WPIC 17.03 Lawful Force—Detention of Person
11 WAPRAC WPIC 17.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 17.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IV. Defenses
WPIC CHAPTER 17. Lawful Force—Charges Other than Homicide
WPIC 17.03 Lawful Force—Detention of Person
It is a defense to a charge of (fill in crime) that the force [used] [attempted] [offered to be used] was lawful as defined in this instruction.
A person who lawfully possesses [a building] [real property] may [use] [attempt to use] [offer to use] force to detain someone who unlawfully [enters] [or] [remains] [in the building] [on the real property] when:
(1) it is reasonably [used] [attempted] [offered] for that purpose;
(2) the manner and duration of such detention is reasonable to investigate the reason for the detained person's presence on the premises;
(3) the premises in question did not reasonably appear to be open to members of the public; and
(4) the person [using] [attempting to use] [offering to use] the force employs such force and means as a reasonably prudent person would use under the same or similar conditions as they appeared to the person, taking into consideration all of the facts and circumstances known to the person at the time of [and prior to] the incident.
The [State] [City] [County] bears the burden of proving beyond a reasonable doubt that the force [used] [attempted] [offered to be used] by the defendant was not lawful. If you find that the [State] [City] [County] has not proved the absence of this defense beyond a reasonable doubt, it will be your duty to return a verdict of not guilty [as to this charge].
NOTE ON USE
Use this instruction in any case in which this defense is an issue supported by the evidence.
Use bracketed material as applicable.
COMMENT
The instruction is based upon RCW 9A.16.020(4).
The instruction's paragraph (4) is based upon State v. Allery, 101 Wn.2d 591, 682 P.2d 312 (1984) (see Comment to WPIC 16.02).
For a detailed discussion of burden of proof issues, see WPIC 14.00 (Defenses—Introduction).
RCW 9A.16.020(5) and (6) define additional examples of lawful force that are not reflected in the pattern instructions because they occur relatively infrequently. Additional examples of lawful force may be found in RCW 9A.16.080 (mercantile establishment) and RCW 9A.16.120 (outdoor music festival). In one of these unusual cases, an appropriate instruction can be adapted from the statute.
In previous editions, this WPIC 17.03 was also repeated in the chapter on justifiable homicide, at WPIC 16.06 (Lawful Force-Detention of Person). Because the text of these two instructions was identical, and because the issue arises far more frequently in the context of this chapter, which involves lawful force that does not involve a death, the instruction has been retained here and not in WPI Chapter 16 (Justifiable Homicide). This instruction may be used whether or not the force in detaining a person resulted in the person's death.
[Current as of February 2019.]
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