Washington Jury Instruction - Interstate Transportation Of Stolen Property - First Paragraph
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The Jury Charge Bank is a series of Microsoft Word documents with suggested language for fine-only state law violations, and selected city ordinance violations. Download the documents to your own computer, and then edit the charge carefully so that it includes the information required for your specific case.
5.01 Failure To Produce Evidence or A Witness If a party to this case has failed [to offer evidence] [to produce a witness] within his power to produce, you may infer that the [evidence] [testimony of the witness] would be adverse to that party if you believe each of the following elements: 1.
Possession of a Stolen Vehicle (9A. 56.068): A person commits possession of a stolen motor vehicle by possessing a stolen vehicle regardless of the value of the vehicle. Possession of a Stolen Vehicle is a class B felony punishable by a maximum of 10 years in jail and a $20,000 fine.
(1) A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property, other than a firearm as defined in RCW 9.41. 010 or a motor vehicle, which exceeds five thousand dollars in value. (2) Possessing stolen property in the first degree is a class B felony.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
The crime can be either a misdemeanor or a felony. This usually depends on either the value of the stolen property or the type of property that was stolen. The amount required or the categories of property that bump possession of stolen goods up to a felony vary from state to state.
Theft 1st Degree (9A. 56.030): The theft of property or services with a value over $5,000 or the theft of property of any value when taken from the person of another. Theft 1st Degree is a Class B Felony punishable by a maximum of 10 years in jail and a $20,000 fine.
Since theft is the unlawful taking of another person's property, an essential element of the actus reus of theft is absent. The finder of lost property acquires a possessory right by taking physical control of the property, but does not necessarily have ownership of the property.
