WPIC 29.03 Homicide by Abuse—Definition
11 WAPRAC WPIC 29.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 29.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part V. Crimes Against Life
WPIC CHAPTER 29. Miscellaneous Crimes Against Life
WPIC 29.03 Homicide by Abuse—Definition
A person commits the crime of homicide by abuse if, under circumstances manifesting an extreme indifference to human life, the person causes the death of a [child] [person under sixteen years of age] [developmentally disabled person] [dependent adult], and the person has previously engaged in a pattern or practice of assault or torture of the [child] [person under sixteen years of age] [developmentally disabled person] [dependent adult] [unless the killing is [excusable] or [justifiable]].
[“Dependent adult” means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life.]
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. Use the bracketed phrase relating to an excusable or justifiable killing if the defense of excusable or justifiable homicide is in issue. See the Comment accompanying WPIC 29.04 (Homicide by Abuse—Elements).
Use the bracketed second paragraph if it is necessary to define the phrase “dependent adult.”
If there is an issue of causal connection, use WPIC 25.02 (Homicide—Proximate Cause—Definition) with this instruction.
COMMENT
RCW 9A.32.055.
See Comment to WPIC 29.04 (Homicide by Abuse—Elements).
[Current as of May 2019.]
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