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WPIC 2.07.01 Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Knife

11 WAPRAC WPIC 2.07.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 2.07.01 (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 2.07.01 Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Knife
For purposes of a special verdict the State must prove beyond a reasonable doubt that the defendant was armed with a deadly weapon at the time of the commission of the crime [in Count ].
[A person is armed with a deadly weapon if, at the time of the commission of the crime, the weapon is easily accessible and readily available for offensive or defensive use. The State must prove beyond a reasonable doubt that there was a connection between the weapon and the defendant [or an accomplice]. The State must also prove beyond a reasonable doubt that there was a connection between the weapon and the crime. In determining whether these connections existed, you should consider, among other factors, the nature of the crime and the circumstances surrounding the commission of the crime, including the [location of the weapon at the time of the crime] [the type of weapon] [(fill in other relevant circumstances)].]
[If one participant in a crime is armed with a deadly weapon, all accomplices to that participant are deemed to be so armed, even if only one deadly weapon is involved.]
[A knife having a blade longer than three inches is a deadly weapon.] [A deadly weapon is an implement or instrument that has the capacity to inflict death and, from the manner in which it is used, is likely to produce or may easily produce death. Whether a knife having a blade less than three inches long is a deadly weapon is a question of fact that is for you to decide.]
NOTE ON USE
Use this instruction in those cases in which an enhanced sentence for use of a deadly weapon is sought under RCW 9.94A.825 and RCW 9.94A.533 and the only weapon allegedly used by the defendant is a knife. If other weapons are allegedly used, use either WPIC 2.07 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—General) or WPIC 2.07.02 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Firearm).
Do not use the second paragraph in a case in which the weapon was actually used and displayed during the commission of the crime.
Use this instruction with WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements) and WPIC 190.01 (Special Verdict Form—Deadly Weapon).
Use bracketed material as applicable. Special attention should be given to the bracketed sentences in the instruction's final paragraph. If the knife in question has a blade that is longer than three inches, use the first bracketed sentence. If the blade of the knife in question is less than three inches long, use the second set of bracketed sentences in the paragraph. If the bracketed material on accomplices is used, use WPIC 10.51 (Accomplice—Definition) with this instruction. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
See the Note on Use and Comment to WPIC 2.06 (Deadly Weapon—Definition as Element—Firearm or Explosive) for a more complete discussion of the relationship of the “deadly weapon” and “firearms” instructions in this section.
COMMENT
RCW 9.94A.825.
Armed. Even though a knife longer than three inches is per se a deadly weapon, the prosecution must also prove that the defendant was “armed” with the weapon. State v. Samaniego, 76 Wn.App. 76, 882 P.2d 195 (1994). For a related discussion, see the Comment to WPIC 2.07 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—General).
[Current as of November 2018.]
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