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WPIC 2.06.01 Deadly Weapon—Definition as Element—Weapons Other than Firearms and Explosives

11 WAPRAC WPIC 2.06.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 2.06.01 (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 2.06.01 Deadly Weapon—Definition as Element—Weapons Other than Firearms and Explosives
Deadly weapon [also] means any weapon, device, instrument, substance, or article [including a vehicle], which under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm.
NOTE ON USE
Use this instruction when the use of a deadly weapon, as defined in 9A.04.110(6), is an element of the crime charged and the weapon alleged is neither a firearm nor an explosive.
For the role of this instruction in relation to other deadly weapon or firearm instructions, see the Note on Use and Comment to WPIC 2.06 (Deadly Weapon—Definition as Element—Firearm or Explosive).
Use the bracketed word “also” for cases involving both a firearm or explosive and a different weapon, such that the court is using both WPIC 2.06 and WPIC 2.06.01. Use other bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
COMMENT
Statute. Under RCW 9A.04.110(6), a deadly weapon is defined as follows:
“Deadly weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a “vehicle” as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm. (Italics added.)
The italics in this passage signify the language upon which this instruction is based. The non-italicized part of the definition is addressed in WPIC 2.06 (Deadly Weapon—Definition as Element—Firearm or Explosive) rather than in this instruction.
Non-per se weapons. Objects other than firearms and explosives qualify as deadly weapons only if the State proves, under the circumstances of the case, that the object was “readily capable of causing death or substantial bodily harm.” RCW 9A.04.110(6); In re Martinez, 171 Wn.2d 354, 256 P.3d 277 (2011); State v. Shilling, 77 Wn.App. 166, 889 P.2d 948 (1995). This requires case-specific proof of the object's inherent capacity and the circumstances in which it is used:
“Circumstances” include “the intent and present ability of the user, the degree of force, the part of the body to which it was applied and the physical injuries inflicted.” … Ready capability is determined in relation to surrounding circumstances with reference to potential substantial bodily harm.
State v. Shilling, 77 Wn.App. at 171–72 (citations omitted).
Particular objects as deadly weapons. In each of the following cases, the courts analyzed the evidence to determine whether a particular object qualified as a deadly weapon under RCW 9A.04.110(6): In re Martinez, 171 Wn.2d 354, 256 P.3d 277 (2011) (evidence insufficient to prove that defendant attempted to use a knife during a burglary); State v. Barragan, 102 Wn.App. 754, 9 P.3d 942 (2000) (evidence supported pencil qualifying as a deadly weapon); State v. Skenandore, 99 Wn.App. 494, 994 P.2d 291 (2000) (evidence insufficient to prove that home-made spear, fashioned out of rolled paper and a golf pencil, constituted a deadly weapon); State v. Taylor, 97 Wn.App. 123, 982 P.2d 687 (1999) (evidence supported BB gun qualifying as a deadly weapon); State v. Shilling, 77 Wn.App. 166, 889 P.2d 948 (1995) (evidence supported bar glass constituting a deadly weapon).
[Current as of November 2018.]
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