WPIC 133.53 Serious Offense—Definition

Use this instruction if it is necessary to define this particular element for the jury in a case being prosecuted under RCW Chapter 9.41. Insert the name of the serious crime from the list found in the Comment.

RCW 9.41.010(27).

The statute defines “serious offense” as the commission of, or a felony attempt to commit, any of the following felonies: any crime of violence (any class A felony; attempt, conspiracy or solicitation to commit a class A felony; manslaughter, second degree kidnapping, second degree arson, second degree assault of a child, first degree extortion, burglary, robbery); any felony violation of RCW Chapter 69.50 classified as a class B felony or carrying a maximum term of 10 years in prison; second degree child molestation; incest against a child under age 14; indecent liberties; leading organized crime; first degree promoting prostitution; third degree rape; drive-by shooting; sexual exploitation; vehicular assault or vehicular homicide while driving under the influence or in a reckless manner; any class B felony with a finding of sexual motivation; any felony with a deadly weapon verdict under RCW 9.94A.602; any felony in effect before June 6, 1996, that is comparable to a serious offense; or any conviction for a felony offense of RCW 9.41.113 (firearm sales and transfers) that occurred on or after December 4, 2014. The definition includes federal or out-of-state convictions.

For a discussion of stipulations and Old Chief issues, see WPIC 4.78 (Stipulation of Prior Offense (“Old Chief Stipulation”)).