WPIC 35.30 Drive-by Shooting—Definition
11 WAPRAC WPIC 35.30Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.30 (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 35.30 Drive-by Shooting—Definition
A person commits the crime of drive-by shooting when he or she recklessly discharges a firearm in a manner that creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.
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).
Along with this instruction, use WPIC. 2.10 (Firearm—Definition as Element), WPIC 10.03 (Recklessness—Definition), and WPIC 2.03 (Bodily Injury—Physical Injury—Definition). Also use WPIC 35.30.01 (Inference of Reckless Conduct—Drive-By Shooting) if it is alleged that the defendant discharged a firearm from a moving vehicle.
COMMENT
RCW 9A.36.045
For a discussion of case law addressing the drive-by shooting statute, see the Comment to WPIC 35.31 (Drive-By Shooting—Elements).
[Current as of April 2020.]
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