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WPIC 35.13 Assault—Second Degree—Substantial Bodily Harm—Elements

11 WAPRAC WPIC 35.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.13 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.13 Assault—Second Degree—Substantial Bodily Harm—Elements
To convict the defendant of the crime of assault 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 intentionally assaulted (name of person);
(2) That the defendant thereby recklessly inflicted substantial bodily harm on (name of person); and
(3) That this act 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 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.
Along with this instruction, use 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), and WPIC 35.50 (Assault—Definition).
For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
RCW 9A.36.021(1)(a).
See the Comment to WPIC 35.11 (Assault—Second Degree—With Intent to Commit Felony—Elements) for a general discussion of second degree assault.
The wording of this instruction combined with the definitions of “intent” and “reckless” properly instructs the jury that “second degree assault by battery requires an intentional touching that recklessly inflicts substantial bodily harm.” Second degree assault by battery does not require specific intent to inflict substantial bodily harm. State v. Esters, 84 Wn.App. 180, 927 P.2d 1140 (1996).
[Current as of March 2020.]
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