WPIC 35.23.06 Assault—Third Degree—Law Enforcement Officer—Sentencing—Special Verdict
11 WAPRAC WPIC 35.23.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.23.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.23.06 Assault—Third Degree—Law Enforcement Officer—Sentencing—Special Verdict
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(This special verdict is to be answered only if the jury finds the defendant guilty of assault of a law enforcement officer or other employee of a law enforcement agency as charged in Count .)
We, the jury, answer the question submitted by the court as follows:
QUESTION: Do you unanimously find beyond a reasonable doubt that the defendant intentionally committed the assault with what appeared to be a firearm?
ANSWER: (Write “yes” or “no”)
(DIRECTION: Sign this verdict form and notify the bailiff.)
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NOTE ON USE
Use this special verdict form when the State has pleaded a special allegation that the defendant intentionally committed an assault of a law enforcement officer with what appears to be a firearm. RCW 9.94A.831.
Use WPIC 35.23.02 (Assault—Third Degree—Law Enforcement Officer—Elements) and WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements).
COMMENT
RCW 9.94A.831.
This differs from WPIC 190.02 (Special Verdict Form—Firearm), as under this statute the weapon used need only appear to be a firearm.
[Current as of March 2020.]
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