Chapter 9.94A RCW
If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).
The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence:
(1) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.
(2) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.
(3) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.
(4) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(5) The defendant's capacity to appreciate the wrongfulness of his conduct, or to conform his conduct to the requirements of the law, was significantly impaired. Voluntary use of drugs or alcohol is excluded.
(6) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(1) The defendant's conduct during the commission of the offense manifested deliberate cruelty to the victim.
(2) The defendant knew or should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.
(3) The offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:
(a) The offense involved multiple victims or multiple incidents per victim;
(b) The offense involved attempted or actual monetary loss substantially greater than typical for the offense;
(c) The offense involved a high degree of sophistication or planning or occurred over a lengthy period of time;
(d) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the offense.
(4) The offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:
(a) The offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so; or
(b) The offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use; or
(c) The offense involved the manufacture of controlled substances for use by other parties; or
(d) The offender possessed a firearm during the commission of the offense; or
(e) The circumstances of the offense reveal the offender to have occupied a high position in the drug distribution hierarchy; or
(f) The offense involved a high degree of sophistication or planning, occurred over a lengthy period of time, or involved a broad geographic area of disbursement; or
(g) The offender used his or her position or status to facilitate the commission of the offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional); or
The above considerations are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
[1984 c 209 § 24; 1983 c 115 § 10. Recodified in 2001 as RCW 9.94A.535.]
Effective dates -- 1984 c 209: See note following RCW 9.94A.030.
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