in stolen property. See discussion in the Comment to WPIC 77.31 (Trafficking in Stolen Property—First Degree—Both Alternative Means—Elements). This instruction carries the Killingsworth recommendation to the offense of trafficking in stolen property in the second degree.
[Current as of January 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |