WPIC 2.07.02 Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Firearm
11 WAPRAC WPIC 2.07.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 2.07.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part I. General Instructions
WPIC CHAPTER 2. Definitions
WPIC 2.07.02 Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Firearm
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 to 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 pistol, revolver, or any other firearm is a deadly weapon whether loaded or unloaded.
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 firearm. If other weapons are allegedly used, use either WPIC 2.07 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—General) or WPIC 2.07.01 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—Knife).
Do not use the second paragraph in a case in which the weapon was actually used and displayed during the commission of the crime.
Along with this instruction, use WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements) and WPIC 190.01 (Special Verdict Form—Deadly Weapon).
Use bracketed material as applicable. 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).
COMMENT
RCW 9.94A.825.
For a detailed discussion of the law applicable to sentencing under the deadly weapon provisions of RCW 9.94A.825, see the Comment accompanying WPIC 2.07 (Deadly Weapon—Definition for Sentence Enhancement—Special Verdict—General). For a discussion of why the term “firearm” is not further defined here, see the Comment to WPIC 2.06 (Deadly Weapon—Definition as Element—Firearm or Explosive) (section entitled “Firearm—Definitional Issue”).
A firearm that is unloaded is a deadly weapon within the meaning of RCW 9.94A.825. State v. Schelin, 147 Wn.2d 562, 567 n.2, 55 P.3d 632 (2002); State v. Simonson, 91 Wn.App. 874, 883, 960 P.2d 955 (1998); State v. Sullivan, 47 Wn.App. 81, 733 P.2d 598 (1987).
It has been an open question whether a firearm must be operable to be a deadly weapon within the meaning of RCW 9.94A.825. A similar issue as to interpreting “firearm” under RCW 9.94A.533(3) was addressed in State v. Faust, 93 Wn.App. 373, 967 P.2d 1284 (1998). Faust is discussed in the Comment to WPIC 2.10.01 (Firearm—Definition for Sentence Enhancement—Special Verdict). State v. Tasker, 193 Wn.App 575, 593–94, 373 P.3d 310, review denied 186 Wn.2d 1013 (2016), contains an extensive discussion of this issue.
Armed. Under RCW 9.94A.825, the prosecution must prove that the defendant was “armed” with the firearm. State v. Simonson, 91 Wn.App. 874, 882–83, 960 P.2d 955 (1998). 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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