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STATE v. WEAVILLE

No. 66966-4-I.

256 P.3d 426 (2011)

162 Wn. App. 801

STATE of Washington, Respondent, v. Scott Elwood WEAVILLE, Appellant.

Court of Appeals of Washington, Division 1.

July 25, 2011.

Attorney(s) appearing for the Case

John A. Hays , Attorney at Law, Longview, WA, for Appellant.

Anthony Frank Golik , Michael C. Kinnie , Attorneys at Law, Anne Mowry Cruser , Clark County Prosecuting Attorney, Vancouver, WA, for Respondent.

DWYER, C.J.

¶ 1 Penetration, an element of rape in the second degree, is not defined within chapter 9A.44 RCW. Nevertheless, mere contact between the sex organs of two individuals does not constitute penetration. A jury instruction defining penetration in this manner is erroneous. Here, the supplemental instruction given to the jury contained such an incorrect statement of the law. Accordingly, we reverse Scott Weaville's conviction of rape in the second degree...

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