WPIC 35.23.03 Assault—Third Degree—School Bus Driver—Elements
11 WAPRAC WPIC 35.23.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.23.03 (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 35.23.03 Assault—Third Degree—School Bus Driver—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 a [school bus driver] [school bus driver's immediate supervisor] [mechanic] [security officer] employed by a [school district] [private company under contract for transportation services with a school district];
(3) That the assault occurred while (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.
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction) and the Note on Use and Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form).
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)(c).
The State is not required to prove that the defendant knew that the person assaulted was a school bus driver. 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 in the Comment to WPIC 35.23.02 (Assault—Third Degree—Law Enforcement Officer—Elements).
[Current as of March 2020.]
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