AN ACT Relating to crimes involving chemical, biological, explosive, incendiary, flammable, or radiological substances or devices; amending RCW 10.95.020 and 13.40.0357; reenacting and amending RCW 9.94A.030 and 9.94A.515; adding a new chapter to Title 9A RCW; repealing RCW 9.61.160, 9.61.170, 9.61.180, 70.74.270, 70.74.272, 70.74.275, and 70.74.280; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Device" means any apparatus, appliance, contrivance, or contraption that is assembled, fabricated, or manufactured with any chemical, biological, explosive, incendiary, flammable, or radiological substance that is destructive, lethal, or noxious, and that is designed or intended to disfigure, damage, destroy, distract, or harass.

(2) "Imitation, fake, or hoax substance or device" means any substance or device that is not a chemical, biological, explosive, incendiary, flammable, or radiological substance or device, but that by appearance or representation would lead a reasonable person to believe that the device or substance is a chemical, biological, explosive, incendiary, flammable, or radiological substance or device.

(3) "Biological agent" means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus infectious substance, biological product, or toxin or vector, capable of causing:

(a) Death, disease, or other biological malfunction in a human, an animal, a plant, or another microorganism; or

(b) Deterioration of food, water equipment, supplies, or material of any kind; or

(4) "Chemical agent" means any weapon, device, material, or substance that is designed or intended to cause widespread death or physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or precursors of toxic or poisonous materials.

(5) "Radioactive material" means any material containing, emitting, or otherwise releasing radiation or radioactivity at a level dangerous to human life.

(6) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whether its origin or method of production, including:

(a) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or

(b) Any poisonous isomer or biological product, homolog, or derivative of such a substance.

(7) "Vector" means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.

(8) For the purposes of this section, "explosive" has the same meaning as provided in RCW 70.74.010(3).

NEW SECTION. Sec. 2. MALICIOUS DETONATION OR RELEASE OF A CHEMICAL, BIOLOGICAL, EXPLOSIVE, INCENDIARY, FLAMMABLE, OR RADIOLOGICAL SUBSTANCE OR DEVICE. Any person who maliciously, by the detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device, disfigures, damages, destroys, or contaminates any building, vehicle, roadway, bridge, ferry, vessel, canal, train, railroad track, airplane, public or private electric, water, sewer, gas, telecommunications, or other utility production or transmission facility, structure or equipment, computer system or network, or any other structure, utility, common carrier, or mode of transportation, is guilty of:

(1) Malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree if the offense is committed with intent to commit a terrorist act, or to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act. Malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree is a class A felony;

(2) Malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree if the offense is committed under circumstances not amounting to malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree and if thereby the life or safety of a human being is endangered. Malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree is a class A felony;

(3) Malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree if the offense is committed under circumstances not amounting to malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first or second degree. Malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree is a class B felony.

For the purposes of this section, "terrorist act" has the same meaning as provided in RCW 70.74.285.

NEW SECTION. Sec. 3. MALICIOUS PLACEMENT OF A CHEMICAL, BIOLOGICAL, EXPLOSIVE, INCENDIARY, FLAMMABLE, OR RADIOLOGICAL SUBSTANCE OR DEVICE. Any person who maliciously places a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in, upon, under, against, or near any building, vehicle, roadway, bridge, ferry, vessel, canal, train, railroad track, airplane, public or private electric, water, sewer, gas, telecommunications, or other utility production or transmission facility, structure or equipment, computer system or network, or any other structure, utility, common carrier, or mode of transportation, in such manner or under such circumstances as to destroy, contaminate, damage, or injure it if diffused, ignited, or exploded is guilty of:

(1) Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree if the offense is committed with intent to commit a terrorist act, or to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act. Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree is a class A felony;

(2) Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree if the offense is committed under circumstances not amounting to malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree and if thereby the life or safety of a human being is endangered. Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree is a class B felony;

(3) Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree if the offense is committed under circumstances not amounting to malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first or second degree. Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree is a class B felony.

For the purposes of this section, "terrorist act" has the same meaning as provided in RCW 70.74.285.

NEW SECTION. Sec. 4. MALICIOUS PLACEMENT OF AN IMITATION, FAKE, OR HOAX CHEMICAL, BIOLOGICAL, EXPLOSIVE, INCENDIARY, FLAMMABLE, OR RADIOLOGICAL SUBSTANCE OR DEVICE. Any person who maliciously places an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in, upon, under, against, or near any building, vehicle, roadway, bridge, ferry, vessel, canal, train, railroad track, airplane, public or private electric, water, sewer, gas, telecommunications, or other utility production or transmission facility, structure or equipment, computer system or network, or any other structure, utility, common carrier, or mode of transportation, with the intent to give the appearance or impression that the imitation, fake, or hoax substance or device is a chemical, biological, explosive, incendiary, flammable, or radiological substance or device, is guilty of:

(1) Malicious placement of an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree if the offense is committed with intent to commit a terrorist act, or to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act. Malicious placement of an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree is a class B felony;

(2) Malicious placement of an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree if the offense is committed under circumstances not amounting to malicious placement of an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree. Malicious placement of an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree is a class C felony.

For the purposes of this section, "terrorist act" has the same meaning as provided in RCW 70.74.285.

NEW SECTION. Sec. 5. MALICIOUS INTIMIDATION OR HARASSMENT WITH A CHEMICAL, BIOLOGICAL, EXPLOSIVE, INCENDIARY, FLAMMABLE, OR RADIOLOGICAL SUBSTANCE OR DEVICE. Any person who maliciously exhibits a chemical, biological, explosive, incendiary, flammable, or radiological substance or device who intends to, and does, intimidate or harass a person is guilty of:

(1) Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree if the offense is committed to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act. Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree is a class A felony;

(2) Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree if the offense is committed under circumstances not amounting to malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree and if thereby the life or safety of a human being is endangered. Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree is a class B felony;

(3) Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree if the offense is committed under circumstances not amounting to malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first or second degree. Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree is a class C felony.

For the purposes of this section, "terrorist act" has the same meaning as provided in RCW 70.74.285.

NEW SECTION. Sec. 6. MALICIOUS INTIMIDATION OR HARASSMENT WITH AN IMITATION, FAKE, OR HOAX CHEMICAL, BIOLOGICAL, EXPLOSIVE, INCENDIARY, FLAMMABLE, OR RADIOLOGICAL SUBSTANCE OR DEVICE. Any person who maliciously exhibits an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device, and who intends to, and does, intimidate or harass a person, is guilty of:

(1) Malicious intimidation or harassment with an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree if the offense is committed to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act. Malicious intimidation or harassment with an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree is a class B felony;

(2) Malicious intimidation or harassment with an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree if the offense is committed under circumstances not amounting to malicious intimidation or harassment with an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree. Malicious intimidation or harassment with an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree is a class C felony.

For the purposes of this section, "terrorist act" has the same meaning as provided in RCW 70.74.285.

NEW SECTION. Sec. 7. MALICIOUS THREAT TO USE A CHEMICAL, BIOLOGICAL, EXPLOSIVE, INCENDIARY, FLAMMABLE, OR RADIOLOGICAL SUBSTANCE OR DEVICE. Any person who maliciously threatens to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device against any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or communicates or repeats any information concerning any such threatened use, knowing such information to be false and with intent to alarm the person or persons to whom the information is communicated or repeated is guilty of:

(1) Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree if the offense is committed to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act. Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree is a class B felony;

(2) Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree if the offense is committed under circumstances not amounting to malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first degree and if thereby the life or safety of a human being is endangered. Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the second degree is a class B felony;

(3) Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree if the offense is committed under circumstances not amounting to malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the first or second degree. Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device in the third degree is a class C felony.

It is not a defense to any prosecution under this section that the threat was a hoax.

For the purposes of this section, "terrorist act" has the same meaning as provided in RCW 70.74.285.

Sec. 8. RCW 10.95.020 and 1998 c 305 s 1 are each amended to read as follows:

A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:

(1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;

(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;

(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;

(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;

(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;

(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;

(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;

(8) The victim was:

(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and

(b) The murder was related to the exercise of official duties performed or to be performed by the victim;

(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;

(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;

(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:

(a) Robbery in the first or second degree;

(b) Rape in the first or second degree;

(d) Kidnapping in the first degree; or

(e) Arson in the first degree;

(12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;

(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;

(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:

(a) Harassment as defined in RCW 9A.46.020; or

(b) Any criminal assault.

Sec. 9. RCW 9.94A.030 and 2001 2nd sp.s. c 12 s 301, 2001 c 300 s 3, and 2001 c 7 s 2 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.

(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

(3) "Commission" means the sentencing guidelines commission.

(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.

(6) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.850, for crimes committed on or after July 1, 2000.

(7) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

(8) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

(9) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

(10) "Confinement" means total or partial confinement.

(11) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

(12) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

(13) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

(14) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

(15) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.

(16) "Department" means the department of corrections.

(17) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

(18) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

(19) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.

(20) "Drug offense" means:

(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

(21) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.

(22) "Escape" means:

(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

(23) "Felony traffic offense" means:

(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

(24) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

(25) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.

(26) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

(27) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.

(28) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

(b) Assault in the second degree;

(d) Child molestation in the second degree;

(e) Controlled substance homicide;

(f) Extortion in the first degree;

(g) Incest when committed against a child under age fourteen;

(h) Indecent liberties;

(i) Kidnapping in the second degree;

(j) Leading organized crime;

(k) Manslaughter in the first degree;

(l) Manslaughter in the second degree;

(m) Promoting prostitution in the first degree;

(n) Rape in the third degree;

(o) Robbery in the second degree;

(p) Sexual exploitation;

(q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;

(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(s) Any other class B felony offense with a finding of sexual motivation;

(t) Any other felony with a deadly weapon verdict under RCW 9.94A.602;

(u) 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;

(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

(ii) A prior conviction for indecent liberties under RCW 9A.44.100(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 (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

(29) "Nonviolent offense" means an offense which is not a violent offense.

(30) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

(31) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.

(32) "Persistent offender" is an offender who:

(a)(i) Has been convicted in this state of any felony considered a most serious offense; and

(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of 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 child in the first degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (32)(b)(i); and

(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.

(33) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

(34) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.

(35) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.

(36) "Serious traffic offense" means:

(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

(37) "Serious violent offense" is a subcategory of violent offense and means:

(a)(i) Murder in the first degree;

(ii) Homicide by abuse;

(iii) Murder in the second degree;

(iv) Manslaughter in the first degree;

(v) Assault in the first degree;

(vi) Kidnapping in the first degree;

(vii) Rape in the first degree;

(viii) Assault of a child in the first degree; or

(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

(b) 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 under (a) of this subsection.

(38) "Sex offense" means:

(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(11);

(ii) A violation of RCW 9A.64.020;

(iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.070 or 9.68A.080; or

(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

(b) 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 (a) of this subsection;

(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

(39) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

(40) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

(41) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.

(42) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

(43) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

(44) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

(45) "Violent offense" means:

(a) Any of the following felonies:

(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;

(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;

(iii) Manslaughter in the first degree;

(iv) Manslaughter in the second degree;

(v) Indecent liberties if committed by forcible compulsion;

(vi) Kidnapping in the second degree;

(vii) Arson in the second degree;

(viii) Assault in the second degree;

(ix) Assault of a child in the second degree;

(x) Extortion in the first degree;

(xi) Robbery in the second degree;

(xii) Drive-by shooting;

(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and

(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(b) 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 violent offense in (a) of this subsection; and

(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

(46) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.

(47) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

(48) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.

Sec. 10. RCW 9.94A.515 and 2001 2nd sp.s. c 12 s 361, 2001 c 300 s 4, 2001 c 217 s 12, and 2001 c 17 s 1 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XVIAggravated Murder 1 (RCW 10.95.020)

XVHomicide by abuse (RCW 9A.32.055)

((~~Malicious explosion 1 (RCW 70.74.280(1))~~))

Malicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 1 (section 2(1) of this act)

Murder 1 (RCW 9A.32.030)

XIVMalicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 2 (section 2(2) of this act)

Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 1 (section 3(1) of this act)

Murder 2 (RCW 9A.32.050)

XIII((~~Malicious explosion 2 (RCW 70.74.280(2))~~

~~Malicious placement of an explosive 1 (RCW 70.74.270(1))~~))

Malicious placement of an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device 1 (section 4(1) of this act)

XIIAssault 1 (RCW 9A.36.011)

Assault of a Child 1 (RCW 9A.36.120)

((~~Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))~~))

Rape 1 (RCW 9A.44.040)

Rape of a Child 1 (RCW 9A.44.073)

XIMalicious detonation or release of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 3 (section 2(3) of this act)

Manslaughter 1 (RCW 9A.32.060)

Rape 2 (RCW 9A.44.050)

Rape of a Child 2 (RCW 9A.44.076)

XChild Molestation 1 (RCW 9A.44.083)

Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

Kidnapping 1 (RCW 9A.40.020)

Leading Organized Crime (RCW 9A.82.060(1)(a))

((~~Malicious explosion 3 (RCW 70.74.280(3))~~))

Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 2 (section 3(2) of this act)

Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

Sexually Violent Predator Escape (RCW 9A.76.115)

IXAssault of a Child 2 (RCW 9A.36.130)

Controlled Substance Homicide (RCW 69.50.415)

Explosive devices prohibited (RCW 70.74.180)

Hit and Run‑-Death (RCW 46.52.020(4)(a))

Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)

Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

((~~Malicious placement of an explosive 2 (RCW 70.74.270(2))~~))

Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

Robbery 1 (RCW 9A.56.200)

Sexual Exploitation (RCW 9.68A.040)

Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIIIArson 1 (RCW 9A.48.020)

Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)

Malicious placement of a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 3 (section 3(3) of this act)

Manslaughter 2 (RCW 9A.32.070)

Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

Promoting Prostitution 1 (RCW 9A.88.070)

Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

Theft of Anhydrous Ammonia (RCW 69.55.010)

Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

VIIBurglary 1 (RCW 9A.52.020)

Child Molestation 2 (RCW 9A.44.086)

Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

Drive-by Shooting (RCW 9A.36.045)

Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)

Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

Introducing Contraband 1 (RCW 9A.76.140)

Involving a minor in drug dealing (RCW 69.50.401(f))

((~~Malicious placement of an explosive 3 (RCW 70.74.270(3))~~))

Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 1 (section 5(1) of this act)

Malicious placement of an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device 2 (section 4(2) of this act)

Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 1 (section 7(1) of this act)

Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

VIBail Jumping with Murder 1 (RCW 9A.76.170(3)(a))

Bribery (RCW 9A.68.010)

Incest 1 (RCW 9A.64.020(1))

Intimidating a Judge (RCW 9A.72.160)

Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

((~~Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))~~))

Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 2 (section 5(2) of this act)

Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 2 (section 7(2) of this act)

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

Rape of a Child 3 (RCW 9A.44.079)

Theft of a Firearm (RCW 9A.56.300)

Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)

VAbandonment of dependent person 1 (RCW 9A.42.060)

Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))

Child Molestation 3 (RCW 9A.44.089)

Criminal Mistreatment 1 (RCW 9A.42.020)

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

Extortion 1 (RCW 9A.56.120)

Extortionate Extension of Credit (RCW 9A.82.020)

Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

Incest 2 (RCW 9A.64.020(2))

Kidnapping 2 (RCW 9A.40.030)

Malicious intimidation or harassment with a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 3 (section 5(3) of this act)

Malicious intimidation or harassment with an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device 1 (section 6(1) of this act)

Malicious threat to use a chemical, biological, explosive, incendiary, flammable, or radiological substance or device 3 (section 7(3) of this act)

Perjury 1 (RCW 9A.72.020)

Persistent prison misbehavior (RCW 9.94.070)

Possession of a Stolen Firearm (RCW 9A.56.310)

Rape 3 (RCW 9A.44.060)

Rendering Criminal Assistance 1 (RCW 9A.76.070)

Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

Sexually Violating Human Remains (RCW 9A.44.105)

Stalking (RCW 9A.46.110)

IVArson 2 (RCW 9A.48.030)

Assault 2 (RCW 9A.36.021)

Assault by Watercraft (RCW 79A.60.060)

Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

Commercial Bribery (RCW 9A.68.060)

Counterfeiting (RCW 9.16.035(4))

Escape 1 (RCW 9A.76.110)

Hit and Run‑-Injury (RCW 46.52.020(4)(b))

Hit and Run with Vessel‑-Injury Accident (RCW 79A.60.200(3))

Identity Theft 1 (RCW 9.35.020(2)(a))

Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

Influencing Outcome of Sporting Event (RCW 9A.82.070)

Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

Malicious Harassment (RCW 9A.36.080)

Malicious intimidation or harassment with an imitation, fake, or hoax chemical, biological, explosive, incendiary, flammable, or radiological substance or device 2 (section 6(2) of this act)

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

Residential Burglary (RCW 9A.52.025)

Robbery 2 (RCW 9A.56.210)

Theft of Livestock 1 (RCW 9A.56.080)

((~~Threats to Bomb (RCW 9.61.160)~~))

Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)

Willful Failure to Return from Furlough (RCW 72.66.060)

IIIAbandonment of dependent person 2 (RCW 9A.42.070)

Assault 3 (RCW 9A.36.031)

Assault of a Child 3 (RCW 9A.36.140)

Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))

Burglary 2 (RCW 9A.52.030)

Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

Criminal Gang Intimidation (RCW 9A.46.120)

Criminal Mistreatment 2 (RCW 9A.42.030)

Custodial Assault (RCW 9A.36.100)

Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

Escape 2 (RCW 9A.76.120)

Extortion 2 (RCW 9A.56.130)

Harassment (RCW 9A.46.020)

Intimidating a Public Servant (RCW 9A.76.180)

Introducing Contraband 2 (RCW 9A.76.150)

Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

Malicious Injury to Railroad Property (RCW 81.60.070)

Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

Perjury 2 (RCW 9A.72.030)

Possession of Incendiary Device (RCW 9.40.120)

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

Promoting Prostitution 2 (RCW 9A.88.080)

Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

Securities Act violation (RCW 21.20.400)

Tampering with a Witness (RCW 9A.72.120)

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

Theft of Livestock 2 (RCW 9A.56.080)

Unlawful Imprisonment (RCW 9A.40.040)

Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)

Willful Failure to Return from Work Release (RCW 72.65.070)

IIComputer Trespass 1 (RCW 9A.52.110)

Counterfeiting (RCW 9.16.035(3))

Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

Escape from Community Custody (RCW 72.09.310)

Health Care False Claims (RCW 48.80.030)

Identity Theft 2 (RCW 9.35.020(2)(b))

Improperly Obtaining Financial Information (RCW 9.35.010)

Malicious Mischief 1 (RCW 9A.48.070)

Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

Possession of phencyclidine (PCP) (RCW 69.50.401(d))

Possession of Stolen Property 1 (RCW 9A.56.150)

Theft 1 (RCW 9A.56.030)

Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

Trafficking in Insurance Claims (RCW 48.30A.015)

Unlawful Practice of Law (RCW 2.48.180)

Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

IAttempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

False Verification for Welfare (RCW 74.08.055)

Forged Prescription (RCW 69.41.020)

Forged Prescription for a Controlled Substance (RCW 69.50.403)

Forgery (RCW 9A.60.020)

Malicious Mischief 2 (RCW 9A.48.080)

Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

Possession of Stolen Property 2 (RCW 9A.56.160)

Reckless Burning 1 (RCW 9A.48.040)

Taking Motor Vehicle Without Permission (RCW 9A.56.070)

Theft 2 (RCW 9A.56.040)

Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 11. RCW 13.40.0357 and 2001 c 217 s 13 are each amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY

juvenile juvenile disposition

disposition category for attempt,

offense bailjump, conspiracy,

category description (rcw citation) or solicitation

........................................

Arson and Malicious Mischief

A Arson 1 (9A.48.020) B+

B Arson 2 (9A.48.030) C

C Reckless Burning 1 (9A.48.040) D

D Reckless Burning 2 (9A.48.050) E

B Malicious Mischief 1 (9A.48.070) C

C Malicious Mischief 2 (9A.48.080) D

D Malicious Mischief 3 (<$50 is

E class) (9A.48.090) E

E Tampering with Fire Alarm

Apparatus (9.40.100) E

A Possession of Incendiary Device

(9.40.120) B+

Assault and Other Crimes

Involving Physical Harm

A Assault 1 (9A.36.011) B+

B+ Assault 2 (9A.36.021) C+

C+ Assault 3 (9A.36.031) D+

D+ Assault 4 (9A.36.041) E

B+ Drive-By Shooting

(9A.36.045) C+

D+ Reckless Endangerment

(9A.36.050) E

C+ Promoting Suicide Attempt

(9A.36.060) D+

D+ Coercion (9A.36.070) E

C+ Custodial Assault (9A.36.100) D+

Burglary and Trespass

B+ Burglary 1 (9A.52.020) C+

B Residential Burglary

(9A.52.025) C

B Burglary 2 (9A.52.030) C

D Burglary Tools (Possession of)

(9A.52.060) E

D Criminal Trespass 1 (9A.52.070) E

E Criminal Trespass 2 (9A.52.080) E

C Vehicle Prowling 1 (9A.52.095) D

D Vehicle Prowling 2 (9A.52.100) E

Drugs

E Possession/Consumption of Alcohol

(66.44.270) E

C Illegally Obtaining Legend Drug

(69.41.020) D

C+ Sale, Delivery, Possession of Legend

Drug with Intent to Sell

(69.41.030) D+

E Possession of Legend Drug

(69.41.030) E

B+ Violation of Uniform Controlled

Substances Act - Narcotic,

Methamphetamine, or Flunitrazepam

Sale (69.50.401(a)(1) (i) or (ii)) B+

C Violation of Uniform Controlled

Substances Act - Nonnarcotic Sale

(69.50.401(a)(1)(iii)) C

E Possession of Marihuana <40 grams

(69.50.401(e)) E

C Fraudulently Obtaining Controlled

Substance (69.50.403) C

C+ Sale of Controlled Substance

for Profit (69.50.410) C+

E Unlawful Inhalation (9.47A.020) E

B Violation of Uniform Controlled

Substances Act - Narcotic,

Methamphetamine, or Flunitrazepam

Counterfeit Substances

(69.50.401(b)(1) (i) or (ii)) B

C Violation of Uniform Controlled

Substances Act - Nonnarcotic

Counterfeit Substances

(69.50.401(b)(1) (iii), (iv), (v)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(d)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(c)) C

Firearms and Weapons

B Theft of Firearm (9A.56.300) C

B Possession of Stolen Firearm

(9A.56.310) C

E Carrying Loaded Pistol Without

Permit (9.41.050) E

C Possession of Firearms by Minor (<18)

(9.41.040(1)(b)(iii)) C

D+ Possession of Dangerous Weapon

(9.41.250) E

D Intimidating Another Person by use

of Weapon (9.41.270) E

Homicide

A+ Murder 1 (9A.32.030) A

A+ Murder 2 (9A.32.050) B+

B+ Manslaughter 1 (9A.32.060) C+

C+ Manslaughter 2 (9A.32.070) D+

B+ Vehicular Homicide (46.61.520) C+

Kidnapping

A Kidnap 1 (9A.40.020) B+

B+ Kidnap 2 (9A.40.030) C+

C+ Unlawful Imprisonment

(9A.40.040) D+

Obstructing Governmental Operation

D Obstructing a Law Enforcement

Officer (9A.76.020) E

E Resisting Arrest (9A.76.040) E

B Introducing Contraband 1

(9A.76.140) C

C Introducing Contraband 2

(9A.76.150) D

E Introducing Contraband 3

(9A.76.160) E

B+ Intimidating a Public Servant

(9A.76.180) C+

B+ Intimidating a Witness

(9A.72.110) C+

Public Disturbance

C+ Riot with Weapon (9A.84.010) D+

D+ Riot Without Weapon

(9A.84.010) E

E Failure to Disperse (9A.84.020) E

E Disorderly Conduct (9A.84.030) E

Sex Crimes

A Rape 1 (9A.44.040) B+

A- Rape 2 (9A.44.050) B+

C+ Rape 3 (9A.44.060) D+

A- Rape of a Child 1 (9A.44.073) B+

B+ Rape of a Child 2 (9A.44.076) C+

B Incest 1 (9A.64.020(1)) C

C Incest 2 (9A.64.020(2)) D

D+ Indecent Exposure

(Victim <14) (9A.88.010) E

E Indecent Exposure

(Victim 14 or over) (9A.88.010) E

B+ Promoting Prostitution 1

(9A.88.070) C+

C+ Promoting Prostitution 2

(9A.88.080) D+

E O & A (Prostitution) (9A.88.030) E

B+ Indecent Liberties (9A.44.100) C+

A- Child Molestation 1 (9A.44.083) B+

B Child Molestation 2 (9A.44.086) C+

Theft, Robbery, Extortion, and Forgery

B Theft 1 (9A.56.030) C

C Theft 2 (9A.56.040) D

D Theft 3 (9A.56.050) E

B Theft of Livestock (9A.56.080) C

C Forgery (9A.60.020) D

A Robbery 1 (9A.56.200) B+

B+ Robbery 2 (9A.56.210) C+

B+ Extortion 1 (9A.56.120) C+

C+ Extortion 2 (9A.56.130) D+

C Identity Theft 1 (9.35.020(2)(a)) D

D Identity Theft 2 (9.35.020(2)(b)) E

D Improperly Obtaining Financial

Information ((~~[(9.35.010)]~~))

(9.35.010) E

B Possession of Stolen Property 1

(9A.56.150) C

C Possession of Stolen Property 2

(9A.56.160) D

D Possession of Stolen Property 3

(9A.56.170) E

C Taking Motor Vehicle Without

Owner's Permission (9A.56.070) D

Motor Vehicle Related Crimes

E Driving Without a License

(46.20.005) E

B+ Hit and Run - Death

(46.52.020(4)(a)) C+

C Hit and Run - Injury

(46.52.020(4)(b)) D

D Hit and Run-Attended

(46.52.020(5)) E

E Hit and Run-Unattended

(46.52.010) E

C Vehicular Assault (46.61.522) D

C Attempting to Elude Pursuing

Police Vehicle (46.61.024) D

E Reckless Driving (46.61.500) E

D Driving While Under the Influence

(46.61.502 and 46.61.504) E

Other

B ((~~Bomb Threat (9.61.160)~~))

Threat to use device (section

7 of this act) C

C Escape 11 (9A.76.110) C

C Escape 21 (9A.76.120) C

D Escape 3 (9A.76.130) E

E Obscene, Harassing, Etc.,

Phone Calls (9.61.230) E

A Other Offense Equivalent to an

Adult Class A Felony B+

B Other Offense Equivalent to an

Adult Class B Felony C

C Other Offense Equivalent to an

Adult Class C Felony D

D Other Offense Equivalent to an

Adult Gross Misdemeanor E

E Other Offense Equivalent to an

Adult Misdemeanor E

V Violation of Order of Restitution,

Community Supervision, or

Confinement (13.40.200)2 V

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeks confinement

2nd escape or attempted escape during 12-month period - 8 weeks confinement

3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

JUVENILE SENTENCING STANDARDS

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

A+ 180 WEEKS TO AGE 21 YEARS

A 103 WEEKS TO 129 WEEKS

A- 15-36 |52-65 |80-100 |103-129

WEEKS |WEEKS |WEEKS|WEEKS

EXCEPT | | |

30-40 | | |

WEEKS FOR | | |

15-17 | | |

YEAR OLDS | | |

Current B+ 15-36 |52-65 |80-100 |103-129

Offense WEEKS |WEEKS |WEEKS |WEEKS