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WPIC 35.51 Quick Child—Definition

11 WAPRAC WPIC 35.51Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.51 (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 35.51 Quick Child—Definition
A quick child is one that has been seen moving or felt moving within the mother's uterus.
Use this definition with WPIC 35.17 (Assault—Second Degree—Unborn Quick Child—Elements).
The definition used in this instruction is derived from common law as discussed by the U.S. Supreme Court in Roe v. Wade, 410 U.S. 113, 132, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). In Roe, the Court stated:
It is undisputed that at common law, abortion performed before “quickening” — the first recognizable movement of the fetus in utero, appearing usually from the 16th to the 18th week of pregnancy—was not an indictable offense.
Roe v. Wade, 410 U.S. at 132 (footnote omitted).
[Current as of April 2020.]
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