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WPIC 35.34 Assault of a Child—First Degree—Definition

11 WAPRAC WPIC 35.34Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.34 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.34 Assault of a Child—First Degree—Definition
A person commits the crime of assault of a child in the first degree if the person is eighteen years of age or older and the child is under the age of thirteen and the person:
[commits the crime of assault in the first degree against the child] [or]
[intentionally assaults the child and [recklessly inflicts great bodily harm] [or] [causes substantial bodily harm, and the person has previously engaged in a pattern or practice either of assaulting the child which has resulted in bodily harm that is greater than transient physical pain or minor temporary marks, or causing the child physical pain or agony that is equivalent to that produced by torture]].
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).
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases relating to how the crime is committed, see Note on Use to WPIC 4.22 (Elements of the Crime—Alternatives—Form).
Use whichever of the following definitions is applicable: WPIC 10.01 (Intent—Intentionally—Definition); WPIC 10.03 (Recklessness—Definition); WPIC 2.03 (Bodily Injury—Physical Injury—Bodily Harm—Definition); WPIC 2.03.01 (Substantial Bodily Harm—Definition); WPIC 2.04 (Great Bodily Harm—Definition); WPIC 35.50 (Assault—Definition).
If the bracketed phrase referring to first degree assault is given, then also use as applicable, WPIC 35.01 (Assault—First Degree—Great Bodily Harm or Deadly Weapon—Definition), WPIC 35.03 (Assault—First Degree—Great Bodily Harm—Definition), or WPIC 35.05 (Assault—First Degree—Poison—Definition).
RCW 9A.36.120.
See the Comment to WPIC 35.35 (Assault of a Child—First Degree—Alternative Means—Elements).
[Current as of April 2020.]
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