WPIC 30.02 Aggravated First Degree Murder—Elements

If a single instruction that combines the elements of premeditated first degree murder with the aggravating circumstances listed in RCW 10.95.020 is desired, WPIC 26.02 (Murder—First Degree—Premeditated—Elements) should be used with WPIC 30.03 (Aggravated First Degree Murder—Aggravating Factors). See the Comment below.

The WPI Committee has declined to set forth an instruction that combines the elements of premeditated first degree murder with the aggravating factors listed in RCW 10.95.020. See WPIC 30.00 (Aggravated First Degree Murder—Introduction). Several sections of RCW Chapter 10.95 refer to the crime of “aggravated first degree murder.” See RCW 10.95.030, 10.95.040, 10.95.050. It is not clear, however, whether aggravated first degree murder is a separate crime, or an aggravated form of the crime of first degree murder. In different contexts, it has been characterized as both. For a more detailed discussion, see WPIC 30.00 (Aggravated First Degree Murder—Introduction).

If an instruction is drafted that does combine the elements of premeditated first degree murder with the aggravating factors listed in RCW 10.95.020, care should be taken to ensure that the jury is properly instructed regarding unanimity if more than one aggravating circumstance is presented to the jury. When more than one aggravating circumstance is alleged, and the aggravating circumstances are presented as alternatives, the jury must be unanimous as to which aggravating circumstance is present in order to convict the defendant of aggravated first degree murder. State v. Mak, 105 Wn.2d 692, 739, 718 P.2d 407 (1986), overruled in part on other grounds by State v. Hill, 123 Wn.2d 641, 870 P.2d 313 (1994); In re Jeffries, 110 Wn.2d 326, 339, 752 P.2d 1338 (1988). For further discussion, see the Comment accompanying WPIC 30.03 (Aggravated First Degree Murder—Aggravating Factors).