WPIC 35.24 Assault—Third Degree—Criminal Negligence and Suffering—Elements
11 WAPRAC WPIC 35.24Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.24 (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 35.24 Assault—Third Degree—Criminal Negligence and Suffering—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 caused bodily harm to (name of person);
(2) That the bodily harm was accompanied by substantial pain that extended for a period of time sufficient to cause considerable suffering;
(3) That the defendant acted with criminal negligence; and
(4) 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
Use this instruction for third degree assault charges under RCW 9A.36.031(1)(f), which relates to causing bodily harm by criminal negligence.
Along with this instruction, use WPIC 2.03 (Bodily Injury—Physical Injury—Bodily Harm—Definition) and WPIC 10.04 (Criminal Negligence—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).
COMMENT
RCW 9A.36.031(1)(f).
When supported by the evidence, a defendant is entitled to a self-defense instruction in an assault in the third degree prosecution based on criminal negligence. State v. Dyson, 90 Wn.App. 433, 952 P.2d 1097 (1997).
[Current as of March 2020.]
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