WPIC 35.23.051 Assault—Third Degree—In Courtroom—Elements
11 WAPRAC WPIC 35.23.051Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.23.051 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.23.051 Assault—Third Degree—In Courtroom—Elements
To convict the defendant of the crime of assault in the third degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant assaulted (name of person);
(2) That the assault occurred [in] [a] [courtroom] [or] [jury room] [or] [judge's chamber] [or] [any waiting area or corridor immediately adjacent to a] [courtroom] [or] [jury room] [or] [judge's chamber];
(3) That the [courtroom] [or] [jury room] [or] [judge's chamber] was being used for judicial purposes during court proceedings;
(4) That signage was prominently displayed at any public entrance to the courtroom;
(5) That the signage notified the public about the possible penalties for this offense; and
(6) That the act occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use bracketed material as applicable.
Use WPIC 35.50 (Assault—Definition), with this instruction.
For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.36.031.
The statute provides that signage shall be prominently displayed at any public entrance to a courtroom. See RCW 2.28.200. Element (4) requires that the signage be prominently displayed at any public entrance to the courtroom. The WPI Committee's intent in drafting element (4) is to make the instruction easier for the jury to understand and not to change the meaning of the statute.
[Current as of August 2020.]
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