WPI 360.13.01 Overt Act—Recent—History of Violent Acts—Violent Act—Definitions
6A WAPRAC WPI 360.13.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.13.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.13.01 Overt Act—Recent—History of Violent Acts—Violent Act—Definitions
[An “overt act” is an act that causes harm or creates a reasonable apprehension of dangerousness.]
[In determining whether an “overt act” is “recent,” you may consider the extent to which the individual has had an opportunity to commit such acts or engage in similar behavior. You may also consider the time span in the context of all the surrounding relevant circumstances.]
[“History of one or more violent acts” refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a behavioral health facility or in confinement as a result of a criminal conviction.]
[“Violent act” means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.]
NOTE ON USE
Use this instruction to define the terms contained in WPI 360.13 (Likelihood of Serious Harm—Behavioral Health Disorder—Definition). Choose from among the above definitions depending on the terms that are used in WPI 360.13 (Likelihood of Serious Harm—Behavioral Health Disorder—Definition).
COMMENT
The definition of “overt act” is taken from In re Detention of Harris, 98 Wn.2d 276, 284–85, 654 P.2d 109 (1982).
The definition of “recent” for purposes of an overt act is taken from In re Detention of Pugh, 68 Wn.App. 687, 695–96, 845 P.2d 1034 (1993). In order to cover all the applicable circumstances, the WPI Committee has replaced Pugh's term “opportunity to re-offend” with “opportunity to commit such acts or engage in similar behavior.”
The definitions of “history of one or more violent acts” and “violent act” are taken from RCW 71.05.020(19) and (48). A separate but related statute, RCW 71.05.245, states that the court, when determining the issue of likelihood of serious harm, must give great weight to any recent history of one or more violent acts, which the statute then defines as a period of three years. Courts should use caution in instructing jurors as to giving great weight under RCW 71.05.245, because similar language in RCW 71.05.012's statement of legislative intent has been held to constitute an impermissible comment on the evidence. See In re Detention of R.W., 98 Wn.App. 140, 144–46, 988 P.2d 1034 (1999) (noting, however, that instructing jurors as to an accurate statement of law, as opposed to a legislative statement of intent, does not constitute a comment on the evidence).
[Current as of January 2021.]
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