Home Table of Contents

WPIC 133.22 Discharging a Firearm—Elements

11A WAPRAC WPIC 133.22Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.22 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.22 Discharging a Firearm—Elements
To convict the defendant of the crime of discharging 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 willfully [discharged a [firearm] [air gun] [weapon]] [threw a deadly missile];
(2) That this act occurred in a public place or in a place where a person might be endangered as a result; and
(3) 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.
Use bracketed material as applicable.
With this instruction, use WPIC 10.05 (Willfully—Definition). Also use as applicable, WPIC 2.10 (Firearm—Definition).
In element (3), 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 (3), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
RCW 9.41.230(1)(b). See the Comment to WPIC 133.21 (Aiming a Firearm—Elements).
The statute contains a provision excluding from the definition of a public place “any location at which firearms are authorized to be lawfully discharged.” An instruction to this effect is included as an optional portion of WPIC 133.20 (Aiming or Discharging a Firearm—Definition).
Willfully discharging a firearm is not a lesser included offense of second degree assault charged under former RCW 9.11.020(4). State v. Bishop, 6 Wn.App. 146, 491 P.2d 1359 (1971). Other statutes prohibit discharging a firearm at any train, engine, motor, or car on any railway, RCW 81.60.070, or risking injury by recklessly discharging a firearm from a car (drive-by shooting), RCW 9A.36.045.
[Current as of December 2019.]
End of Document