WPIC 35.17 Assault—Second Degree—Unborn Quick Child—Elements
11 WAPRAC WPIC 35.17Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.17 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.17 Assault—Second Degree—Unborn Quick Child—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 and unlawfully inflicted an injury upon (name of mother);
(2) That by this injury the defendant intentionally and unlawfully caused substantial bodily harm to an unborn quick child of (name of mother); 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.
NOTE ON USE
Along with this instruction, use WPIC 35.51 (Quick Child—Definition), WPIC 10.01 (Intent—Intentionally—Definition), and WPIC 2.03.01 (Substantial Bodily Harm—Defined).
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).
COMMENT
RCW 9A.36.021(1)(b).
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 statute appears to require proof that the defendant not only intended to inflict injury upon the mother, but also proof that the defendant intended to cause bodily harm to the unborn child by injuring the mother.
[Current as of March 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
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