WPIC 35.19.01 Assault—Second Degree—Strangulation or Suffocation—Elements
11 WAPRAC WPIC 35.19.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.19.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.19.01 Assault—Second Degree—Strangulation or Suffocation—Elements
To convict the defendant of the crime of assault in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant intentionally assaulted (name of person) by
[(a)] [strangulation] [or]
[(b)] [suffocation]; and
(2) That this act occurred in the State of Washington.
If you find from the evidence that element (2) and either of alternative elements (1)(a) or (1)(b) have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives (1)(a) or (1)(b) has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of elements (1) or (2), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use bracketed material as applicable. The instruction is drafted for cases in which the jury needs to be instructed using both of the alternatives for element (1). Care must be taken to limit the alternatives to those that were included in the charging document and are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form). For the related jury special verdict form, see WPIC 190.09 (Special Verdict—Form—Elements with Alternatives). For any case in which substantial evidence supports only one of the alternatives in element (1), revise the instruction to remove references to alternative elements, following the format set forth in WPIC 4.21 (Elements of the Crime).
With this instruction, use WPIC 35.50 (Assault—Definition), WPIC 35.53 (Assault—Strangulation—Definition), and/or WPIC 35.54 (Assault—Suffocation—Definition) and WPIC 10.01 (Intent—Intentionally—Definition).
For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.36.021(1)(g); RCW 9A.04.110(26) and (27).
In State v. Reed, 168 Wn.App. 553, 575, 278 P.3d 203 (2012), the court held that to convict the defendant under the strangulation alternative, the State must prove either 1) that the defendant intentionally compressed the victim's neck, thereby obstructing blood flow or the victim's ability to breathe, or 2) that the defendant compressed the victim's neck with the intent to obstruct blood flow or breathing. See RCW 9A.04.110(26).
[Current as of March 2020.]
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