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WPIC 35.39 Assault of a Child—Third Degree—Elements

11 WAPRAC WPIC 35.39Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.39 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.39 Assault of a Child—Third Degree—Elements
To convict the defendant of the crime of assault of a child in the third degree, each of the following elements must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant committed the crime of assault in the third degree against (name of person);
(2) That the defendant was eighteen years of age or older and (name of person) was under the age of thirteen; and
(3) 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.
Use WPIC 35.20 (Assault—Third Degree—Definition) with this instruction.
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).
RCW 9A.36.140.
[Current as of April 2020.]
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