WPIC 35.36 Assault of a Child—Second Degree—Definition
11 WAPRAC WPIC 35.36Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.36 (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 35.36 Assault of a Child—Second Degree—Definition
A person commits the crime of assault of a child in the second 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 second degree against the child] [or]
[intentionally assaults the child and causes bodily harm that is greater than transient physical pain or minor temporary marks, and the person has previously engaged in a pattern or practice of [assaulting the child which has resulted in bodily harm that is greater than transient pain or minor temporary marks] [or] [causing the child physical pain or agony that is equivalent to that produced by torture]].
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).
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
If the bracketed phrase referring to an intentional assault is given, then use whichever of the following definitions is applicable: WPIC 10.01 (Intent—Intentionally—Definition); WPIC 2.03 (Bodily Injury—Physical Injury—Bodily Harm—Definition); or WPIC 35.50 (Assault—Definition).
If the bracketed phrase referring to second degree assault is given, then use WPIC 35.10 (Assault—Second Degree—Definition).
COMMENT
RCW 9A.36.130.
See the Comment to WPIC 35.35.03 (Assault of a Child—First Degree—Causing Substantial Bodily Harm—Elements) for a discussion of the term “torture” and “pattern and practice.”
[Current as of April 2020.]
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