WPIC 35.25.03 Assault—Fourth Degree—Felony—Family or Household Member, Domestic Violence—Crime ...
11 WAPRAC WPIC 35.25.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.25.03 (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 35.25.03 Assault—Fourth Degree—Felony—Family or Household Member, Domestic Violence—Crime Committed After July 23, 2017 and Before March 18, 2020—Definition
Family or household members means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.
Domestic violence means an act against a family or household member as defined in this instruction.
NOTE ON USE
Use this instruction only for the offense of felony assault in the fourth degree charged under RCW 9A.36.041(3) which occurred after July 23, 2017, and before March 18, 2020. For a charge of felony assault in the fourth degree occurring after March 18, 2020, instead use WPIC 2.27 (Family or Household Member and Intimate Partner—Definitions).
Use with WPIC 35.25.01 (Assault—Fourth Degree—Felony—Crime Committed After July 23, 2017 and Before March 18, 2020—Definition).
COMMENT
Use this instruction only for felony assault in the fourth degree charged under RCW 9A.36.041(3) for offenses committed after July 23, 2017, and before March 18, 2020. For a charge of felony assault in the fourth degree committed after March 18, 2020, use WPIC 35.25.02 (Assault—Fourth Degree—Felony—Crime Committed After March 18, 2020—Definition).
Do not use this instruction for gross misdemeanor assault in the fourth degree charged under RCW 9A.36.041(1)–(2). For the gross misdemeanor use WPIC 35.25 (Assault—Fourth Degree—Gross Misdemeanor—Definition) instead. The definitions of Domestic Violence may vary and care should be taken to make the statutorily correct definition. See Comment to WPIC 35.25.01 (Assault—Fourth Degree—Felony—Crime Committed After July 23, 2017 and Before March 18, 2020—Definition).
Use this instruction with Special Verdict WPIC 190.11 (Special Verdict Form—Family or Household Member or Intimate Partner).
[Current as of June 2020.]
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