WPIC 300.53 Special Verdict Form—Aggravating Circumstance—Accomplice Liability—Bifurcated Trial...
11A WAPRAC WPIC 300.53Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.53 (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 300.53 Special Verdict Form—Aggravating Circumstance—Accomplice Liability—Bifurcated Trial or Stand-Alone Sentencing Proceeding
(Insert case caption.)
We, the jury, [aware that the defendant was previously found guilty of (fill in offense),] [having previously found the defendant guilty of (fill in offense),] return a [special] verdict by answering as follows:
QUESTION [1]:
(The following three questions relate to WPIC 300.10:)
[[(a)] Did the defendant's personal conduct during the commission of the crime manifest deliberate cruelty to the victim?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did the acts of an accomplice in the crime manifest deliberate cruelty to the victim?
ANSWER: (Write “yes” or “no”). If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was acting or would act with deliberate cruelty to the victim?
ANSWER: (Write “yes” or “no”)]
[Did the defendant know, [or should the defendant have known,] that the victim was particularly vulnerable or incapable of resistance? (see WPIC 300.11)
ANSWER: (Write “yes” or “no”)]
[Did the defendant know that the victim [of the crime of (fill in name of violent crime)] was pregnant? (see WPIC 300.12)
[ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.13:)
[[(a)] Did the defendant personally commit a major economic offense or series of offenses?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit a major economic offense or series of offenses?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit a major economic offense or series of offenses?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.14:)
[[(a)] Did the defendant personally commit a major violation of the Uniform Controlled Substance Act?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit a major violation of the Uniform Controlled Substance Act?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit a major violation of the Uniform Controlled Substance Act?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.16:)
[[(a)] Did the defendant personally commit a crime that was part of an ongoing pattern of sexual abuse of the same victim under the age of 18 years manifested by multiple incidents over a prolonged period of time?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit a crime that was part of an ongoing pattern of sexual abuse of the same victim under the age of 18 years manifested by multiple incidents over a prolonged period of time?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit a crime that was part of an ongoing pattern of sexual abuse of the same victim under the age of 18 years manifested by multiple incidents over a prolonged period of time?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.17:)
[[(a)] Did the defendant personally commit an aggravated domestic violence offense?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit an aggravated domestic violence offense?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit an aggravated domestic violence offense?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.18:)
[[(a)] Did the defendant personally commit a crime that resulted in the pregnancy of a child victim of rape?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit a crime that resulted in the pregnancy of a child victim of rape?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit a crime that could result in the pregnancy of a child victim of rape?
ANSWER: (Write “yes” or “no”)]
(The following four questions relate to WPIC 300.19:)
[[(a)] Did the defendant know that the victim was a youth not residing with a legal custodian?
ANSWER: (Write “yes” or “no”) If the answer is no, or if you are unable to agree on an answer to this question, [do not answer any further questions] [skip to question ].
[[(b)] Did the defendant personally establish or promote [his] [her] relationship with the victim for the primary purpose of victimization?
ANSWER: (Write “yes” or “no”)]
[[(c)] Did an accomplice in the crime establish or promote [his] [her] relationship with the victim for the primary purpose of victimization?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(d)] Did the defendant know that the accomplice was establishing or promoting, or would establish or promote, [his] [her] relationship with the victim for the primary purpose of victimization?
ANSWER: (Write “yes” or “no”)]]
(The following three questions relate to WPIC 300.20:)
[[(a)] Did the defendant personally commit the crime with the intent to obstruct or impair [[human] [animal] health care] [[agricultural] [forestry] [research]] [or] [commercial production]?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit the crime with the intent to obstruct or impair [[human] [animal] health care] [[agricultural] [forestry] [research]] [or] [commercial production]?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit the crime with the intent to obstruct or impair [[human] [animal] health care] [[agricultural] [forestry] [research]] [or] [commercial production]?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.21:)
[[(a)] Did the defendant personally commit [the crime] [a trafficking offense] against a victim who was under the age of 18 years at the time of the [crime] [offense]?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit [the crime] [a trafficking offense] against a victim who was under the age of 18 years at the time of the [crime] [offense]?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit [the crime] [a trafficking offense] against a victim who was under the age of 18 years at the time of the [crime] [offense]?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.22:)
[[(a)] Did the defendant personally use a high degree of sophistication or planning when committing this crime?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime use a high degree of sophistication or planning when committing this crime?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was using or would use a high degree of sophistication or planning when committing this crime?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.23:)
[[(a)] Did the defendant personally use [his] [her] [position of [trust] [confidence]] [or] [fiduciary responsibility] to facilitate the commission of the crime?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime use [his] [her] [position of [trust] [confidence]] [or] [fiduciary responsibility] to facilitate the commission of the crime?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was using or would use [his] [her] [position of [trust] [confidence]] [or] [fiduciary responsibility] to facilitate the commission of the crime?
ANSWER: (Write “yes” or “no”)]
(The following two questions relate to WPIC 300.24:)
[(a) Does the defendant have a history of sex offenses?
ANSWER: (Write “yes” or “no”)
(b) Is the defendant amenable to treatment?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.25:)
[[(a)] Did the defendant personally invade the victim's privacy?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime invade the victim's privacy?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was invading or would invade the victim's privacy?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.26:)
[[(a)] Did the defendant personally demonstrate or display an egregious lack of remorse?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime demonstrate or display an egregious lack of remorse?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was demonstrating or displaying, or would demonstrate or display, an egregious lack of remorse?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.27:)
[[(a)] Did the defendant personally commit an act that involved a destructive and foreseeable impact on persons other than the victim?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit an act that involved a destructive and foreseeable impact on persons other than the victim?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit an act that involved a destructive and foreseeable impact on persons other than the victim?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.28:)
[[(a)] Did the defendant personally commit the crime to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit the crime to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit the crime to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.29:)
[[(a)] Did the defendant personally commit the crime shortly after being released from incarceration?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit the crime shortly after being released from incarceration?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice had recently been released from incarceration?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.30:)
[[(a)] Did the defendant personally commit a burglary while the victim was present in the building or residence where the crime was committed?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit a burglary while the victim was present in the building or residence where the crime was committed?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit a burglary while the victim was present in the building or residence where the crime was committed?
ANSWER: (Write “yes” or “no”)]
(The following four questions relate to WPIC 300.31:)
[[(a)] Did the defendant know that the victim was a law enforcement officer?
ANSWER: (Write “yes” or “no”) If the answer is no, or if you are unable to agree on an answer to this question, [do not answer any further questions] [skip to question ].
[[(b)] Did the defendant personally commit the crime at a time when the victim was performing his or her official duties?
ANSWER: (Write “yes” or “no”)]
[[(c)] Did an accomplice in the crime commit the crime at a time when the victim was performing his or her official duties?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(d)] Did the defendant know that the accomplice was committing or would commit the crime at a time when the victim was performing his or her official duties?
ANSWER: (Write “yes” or “no”)]]
(The following three questions relate to WPIC 300.32:)
[[(a)] Did the defendant personally commit the crime against a victim who was acting as a Good Samaritan?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit the crime against a victim who was acting as a Good Samaritan?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit the crime against a victim who was acting as a Good Samaritan?]
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.33:)
[[(a)] Did the defendant personally commit the crime against a [public official] [officer of the court] in retaliation for the [official's] [officer's] performance of his or her duty to the criminal justice system?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit the crime against a [public official] [officer of the court] in retaliation for the [official's] [officer's] performance of his or her duty to the criminal justice system?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit the crime in retaliation for the [official's] [officer's] performance of his or her duty to the criminal justice system?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.34:)
[[(a)] Did the defendant personally inflict injuries that substantially exceeded the level of bodily harm necessary to constitute [bodily harm] [great bodily harm] [substantial bodily harm], as defined in Instruction ?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime inflict injuries that substantially exceeded the level of bodily harm necessary to constitute [bodily harm] [great bodily harm] [substantial bodily harm], as defined in Instruction ?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was inflicting or would inflict injuries that substantially exceeded the level of bodily harm necessary to constitute [bodily harm] [great bodily harm] [substantial bodily harm?]
ANSWER: (Write “yes” or “no”)]
(The following nine questions relate to WPIC 300.35:)
[[(a)] Did the defendant personally steal metal property?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime steal metal property?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was stealing or would steal metal property?
ANSWER: (Write “yes” or “no”)]
[[(d)] In the course of the theft of metal property, did the defendant personally cause damage to the victim more than three times the value of the stolen metal property?
ANSWER: (Write “yes” or “no”)]
[[(e)] Did an accomplice in the crime cause damage to the victim more than three times the value of the stolen metal property?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(f)] Did the defendant know that the accomplice was causing or would cause damage to the victim more than three times the value of the stolen metal property?
ANSWER: (Write “yes” or “no”)]
[[(g)] Did the defendant personally create a public hazard by stealing the metal property?
ANSWER: (Write “yes” or “no”)]
[[(h)] Did an accomplice in the crime create a public hazard by stealing the metal property?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(i)] Did the defendant know that the accomplice was creating or would create a public hazard by stealing the metal property?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.36:)
[[(a)] Did the defendant personally commit the offense with the intent to directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage to or for a criminal street gang, its reputation, influence, or membership?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit the offense with the intent to directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage to or for a criminal street gang, its reputation, influence, or membership?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would commit the offense with the intent to directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage to or for a criminal street gang, its reputation, influence, or membership?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.37:)
[[(a)] During the commission of the crime, was the defendant personally driving in the opposite direction of the normal flow of traffic on a multiple lane highway with a posted speed limit of forty-five miles per hour or greater?
ANSWER: (Write “yes” or “no”)]
[[(b)] During the commission of the crime, was an accomplice in the crime driving in the opposite direction of the normal flow of traffic on a multiple lane highway with a posted speed limit of forty-five miles per hour or greater?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was driving in the opposite direction of the normal flow of traffic on a multiple lane highway with a posted speed limit of forty-five miles per hour or greater?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.38:)
[[(a)] Did the defendant personally commit a crime that involved paying to view over the internet depictions of a minor engaged in an act of sexually explicit conduct?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime commit a crime that involved paying to view over the internet depictions of a minor engaged in an act of sexually explicit conduct?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was committing or would a crime that involved paying to view over the internet depictions of a minor engaged in an act of sexually explicit conduct?
ANSWER: (Write “yes” or “no”)]
(The following three questions relate to WPIC 300.39:)
[[(a)] Did the defendant personally intentionally commit the crime because [he] [she] perceived the victim to be homeless?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did an accomplice in the crime intentionally commit the crime because [he] [she] perceived the victim to be homeless?
ANSWER: (Write “yes” or “no”) If your answer is yes, answer the following question:
[(c)] Did the defendant know that the accomplice was intentionally committing or would intentionally commit the crime because [he] [she] perceived the victim to be homeless?
ANSWER: (Write “yes” or “no”)]
(The following seven questions relate to WPIC 300.40:)
[[[(a)] Did the defendant personally commit the crime?
ANSWER: (Write “yes” or “no”)]
[[(b)] Did the crime occur in [a [waiting area] [corridor] adjacent to] a [courtroom] [jury room] [judge's chamber]?
ANSWER: (Write “yes” or “no”)
[(c)] Did the defendant know that the crime was occurring or would occur in [a [waiting area] [corridor] adjacent to] a [courtroom] [jury room] [judge's chamber]?
ANSWER: (Write “yes” or “no”)]
[(d)] At the time of the crime, was the [courtroom] [jury room] [judge's chamber] being used for judicial purposes during court proceedings?
ANSWER: (Write “yes” or “no”)
[[(e)] Did the defendant know that the crime was being committed or would be committed in a [courtroom] [jury room] [judge's chamber] that was being used for judicial purposes during court proceedings?
ANSWER: (Write “yes” or “no”)]
[(f)] Was signage posted notifying the public of possible enhanced penalties for crimes committed [in] [adjacent to] a [courtroom] [jury room] [judge's chamber]?
ANSWER: (Write “yes” or “no”)
[(g)] Was the signage prominently displayed at any public entrance to a courtroom?
ANSWER: (Write “yes” or “no”)]
[QUESTION [ ]: (Insert appropriate questions from the prior list)]
[ANSWER: (Write “yes” or “no”)]
(Repeat as necessary.)
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| Presiding Juror |
NOTE ON USE
This version of the verdict form should be used if the defendant could have been convicted as an accomplice.
Use a separate special verdict form per count on which the state alleged the existence of an aggravating circumstance.
Use the questions pertaining to the aggravating circumstances that have been alleged. For most circumstances, one of the questions asked whether the defendant personally committed the aggravating factor. Use this question if it is supported by the evidence. Always use the questions pertaining to acts of an accomplice and the defendant's knowledge of these acts. Use other bracketed material as applicable.
When using the bracketed question on the level of bodily harm, select the appropriate level of harm and insert the number of the instruction that defines that level of harm.
Use this special verdict with WPIC 300.08 (Aggravating Circumstances—Accomplice Liability). For a list of other instructions to be used along with this special verdict, see WPIC 300.01 (Aggravating Circumstance Procedure—Checklist for Written Instructions—Unitary Trials—Bifurcated Trials—Stand-Alone Sentencing Proceedings).
The cross-references to other pattern instructions are included to assist practitioners in drafting instructions for a particular case. They are not to be included in the instruction that goes to the jury.
COMMENT
This instruction should be used cautiously. For a discussion of issues related to this instruction, see the Comment to WPIC 300.50.01 (Special Verdict Form—Aggravating Circumstances—Accomplice Liability—Unitary Trial).
[Current as of April 2019.]
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