WPIC 35.23 Assault—Third Degree—Transit Operator—Elements
11 WAPRAC WPIC 35.23Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.23 (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 35.23 Assault—Third Degree—Transit Operator—Elements
To convict the defendant of the crime of assault in the third degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant assaulted (name of person);
(2) That (name of person) was employed as a [transit operator or driver] [the transit operator's or driver's immediate supervisor] [mechanic] [security officer] of a public or private transit company or a contracted service provider;
(3) That at the time of the assault, (name of person) was performing [his] [her] official duties; and
(4) That any of these acts 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
Use WPIC 35.50 (Assault—Definition) with this instruction.
For a discussion of the phrase “any of these acts” 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.36.031(1)(b).
The State is not required to prove that the defendant knew that the person assaulted was a transit driver or operator. See State v. Brown, 140 Wn.2d 456, 998 P.2d 321 (2000) (holding that knowledge that the person assaulted is a police officer is not an element of RCW 9A.36.031(1)(g)). Further discussion of this issue is found at the Comment to WPIC 35.23.02 (Assault—Third Degree—Law Enforcement Officer—Elements).
[Current as of March 2020.]
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