title: RCW 9.94A.502

text:
(1) The Washington State University department of criminal justice shall develop a tool to be used in conjunction with the Washington one risk assessment that would specifically predict whether the offender will commit domestic violence in the future. The domestic violence tool may incorporate relevant court records into the prediction modeling, if practical within the resources allocated. The tool will be used by the department as part of the current risk, needs, and responsivity assessment process.
(2) The Washington State University department of criminal justice shall make the domestic violence risk assessment tool available for use by the department no later than July 1, 2020. Subject to funds appropriated for this specific purpose, the department shall start to implement the domestic violence risk assessment tool by July 1, 2020, and by July 1, 2021, the department shall use the domestic violence risk assessment tool when conducting a Washington one risk assessment for an offender with a current conviction where domestic violence was pleaded and proven.
(3) The harborview center for sexual assault and traumatic stress shall develop a training curriculum for domestic violence perpetrator treatment providers that incorporates evidence-based practices and treatment modalities consistent with the Washington Administrative Code provisions adopted by the department of social and health services. The harborview center for sexual assault and traumatic stress shall complete the training curriculum and make it available for provider training no later than June 30, 2020.
[ 2019 c 263 s 401.]
Notes:
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.

catchline: Domestic violence risk assessment tool.


doc_type: statute

jurisdiction: wa

title: RCW 9.94A.505

text:
(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:
(i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.701 and 9.94A.702, relating to community custody;
(iii) RCW 9.94A.570, relating to persistent offenders;
(iv) RCW 9.94A.540, relating to mandatory minimum terms;
(v) RCW 9.94A.650, relating to the first-time offender waiver;
(vi) RCW 9.94A.660, relating to the drug offender sentencing alternative;
(vii) RCW 9.94A.661, relating to the drug offender sentencing alternative for driving under the influence;
(viii) RCW 9.94A.670, relating to the special sex offender sentencing alternative;
(ix) RCW 9.94A.655, relating to the parenting sentencing alternative;
(x) RCW 9.94A.695, relating to the mental health sentencing alternative;
(xi) RCW 9.94A.507, relating to certain sex offenses;
(xii) RCW 9.94A.535, relating to exceptional sentences;
(xiii) RCW 9.94A.589, relating to consecutive and concurrent sentences;
(xiv) RCW 9.94A.603, relating to felony driving while under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of intoxicating liquor or any drug;
(xv) *RCW 9.94A.711, relating to the theft or taking of a motor vehicle.
(b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; a term of community custody under RCW 9.94A.702 not to exceed one year; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement and a community custody term under RCW 9.94A.701 if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of 30 days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than 30 days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, and 9.94A.760.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
(6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.
(7) The sentencing court shall not give the offender credit for any time the offender was required to comply with an electronic monitoring program prior to sentencing if the offender was convicted of one of the following offenses:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW 9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
(8) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
(9) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter. "Crime-related prohibitions" may include a prohibition on the use or possession of alcohol or controlled substances if the court finds that any chemical dependency or substance abuse contributed to the offense.
(10) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
[ 2024 c 306 s 5; 2022 c 260 s 23; 2021 c 242 s 3; 2019 c 191 s 3. Prior: 2015 c 287 s 10; 2015 c 81 s 1; 2010 c 224 s 4; 2009 c 389 s 1; 2009 c 28 s 6; 2008 c 231 s 25; 2006 c 73 s 6; prior: 2002 c 290 s 17; 2002 c 289 s 6; 2002 c 175 s 6; 2001 2nd sp.s. c 12 s 312; 2001 c 10 s 2; prior: 2000 c 226 s 2; 2000 c 43 s 1; 2000 c 28 s 5; prior: 1999 c 324 s 2; 1999 c 197 s 4; 1999 c 196 s 5; 1999 c 147 s 3; 1998 c 260 s 3; prior: 1997 c 340 s 2; 1997 c 338 s 4; 1997 c 144 s 2; 1997 c 121 s 2; 1997 c 69 s 1; prior: 1996 c 275 s 2; 1996 c 215 s 5; 1996 c 199 s 1; 1996 c 93 s 1; 1995 c 108 s 3; prior: 1994 c 1 s 2 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 31 s 3; prior: 1992 c 145 s 7; 1992 c 75 s 2; 1992 c 45 s 5; prior: 1991 c 221 s 2; 1991 c 181 s 3; 1991 c 104 s 3; 1990 c 3 s 705; 1989 c 252 s 4; prior: 1988 c 154 s 3; 1988 c 153 s 2; 1988 c 143 s 21; prior: 1987 c 456 s 2; 1987 c 402 s 1; prior: 1986 c 301 s 4; 1986 c 301 s 3; 1986 c 257 s 20; 1984 c 209 s 6; 1983 c 163 s 2; 1982 c 192 s 4; 1981 c 137 s 12. Formerly RCW 9.94A.120.]
Notes:
*Reviser's note: RCW 9.94A.711 expired June 30, 2026.
Effective date—2024 c 306: See note following RCW 9.94A.661.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Applicability—2021 c 242: See note following RCW 9.94A.695.
Effective date—2009 c 389 ss 1 and 3-5: "Sections 1 and 3 through 5 of this act take effect August 1, 2009." [ 2009 c 389 s 8.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—Effective date—2002 c 289: See notes following RCW 43.43.753.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Intent—2001 c 10: "It is the intent of the legislature to incorporate into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws of 2000 amendments adopted to RCW 9.94A.120 during the 2000 legislative session that did not take cognizance of the reorganization. In addition, it is the intent of the legislature to correct any additional incorrect cross-references and to simplify the codification of provisions within chapter 9.94A RCW.
The legislature does not intend to make, and no provision of this act may be construed as making, a substantive change in the sentencing reform act." [ 2001 c 10 s 1.]
Effective date—2001 c 10: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 c 10 s 7.]
Finding—Intent—2000 c 226: "The legislature finds that supervision of offenders in the community and an offender's payment of restitution enhances public safety, improves offender accountability, is an important component of providing justice to victims, and strengthens the community. The legislature intends that all terms and conditions of an offender's supervision in the community, including the length of supervision and payment of legal financial obligations, not be curtailed by an offender's absence from supervision for any reason including confinement in any correctional institution. The legislature, through this act, revises the results of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender's absence from supervision or subsequent incarceration acts to toll the jurisdiction of the court or department over an offender for the purpose of enforcing legal financial obligations." [ 2000 c 226 s 1.]
Severability—2000 c 226: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2000 c 226 s 6.]
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Drug offender options—Report: "The Washington state institute for public policy, in consultation with the sentencing guidelines commission shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report to the legislature by December 1, 2004. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, the effectiveness of drug treatment services, and the impact on recidivism rates." [ 1999 c 197 s 12.]
Severability—1999 c 197: See note following RCW 9.94A.030.
Construction—Short title—1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Intent—1998 c 260: See note following RCW 9.94A.500.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—1996 c 275: "The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers." [ 1996 c 275 s 1.]
Application—1996 c 275 ss 1-5: "Sections 1 through 5, chapter 275, Laws of 1996 apply to crimes committed on or after June 6, 1996." [ 1996 c 275 s 14.]
Severability—1996 c 199: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1996 c 199 s 9.]
Effective date—1995 c 108: See note following RCW 9.94A.030.
Severability—Short title—Captions—1994 c 1: See notes following RCW 9.94A.555.
Severability—Application—1992 c 45: See notes following RCW 9.94A.840.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.
Applicability—1988 c 143 ss 21-24: "Increased sanctions authorized by sections 21 through 24 of this act are applicable only to those persons committing offenses after March 21, 1988." [ 1988 c 143 s 25.]
Effective date—1987 c 402: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 402 s 3.]
Effective date—1986 c 301 s 4: "Section 4 of this act shall take effect July 1, 1987." [ 1986 c 301 s 8.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1983 c 163: "Sections 1 through 5 of this act shall take effect on July 1, 1984." [ 1983 c 163 s 7.]
Effective date—1981 c 137: See RCW 9.94A.905.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Sentences.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.94A.506

text:
The standard sentence ranges of total and partial confinement under this chapter, except as provided in RCW 9.94A.517, are subject to the following limitations:
(1) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;
(2) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness level XIV under RCW 9.94A.510, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and
(3) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.
[ 2011 1st sp.s. c 40 s 26.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.

catchline: Standard sentence ranges—Limitations.


title: RCW 9.94A.507

text:
(1) An offender who is not a persistent offender shall be sentenced under this section if the offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree, rape of a child in the first degree, child molestation in the first degree, rape of a child in the second degree, or indecent liberties by forcible compulsion;
(ii) 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, assault of a child in the second degree, or burglary in the first degree; or
(iii) An attempt to commit any crime listed in this subsection (1)(a); or
(b) Has a prior conviction for an offense listed in *RCW 9.94A.030(37)(b), and is convicted of any sex offense other than failure to register.
(2) An offender convicted of rape of a child in the first or second degree or child molestation in the first degree who was seventeen years of age or younger at the time of the offense shall not be sentenced under this section.
(3)(a) Upon a finding that the offender is subject to sentencing under this section, the court shall impose a sentence to a maximum term and a minimum term.
(b) The maximum term shall consist of the statutory maximum sentence for the offense.
(c)(i) Except as provided in (c)(ii) of this subsection, the minimum term shall be either within the standard sentence range for the offense, or outside the standard sentence range pursuant to RCW 9.94A.535, if the offender is otherwise eligible for such a sentence.
(ii) If the offense that caused the offender to be sentenced under this section was rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, and there has been a finding that the offense was predatory under RCW 9.94A.836, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section was rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding that the victim was under the age of fifteen at the time of the offense under RCW 9.94A.837, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section is rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding under RCW 9.94A.838 that the victim was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult, the minimum sentence shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater.
(d) The minimum terms in (c)(ii) of this subsection do not apply to a juvenile tried as an adult pursuant to RCW 13.04.030(1)(e) (i) or (v). The minimum term for such a juvenile shall be imposed under (c)(i) of this subsection.
(4) A person sentenced under subsection (3) of this section shall serve the sentence in a facility or institution operated, or utilized under contract, by the state.
(5) When a court sentences a person to the custody of the department under this section, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody under the supervision of the department and the authority of the board for any period of time the person is released from total confinement before the expiration of the maximum sentence.
(6)(a) As part of any sentence under this section, the court shall also require the offender to comply with any conditions imposed by the board under RCW 9.95.420 through 9.95.435.
(b) An offender released by the board under RCW 9.95.420 is subject to the supervision of the department until the expiration of the maximum term of the sentence. The department shall monitor the offender's compliance with conditions of community custody imposed by the court, department, or board, and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
[ 2025 c 58 s 1002; 2008 c 231 s 33. Prior: 2006 c 124 s 3; (2006 c 124 s 2 expired July 1, 2006); 2006 c 122 s 5; (2006 c 122 s 4 expired July 1, 2006); 2005 c 436 s 2; 2004 c 176 s 3; prior: 2001 2nd sp.s. c 12 s 303. Formerly RCW 9.94A.712.]
Notes:
Reviser's note: *(1) RCW 9.94A.030 was amended by 2024 c 306 s 2, changing subsection (37) to subsection (38), effective January 1, 2026.
(2) This section was recodified pursuant to the direction found in section 56(4), chapter 231, Laws of 2008.
(3) 2005 c 436 s 6 (an expiration date section) was repealed by 2006 c 131 s 2.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Expiration date—2006 c 124 s 2: "Section 2 of this act expires July 1, 2006." [ 2006 c 124 s 4.]
Effective date—2006 c 124: See note following RCW 9.94A.030.
Effective date—2006 c 122 ss 5 and 7: "Sections 5 and 7 of this act take effect July 1, 2006." [ 2006 c 122 s 9.]
Expiration date—2006 c 122 ss 4 and 6: "Sections 4 and 6 of this act expire July 1, 2006." [ 2006 c 122 s 8.]
Effective date—2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.
Severability—Effective date—2004 c 176: See notes following RCW 9.94A.515.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Sentencing of sex offenders.


title: RCW 9.94A.510

text:
TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
OFFENDER SCORE
0
1
2
3
4
5
6
7
8
9 or
more
XVI
Life sentence without parole/death penalty for offenders at or over the age of eighteen. For offenders under the age of eighteen, a term of twenty-five years to life.
XV
23y4m
24y4m
25y4m
26y4m
27y4m
28y4m
30y4m
32y10m
36y
40y
240-
250-
261-
271-
281-
291-
312-
338-
370-
411-
320
333
347
361
374
388
416
450
493
548
XIV
14y4m
15y4m
16y2m
17y
17y11m
18y9m
20y5m
22y2m
25y7m
29y
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
220
234
244
254
265
275
295
316
357
397
XIII
12y
13y
14y
15y
16y
17y
19y
21y
25y
29y
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
164
178
192
205
219
233
260
288
342
397
XII
9y
9y11m
10y9m
11y8m
12y6m
13y5m
15y9m
17y3m
20y3m
23y3m
93-
102-
111-
120-
129-
138-
162-
178-
209-
240-
123
136
147
160
171
184
216
236
277
318
XI
7y6m
8y4m
9y2m
9y11m
10y9m
11y7m
14y2m
15y5m
17y11m
20y5m
78-
86-
95-
102-
111-
120-
146-
159-
185-
210-
102
114
125
136
147
158
194
211
245
280
X
5y
5y6m
6y
6y6m
7y
7y6m
9y6m
10y6m
12y6m
14y6m
51-
57-
62-
67-
72-
77-
98-
108-
129-
149-
68
75
82
89
96
102
130
144
171
198
IX
3y
3y6m
4y
4y6m
5y
5y6m
7y6m
8y6m
10y6m
12y6m
31-
36-
41-
46-
51-
57-
77-
87-
108-
129-
41
48
54
61
68
75
102
116
144
171
VIII
2y
2y6m
3y
3y6m
4y
4y6m
6y6m
7y6m
8y6m
10y6m
21-
26-
31-
36-
41-
46-
67-
77-
87-
108-
27
34
41
48
54
61
89
102
116
144
VII
18m
2y
2y6m
3y
3y6m
4y
5y6m
6y6m
7y6m
8y6m
15-
21-
26-
31-
36-
41-
57-
67-
77-
87-
20
27
34
41
48
54
75
89
102
116
VI
13m
18m
2y
2y6m
3y
3y6m
4y6m
5y6m
6y6m
7y6m
12+-
15-
21-
26-
31-
36-
46-
57-
67-
77-
14
20
27
34
41
48
61
75
89
102
V
9m
13m
15m
18m
2y2m
3y2m
4y
5y
6y
7y
6-
12+-
13-
15-
22-
33-
41-
51-
62-
72-
12
14
17
20
29
43
54
68
82
96
IV
6m
9m
13m
15m
18m
2y2m
3y2m
4y2m
5y2m
6y2m
3-
6-
12+-
13-
15-
22-
33-
43-
53-
63-
9
12
14
17
20
29
43
57
70
84
III
2m
5m
8m
11m
14m
20m
2y2m
3y2m
4y2m
5y
1-
3-
4-
9-
12+-
17-
22-
33-
43-
51-
3
8
12
12
16
22
29
43
57
68
II
4m
6m
8m
13m
16m
20m
2y2m
3y2m
4y2m
0-90
2-
3-
4-
12+-
14-
17-
22-
33-
43-
Days
6
9
12
14
18
22
29
43
57
I
3m
4m
5m
8m
13m
16m
20m
2y2m
0-60
0-90
2-
2-
3-
4-
12+-
14-
17-
22-
Days
Days
5
6
8
12
14
18
22
29
Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day.
[ 2014 c 130 s 1; 2002 c 290 s 10. Prior: 2000 c 132 s 2; 2000 c 28 s 11; prior: 1999 c 352 s 2; 1999 c 324 s 3; prior: 1998 c 235 s 1; 1998 c 211 s 3; prior: 1997 c 365 s 3; 1997 c 338 s 50; 1996 c 205 s 5; 1995 c 129 s 2 (Initiative Measure No. 159); (1994 sp.s. c 7 s 512 repealed by 1995 c 129 s 19 (Initiative Measure No. 159)); 1992 c 145 s 9; 1991 c 32 s 2; 1990 c 3 s 701; prior: 1989 c 271 s 101; 1989 c 124 s 1; 1988 c 218 s 1; 1986 c 257 s 22; 1984 c 209 s 16; 1983 c 115 s 2. Formerly RCW 9.94A.310.]
Notes:
Application—2014 c 130: "Sections 1 through 9 of this act apply to all sentencing hearings conducted on or after June 1, 2014, regardless of the date of an offender's underlying offense." [ 2014 c 130 s 12.]
Effective date—2014 c 130: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2014." [ 2014 c 130 s 16.]
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1998 c 211: See note following RCW 46.61.5055.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Findings and intent—1995 c 129: "(1) The people of the state of Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including: Forcing the victim to comply with their demands; injuring or killing anyone who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use of deadly weapons by criminals, and far too often there are no deadly weapon enhancements provided for many felonies, including murder, arson, manslaughter, and child molestation and many other sex offenses including child luring.
(d) Current law also fails to distinguish between gun-carrying criminals and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons by criminals and closing loopholes involving armed criminals, the people intend to:
(a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and use of the deadly weapon not worth the sentence received upon conviction.
(c) Distinguish between the gun predators and criminals carrying other deadly weapons and provide greatly increased penalties for gun predators and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by tracking individual judges and holding them accountable for their sentencing practices in relation to the state's sentencing guidelines for serious crimes." [ 1995 c 129 s 1 (Initiative Measure No. 159).]
Short title—1995 c 129: "This act shall be known and cited as the hard time for armed crime act." [ 1995 c 129 s 21 (Initiative Measure No. 159).]
Severability—1995 c 129: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1995 c 129 s 22 (Initiative Measure No. 159).]
Captions not law—1995 c 129: "Captions as used in this act do not constitute any part of the law." [ 1995 c 129 s 23 (Initiative Measure No. 159).]
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Application—1989 c 271 ss 101-111: "Sections 101-111 of this act apply to crimes committed on or after July 1, 1989." [ 1989 c 271 s 114.]
Severability—1989 c 271: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 271 s 606.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
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catchline: Table 1—Sentencing grid.


title: RCW 9.94A.515

text:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI
Aggravated Murder 1 (RCW 10.95.020)
XV
Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV
Murder 2 (RCW 9A.32.050)
Trafficking 1 (RCW 9A.40.100(1))
XIII
Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII
Assault 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))
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Trafficking 2 (RCW 9A.40.100(3))
XI
Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
X
Child Molestation 1 (RCW 9A.44.083)
Criminal Mistreatment 1 (RCW 9A.42.020)
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))
Sexually Violent Predator Escape (RCW 9A.76.115)
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
Assault of a Child 2 (RCW 9A.36.130)
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))
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
VIII
Arson 1 (RCW 9A.48.020)
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Promoting Prostitution 1 (RCW 9A.88.070)
Theft of Ammonia (RCW 69.55.010)
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Civil Disorder Training (RCW 9A.48.120)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
Drive-by Shooting (RCW 9A.36.045)
False Reporting 1 (RCW 9A.84.040(2)(a))
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)
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI
Bail 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))
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1))
Unlawful Storage of Ammonia (RCW 69.55.020)
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Air bag diagnostic systems (RCW 46.37.660(2)(c))
Air bag replacement requirements (RCW 46.37.660(1)(c))
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Sexual Misconduct 2 (RCW 9A.44.170)
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070)
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)
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
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)
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
IV
Animal Fighting (with intentional mutilation) (RCW 16.52.117(2)(b))
Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
Assault 4 (third domestic violence offense) (RCW 9A.36.041(3))
Assault by Watercraft (RCW 79A.60.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Cheating 1 (RCW 9.46.1961)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Driving While Under the Influence (RCW 46.61.502(6))
Endangerment with a Controlled Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hate Crime (RCW 9A.36.080)
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))
Indecent Exposure to Person Under Age 14 (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
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)
Trafficking in Catalytic Converters 1 (RCW 9A.82.190)
Trafficking in Stolen Property 1 (RCW 9A.82.050)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
Unlawful transaction of insurance business (RCW 48.15.023(3))
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
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)
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
III
Animal Cruelty 1 (RCW 16.52.205)
Animal Fighting (without intentional mutilation) (RCW 16.52.117(2)(a))
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
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)
Custodial Assault (RCW 9A.36.100)
Cyber Harassment (RCW 9A.90.120(2)(b))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
False Reporting 2 (RCW 9A.84.040(2)(b))
Harassment (RCW 9A.46.020)
Hazing (RCW 28B.10.901(2)(b))
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190)
Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325)
Mortgage Fraud (RCW 19.144.080)
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
Organized Retail Theft 1 (RCW 9A.56.350(2))
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
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(2))
Theft of Livestock 2 (RCW 9A.56.083)
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
Trafficking in Catalytic Converters 2 (RCW 9A.82.200)
Trafficking in Stolen Property 2 (RCW 9A.82.055)
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3))
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
Computer Trespass 1 (RCW 9A.90.040)
Counterfeiting (RCW 9.16.035(3))
Electronic Data Service Interference (RCW 9A.90.060)
Electronic Data Tampering 1 (RCW 9A.90.080)
Electronic Data Theft (RCW 9A.90.100)
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
Escape from Community Custody (RCW 72.09.310)
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)
Health Care False Claims (RCW 48.80.030)
Identity Theft 2 (RCW 9.35.020(3))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW 9A.48.070)
Organized Retail Theft 2 (RCW 9A.56.350(3))
Possession of Stolen Property 1 (RCW 9A.56.150)
Possession of a Stolen Vehicle (RCW 9A.56.068)
Possession, sale, or offering for sale of seven or more unmarked catalytic converters (RCW 9A.82.180(5))
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
Theft 1 (RCW 9A.56.030)
Theft of a Motor Vehicle (RCW 9A.56.065)
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $5,000 or more) (RCW 9A.56.096(5)(a))
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
Unlawful Practice of Law (RCW 2.48.180)
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
Voyeurism 1 (RCW 9A.44.115)
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW 74.08.055)
Forgery (RCW 9A.60.020)
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
Malicious Mischief 2 (RCW 9A.48.080)
Mineral Trespass (RCW 78.44.330)
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
Theft 2 (RCW 9A.56.040)
Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2))
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $750 or more but less than $5,000) (RCW 9A.56.096(5)(b))
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
Unlawful Production of Payment Instruments (RCW 9A.56.320)
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
Unlawful Use of Food Stamps (RCW 9.91.144)
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
Vehicle Prowl 1 (RCW 9A.52.095)
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
[ 2025 c 220 s 7. Prior: 2024 c 301 s 29; 2024 c 55 s 1; prior: 2023 c 196 s 3; 2023 c 7 s 3; 2022 c 231 s 13; (2022 c 231 s 12 expired July 1, 2022); 2021 c 215 s 99; 2020 c 344 s 4; prior: 2019 c 271 s 7; 2019 c 243 s 5; 2019 c 64 s 3; 2019 c 46 s 5009; prior: 2018 c 236 s 721; 2018 c 7 s 7; prior: 2017 c 335 s 4; 2017 c 292 s 3; 2017 c 272 s 10; 2017 c 266 s 8; prior: 2016 c 213 s 5; 2016 c 164 s 13; 2016 c 6 s 1; 2015 c 261 s 11; prior: 2013 c 322 s 26; 2013 c 290 s 8; 2013 c 267 s 2; 2013 c 153 s 2; prior: 2012 c 176 s 3; 2012 c 162 s 1; prior: 2010 c 289 s 11; 2010 c 227 s 9; prior: 2008 c 108 s 23; 2008 c 38 s 1; prior: 2007 c 368 s 14; 2007 c 199 s 10; prior: 2006 c 277 s 6; 2006 c 228 s 9; 2006 c 191 s 2; 2006 c 139 s 2; 2006 c 128 s 3; 2006 c 73 s 12; prior: (2006 c 125 s 5 repealed by 2006 c 126 s 7); 2005 c 458 s 2; 2005 c 183 s 9; prior: 2004 c 176 s 2; 2004 c 94 s 3; (2004 c 94 s 2 expired July 1, 2004); prior: 2003 c 335 s 5; (2003 c 335 s 4 expired July 1, 2004); 2003 c 283 s 33; (2003 c 283 s 32 expired July 1, 2004); 2003 c 267 s 3; (2003 c 267 s 2 expired July 1, 2004); 2003 c 250 s 14; (2003 c 250 s 13 expired July 1, 2004); 2003 c 119 s 8; (2003 c 119 s 7 expired July 1, 2004); 2003 c 53 s 56; 2003 c 52 s 4; (2003 c 52 s 3 expired July 1, 2004); prior: 2002 c 340 s 2; 2002 c 324 s 2; 2002 c 290 s 7; (2002 c 290 s 2 expired July 1, 2003); 2002 c 253 s 4; 2002 c 229 s 2; 2002 c 134 s 2; 2002 c 133 s 4; prior: 2001 2nd sp.s. c 12 s 361; 2001 c 300 s 4; 2001 c 217 s 12; 2001 c 17 s 1; prior: 2001 c 310 s 4; 2001 c 287 s 3; 2001 c 224 s 3; 2001 c 222 s 24; 2001 c 207 s 3; 2000 c 225 s 5; 2000 c 119 s 17; 2000 c 66 s 2; prior: 1999 c 352 s 3; 1999 c 322 s 5; 1999 c 45 s 4; prior: 1998 c 290 s 4; 1998 c 219 s 4; 1998 c 82 s 1; 1998 c 78 s 1; prior: 1997 c 365 s 4; 1997 c 346 s 3; 1997 c 340 s 1; 1997 c 338 s 51; 1997 c 266 s 15; 1997 c 120 s 5; prior: 1996 c 302 s 6; 1996 c 205 s 3; 1996 c 36 s 2; prior: 1995 c 385 s 2; 1995 c 285 s 28; 1995 c 129 s 3 (Initiative Measure No. 159); prior: (1994 sp.s. c 7 s 510 repealed by 1995 c 129 s 19 (Initiative Measure No. 159)); 1994 c 275 s 20; 1994 c 53 s 2; prior: 1992 c 145 s 4; 1992 c 75 s 3; 1991 c 32 s 3; 1990 c 3 s 702; prior: 1989 2nd ex.s. c 1 s 3; 1989 c 412 s 3; 1989 c 405 s 1; 1989 c 271 s 102; 1989 c 99 s 1; prior: 1988 c 218 s 2; 1988 c 145 s 12; 1988 c 62 s 2; prior: 1987 c 224 s 1; 1987 c 187 s 4; 1986 c 257 s 23; 1984 c 209 s 17; 1983 c 115 s 3. Formerly RCW 9.94A.320.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
Short title—2023 c 196: See note following RCW 28B.10.901.
Short title—2023 c 7: See note following RCW 9A.44.160.
Effective date—2022 c 231 ss 8, 9, 11, 13, and 15: See note following RCW 7.105.010.
Expiration date—2022 c 231 ss 7, 10, 12, 14, 16, and 17: See note following RCW 9.94A.030.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Finding—2020 c 344: See note following RCW 9A.84.040.
Effective date—2019 c 243: See note following RCW 9.41.010.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Effective dates—2018 c 7: See note following RCW 9.41.010.
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Finding—Application of consumer protection act—2016 c 213: See note following RCW 46.37.640.
Findings—Intent—Short title—2016 c 164: See RCW 9A.90.010 and 9A.90.020.
Effective date—2013 c 153: See note following RCW 9A.56.360.
Findings—2008 c 108: See RCW 19.144.005.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Intent—Severability—Effective date—2006 c 125: See notes following RCW 9A.44.190.
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—2004 c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 176 s 8.]
Effective date—2004 c 176: "Sections 2 through 6 of this act take effect July 1, 2005." [ 2004 c 176 s 9.]
Expiration date—2004 c 94 s 2: "Section 2 of this act expires July 1, 2004." [ 2004 c 94 s 8.]
Severability—Effective dates—2004 c 94: See notes following RCW 9A.90.120.
Effective date—2003 c 335 s 5: "Section 5 of this act takes effect July 1, 2004." [ 2003 c 335 s 8.]
Expiration date—2003 c 335 s 4: "Section 4 of this act expires July 1, 2004." [ 2003 c 335 s 7.]
Effective date—2003 c 283 s 33: "Section 33 of this act takes effect July 1, 2004." [ 2003 c 283 s 37.]
Expiration date—2003 c 283 s 32: "Section 32 of this act expires July 1, 2004." [ 2003 c 283 s 36.]
Effective date—2003 c 267 s 3: "Section 3 of this act takes effect July 1, 2004." [ 2003 c 267 s 9.]
Expiration date—2003 c 267 s 2: "Section 2 of this act expires July 1, 2004." [ 2003 c 267 s 8.]
Effective date—2003 c 250 s 14: "Section 14 of this act takes effect July 1, 2004." [ 2003 c 250 s 17.]
Expiration date—2003 c 250 s 13: "Section 13 of this act expires July 1, 2004." [ 2003 c 250 s 16.]
Severability—2003 c 250: See note following RCW 48.01.080.
Effective date—2003 c 119 s 8: "Section 8 of this act takes effect July 1, 2004." [ 2003 c 119 s 10.]
Expiration date—2003 c 119 s 7: "Section 7 of this act expires July 1, 2004." [ 2003 c 119 s 9.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2003 c 52 s 4: "Section 4 of this act takes effect July 1, 2004." [ 2003 c 52 s 6.]
Expiration date—2003 c 52 s 3: "Section 3 of this act expires July 1, 2004." [ 2003 c 52 s 5.]
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 290 ss 7-11 and 14-23: "Sections 7 through 11 and 14 through 23 of this act take effect July 1, 2003." [ 2003 c 379 s 10; 2002 c 290 s 31.]
Effective date—2002 c 290 ss 2 and 3: "Sections 2 and 3 of this act take effect July 1, 2002, and apply to crimes committed on or after July 1, 2002." [ 2002 c 290 s 29.]
Expiration date—2002 c 290 s 2: "Section 2 of this act expires July 1, 2003." [ 2003 c 379 s 9; 2002 c 290 s 30.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—2002 c 134: See note following RCW 69.50.440.
Effective date—2002 c 133: See note following RCW 69.55.010.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Purpose—Effective date—2001 c 310: See notes following RCW 2.48.180.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Purpose—Effective date—2001 c 224: See notes following RCW 9A.68.060.
Purpose—Effective date—2001 c 222: See notes following RCW 9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Purpose—Effective date—2001 c 207: See notes following RCW 18.130.190.
Severability—2000 c 225: See note following RCW 69.55.010.
Effective date—2000 c 119 s 17: "Section 17 of this act takes effect July 1, 2000." [ 2000 c 119 s 30.]
Application—2000 c 119: See note following RCW 10.31.100.
Alphabetization—1999 c 352: "The code reviser shall alphabetize the offenses within each seriousness level in RCW 9.94A.320, including any offenses added in the 1999 legislative session." [ 1999 c 352 s 6.]
Application—1999 c 352 ss 3-5: "The amendments made by sections 3 through 5, chapter 352, Laws of 1999 shall apply to offenses committed on or after July 25, 1999, except that the amendments made by chapter 352, Laws of 1999 to seriousness level V in RCW 9.94A.320 shall apply to offenses committed on or after July 1, 2000." [ 1999 c 352 s 7.]
Application—Effective date—Severability—1998 c 290: See notes following RCW 69.50.401.
Application—1998 c 78: "This act applies to crimes committed on or after July 1, 1998." [ 1998 c 78 s 2.]
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.
Severability—1996 c 302: See note following RCW 9A.42.010.
Effective date—1995 c 285: See RCW 48.30A.900.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date—1994 sp.s. c 7: See note following RCW 43.70.540.
Finding—Intent—Severability—Effective dates—1994 sp.s. c 7: See notes following RCW 43.70.540.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective date—1989 2nd ex.s. c 1: See note following RCW 9A.52.025.
Finding—Intent—1989 c 271 ss 102, 109, and 110: See note following RCW 9A.36.050.
Application—1989 c 271 ss 101-111: See note following RCW 9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1989 c 99: "This act applies to crimes committed after July 1, 1989." [ 1989 c 99 s 2.]
Effective date—1989 c 99: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1989." [ 1989 c 99 s 3.]
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—Application—1987 c 224: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987. It shall apply to crimes committed on or after July 1, 1987." [ 1987 c 224 s 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Table 2—Crimes included within each seriousness level.


title: RCW 9.94A.517

text:
(1)
TABLE 3
DRUG OFFENSE SENTENCING GRID
Seriousness
Level
Offender Score
0 to 2
Offender Score
3 to 5
Offender Score
6 to 9 or more
III
51 to 68 months
68+ to 100 months
100+ to 120 months
II
12+ to 20 months
20+ to 60 months
60+ to 120 months
I
0 to 6 months
6+ to 18 months
12+ to 24 months
References to months represent the standard sentence ranges. 12+ equals one year and one day.
(2) The court may utilize any other sanctions or alternatives as authorized by law, including but not limited to the special drug offender sentencing alternative under RCW 9.94A.660 or drug court under chapter 2.30 RCW.
(3) Nothing in this section creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[ 2015 c 291 s 9; (2015 c 291 s 8 expired July 1, 2018); (2013 2nd sp.s. c 14 s 1 expired July 1, 2018); 2002 c 290 s 8.]
Notes:
Effective date—2015 c 291 s 9: "Section 9 of this act takes effect July 1, 2018." [ 2015 c 291 s 16.]
Expiration date—2015 c 291 s 8: "Section 8 of this act expires July 1, 2018." [ 2015 c 291 s 15.]
Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.
Application—Recalculation of earned release date—2013 2nd sp.s. c 14: "Pursuant to RCW 9.94A.729, the department shall recalculate the earned release date for any offender currently serving a term in a facility or institution either operated by the state or utilized under contract. The earned release date shall be recalculated whether the offender is currently incarcerated or is sentenced after July 1, 2013, and regardless of the offender's date of offense. For offenders whose offense was committed prior to July 1, 2013, the recalculation shall not extend a term of incarceration beyond that to which an offender is currently subject." [ 2013 2nd sp.s. c 14 s 4.]
Declaration—2013 2nd sp.s. c 14 s 4: "The legislature declares that section 4 of this act does not create any liberty interest. The department is authorized to take the time reasonably necessary to complete the recalculations of section 4 of this act after July 1, 2013." [ 2013 2nd sp.s. c 14 s 6.]
Compilation of sentencing information—Report—2013 2nd sp.s. c 14: "(1)(a) The department must, in consultation with the caseload forecast council, compile the following information in summary form for the two years prior to and after July 1, 2013: For offenders sentenced under RCW 9.94A.517 for a seriousness level I offense where the offender score is three to five: (A) The total number of sentences and the average length of sentence imposed, sorted by sentences served in state versus local correctional facilities; (B) the number of current and prior felony convictions for each offender; (C) the estimated cost or cost savings, total and per offender, to the state and local governments from the change to the maximum sentence pursuant to RCW 9.94A.517(1); and (D) the number of offenders who were sentenced to community custody, the number of violations committed on community custody, and any sanctions imposed for such violations.
(b) The department must submit a report with its findings to the office of financial management and the appropriate fiscal and policy committees of the house of representatives and the senate by January 1, 2015, and January 1, 2018.
(2) For purposes of this section, "department" means the department of corrections." [ 2013 2nd sp.s. c 14 s 5.]
Effective date—2013 2nd sp.s. c 14: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013." [ 2013 2nd sp.s. c 14 s 9.]
Applicability—2013 2nd sp.s. c 14 s 1: "Section 1 of this act applies to sentences imposed on or after July 1, 2013, regardless of the date of offense." [ 2013 2nd sp.s. c 14 s 7.]
Expiration date—2013 2nd sp.s. c 14 ss 1 and 5: "Sections 1 and 5 of this act expire July 1, 2018." [ 2013 2nd sp.s. c 14 s 10.]
Intent—2002 c 290: "It is the intent of the legislature to increase the use of effective substance abuse treatment for defendants and offenders in Washington in order to make frugal use of state and local resources, thus reducing recidivism and increasing the likelihood that defendants and offenders will become productive and law-abiding persons. The legislature recognizes that substance abuse treatment can be effective if it is well planned and involves adequate monitoring, and that substance abuse and addiction is a public safety and public health issue that must be more effectively addressed if recidivism is to be reduced. The legislature intends that sentences for drug offenses accurately reflect the adverse impact of substance abuse and addiction on public safety, that the public must have protection from violent offenders, and further intends that such sentences be based on policies that are supported by research and public policy goals established by the legislature." [ 2002 c 290 s 1.]
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.

catchline: Table 3—Drug offense sentencing grid.


title: RCW 9.94A.518

text:
TABLE 4
DRUG OFFENSES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
III
Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825
Controlled Substance Homicide (RCW 69.50.415)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Involving a minor in drug dealing (RCW 69.50.4015)
Manufacture of methamphetamine (RCW 69.50.401(2)(b))
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)
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)
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (*RCW 69.50.440)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
II
Create or deliver a counterfeit controlled substance (RCW 69.50.4011(1)(a))
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b))
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f))
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except cannabis as defined in RCW 69.50.101, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Possess, purchase, deliver, sell, or possess with intent to sell a tableting machine or encapsulating machine (RCW 69.50.418)
I
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Manufacture, deliver, or possess with intent to deliver cannabis as defined in RCW 69.50.101 (RCW 69.50.401(2)(c))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
[ 2023 c 66 s 2; 2022 c 16 s 5; (2022 c 16 s 4 expired July 1, 2023); 2021 c 311 s 15; 2003 c 53 s 57; 2002 c 290 s 9.]
Notes:
*Reviser's note: cf. 2002 c 134 s 1.
Short title—2023 c 66: See note following RCW 69.50.418.
Effective date—2022 c 16 ss 5, 9, 86, and 88: See note following RCW 69.50.4013.
Expiration date—2022 c 16 ss 4, 8, 85, and 87: See note following RCW 69.50.4013.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.

catchline: Table 4—Drug offenses seriousness level.


title: RCW 9.94A.520

text:
The offense seriousness level is determined by the offense of conviction.
[ 1990 c 3 s 703; 1983 c 115 s 6. Formerly RCW 9.94A.350.]

catchline: Offense seriousness level.


title: RCW 9.94A.525

text:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1)(a) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589.
(b) For the purposes of this section, adjudications of guilt pursuant to Title 13 RCW which are not murder in the first or second degree or class A felony sex offenses may not be included in the offender score.
(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent 10 consecutive years in the community without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate crimes for the offense as defined by RCW 46.61.5055(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offender score. All other convictions of the defendant shall be scored according to this section.
(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent 10 consecutive years in the community without committing any crime that subsequently results in a conviction.
(g) This subsection applies to both prior adult convictions and prior juvenile adjudications.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Neither out-of-state or federal convictions which would have been presumptively adjudicated in juvenile court under Washington law may be included in the offender score unless they are comparable to murder in the first or second degree or a class A felony sex offense. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all convictions or adjudications served concurrently as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction which is scorable under subsection (1)(b) of this section.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult violent felony conviction and juvenile violent felony conviction which is scorable under subsection (1)(b) of this section, and one point for each prior adult nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult convictions and juvenile convictions which are scorable under subsection (1)(b) of this section for crimes in this category, two points for each prior adult and scorable juvenile violent conviction (not already counted), and one point for each prior adult nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug; count one point for a deferred prosecution granted under chapter 10.05 RCW for a second or subsequent violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult prior conviction for homicide by watercraft or assault by watercraft; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which would be scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction. All other felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only adult prior escape convictions in the offender score. Count prior escape convictions as one point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions which are scorable under subsection (1)(b) of this section as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each prior Burglary 1 conviction, and two points for each prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section; however, count three points for each adult prior sex offense conviction and juvenile prior class A felony sex offense adjudication.
(18) If the present conviction is for failure to register as a sex offender under RCW * 9A.44.130 or 9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section; however, count three points for each adult prior sex offense conviction and juvenile prior sex offense conviction which is scorable under subsection (1)(b) of this section, excluding adult prior convictions for failure to register as a sex offender under RCW * 9A.44.130 or 9A.44.132, which shall count as one point.
(19) If the present conviction is for an offense committed while the offender was under community custody, add one point. For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter 9.94B RCW.
(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2, count priors as in subsections (7) through (18) of this section; however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2 conviction.
(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030 was pleaded and proven, count priors as in subsections (7) through (20) of this section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after August 1, 2011, for any of the following offenses: A felony violation of a no-contact or protection order (RCW 7.105.450 or former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 (RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or Arson 2 (RCW 9A.48.030);
(b) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after July 23, 2017, for any of the following offenses: Assault of a child in the first degree, RCW 9A.36.120; Assault of a child in the second degree, RCW 9A.36.130; Assault of a child in the third degree, RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 9A.42.020; or Criminal Mistreatment in the second degree, RCW 9A.42.030; and
(c) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was pleaded and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions. Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.
[ 2024 c 306 s 6; 2023 c 415 s 2; 2021 c 215 s 100; 2017 c 272 s 3; 2013 2nd sp.s. c 35 s 8; 2011 c 166 s 3; 2010 c 274 s 403; 2008 c 231 s 3. Prior: 2007 c 199 s 8; 2007 c 116 s 1; prior: 2006 c 128 s 6; 2006 c 73 s 7; prior: 2002 c 290 s 3; 2002 c 107 s 3; 2001 c 264 s 5; 2000 c 28 s 15; prior: 1999 c 352 s 10; 1999 c 331 s 1; 1998 c 211 s 4; 1997 c 338 s 5; prior: 1995 c 316 s 1; 1995 c 101 s 1; prior: 1992 c 145 s 10; 1992 c 75 s 4; 1990 c 3 s 706; 1989 c 271 s 103; prior: 1988 c 157 s 3; 1988 c 153 s 12; 1987 c 456 s 4; 1986 c 257 s 25; 1984 c 209 s 19; 1983 c 115 s 7. Formerly RCW 9.94A.360.]
Notes:
*Reviser's note: 2010 c 267 removed from RCW 9A.44.130 provisions relating to the crime of "failure to register" as a sex offender or kidnapping offender, and placed similar provisions in RCW 9A.44.132.
Effective date—2024 c 306: See note following RCW 9.94A.661.
Intent—2023 c 415: "The legislature intends to:
(1) Give real effect to the juvenile justice system's express goals of rehabilitation and reintegration;
(2) Bring Washington in line with the majority of states, which do not consider prior juvenile offenses in sentencing range calculations for adults;
(3) Recognize the expansive body of scientific research on brain development, which shows that adolescent's perception, judgment, and decision making differs significantly from that of adults;
(4) Facilitate the provision of due process by granting the procedural protections of a criminal proceeding in any adjudication which may be used to determine the severity of a criminal sentence; and
(5) Recognize how grave disproportionality within the juvenile legal system may subsequently impact sentencing ranges in adult court." [ 2023 c 415 s 1.]
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Intent—2010 c 274: See note following RCW 10.31.100.
Intent—2008 c 231 ss 2-4: See note following RCW 9.94A.500.
Application—2008 c 231 ss 2 and 3: See note following RCW 9.94A.500.
Severability—2008 c 231: See note following RCW 9.94A.500.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2007 c 116: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 116 s 2.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2002 c 290 ss 2 and 3: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Finding—Application—2002 c 107: See notes following RCW 9.94A.030.
Effective date—2001 c 264: See note following RCW 9A.76.110.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1999 c 331: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 1999]." [ 1999 c 331 s 5.]
Effective date—1998 c 211: See note following RCW 46.61.5055.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Application—1989 c 271 ss 101-111: See note following RCW 9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1988 c 157: See note following RCW 9.94A.030.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Offender score.


title: RCW 9.94A.530

text:
(1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the standard sentence range (see RCW 9.94A.510, (Table 1) and RCW 9.94A.517, (Table 3)). The additional time for deadly weapon findings or for other adjustments as specified in RCW 9.94A.533 shall be added to the entire standard sentence range. The court may impose any sentence within the range that it deems appropriate. All standard sentence ranges are expressed in terms of total confinement.
(2) In determining any sentence other than a sentence above the standard range, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing, or proven pursuant to RCW 9.94A.537. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence, except as otherwise specified in RCW 9.94A.537. On remand for resentencing following appeal or collateral attack, the parties shall have the opportunity to present and the court to consider all relevant evidence regarding criminal history, including criminal history not previously presented.
(3) In determining any sentence above the standard sentence range, the court shall follow the procedures set forth in RCW 9.94A.537. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the standard sentence range except upon stipulation or when specifically provided for in RCW 9.94A.535(3)(d), (e), (g), and (h).
[ 2023 c 102 s 15; 2008 c 231 s 4; 2005 c 68 s 2; 2002 c 290 s 18; 2000 c 28 s 12; 1999 c 143 s 16; 1996 c 248 s 1; 1989 c 124 s 2; 1987 c 131 s 1; 1986 c 257 s 26; 1984 c 209 s 20; 1983 c 115 s 8. Formerly RCW 9.94A.370.]
Notes:
Intent—2008 c 231 ss 2-4: See note following RCW 9.94A.500.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective date—2005 c 68: See notes following RCW 9.94A.537.
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Standard sentence range.


title: RCW 9.94A.533

text:
(1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by seventy-five percent.
(3) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) Five years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
(b) Three years for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, all firearm enhancements under this subsection shall be twice the amount of the enhancement listed;
(e) Notwithstanding any other provision of law, all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730;
(f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun or bump-fire stock in a felony;
(g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
(4) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) Two years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
(b) One year for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed;
(e) Notwithstanding any other provision of law, all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730;
(f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun or bump-fire stock in a felony;
(g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
(5) The following additional times shall be added to the standard sentence range if the offender or an accomplice committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(2) (a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(2) (c), (d), or (e);
(c) Twelve months for offenses committed under RCW 69.50.4013.
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to the standard sentence range for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435 or 9.94A.827. All enhancements under this subsection shall run consecutively to all other sentencing provisions, for all offenses sentenced under this chapter.
(7) An additional two years shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.
Notwithstanding any other provision of law, all impaired driving enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other impaired driving enhancements, for all offenses sentenced under this chapter.
An offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).
(8)(a) The following additional times shall be added to the standard sentence range for felony crimes committed on or after July 1, 2006, if the offense was committed with sexual motivation, as that term is defined in RCW 9.94A.030. If the offender is being sentenced for more than one offense, the sexual motivation enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to a sexual motivation enhancement. If the offender committed the offense with sexual motivation and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(i) Two years for any felony defined under the law as a class A felony or with a statutory maximum sentence of at least twenty years, or both;
(ii) Eighteen months for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;
(iii) One year for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both;
(iv) If the offender is being sentenced for any sexual motivation enhancements under (a)(i), (ii), and/or (iii) of this subsection and the offender has previously been sentenced for any sexual motivation enhancements on or after July 1, 2006, under (a)(i), (ii), and/or (iii) of this subsection, all sexual motivation enhancements under this subsection shall be twice the amount of the enhancement listed;
(b) Notwithstanding any other provision of law, all sexual motivation enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other sexual motivation enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730;
(c) The sexual motivation enhancements in this subsection apply to all felony crimes;
(d) If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a sexual motivation enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced;
(e) The portion of the total confinement sentence which the offender must serve under this subsection shall be calculated before any earned early release time is credited to the offender;
(f) Nothing in this subsection prevents a sentencing court from imposing a sentence outside the standard sentence range pursuant to RCW 9.94A.535.
(9) An additional one-year enhancement shall be added to the standard sentence range for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on or after July 22, 2007, if the offender engaged, agreed, or offered to engage the victim in the sexual conduct in return for a fee. If the offender is being sentenced for more than one offense, the one-year enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement. If the offender is being sentenced for an anticipatory offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the offender attempted, solicited another, or conspired to engage, agree, or offer to engage the victim in the sexual conduct in return for a fee, an additional one-year enhancement shall be added to the standard sentence range determined under subsection (2) of this section. For purposes of this subsection, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
(10)(a) For a person age eighteen or older convicted of any criminal street gang-related felony offense for which the person compensated, threatened, or solicited a minor in order to involve the minor in the commission of the felony offense, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by one hundred twenty-five percent. If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence is the presumptive sentence unless the offender is a persistent offender.
(b) This subsection does not apply to any criminal street gang-related felony offense for which involving a minor in the commission of the felony offense is an element of the offense.
(c) The increased penalty specified in (a) of this subsection is unavailable in the event that the prosecution gives notice that it will seek an exceptional sentence based on an aggravating factor under RCW 9.94A.535.
(11) An additional twelve months and one day shall be added to the standard sentence range for a conviction of attempting to elude a police vehicle as defined by RCW 46.61.024, if the conviction included a finding by special allegation of endangering one or more persons under RCW 9.94A.834.
(12) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.831.
(13) An additional twelve months shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.520 or for vehicular assault committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.522, or for any felony driving under the influence (RCW 46.61.502(6)) or felony physical control under the influence (RCW 46.61.504(6)) for each child passenger under the age of sixteen who is an occupant in the defendant's vehicle. These enhancements shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other minor child enhancements, for all offenses sentenced under this chapter. If the addition of a minor child enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions.
(14) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.832.
(15) An additional 12 months may, at the discretion of the court, be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.828.
(16) Regardless of any provisions in this section, if a person is being sentenced in adult court for a crime committed under age eighteen, the court has full discretion to depart from mandatory sentencing enhancements and to take the particular circumstances surrounding the defendant's youth into account.
[ 2024 c 301 s 28. Prior: 2020 c 330 s 1; 2020 c 141 s 1; 2018 c 7 s 8; 2016 c 203 s 7; 2015 c 134 s 2; 2013 c 270 s 2; 2012 c 42 s 3; 2011 c 293 s 9; 2009 c 141 s 2; prior: 2008 c 276 s 301; 2008 c 219 s 3; 2007 c 368 s 9; prior: 2006 c 339 s 301; 2006 c 123 s 1; 2003 c 53 s 58; 2002 c 290 s 11.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
Effective dates—2018 c 7: See note following RCW 9.41.010.
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
Short title—2008 c 219: See note following RCW 9.94A.834.
Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
Effective date—2006 c 123: "This act takes effect July 1, 2006." [ 2006 c 123 s 4.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.

catchline: Adjustments to standard sentences.