WPIC 38.25 Criminal Mistreatment and Related Offenses—Great Bodily Harm—Definition

Use this instruction to define great bodily harm, but only for cases of criminal mistreatment, abandonment of a dependent person, or other offenses set forth in RCW Chapter 9A.42. For all other offenses, use WPIC 2.04 (Great Bodily Harm—Definition) instead of this instruction. See discussion in the Comment below.

RCW 9A.42.010(2)(c).

The Legislature has provided two different definitions of great bodily harm. In RCW 9A.42.010(2)(c), the Legislature defines the term as “bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.” The definition applies only to cases filed under RCW Chapter 9A.42, Criminal Mistreatment. RCW 9A.42.010.

In a second statute, RCW 9A.04.110(4), the Legislature provides a slightly different definition, which refers to “a probability of death” (rather than “a high probability of death”) and “a significant permanent loss or impairment” (rather than “a permanent or protracted loss or impairment”). Compare RCW 9A.04.110(4) with RCW 9A.42.010(2)(c); see also WPIC 2.04 (Great Bodily Harm—Definition). This second definition applies generally to offenses set forth in Title 9A of the criminal code, but it does not apply when “a different meaning plainly is required.” RCW 9A.04.110. Because a different meaning is required for offenses under RCW Chapter 9A.42, see RCW 9A.42.010, the second definition does not apply for these offenses.