WPIC 133.31 Possessing a Dangerous Weapon—Elements
11A WAPRAC WPIC 133.31Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.31 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.31 Possessing a Dangerous Weapon—Elements
To convict the defendant of the crime of possessing a dangerous weapon, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [knowingly] had in [his] [her] possession [a slung shot] [a sand club] [metal knuckles] [a spring blade knife] [any knife the blade of which is automatically released by a spring mechanism or other mechanical device] [any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement]; 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 of 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
This instruction is intended for cases of possession. The statute covers other ways of committing the crime and other offenses not covered by this instruction.
With this instruction, use WPIC 133.52 (Possession—Weapon—Definition). Also use as applicable, WPIC 10.02 (Knowledge—Knowingly—Definition). For a discussion of the bracketed word “knowingly,” see the Comment below.
Use bracketed material as applicable. 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 9.41.250(1)(a).
It is not clear whether the elements for this offense include a knowledge requirement. For a discussion of this issue in a related context, see the Comment to WPIC 133.05 (Leaving an Unloaded Pistol in a Vehicle—Elements).
Martial arts throwing stars are not covered under subsection (1) of RCW 9.41.250. State v. Echeverria, 85 Wn.App. 777, 784, 934 P.2d 1214 (1997) (“RCW 9.41.250(1) is very specific and does not by its plain terms encompass [a throwing star]”).
RCW 9.41.250 does not apply to law enforcement officers, firefighter or rescue members, Washington state patrol officers, or military members, under the circumstances specified by statute. RCW 9.41.251.
[Current as of December 2019.]
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