Proposed Jury Instruction-Knowledge with Citations

WPIC 10.02 is not accurate & insufficient to convict per the Washington State Supreme Court.

Additionally, it is Misconduct for the State to argue it is sufficient to have constructive knowledge to convict, which is all that the WPIC establishes.

Defense has a duty to propose the correct mens rea and hold the State to the burden to prove it beyond a reasonable doubt.

The CORRECT mens rea for Knowledge is actual, subjective knowledge and it is not an easy standard to meet! Look for the Knapstad motion with the knowledge section – I will post that separately as well so you can argue it for the WPIC if you need it!