Additionally, the Washington state supreme court has repeatedly held in the past that the provisions of the sentencing reform act act upon and punish only current conduct the sentencing reform act does not act upon or alter the punishment for prior convictions. As noted in the minority opinions in Cruz and Smith, such application of the law does not involve retroactive application or violate ex postfacto prohibitions. ![]() For purposes of this subsection: (A) "Home-based instruction" has the same meaning as defined in RCW 28A.225.010 and (B) "teacher, counselor, volunteer, or other person in authority" does not include the parent or legal guardian of the victim.Īlthough certain prior convictions previously were not counted in the offender score or included in the criminal history pursuant to former versions of RCW 9.94A.525, or RCW 9.94A.030, those prior convictions need not be "revived" because they were never vacated. For purposes of this subsection, "school" does not include home-based instruction as defined in RCW 28A.225.010 (ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision (iii) a pastor, elder, volunteer, or other person in authority in any church or religious organization, and the victim was a member or participant of the organization under his or her authority or (iv) a teacher, counselor, volunteer, or other person in authority providing home-based instruction and the victim was a student receiving home-based instruction while under his or her authority or supervision. ![]() (38) "Predatory" means: (a) The perpetrator of the crime was a stranger to the victim, as defined in this section (b) the perpetrator established or promoted a relationship with the victim prior to the offense and the victimization of the victim was a significant reason the perpetrator established or promoted the relationship or (c) the perpetrator was: (i) A teacher, counselor, volunteer, or other person in authority in any public or private school and the victim was a student of the school under his or her authority or supervision.
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