WPIC 36.27.01 Stalking—Deadly Weapon—Definition
11 WAPRAC WPIC 36.27.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.27.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.27.01 Stalking—Deadly Weapon—Definition
[A person is armed with a deadly weapon if, at the time of the commission of the crime, the weapon is easily accessible and readily available for offensive or defensive use. The State must prove beyond a reasonable doubt that there was a connection between the weapon and the defendant [or an accomplice]. The State must also prove beyond a reasonable doubt that there was a connection between the weapon and the crime. In determining whether these connections existed, you should consider, among other factors, the nature of the crime and the circumstances surrounding the commission of the crime, including [the location of the weapon at the time of the crime] [the type of weapon] [(fill in other relevant circumstances)].]
[If one person is armed with a deadly weapon, all accomplices are deemed to be so armed, even if only one deadly weapon is involved.]
A deadly weapon is an implement or instrument that has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death. [The following instruments are examples of deadly weapons: blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.] [(Fill in deadly weapon from list in RCW 9.94A.825) is a deadly weapon.]
NOTE ON USE
This instruction defines a phrase used in WPIC 36.21.05 (Stalking—Felony—Armed with a Deadly Weapon—Elements). This instruction should be used whenever WPIC 36.21.05 (Stalking—Felony—Armed with a Deadly Weapon—Elements) is used.
Do not use the first paragraph in a case in which the weapon was actually used and displayed during the commission of the crime. Use additional bracketed material as applicable.
If using the instruction's final bracketed sentence, then fill in the blank line with a deadly weapon that is listed in RCW 9.94A.825; do not fill in the blank line with any other weapon.
COMMENT
RCW 9A.46.110(5); RCW 9.94A.825.
Definition of deadly weapon. Under RCW 9A.46.110(5), the crime of stalking is elevated to a felony when the defendant is “armed with a deadly weapon, as defined in RCW 9.94A.825.” Do not use the different statutory definition from RCW 9A.04.110.
For further discussion of issues involved in defining “deadly weapon” and “armed” for purposes of RCW 9.94A.825, see the Comment to WPIC 2.07 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—General).
[Current as of April 2020.]
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