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WPIC 300.40 Aggravating Circumstance—Crime in Courtroom [RCW 9.94A.535(3)(dd)]

11A WAPRAC WPIC 300.40Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.40 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part XVI. Exceptional Sentences—Aggravating Circumstances

WPIC CHAPTER 300. Exceptional Sentences—Aggravating Circumstances

WPIC 300.40 Aggravating Circumstance—Crime in Courtroom [RCW 9.94A.535(3)(dd)]

The aggravating circumstance for crimes [in] [adjacent to] a [courtroom] [jury room] [judge's chamber] only applies if the following facts existed:

(1) At the time of the crime, the [courtroom] [jury room] [judge's chamber] was being used for judicial purposes during court proceedings;

(2) Signage was posted notifying the public of possible enhanced penalties for crimes committed [in] [adjacent to] a [courtroom] [jury room] [judge's chamber]; and

(3) The signage was prominently displayed at any public entrance to a courtroom.

The State has the burden of proving each of these facts beyond a reasonable doubt. If you have a reasonable doubt as to any of these facts, you should answer the special verdict “no” [in Verdict Form ].

COMMENT

RCW 9.94A.535(3)(dd); RCW 2.28.200.

This aggravating circumstance was added to the Sentencing Reform Act in 2013. Laws of 2013, Chapter 256, § 2 (effective July 28, 2013). This circumstance only applies to crimes against persons. A list of those crimes is set out in RCW 9.94A.411. The circumstance does not apply to third degree assault based on assaulting a person located in a courtroom under RCW 9A.36.031(1)(k).

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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