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WPIC 35.45 Custodial Assault—Community Corrections Volunteer—Elements

11 WAPRAC WPIC 35.45Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.45 (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 35.45 Custodial Assault—Community Corrections Volunteer—Elements
To convict the defendant of the crime of custodial assault, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant assaulted (name of person);
(2) That, at the time of the assault, (name of person) was a volunteer who was assisting [a community corrections officer] [or] [an employee who was employed in a community corrections office] performing official duties; and
(3) That any of these acts 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 35.50 (Assault—Definition) with this instruction.
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
For a discussion of the phrase “any of these acts” 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.36.100(1)(d).
A defendant is not required to have knowledge of the employment status of the victim in a custodial assault case. State v. Brown, 140 Wn.2d 456, 998 P.2d 321 (2000) (holding that knowledge is not an element in an assault upon a police officer). Further discussion of this issue is found in the Comment to WPIC 35.23.02 (Assault—Third Degree—Law Enforcement Officer—Elements).
For a discussion of self-defense issues in a related context, see the Comment to WPIC 35.41 (Custodial Assault—Corrections Institution—Detention Facility—Elements).
[Current as of April 2020.]
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