Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.10 (4th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
October 2016 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.10 Assault—Second Degree—Definition
A person commits the crime of assault in the second degree when he or she
[intentionally assaults another and thereby recklessly inflicts substantial bodily harm] [or]
[intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child] [or]
[assaults another with a deadly weapon] [or]
[with intent to inflict bodily harm, administers to or causes to be taken by another poison or any other destructive or noxious substance] [or]
[assaults another with intent to commit a felony] [or]
[knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture] [or]
[assaults another by strangulation] [or]
[assaults another by suffocation].
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. For directions on the various ways to use the bracketed phrases relating to how the crime is committed, see the Introduction to WPIC 4.20. If using the bracketed phrase that refers to intent to commit a felony, then also use WPIC 2.09 (Felony—Designation of) and give instructions defining the particular felony.
Use whichever of the following definitions is applicable: WPIC 10.01 (Intent—Intentionally—Definition); WPIC 10.02 (Knowledge—Knowingly—Definition); WPIC 10.03 (Recklessness—Definition); WPIC 2.03.01 (Substantial Bodily Harm—Definition); WPIC 2.06, (Deadly Weapon—Definition) or WPIC 2.06.01 (Deadly Weapon—Firearm—Definition); WPIC 35.50 (Assault—Definition); WPIC 2.03 (Bodily Injury—Physical Injury—Bodily Harm—Definition); WPIC 2.09 (Felony—Designation of); WPIC 35.51 (Quick Child—Definition); WPIC 35.53 (Assault—Strangulation—Definition); and WPIC 35.54 (Assault—Suffocation—Definition).
The pattern elements instructions on assault in the second degree that follow, WPIC 35.11 through WPIC 35.19.01, are merely some of the suggested combinations that are commonly used. Any combination of these elements may be used that fits the particular case.
In related contexts, the courts have held that language such as “under circumstances not amounting to assault in the first degree” is not an essential element that must be pleaded and proved to the jury. See State v. Ward, 148 Wn.2d 803, 64 P.3d 640 (2003) (assault in violation of a no-contact order); State v. Chino, 117 Wn.App. 531, 72 P.3d 256 (2003) (assault in violation of a protection order). Including this phrase in this definitional instruction provides little helpful information for jurors. Rather, if the issues of first and second degree assault are both before the jury, then the relationship between the two offenses should be addressed with instructions that more specifically address how the jury should consider lesser degree offenses. See WPIC 4.11 (Lesser Included Crime or Lesser Degree) and WPIC 155.00 (Concluding Instruction—Lesser Degree/Lesser Included Crime/Attempted Crime).
See the Comment to WPIC 35.11 (Assault—Second Degree—With Intent to Commit Felony—Elements).
[Current as of December 2015.]
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