WPIC 2.08 Dwelling—Definition
11 WAPRAC WPIC 2.08Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 2.08 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part I. General Instructions
WPIC CHAPTER 2. Definitions
WPIC 2.08 Dwelling—Definition
Dwelling means any building or structure [, though movable or temporary,] [, or a portion thereof,] that is used or ordinarily used by a person for lodging.
NOTE ON USE
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
COMMENT
RCW 9A.04.110(7).
Under this definition, if a building as a whole is ordinarily used for lodging, all rooms within it are considered part of the dwelling. If only a portion of the building is ordinarily used for lodging, then only that portion constitutes a dwelling. State v. Neal, 161 Wn.App. 111, 113-14, 349 P.3d 211 (2011). Applying this rule, Neal approved the use of this instruction without the phrase “or a portion thereof.” State v. Neal 161 Wn.App. at 114–16. The court held that a tool room in an apartment building was part of the “dwelling.” Other cases have reached similar results. State v. Moran, 181 Wn.App. 316, 321–23, 324 P.3d 808 (2014) (enclosed area underneath house); State v. Murbach, 68 Wn.App. 509, 843 P.3d 551 (1993) (garage attached to house).
For a related instruction, see WPIC 2.05 (Building—Definition).
[Current as of November 2018.]
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