Home Table of Contents

WPIC 35.23.05 Assault—Third Degree—Court Personnel—Elements

11 WAPRAC WPIC 35.23.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.23.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.23.05 Assault—Third Degree—Court Personnel—Elements
To convict the defendant of the crime of assault in the third degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant assaulted (name of person);
(2) That (name of person) was a [judicial officer] [county clerk] [county clerk's employee] [bailiff] [court reporter] [judicial assistant] [court manager] [court manager's employee] [or] [other employee, regardless of title, who is engaged in equivalent functions];
(3) [(a)] [That at the time of the assault (name of person) was performing [his] [her] official duties] [or]
[(b)] [That the assault was a result of (name of person)'s employment within the judicial system];
(4) That this act occurred in the State of Washington.
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 WPIC 35.50 (Assault—Definition) with this instruction.
For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
RCW 9A.36.031(1)(j).
In appropriate situations the language regarding “other employee” may need to be further defined.
The State is not required to prove that the defendant knew that the person assaulted was a court-related employee. See State v. Brown, 140 Wn.2d 456, 998 P.2d 321 (2000) (holding that knowledge that the person assaulted is a police officer is not an element of RCW 9A.36.031(1)(g)). Further discussion of this issue is found in the Comment to WPIC 35.23.02 (Assault—Third Degree—Law Enforcement Officer—Elements).
[Current as of March 2020.]
End of Document