Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.20 (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 35.20 Assault—Third Degree—Definition
A person commits the crime of assault in the third degree when he or she
[assaults another with intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself, herself, or another person,] [or]
[assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider while that person is performing his or her official duties at the time of the assault,] [or]
[assaults a school bus driver, the immediate supervisor of a school bus driver, a mechanic, or a security officer, employed by a school district or a private company under contract for transportation services with a school district while the person is performing his or her official duties at the time of the assault,] [or]
[with criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm,] [or]
[assaults a fire fighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault,] [or]
[with criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering,] [or]
[assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault,] [or]
[assaults a peace officer with a projectile stun gun,] [or]
[assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault,] [or]
[assaults a judicial officer, court-related employee, county clerk, or county clerk's employee, while that person is performing his or her official duties at the time of the assault or as a result of that person's employment within the judicial system,] [or]
[assaults another in] [a] [courtroom] [or] [jury room] [or] [judge's chamber] [or] [any waiting area or corridor immediately adjacent to a] [courtroom] [or] [jury room] [or] [judge's chamber] during a time when the [courtroom] [or] [jury room] [or] [judge's chamber] is being used for judicial purposes during court proceedings, and there was signage prominently displayed at any public entrance to a courtroom, notifying the public about the possible penalties for the offense.
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).
Several of the instruction's indented paragraphs contain alternative terms that would usually be bracketed, yet bracketing them all in this instance would render the pattern instruction all but unreadable. Accordingly, practitioners should carefully select only the particular language that applies to the facts of the case. For example, if a case involves an assault on a school bus driver, then the jury should be instructed using the third indented paragraph, as modified to remove language relating to mechanics, security officers, and the like.
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.
With this instruction use as applicable WPIC 2.03 (Bodily Injury—Physical Injury—Bodily Harm—Definition), WPIC 10.01 (Intent—Intentionally—Definition), WPIC 10.04 (Criminal Negligence—Definition), and WPIC 35.50 (Assault—Definition).
Because the circumstances arise rarely, the committee has not drafted a pattern to-convict instruction for the alternative means relating to assaulting a peace officer with a projectile stun gun. Such an instruction can be easily drafted using the language from RCW 9A.36.031(h), to be accompanied by definitions for peace officer (WPIC 2.16), assault (WPIC 35.50), and projectile stun gun (RCW 9A.04.110).
See Comment to WPIC 35.21 (Assault—Third Degree—Elements).
[Current as of December 2015.]
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