In a criminal case wherein there has been a special allegation
and evidence establishing that the accused or an accomplice was
armed with a deadly weapon at the time of the commission of the
crime, the court shall make a finding of fact of whether or not
the accused or an accomplice was armed with a deadly weapon at
the time of the commission of the crime, or if a jury trial is
had, the jury shall, if it find[s] the defendant guilty, also
find a special verdict as to whether or not the defendant or an
accomplice was armed with a deadly weapon at the time of the
commission of the crime.
For purposes of this section, a deadly weapon is an
implement or instrument which has the capacity to inflict death
and from the manner in which it is used, is likely to produce or
may easily and readily produce death. The following instruments
are included in the term deadly weapon: Blackjack, sling shot,
billy, sand club, sandbag, metal knuckles, any dirk, dagger,
pistol, revolver, or any other firearm, any knife having a blade
longer than three inches, any razor with an unguarded blade, any
metal pipe or bar used or intended to be used as a club, any
explosive, and any weapon containing poisonous or injurious gas.
[1983 c 163 § 3. Formerly RCW 9.94A.602, 9.94A.125.]
NOTES:
Effective date -- 1983 c 163: See note following RCW 9.94A.505.