WPIC 300.20 Aggravating Circumstance—Health Care or Research [RCW 9.94A.535(3)(k)]

For the aggravating circumstance involving health care or research, 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 in that bracketed clause, use WPIC 10.01 (Intent—Intentionally—Definition) if not already defined.

RCW 9.94A.535(3)(k).

This aggravating circumstance was added to the Sentencing Reform Act (SRA) in 2002.

The SRA contains no definitions of the terms used in this aggravating circumstance. If parties believe that defining the terms would be helpful to a jury in a particular case, the terms have been defined by the Legislature in other chapters. See, e.g., RCW 70.02.010(15) (health care); RCW 48.44.010(10) (health care services).

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 47:13 (3d ed.).