WPIC 133.21 Aiming a Firearm—Elements
11A WAPRAC WPIC 133.21Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.21 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.21 Aiming a Firearm—Elements
To convict the defendant of the crime of aiming a firearm, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant aimed a firearm at or toward another human being; and
(2) That this act occurred in the [State of Washington] [City of ] [County of ].
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.
NOTE ON USE
With this instruction use WPIC 2.10 (Firearm—Definition).
In element (2), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction). For a discussion of the phrase “this act” in element (2), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9.41.230(1)(a).
Aiming a firearm is not a lesser-included offense of second degree assault charged under former RCW 9A.36.020(1)(c). State v. Southerland, 45 Wn.App. 885, 728 P.2d 1079 (1986), reversed in part on other grounds, 109 Wn.2d 389, 745 P.2d 33 (1987).
The statute applies only to “conduct not amounting to a violation of chapter 9A.36 RCW,” which deals with assaults and physical harm. The WPI Committee believes the Legislature was addressing prosecutorial charging issues, and did not intend that this negative be included as an element of the offense.
[Current as of December 2019.]
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