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WPIC 133.54 Unlawful Possession of a Firearm—Intimate Partner—Definition

11A WAPRAC WPIC 133.54Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.54 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.54 Unlawful Possession of a Firearm—Intimate Partner—Definition
Intimate partner means a spouse, a domestic partner, a former spouse, a former domestic partner, a person with whom the restrained person has a child in common, or a person with whom the restrained person has cohabited or is cohabiting as part of a dating relationship.
Use only with WPIC 133.02.08 (Unlawful Possession of a Firearm—Second Degree—Subject to Qualifying Protection Order—Elements) for offenses committed prior to July 28, 2019. Do not use this definition for offenses committed after that date or for any offense charged pursuant to a statute other than RCW 9.41.040.
Use only the relationships that apply to the facts of the case.
RCW 9.41.040. Effective July 28, 2019, RCW 9.41.040 was amended by the Legislature to change the phrase “intimate partner” to “protected person.” In addition, RCW 9.41.040(8) which defined “intimate partner” was repealed in its entirety. See Laws of 2019, Chapter 245, § 3 (effective July 28, 2019). For offenses committed after the effective date of this amendment, no definition of intimate partner should be given.
The phrase “intimate partner” as previously defined in RCW 9.41.040(8) is narrower than the phrase “family and household member” as defined in RCW 10.99.020(3) and RCW 26.50.010(6). This instruction must be given if the defendant is charged with unlawful possession of a firearm in the second degree based on a qualifying protection order for an offense occurring prior to July 28, 2019. The definition in RCW 9.41.040(8) is derived from 18 U.S.C. § 922(g)(8).
[Current as of April 2020.]
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