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WPIC 133.36 Carrying a Concealed Weapon—Elements

11A WAPRAC WPIC 133.36Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.36 (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 133.36 Carrying a Concealed Weapon—Elements
To convict the defendant of the crime of carrying a concealed weapon, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant carried a [dagger or dirk] [pistol] [or other] [dangerous weapon];
(2) That the defendant furtively carried it with intent to conceal it; 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.
Use WPIC 10.01 (Intent—Intentionally—Definition) and WPIC 133.50 (Pistol—Definition) with this instruction.
See WPIC 133.03 (Carrying a Pistol—Definition). Either of these instructions might apply to carrying a concealed pistol on the person.
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 9.41.250(1)(b).
Carrying a fixed-blade three-inch paring knife in an inner pocket, at a time and place where a kitchen knife would not ordinarily be used as a kitchen knife, qualified as furtively carrying a dangerous weapon with an intent to conceal. State v. Myles, 127 Wn.2d 807, 903 P.2d 979 (1995). For a discussion of the term “dangerous weapon,” see State v. C.Q., 96 Wn.App. 273, 979 P.2d 473 (1999), and State v. J.R., 127 Wn.App. 293, 111 P.3d 264 (2005).
[Current as of December 2019.]
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