WPIC 77.36 Trafficking in Stolen Property—Possession—Definition
11A WAPRAC WPIC 77.36Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 77.36 (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 77.36 Trafficking in Stolen Property—Possession—Definition
Possession means having property in one's custody or control. [It may be either actual or constructive. Actual possession occurs when the property is in the actual physical custody of the person charged with trafficking. Constructive possession occurs when there is no actual physical possession but there is dominion and control over the property.]
[Proximity alone without proof of dominion and control is insufficient to establish constructive possession. Dominion and control need not be exclusive to support a finding of constructive possession.]
[In deciding whether the defendant had dominion and control over property, you are to consider all the relevant circumstances in the case. Factors that you may consider, among others, include [whether the defendant had the [immediate] ability to take actual possession of the property,] [whether the defendant had the capacity to exclude others from possession of the property,] [and] [whether the defendant had dominion and control over the premises where the property was located]. No single one of these factors necessarily controls your decision.]
NOTE ON USE
The instruction defines a word that is used in the definition of “trafficking,” WPIC 77.35 (Trafficking in Stolen Property—Possession—Definition), for cases involving trafficking in stolen property. The instruction may also be used to define possession for cases involving the related offense of possession of stolen property.
COMMENT
The instruction is modified from WPIC 50.03 (Possession—Definition) which is used to define actual and constructive possession of controlled substances. See the Comment to WPIC 50.03 (Possession—Definition) for a discussion of the concepts of dominion and control.
This definition of possession, originally developed in the case law for drug cases, has been approved as well for cases involving possession of stolen property. State v. Plank, 46 Wn.App. 728, 731–33, 731 P.2d 1170 (1987). See the discussion in the Comment to WPIC 77.02 (Possessing Stolen Property—First Degree—Elements). This holding supports a conclusion that the same definition also applies to the possession component of trafficking in stolen property.
[Current as of January 2019.]
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