Home Table of Contents

WPIC 2.03 Bodily Injury—Physical Injury—Bodily Harm—Definition

11 WAPRAC WPIC 2.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 2.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
WPIC CHAPTER 2. Definitions
WPIC 2.03 Bodily Injury—Physical Injury—Bodily Harm—Definition
[Bodily injury] [physical injury] [bodily harm] means physical pain or injury, illness, or an impairment of physical condition.
NOTE ON USE
Use this definition when an instruction refers to bodily injury, physical injury, or bodily harm. Use the appropriate bracketed term or terms depending on the elements of the particular crime or defense. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
Do not use this instruction to define “substantial bodily harm,” “great bodily harm,” or “great personal injury.” These other terms have distinct statutory definitions. See WPIC 2.03.01 (for substantial bodily harm), WPIC 2.04 (for great bodily harm), and WPIC 2.04.01 (for great personal injury).
COMMENT
RCW 9A.04.110(4)(a).
Washington's statutes use several similar-sounding but distinct terms relating to bodily injury. Practitioners should carefully select the appropriate bracketed phrase based on the language of the statute charged.
The term “bodily injury” does not include mental illnesses:
Given that ‘illness’ is found within a definition of bodily injury and is sandwiched between phrases denoting physical pain or injury and physical impairment, [applicable doctrines of statutory interpretation] suggest that the Legislature meant to include only physical illnesses within the definition.
State v. Van Woerden, 93 Wn.App. 110, 117, 967 P.2d 14 (1998) (under the rule of lenity, post-traumatic stress syndrome is not a bodily injury for purposes of second degree criminal mistreatment).
[Current as of November 2018.]
Westlaw. © 2021 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
End of Document