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WPIC 50.81 Enhanced Sentence—Child on Premises —Special Verdict

11 WAPRAC WPIC 50.81Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.81 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part VIII. Drugs and Controlled Substances

WPIC CHAPTER 50.60. Enhanced Sentence—Controlled Substance Violations

WPIC 50.81 Enhanced Sentence—Child on Premises —Special Verdict

(Insert case caption.)

(This special verdict is to be answered only if the jury finds the defendant guilty of (fill in crime) [as charged in count ].)

We, the jury, return a special verdict by answering as follows:

QUESTION: Did the defendant [manufacture a controlled substance relating to the manufacture of methamphetamine] [or] [possess [ephedrine [or] [any of its salts or isomers or salts of isomers]] [or] [pseudoephedrine [or] [any of its salts or isomers or salts of isomers]] [or] [[pressurized ammonia gas] [or] [pressurized ammonia gas solution] with the intent to manufacture methamphetamine]] when a person under the age of eighteen was present in or upon the premises of manufacture?

ANSWER: (Write “yes” or “no”)

DATE:
	Presiding Juror

NOTE ON USE

Use this special verdict if it is alleged that the defendant should be subject to enhanced sentencing because the controlled substance offense was committed under the circumstances specified in RCW 9.94A.827.

Use WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements) with this instruction.

Use bracketed material as applicable. With this instruction, use WPIC 65.01 (Premises—Definition).

COMMENT

RCW 9.94A.827.

RCW 9.94A.827 does not specifically authorize imposition of an enhancement based upon accomplice liability. In State v. Hayes, 182 Wn.2d 556, 342 P.3d 1144 (2015), the court held that a RCW 9.94A.535(3)(c) sentencing enhancement can apply to an accomplice who does not personally perform the act that satisfies the enhancement if the accomplice knew that the principal's conduct would satisfy the enhancement. If the accomplice was not personally present when the child was on the premises, the special verdict question must be modified. The modifications might mirror the language contained in WPIC 50.71 (Enhanced Sentence—County Jail or State Correctional Facility—Special Verdict).

[Current as of November 2019.]

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