Home Table of Contents

WPIC 2.04 Great Bodily Harm—Definition

11 WAPRAC WPIC 2.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 2.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
WPIC CHAPTER 2. Definitions
WPIC 2.04 Great Bodily Harm—Definition
Great bodily harm means bodily injury that creates a probability of death, or that causes significant serious permanent disfigurement, or that causes a significant permanent loss or impairment of the function of any bodily part or organ.
Use this instruction with WPIC 35.03 (Assault—First Degree—Great Bodily Harm—Definition), or when an instruction refers to great bodily harm. Do not, however, use this instruction for criminal mistreatment or other offenses covered by RCW Chapter 9A.42 (Criminal Mistreatment). For such offenses, use WPIC 38.25 (Criminal Mistreatment and Related Offenses—Great Bodily Harm—Definition), instead of WPIC 2.04.
Do not use this instruction to define “bodily injury,” “bodily harm,” “substantial bodily harm,” or “great personal injury.” These other terms have distinct definitions. See WPIC 2.03 (bodily harm and bodily injury), WPIC 2.03.01 (substantial bodily harm), and WPIC 2.04.01 (great personal injury). With regard to great personal injury, see the caveat below.
RCW 9A.04.110.
The definition in this instruction incorporates the language of the statute. The intent to inflict great bodily harm is an element of first degree assault. RCW 9A.36.011.
“Great bodily harm” does not include mental illnesses, such as post-traumatic stress syndrome. State v. Van Woerden, 93 Wn.App. 110, 967 P.2d 14 (1998).
The statutory definition of great bodily harm does not create alternative means of committing the crime under that prong. Thus, jury unanimity is not required as to the type of great bodily harm the defendant caused. State v. Laico, 97 Wn.App. 759, 987 P.2d 638 (1999).
Caveat. See the Comment to WPIC 2.04.01 (Great Personal Injury—Justifiable Homicide—Justifiable Deadly Force in Self Defense—Definition), for a discussion of the distinctions that must be drawn between “great bodily harm” and “great personal injury.”
[Current as of November 2018.]
End of Document