Chapter 9.94A RCW
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RCW 9.94A.310 (1) TABLE 1
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence 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 75 percent. (3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon 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 times shall be added to the presumptive range determined under subsection (2) of this section: (a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020); (b) 18 months for Burglary 1 (RCW 9A.52.020); (c) 12 months for any violent offense except as provided in (a) and (b) of this subsection, Escape 1 (RCW 9A.76.110), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Lifestock 1 or 2 (RCW 9A.56.080, or any drug offense. (4) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter 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 as that term is defined in this chapter, 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 times shall be added to the presumptive sentence range determined under subsection (2) of this section: (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or 69.50.410; (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (ii), (iii), and (iv); (c) Twelve months for offenses committed under RCW 69.50.401(d). 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. (5) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435. [1994 sp.s. c 7 § 512; 1992 c 145 § 9; 1991 c 32 § 2; 1990 c 3 § 701; prior: 1989 c 271 § 101; 1989 c 124 § 1; 1988 c 218 § 1; 1986 c 257 § 22; 1984 c 209 § 16; 1983 c 115 § 2. Recodified in 2001 as RCW 9.94A.510.] NOTES: Finding -- Intent -- Severability -- Effective dates -- Contingent expiration date -- 1994 sp.s. c 7: See notes following RCW 43.70.540. Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902. Application -- 1989 c 271 §§ 101-111: "Sections 101-111 of this act apply to crimes committed on or after July 1, 1989." [1989 c 271 § 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 § 606.] Severability -- 1986 c 257: See note following RCW 9A.56.010. Effective date -- 1986 c 257 §§ 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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