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WPIC 27.03 Murder—Second Degree—Felony—Definition

11 WAPRAC WPIC 27.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 27.03 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part V. Crimes Against Life

WPIC CHAPTER 27. Murder, Second Degree

WPIC 27.03 Murder—Second Degree—Felony—Definition

A person commits the crime of murder in the second degree when he or she [commits] [or] [attempts to commit] (fill in felony) and [in the course of and in furtherance of such crime] [or] [in immediate flight from such crime] he or she [or an accomplice] causes the death of a person other than one of the participants [unless the killing is [excusable] [or] [justifiable]].

NOTE ON USE

Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).

Use bracketed material as applicable.

Fill in the name of the applicable felony or felonies other than those listed in the Note on Use to WPIC 26.03 (Murder—First Degree—Felony—Definition).

With this instruction also give an instruction defining the particular felony. If an attempt to commit the felony is involved, also give WPIC 100.01 (Attempt—Definition). It will not be necessary to use WPIC 2.09 (Felony—Designation of) because the word “felony” is not used in this instruction. If there is an issue of causal connection, use WPIC 25.02 (Homicide—Proximate Cause—Definition).

If there are multiple participants and if the statutory defense is in issue, use WPIC 19.01 (Murder in Commission of Felony—First and Second Degrees—Multiple Participants—Defense) with this instruction.

See the Comment to WPIC 27.04 (Murder—Second Degree—Felony—Elements) for a discussion regarding the use of the bracketed phrase “or an accomplice.” If this phrase is included, use WPIC 10.51 (Accomplice—Definition) with this instruction.