SECTION 3 SENTENCING GUIDELINES

Transcription

1 SETION 3 SENTENING GUIDELINES This section explains the rules for applying the sentencing guidelines to felony crimes committed after June 30, 1984, including changes enacted by the 2011 regular session of the Legislature. Felonies defined in Title 9A and Title 9 of the Revised ode of Washington (RW) fall into one of three classes: lass A, lass or lass. The class of these felonies is either defined explicitly as part of the definition of the offense, or implicitly, based on the statutory maximum period of incarceration. A felony washout period (RW 9.94A.525(2)), vacation of conviction record (RW 9.94A.640), status as a violent offense (RW 9.94A.030(54)) and statutory maximum period of incarceration are functions of offense class. Felonies Defined in Title 9A RW Felonies defined by Title 9A RW have an A, or class designation explicitly stated. These felonies carry the following maximum penalties (RW 9A ): lass A lass lass Life in prison, $50,000 fine Ten years in prison, $20,000 fine Five years in prison, $10,000 fine Felonies Defined Outside Title 9A Some felonies are defined outside Title 9A RW without an explicit felony class. The 1996 Legislature 1 enacted RW 9.94A.035, establishing the classes of such offenses for SRA purposes. The class is based on the maximum period of incarceration provided for the first conviction of violating the statute creating the offense: lass A lass lass 20 years or more Eight or more, less than 20 years Less than eight years Therefore, statutes increasing the maximum sentence for subsequent convictions do not affect the classification of the offense for SRA purposes, even though they increase the maximum sentence that may be imposed. Felonies for which no maximum punishment is specifically prescribed are punished by confinement for not more than ten years and a fine not to exceed $20,000 or both, and are classified as lass felonies (See RW , as amended in 1996). DETERMINING THE OFFENSE SERIOUSNESS LEVEL The offense of conviction determines the offense seriousness level. General Felony rimes The seriousness level is measured on the vertical axis of the sentencing guidelines grid (Section 4, page 43). Offenses are divided into 16 seriousness levels ranging from low (Level I) to high (Level XVI). RW 9.94A.515 lists the crimes within each seriousness level (Section 4, page 45). 1 Historically, RW 9A was used to determine the class of these unclassed offenses for SRA sentencing purposes, based on the same relationship between the offense and the maximum sentence as shown. A 1995 decision of the ourt of Appeals, Division II (State v. Kelley, 77 Wn. App. 66) held that RW 9A should not be used to determine the class of crimes defined outside Title 9A, or where the statutory maximum has been doubled as a result of sentencing enhancements. The 1996 legislation was intended to be consistent with the Kelley decision Washington State Adult Sentencing Guidelines Manual Part One - Page 20

2 This edition of the Manual includes the grids applicable to offenses committed after July 24, 1999, as well as the 2011 changes to the list of offenses ranked on the adult felony sentencing grid. Previous versions of the grid can be found in Section 4. On the grid, numbers in the first horizontal row of each seriousness category represent sentencing midpoints in months (m). Numbers in the second and third rows represent standard sentencing ranges in months, or in days if so designated. 12+ equals one year and a day. Drug rimes Drug offenses committed on or after July 1, 2003, are divided into three seriousness levels and sentenced according to the drug grid (Section 4, page 53). RW 9.94A.518 lists the crimes within each seriousness level (Section 4, page 54). Unranked Felony rimes Some felonies are not included in the Seriousness Level table and are referred to as unranked. Sentences for unranked felonies are entered without reference to a standard sentence range and do not require sentence calculations. The sentencing options for unranked felonies are described in Section 5, page Washington State Adult Sentencing Guidelines Manual Part One - Page 21

3 TERMS OF ONFINEMENT STANDARD SENTENE RANGE The sentencing grid prescribes the standard sentence range for most of the commonly charged felonies. RW 9.94A.599 provides that if the presumptive sentence duration given in the sentencing grid exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence. The ranges in the sentencing grid are expressed in terms of total confinement. A term of confinement of one year and one day (12+), or a sentence under the Drug Offender Sentencing Alternative or Family Offender Sentencing Alternative, is to be served in a state facility or institution. In addition, any sex offense sentenced under RW 9.94A.507 of one year or less will be served in a state facility or institution. A term of one year or less (other than those described above) is to be served in a county facility unless, when combined with other felony terms, the total time to be served exceeds one year (RW 9.94A.190). A court may convert total confinement sentences to partial confinement or community service) for some offenders. Offenders who have received a sentence greater than one year, and who also have received another sentence less than one year are required to serve the entire period of time in a state institution. UNRANKED OFFENSES Offenders convicted of unranked crimes, crimes without an established seriousness level, are not subject to standard sentence ranges. In such cases, courts are required to impose a determinate sentence which may include zero to 365 days of confinement and may also include community service, legal financial obligations, a term of community custody not to exceed one year and/or a fine. Orders of confinement longer than one year constitute exceptional sentences, which must be justified in writing. RW 9.94A.505(2)(b); RW 9.94A.535. PERSISTENT OFFENDERS Voters approved Initiative 593 ("Three Strikes and You're Out") in The law, which became effective on December 2, 1993, established the penalty of life in prison without the possibility of release for persistent offenders. The life sentence applies to both Three Strike and Two Strike offenders. Three Strikes The original Three Strikes legislation defined a persistent offender as an offender who is convicted of a most serious offense and who has at least two prior convictions for most serious offenses that would be included in the offender score under 9.94A.525. In order to be applicable to the three strikes statute, the first prior conviction must have occurred before the second prior conviction offense was committed. See Section 5, page 65 for a list of the "most serious offenses" as defined by RW 9.94A.030(32). Two Strikes The definition of persistent offender also includes Two Strike sex offenders. To qualify as a persistent sex offender, an offender must have two separate convictions of specified sex offenses. The 1997 Legislature broadened the list of offenses that qualify as strikes under the Two Strikes law. The specific offenses qualifying as Two Strikes are enumerated in the persistent offender definition in RW 9.94A.030(37)(b) and can be found in Section 5, page 68. An offender convicted of one of these offenses, who has at least one previous conviction for one of these offenses, must be sentenced to life in prison without the possibility of release. NON-PERSISTENT SEX OFFENDERS (DETERMINATE-PLUS) During the 2001 Second Special Session, the Legislature enacted 3ESS 6151 The Management of Sex Offenders in the ivil ommitment and riminal Justice Systems. The resulting non-persistent offender system is also called 2011 Washington State Adult Sentencing Guidelines Manual Part One - Page 30

4 determinate-plus, but it is an indeterminate sentence. An offender must be sentenced to an indeterminate term if he or she is not a persistent offender but: is sentenced for any of the two strike offenses listed in Section 5, page 68; or is sentenced for any sex offense, except failure to register, and has a prior conviction for a two-strike offense. This sentencing rule does not apply to offenders seventeen years old or younger at the time of the offense and who have been convicted of Rape of a hild in the First Degree, Rape of a hild in the Second Degree or hild Molestation in the First Degree. A determinate-plus sentence must contain a minimum term of confinement that falls within the standard range, according to the seriousness level of the offense and the offender score, and a maximum term equaling the statutory maximum sentence for the offense. The minimum term may also constitute an exceptional sentence as provided by RW 9.94A.535. A determinate-plus offender is eligible for earned release pursuant to RW 9.94A.728 and is given the opportunity to receive sex offender treatment while incarcerated. Some determinate-plus offenders are eligible for the Special Sex Offender Sentencing Alternative as provided in RW 9.94A.670, unless they have committed Rape in the First Degree, Rape in the Second Degree or any of the following offenses with sexual motivation: Murder in the First Degree, Murder in the Second Degree, Homicide by Abuse, Kidnapping in the First Degree, Kidnapping in the Second Degree, Assault in the First Degree, Assault in the Second Degree, Assault of a hild in the First Degree, Assault of a hild in the Second Degree or urglary in the First Degree. Additionally, all sentences under this provision must be served in prison, regardless of the sentence length. Offenders given determinate plus sentences fall under the purview of the Indeterminate Sentence Review oard through the maximum term of the sentence. Those released from prison will be supervised by the Department of orrections and will remain on community custody through the maximum term of the sentence. EXEPTIONAL SENTENES The standard sentence range is presumed to be appropriate for the typical felony case. The SRA, per RW 9.94A.535, however, provides that the ourt may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. An exceptional sentence must be for a determinate term and cannot exceed the statutory maximum for the crime. An exceptional sentence cannot include a term less than a mandatory minimum term of confinement if one exists. RW 9.94A.540 sets a mandatory minimum term of confinement for certain offenses. RW sets a lifetime imprisonment term for Aggravated Murder in the First Degree. Per RW 9.94A.570 s terms, persistent offenders sentenced to life in prison are not eligible for exceptional sentences. Pursuant to the United States Supreme ourt, before a court is permitted to impose sentences above the standard range, [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. lakely v. Washington, 542 U.S. 296, 124 S.t. 2531, 159 L.Ed.2d 403 (2004). If an exceptional sentence is given, the sentencing court is required to set forth the reasons for the departure from the standard range (RW 9.94A.535) or from the consecutive/concurrent policy (RW 9.94A.589(1) and (2)) in written Findings of Fact and onclusions of Law. Exceptional sentences may be appealed by the offender or by the State. RW 9.94A.535 provides a list of factors that the ourt may consider in deciding whether to impose an exceptional sentence Washington State Adult Sentencing Guidelines Manual Part One - Page 31

5 SETION 4 SENTENING GRIDS SENTENING GRID D FOR RIMES OMMITTED AFTER JULY 24, 1999 URRENT RW 9.94A.510 S e r i o u s n e s s L e v e l Offender Score LEVEL XVI LIFE SENTENE WITHOUT PAROLE/DEATH PENALTY LEVEL XV 280m m m m m m m m m m LEVEL XIV 171.5m m m m m m m m m m LEVEL XIII 143.5m m m m m m m m m m LEVEL XII 108m m m m m m m m m m LEVEL XI 90m m m m m m m m m m LEVEL X 59.5m m m m m m m m m m LEVEL IX 36m m m m m m m m m m LEVEL VIII 24m m m m m m m m m m LEVEL VII 17.5m m m m m m m m m m LEVEL VI 13m m m m m m m m m m LEVEL V 9m m m m m m m m m m LEVEL IV 6m 3-9 9m m m m m m m m m LEVEL III 2m 1-3 5m 3-8 8m m m m m m m m LEVEL II 0-90 days 4m 2-6 6m 3-9 8m m m m m m m LEVEL I 0-60 days 0-90 days 3m 2-5 4m m 3-8 8m m m m m Washington State Adult Sentencing Guidelines Manual Part Two - Page 43

6 SENTENING GRID D - ANTIIPATORIES FOR RIMES OMMITTED AFTER JULY 24, 1999 URRENT S e r i o u s n e s s L e v e l LEVEL XVI LEVEL XV LEVEL XIV LEVEL XIII LEVEL XII LEVEL XI LEVEL X LEVEL IX LEVEL VIII LEVEL VII LEVEL VI LEVEL V LEVEL IV LEVEL III LEVEL II LEVEL I Offender Score LIFE SENTENE WITHOUT PAROLE/DEATH PENALTY days days 67.5 days Washington State Adult Sentencing Guidelines Manual Part Two - Page 44

7 OFFENSE SERIOUNESS LEVELS FOR STANDARD GRID RW 9.94A.515 Seriousness Level Statute (RW) Offense lass XVI Aggravated Murder 1 A XV 9A Homicide by Abuse A (1) Malicious Explosion of a Substance 1 A 9A Murder 1 A 9A (3)(a) Murder 1 riminal Attempt A 9A (3)(a) Murder 1 - riminal onspiracy A 9A (2) Murder 1 riminal Solicitation A XIV 9A Murder 2 A 9A (3)(a) Murder 2 riminal Attempt A 9A (2) Murder 2 riminal Solicitation A 9A (1) Trafficking 1 A XIII (2) Malicious Explosion of a Substance 2 A (1) Malicious Placement of an Explosive 1 A XII 9A Assault 1 A 9A Assault of a hild 1 A (1)(a) Malicious Placement of an Imitation Device A.101 Promoting ommercial Sexual Abuse of a Minor A 9A Rape 1 A 9A (3)(a) Rape 1 riminal Attempt A 9A (2) Rape 1 riminal Solicitation A 9A Rape of a hild 1 A 9A (3)(a) Rape of a hild 1 riminal Attempt A 9A (2) Rape of a hild 1 riminal Solicitation A 9A (2) Trafficking 2 A XI 9A Manslaughter 1 A 9A Rape 2 A 9A (3)(a) Rape 2 riminal Attempt A 9A (2) Rape 2 riminal Solicitation A 9A Rape of a hild 2 A 9A (3)(a) Rape of a hild 2 riminal Attempt A 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 45

8 Seriousness Level Statute (RW) Offense lass 9A (2) Rape of a hild 2 riminal Solicitation A X 9A hild Molestation 1 A 9A (3)(a) hild Molestation 1 riminal Attempt A 9A (2) hild Molestation 1 riminal Solicitation A 9A riminal Mistreatment 1 9A (2)(b) Indecent Liberties - With Forcible ompulsion A 9A (3)(a) Indecent Liberties - With Forcible ompulsion riminal Attempt A 9A (2) Indecent Liberties - With Forcible ompulsion riminal Solicitation A 9A Kidnapping 1 A 9A (2)(a) Leading Organized rime Organizing riminal Profiteering A (3) Malicious Explosion of a Substance 3 9A Sexually Violent Predator Escape A IX 9A Abandonment of Dependent Persons 1 9A Assault of a hild Explosive Devices Prohibited A (4)(a) Hit and Run - Death 79A (1) (a) Homicide by Watercraft While Under the Influence of Intoxicating Liquor or any Drug 9A (2)(b) Leading Organized rime - Inciting riminal Profiteering (2) Malicious Placement of an Explosive 2 9A Robbery 1 A 9.68A.040 Sexual Exploitation of a Minor (1)(a) Vehicular Homicide While Under the Influence of Intoxicating Liquor or any Drug VIII 9A Arson 1 A 9.68A.100 ommercial Sexual Abuse of a Minor 79A (1 Homicide by Watercraft In a Reckless Manner A )(b) 9A Manslaughter 2 9A Promoting Prostitution Theft of Anhydrous Ammonia (1)(b) Vehicular Homicide In a Reckless Manner A VII 9A urglary 1 A 9A hild Molestation 2 A A 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 46

9 Seriousness Level Statute (RW) Offense lass 9A ivil Disorder Training 9.68A.050(1) Dealing in Depictions of Minor Engaged in Sexually Explicit onduct 1 (Effective 6/10/2010) 9A Drive-by Shooting 79A (1) (c) Homicide by Watercraft - Disregard for the Safety of Others 9A (2)(a) Indecent Liberties - Without Forcible ompulsion 9A Introducing ontraband (3) Malicious Placement of an Explosive Negligently ausing Death y Use of a Signal Preemption Device 9.68A.060(1) Sending, ringing into the State Depictions of Minor Engaged in Sexually Explicit onduct (1) Unlawful Possession of a Firearm Use of Machine Gun in ommission of a Felony A (1)(c) Vehicular Homicide - Disregard for the Safety of Others A VI 9A (3)(a) ail Jumping with Murder 1 A 9A ribery 9A (1) Incest 1 9A Intimidating a Judge 9A Intimidating a Juror 9A Intimidating a Witness (1)(b) Malicious Placement of an Imitation Device A.070(1) Possession of Depictions of Minor Engaged in Sexually Explicit onduct 1 9A Rape of a hild 3 9A Theft of a Firearm Unlawful Storage of Anhydrous Ammonia V 9A Abandonment of Dependent Persons 2 9A Advancing Money or Property for Extortionate Extension of redit 9A (3)(b) ail Jumping with lass A Felony 9A hild Molestation 3 9A riminal Mistreatment 2 9A ustodial Sexual Misconduct A.050(2) Dealing in Depictions of Minor Engaged in Sexually Explicit onduct 2 (Effective 6/10/2010) A 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 47

10 Seriousness Level Statute (RW) Offense lass Domestic Violence ourt Order Violation (6) Driving While Under the Influence of Intoxicating Liquor or any Drug (Effective 7/1/2007) 9A Extortion 1 9A Extortionate Extension of redit 9A Extortionate Means to ollect Extensions of redit 9A (2) Incest 2 9A (3)(a) Kidnapping 2 9A (3)(b) Kidnapping 2 With a Finding of Sexual Motivation A 9A Perjury Persistent Prison Misbehavior (6) Physical ontrol of a Vehicle While Under the Influence of Intoxicating Liquor or any Drug (Effective 7/1/2007) 9A Possession of a Stolen Firearm 9A Rape 3 9A (2)(a) Rendering riminal Assistance A.060(2) Sending, ringing into the State Depictions of Minor Engaged in Sexually Explicit onduct 2 9A Sexual Misconduct with a Minor 1 9A Sexually Violating Human Remains 9A Stalking 9A Taking Motor Vehicle Without Permission 1 IV 9A Arson 2 9A (2)(a) Assault 2 9A (2)(b) Assault 2 With a Finding of Sexual Motivation A 9A (1)(h) Assault 3 - Of a Police Officer with a Projectile Stun Gun 79A Assault by Watercraft 9A ribe Received by Witness 9A ribing a Witness heating 1 9A ommercial ribery (4) ounterfeiting Endanger Public Health or Safety 9A Endangerment With a ontrolled Substance 9A Escape (4)(b) Hit and Run - Injury 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 48

11 Seriousness Level Statute (RW) Offense lass 79A (3) Hit and Run with Vessel - Injury Accident (2) Identity Theft 1 9A (2)(c) Indecent Exposure to a Person Age 14 (Subsequent onviction or Has Prior Sex Offense onviction) 9A Influencing Outcome of Sporting Event 9A Malicious Harassment 9.68A.070(2) Possession of Depictions of Minor Engaged in Sexually Explicit onduct 2 9A Residential urglary 9A Robbery 2 9A Theft of Livestock Threats to omb 9A Trafficking in Stolen Property 1 9A (4)(b) Unlawful Factoring of a redit or Payment ard Transaction (Subsequent Violation) (3) Unlawful Transaction of Health overage as Health are Service ontractor (3) Unlawful Transaction of Health overage as Health Maintenance Organization (3) Unlawful Transaction of Insurance usiness (2) Unlicensed Practice as an Insurance Professional 9A (1-2) Use of Proceeds of riminal Profiteering (1) (a) & (b) Vehicular Assault In a Reckless Manner or While Under the Influence of Intoxicating Liquor or any Drug 9.68A.075(1) Viewing Depictions of Minor Engaged in Sexually Explicit onduct 1 (Effective 6/10/2010) Willful Failure to Return from Furlough (Repealed July 1, 2001) * III (3) Animal ruelty 1 - Sexual ontact or onduct 9A (1) (a)-(g) & (i)-(j) Assault 3 Excluding Assault 3 of a Police Officer with a Projectile Stun Gun 9A Assault of a hild 3 9A (3)(c) ail Jumping with lass or Felony 9A urglary A.090(2) ommunication with Minor for Immoral Purposes (Subsequent Violation or Prior Sex Offense onviction) 9A riminal Gang Intimidation 9A ustodial Assault 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 49

12 Seriousness Level Statute (RW) Offense lass (3) yberstalking (With Prior Harassment onviction or Threat of Death) 9A Escape 2 9A Extortion 2 9A (2)(b) Harassment (Subsequent onviction or Threat of Death) 9A Intimidating a Public Servant 9A Introducing ontraband Malicious Injury to Railroad Property Mortgage Fraud Negligently ausing Substantial odily Harm y Use of a Signal Preemption Device 9A (2) Organized Retail Theft 1 9A Perjury Possession of Incendiary Device Possession of Machine Gun, Short-barreled Shotgun or Short-barreled Rifle 9A Promoting Prostitution 2 9A (2) Retail Theft with Extenuating ircumstances Securities Act Violation 9A Tampering with a Witness (2) Telephone Harassment (With Prior Harassment onviction or Threat of Death) 9A Theft of Livestock 2 9A (2) Theft with Intent to Resell 1 9A Trafficking in Stolen Property 2 9A Unlawful Imprisonment (2) Unlawful Possession of a Firearm (1)(c) Vehicular Assault - Disregard for the Safety of Others Willful Failure to Return from Work Release (Repealed July 1, 2001) * II 9A omputer Trespass (3) ounterfeiting Third onviction and Value Greater than $10, Escape from ommunity ustody Equity Skimming* 9A (1)(a) Failure to Register as a Sex Offender (Second Violation ommitted on or After 6/10/2010) 9A (1)(a) Failure to Register as a Sex Offender (Subsequent Violation ommitted on or After 6/7/2006 but efore 6/10/2010) 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 50

13 Seriousness Level Statute (RW) Offense lass 9A (1)(b) Failure to Register as a Sex Offender (Third or Subsequent Violation ommitted on or After 6/10/2010) Health are False laims (3) Identity Theft Improperly Obtaining Financial Information 9A Malicious Mischief 1 9A (3) Organized Retail Theft 2 9A Possession of a Stolen Vehicle 9A Possession of Stolen Property 1 (Other Than Firearm or Motor Vehicle) 9A (3) Retail Theft with Extenuating ircumstances 2 9A Theft 1 (Excluding Firearm and Motor Vehicle) 9A Theft of a Motor Vehicle 9A (5)(a) Theft of Rental, Leased, Lease-purchased or Loaned Property (Valued at $5,000 or More) 9A (3) Theft with Intent to Resell A.015 Trafficking in Insurance laims (Subsequent Violation) 9A (4)(a) Unlawful Factoring of a redit or Payment ard Transaction Unlawful Practice of Law (Subsequent Violation) (7) Unlicensed Practice of a Profession or usiness (Subsequent Violation) (b) 9A Voyeurism I Attempting to Elude Pursuing Police Vehicle (2) False Verification for Welfare 9A Forgery 9A Fraudulent reation or Revocation of Mental Health Advance Directive 9A Malicious Mischief Mineral Trespass 9A Possession of Stolen Property 2 (Other Than Firearm or Motor Vehicle) 9A Reckless urning 1 9A Taking Motor Vehicle Without Permission 2 9A Theft 2 (Excluding Firearm and Motor Vehicle) 9A (5)(b) Theft of Rental, Leased, Lease-purchased or Loaned Property (Valued at $750 or More but Less Than $5,000) (4) Transaction of Insurance usiness eyond the Scope of Licensure (Violation of RW ) 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 51

14 Seriousness Level Statute (RW) Offense lass 9A (4) Unlawful Issuance of hecks or Drafts (Value Greater Than $750) 9A (3) Unlawful Possession of a Personal Identification Device 9A (4) Unlawful Possession of Fictitious Identification 9A (5) Unlawful Possession of Instruments of Financial Fraud 9A (2) Unlawful Possession of Payment Instruments 9A (1) Unlawful Production of Payment Instruments Unlawful Redemption of Food Stamps (1) Unlawful Trafficking in Food Stamps 9A Vehicle Prowl 1 *Equity Skimming is not found on the offense list under RW 9.94A.518. RW language states Equity skimming shall be classified as a level II offense under chapter 9.94A RW,... so it was included in this list Washington State Adult Sentencing Guidelines Manual Part Two - Page 52

15 SEX OFFENSES RW (46) Statute (RW) Offense lass Seriousness Level 9A (2)(b) Assault 2 With a Finding of Sexual Motivation A IV 9A hild Molestation 1 A X 9A (3)(a) hild Molestation 1 riminal Attempt A X 9A (2) hild Molestation 1 riminal Solicitation A X 9A hild Molestation 2 VII 9A hild Molestation 3 V 9.68A.100 ommercial Sexual Abuse of a Minor VIII 9.68A.090(2) ommunication with Minor for Immoral Purposes (Subsequent III Violation or Prior Sex Offense onviction) 9A riminal Trespass Against hildren Unranked 9A ustodial Sexual Misconduct 1 V 9.68A.050(1) Dealing in Depictions of Minor Engaged in Sexually Explicit onduct 1 (Effective 6/10/2010) 9.68A.050(2) Dealing in Depictions of Minor Engaged in Sexually Explicit onduct 2 (Effective 6/10/2010) 9A (1)(a) 9A (1)(b) Failure to Register as a Sex Offender (Second Violation ommitted on or After 6/10/2010) Failure to Register as a Sex Offender (Third or Subsequent Violation ommitted on or After 6/10/2010) 9A (1) Incest 1 VI 9A (2) Incest 2 V 9A (2)(b) Indecent Liberties - With Forcible ompulsion A X 9A (3)(a) Indecent Liberties - With Forcible ompulsion riminal Attempt A * 9A (2) Indecent Liberties - With Forcible ompulsion riminal Solicitation A * 9A (2)(a) Indecent Liberties - Without Forcible ompulsion VII 9A (3)(b) Kidnapping 2 With a Finding of Sexual Motivation A V 9.68A.070(1) Possession of Depictions of Minor Engaged in Sexually Explicit onduct VI A.070(2) Possession of Depictions of Minor Engaged in Sexually Explicit onduct IV A.101 Promoting ommercial Sexual Abuse of a Minor A XII 9.68A.102 Promoting Travel for ommercial Sexual Abuse of a Minor Unranked 9A Rape 1 A XII 9A (3)(a) Rape 1 riminal Attempt A XII VII V II II 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 62

16 Statute (RW) Offense lass Seriousness Level 9A (2) Rape 1 riminal Solicitation A XII 9A Rape 2 A XI 9A (3)(a) Rape 2 riminal Attempt A XI 9A (2) Rape 2 riminal Solicitation A XI 9A Rape 3 V 9A Rape of a hild 1 A XII 9A (3)(a) Rape of a hild 1 riminal Attempt A XII 9A (2) Rape of a hild 1 riminal Solicitation A XII 9A Rape of a hild 2 A XI 9A (3)(a) Rape of a hild 2 riminal Attempt A XI 9A (2) Rape of a hild 2 riminal Solicitation A XI 9A Rape of a hild 3 VI 9.68A.060(1) 9.68A.060(2) Sending, ringing into the State Depictions of Minor Engaged in Sexually Explicit onduct 1 Sending, ringing into the State Depictions of Minor Engaged in Sexually Explicit onduct A.040 Sexual Exploitation of a Minor IX 9A Sexual Misconduct with a Minor 1 V 9A Sexually Violating Human Remains V 9.68A.075(1) Viewing Depictions of Minor Engaged in Sexually Explicit onduct 1 (Effective 6/10/2010) 9.68A.075(2) Viewing Depictions of Minor Engaged in Sexually Explicit onduct 2 (6/10/2010) VII V IV Unranked 9A Voyeurism II Attempt, Solicitation or onspiracy to commit a class A felony Any felony with a finding of sexual motivation under RW 9.94A.835 or Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in RW 9.94A.030(46)(a) Any federal or out-of-state conviction for an offense that, under the laws of this state, would be a felony classified as a serious violent offense 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 63

17 MOST SERIOUS OFFENSES (PERSISTENT OFFENDER THREE STRIKES ) RW (32) Statute (RW) Offense lass Seriousness Level Aggravated Murder 1 A XVI 9A Arson 1 A VIII 9A (2) Arson 1 riminal Solicitation A VIII 9A Assault 1 A XII 9A (2)(a) Assault 2 IV 9A (2)(b) Assault 2 With a Finding of Sexual Motivation A IV 9A Assault of a hild 1 A XII 9A Assault of a hild 2 IX 9A (3)(a) ail Jumping with Murder 1 A VI 9A urglary 1 A VII 9A hild Molestation 1 A X 9A (2) hild Molestation 1 riminal Solicitation A X 9A hild Molestation 2 VII (2) oerce Patient to Request Life-ending Medication A Unranked ontrolled Substance Homicide DG-III Explosive Devices Prohibited A IX 9A Extortion 1 V (1) Forging Request for Medication A Unranked 9A Homicide by Abuse A XV 79A (1) (c) 79A (1) (b) 79A (1) (a) Homicide by Watercraft - Disregard for the Safety of Others A VII Homicide by Watercraft In a Reckless Manner A VIII Homicide by Watercraft While Under the Influence of Intoxicating Liquor or any Drug 9A (1) Incest 1 (When ommitted Against a hild Under 14) VI 9A (2) Incest 2 (When ommitted Against a hild Under 14) V 9A (2)(b) Indecent Liberties - With Forcible ompulsion A X 9A (2) Indecent Liberties - With Forcible ompulsion riminal Solicitation A X 9A (2)(a) Indecent Liberties - Without Forcible ompulsion VII 9A Kidnapping 1 A X 9A (3)(a) Kidnapping 2 V 9A (3)(b) Kidnapping 2 With a Finding of Sexual Motivation A V A IX 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 65

18 Statute (RW) Offense lass Seriousness Level 9A (2)(b) Leading Organized rime - Inciting riminal Profiteering IX 9A (2)(a) Leading Organized rime Organizing riminal Profiteering A X (1) Malicious Explosion of a Substance 1 A XV (2) Malicious Explosion of a Substance 2 A XIII (1) Malicious Placement of an Explosive 1 A XIII 9A Manslaughter 1 A XI 9A Manslaughter 2 VIII 9A Murder 1 A XV 9A (3)(a) Murder 1 - riminal onspiracy A XV 9A (2) Murder 1 riminal Solicitation A XV 9A Murder 2 A XIV 9A (2) Murder 2 riminal Solicitation A XIV (1) Over 18 and Deliver Heroin, Methamphetamine, a Narcotic from Schedule I or II, or Flunitrazepam from Schedule IV to Someone Under 18 A DG-III 9.68A.101 Promoting ommercial Sexual Abuse of a Minor A XII 9A Promoting Prostitution 1 VIII 9A Rape 1 A XII 9A (2) Rape 1 riminal Solicitation A XII 9A Rape 2 A XI 9A (2) Rape 2 riminal Solicitation A XI 9A Rape 3 V 9A Rape of a hild 1 A XII 9A (2) Rape of a hild 1 riminal Solicitation A XII 9A Rape of a hild 2 A XI 9A (2) Rape of a hild 2 riminal Solicitation A XI 9A Robbery 1 A IX 9A Robbery 2 IV 9.68A.040 Sexual Exploitation of a Minor IX 9A Sexually Violent Predator Escape A X 9A (1) Trafficking 1 A XIV 9A (2) Trafficking 2 A XII Treason A Unranked Use of Machine Gun in ommission of a Felony A VII (1) (a) & (b) Vehicular Assault In a Reckless Manner or While Under the Influence of Intoxicating Liquor or any Drug IV 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 66

19 Statute (RW) Offense lass Seriousness Level (1)(c) Vehicular Homicide - Disregard for the Safety of Others A VII (1)(b) Vehicular Homicide In a Reckless Manner A VIII (1)(a) Vehicular Homicide While Under the Influence of Intoxicating Liquor A IX or any Drug Any class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony Any other class felony offense with a finding of sexual motivation Any other felony with a deadly weapon verdict under RW 9.94A.825 Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection A prior conviction for indecent liberties under **RW 9A (1) (a), (b), and (c), chapter 260, Laws of st ex. sess. as it existed until July 1, 1979, RW 9A (1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RW 9A (1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988 A prior conviction for indecent liberties under RW 9A (1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or () the relationship between the victim and perpetrator is included in the definition of indecent liberties under RW 9A (1)(c) as it existed from July 1, 1988, through July 27, 1997, or RW 9A (1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997 Any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was ten years or more; provided that the out-of-state felony offense must be comparable to a felony offense under Title 9 or 9A RW and the out-of-state definition of sexual motivation must be comparable to the definition of sexual motivation contained in this section 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 67

20 PERSISTENT OFFENDER OFFENSES ( TWO STRIKES ) RW 9.94A.030(37)(b) Statute (RW) Offense lass Seriousness Level 9A Assault 1 With a Finding of Sexual Motivation A XII 9A (2)(b) Assault 2 With a Finding of Sexual Motivation A IV 9A Assault of a hild 1 With a Finding of Sexual Motivation A XII 9A Assault of a hild 2 With a Finding of Sexual Motivation IX 9A urglary 1 With a Finding of Sexual Motivation A VII 9A hild Molestation 1 (where the offender was age 18 or older at the time A X of the offense) 9A Homicide by Abuse With a Finding of Sexual Motivation A XV 9A (2)(b) Indecent Liberties - With Forcible ompulsion A X 9A Kidnapping 1 With a Finding of Sexual Motivation A X 9A (3)(b) Kidnapping 2 With a Finding of Sexual Motivation A V 9A Murder 1 With a Finding of Sexual Motivation A XV 9A Murder 2 With a Finding of Sexual Motivation A XIV 9A Rape 1 A XII 9A Rape 2 A XI 9A Rape of a hild 1 (where the offender was age 18 or older at the time of A XII the offense) 9A Rape of a hild 2 (where the offender was age 18 or older at the time of the offense) A XI Attempt to commit one of these felonies Has a prior conviction for any offense listed above and is convicted of any sex offense other than failure to register Washington State Adult Sentencing Guidelines Manual Part Two - Page 68

21 REGISTRALE OFFENSES RW 9A For further information on duration of registration and relief from registration, refer to RW 9A through RW 9A If the offender is required to register for a federal or out-of-state conviction, when the offender has spent 15 consecutive years in the community without being convicted of a disqualifying offense during that time, the offender may petition the court for relief from registration. Seriousness Statute (RW) Offense lass Level LIFETIME REGISTRATION 9A (2)(b) Assault 2 With a Finding of Sexual Motivation A IV 9A hild Molestation 1 A X 9A (3)(a) hild Molestation 1 riminal Attempt A X 9A (2) hild Molestation 1 riminal Solicitation A X 9A (2) Indecent Liberties - With Forcible ompulsion riminal Solicitation A * 9A (2)(b) Indecent Liberties - With Forcible ompulsion A X 9A (3)(a) Indecent Liberties - With Forcible ompulsion riminal Attempt A * 9A (3)(b) Kidnapping 2 With a Finding of Sexual Motivation A V 9.68A.101 Promoting ommercial Sexual Abuse of a Minor A XII 9A Rape 1 A XII 9A (3)(a) Rape 1 riminal Attempt A XII 9A (2) Rape 1 riminal Solicitation A XII 9A Rape 2 A XI 9A (3)(a) Rape 2 riminal Attempt A XI 9A (2) Rape 2 riminal Solicitation A XI 9A Rape of a hild 1 A XII 9A (3)(a) Rape of a hild 1 riminal Attempt A XII 9A (2) Rape of a hild 1 riminal Solicitation A XII 9A Rape of a hild 2 A XI 9A (3)(a) Rape of a hild 2 riminal Attempt A XI 9A (2) Rape of a hild 2 riminal Solicitation A XI Any offense listed under RW 9A (5) Any sex or kidnapping offense when the defendant already has one or more prior convictions for a sex or kidnapping offense 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 74

22 Statute (RW) Offense lass 15 YEAR REGISTRATION Seriousness Level Duty to register shall end fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of a disqualifying offense during that time period. 9.68A.040 Sexual Exploitation of a Minor IX 9.68A.050(1) Dealing in Depictions of Minor Engaged in Sexually Explicit onduct 1 (Effective 6/10/2010) 9.68A.060(1) 9.68A.070(1) Sending, ringing into the State Depictions of Minor Engaged in Sexually Explicit onduct 1 Possession of Depictions of Minor Engaged in Sexually Explicit onduct A.075(1) Viewing Depictions of Minor Engaged in Sexually Explicit onduct 1 IV (Effective 6/10/2010) 9.68A.100 ommercial Sexual Abuse of a Minor VIII 9A hild Molestation 2 VII 9A (2)(a) Indecent Liberties - Without Forcible ompulsion VII 9A (1)(b) Failure to Register as a Sex Offender (Third or Subsequent Violation II ommitted on or After 6/10/2010) 9A (1) Incest 1 VI No prior convictions for a sex or kidnapping offense urrent offense is not listed in RW 9A (5) 10 Year Registration Duty to register shall end fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of a disqualifying offense during that time period. 9.68A.050(2) Dealing in Depictions of Minor Engaged in Sexually Explicit onduct 2 (Effective 6/10/2010) 9.68A.060(2) 9.68A.070(2) Sending, ringing into the State Depictions of Minor Engaged in Sexually Explicit onduct 2 Possession of Depictions of Minor Engaged in Sexually Explicit onduct A.075(2) Viewing Depictions of Minor Engaged in Sexually Explicit onduct 2 (6/10/2010) 9.68A.090(2) ommunication with Minor for Immoral Purposes (Subsequent Violation or Prior Sex Offense onviction) VII VII VI V V IV Unranked 9.68A.102 Promoting Travel for ommercial Sexual Abuse of a Minor Unranked 9A Rape 3 V 9A Rape of a hild 3 VI III 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 75

23 Statute (RW) Offense lass Seriousness Level 9A hild Molestation 3 V 9A Sexual Misconduct with a Minor 1 V 9A Sexually Violating Human Remains V 9A Voyeurism II 9A (1)(a) Failure to Register as a Sex Offender (Second Violation ommitted on or After 6/10/2010) II 9A ustodial Sexual Misconduct 1 V 9A riminal Trespass Against hildren Unranked 9A (2) Incest 2 V Violation of RW 9.68A.090 Violation of RW 9A Attempt, solicitation or conspiracy to commit a class sex offense urrent offense is not listed in RW 9A (5) 2011 Washington State Adult Sentencing Guidelines Manual Part Two - Page 76