WPIC 27.02 Murder—Second Degree—Intentional—Elements
11 WAPRAC WPIC 27.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 27.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part V. Crimes Against Life
WPIC CHAPTER 27. Murder, Second Degree
WPIC 27.02 Murder—Second Degree—Intentional—Elements
To convict the defendant of the crime of murder in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant acted with intent to cause the death of (name of person);
(2) That (name of decedent) died as a result of defendant's acts; and
(3) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if after weighing all of the evidence you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction when the issue is intent to cause the death of the person killed or another.
Use WPIC 10.01 (Intent—Intentionally—Definition) with this instruction. If there is an issue of causal connection, use WPIC 25.02 (Homicide—Proximate Cause—Definition).
For a discussion of the phrase “any of these acts” in element (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.32.050(1)(a).
For murders committed in 1997 or earlier, the State would be required to prove that death occurred within three years and a day of the defendant's act (or, for murders committed in 1983 or earlier, within one year and a day).
For discussion of the burden of proof on defenses, see the Comments to WPIC 26.02 (Murder—First Degree—Premeditated—Elements) and WPIC 14.00 (Defenses—Introduction).
[Current as of May 2019.]
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