WPIC 300.12 Aggravating Circumstance—Violent Crime/Pregnant Victim [RCW 9.94A.535(3)(c)]
11A WAPRAC WPIC 300.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.12 (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 300.12 Aggravating Circumstance—Violent Crime/Pregnant Victim [RCW 9.94A.535(3)(c)]
(The WPI Committee believes that no further explanation of this aggravating circumstance is required.)
NOTE ON USE
For the aggravating circumstance of a violent crime involving a pregnant victim, use the applicable bracketed clause from WPIC 300.02 (Aggravating Circumstance Procedure—Factors Alleged—Unitary Trial) or WPIC 300.06 (Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding). Also, to define a term used in that bracketed language, use WPIC 10.02 (Knowledge—Knowingly—Definition), if not already defined.
COMMENT
RCW 9.94A.535(3)(c).
This aggravating circumstance was added to the Sentencing Reform Act in 1996. The aggravating circumstance applies only to “violent offenses.” See RCW 9.94A.030. No published opinions discuss this aggravating circumstance.
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).
For further discussion of this aggravating circumstance, see Fine, 13B Washington Practice, Criminal Law and Sentencing section 47:5 (3d ed.).
[Current as of April 2019.]
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