WPIC 300.39 Aggravating Circumstance—Crime Against Homeless Person [RCW 9.94A.535(3)(cc)]
11A WAPRAC WPIC 300.39Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.39 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XVI. Exceptional Sentences—Aggravating Circumstances
WPIC CHAPTER 300. Exceptional Sentences—Aggravating Circumstances
WPIC 300.39 Aggravating Circumstance—Crime Against Homeless Person [RCW 9.94A.535(3)(cc)]
[A “homeless person” is one who lacks a fixed, regular, and adequate nighttime residence.]
[A “homeless person” is [also] one who has a primary nighttime residence that is [a supervised [publicly or privately operated] shelter designed to provide temporary living accommodations] [or] [a [public or private] place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings] [or] [a private residence where the individual stays as a transient invitee].]
NOTE ON USE
Use bracketed language as applicable. Use WPIC 10.02 (Knowledge—Knowingly—Definition), if not already defined.
COMMENT
RCW 9.94A.535(3)(cc); RCW 9.94A.030(30).
This aggravating circumstance was added to the Sentencing Reform Act in 2011. Laws of 2011, Chapter 87, § 1 (effective July 22, 2011).
The statutory presumption is that this aggravating circumstance will be presented to the jury during the trial of the alleged crime. RCW 9.94A.537(4).
[Current as of April 2019.]
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