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WPIC 133.20 Aiming or Discharging a Firearm—Definition

11A WAPRAC WPIC 133.20Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.20 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.20 Aiming or Discharging a Firearm—Definition
A person commits the crime of [aiming] [or] [discharging] a firearm when he or she
[aims any firearm, whether loaded or not, at or toward any human being,] [or]
[willfully discharges any firearm, air gun, or other weapon [or throws any deadly missile] in a public place, or in any place where any person might be endangered as a result,]
although no injury results.
[A “public place,” as used in this instruction, does not include a location at which firearms are authorized to be lawfully discharged.]
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. With this instruction, use WPIC 2.10 (Firearm—Definition). Also use as applicable, WPIC 10.05 (Willfully—Definition).
This instruction may be used with WPIC 133.21 (Aiming a Firearm—Elements) or WPIC 133.22 (Discharging a Firearm—Elements).
RCW 9.41.230.
See the Comment to WPIC 133.21 (Aiming a Firearm—Elements).
The statute also includes the offense of setting “a so-called trap, spring pistol, rifle, or other dangerous weapon.” RCW 9.41.230(1)(c). Appropriate instructions will need to be drafted if that section is at issue.
The phrase “although no injury results” is included in the statute; based on its placement and punctuation, and the context, it appears clear that the Legislature intended the phrase to apply to all three sections of the statute.
[Current as of December 2019.]
End of Document