Wash. Rev. Code § 9.94A.030
Definitions: the cases that interpreted this section
1,429 citing cases reviewed of 1,719 in the citation index: 799 interpreted the section (annotated below), 630 cited it only in passing. Cases filed after 2026-06-15 may not have been reviewed yet.
Have a situation under Wash. Rev. Code § 9.94A.030?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Most serious offenses
Law changed since Laws of 2019, ch. 187, § 1 removed second degree robbery from “most serious offense” effective July 28, 2019. State v. Jenks (2020) held the former classification still governs sentences for earlier offenses.
Section 9.94A.030(32) includes attempted second degree robbery as a most serious offense; an Arkansas aggravated robbery conviction is legally comparable even though Arkansas law does not require an actual taking.
State Of Washington v. Dorsey · filed 2013-07-08(32)
As relevant here, a "most serious offense" is defined to include both robbery in the second degree and felony "attempt" to commit robbery in the second degree.44 ... Attempted second degree robbery under Washington law does not require actual taking of property and is legally comparable to aggravated robbery under Arkansas law.49 We affirm the persistent offender sentence.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Attempted second degree robbery is a most serious offense under RCW 9.94A.030(32).
State Of Washington v. Pettie · filed 2014-03-03(32)
Pettie's 1993 and 2004 convictions for second degree attempted robbery are most serious offenses under the statute.Read the full opinion on CourtListener →
Section 9.94A.030(32)(t) classifies residential burglary with a firearm as a most serious offense that can serve as a prior strike under the POAA.
State v. Witherspoon · filed 2014-07-17(32)(t)
Exhibit 3 showed the defendant had committed a residential burglary with a firearm, which is a most serious offense pursuant to RCW 9.94A.030(32)(t).Read the full opinion on CourtListener →
A felony committed before December 2, 1993, qualifies as a most serious offense only if it is legally or factually comparable to a most serious offense.
State v. Webb · filed 2014-08-26(32)(u)
Felonies committed before December 2, 1993, are classified as most serious offenses if they are comparable to a most serious offense. RCW 9.94A.030(32)(u). ... The 1982 conviction is not legally or factually comparable to a most serious offense. Therefore, the trial court erred when it sentenced Webb as a persistent offender.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 9.94A.030(32) classifies first degree robbery, second degree robbery, and first degree assault as most serious offenses that count as strikes for persistent offender sentencing.
State of Washington v. Giles · filed 2015-01-27(32)
Under the POAA, three of the four convictions at issue in this case-first degree robbery, second degree robbery, and first degree assault-required the court to sentence Jason Giles to life in prison without the possibility of parole. See RCW 9.94A.030(32), .555, .570. Each of these three offenses is Jason Giles' third strike, because of earlier convictions.Read the full opinion on CourtListener →
Second degree murder is a most serious offense that counts as a strike for persistent offender sentencing.
State of Washington v. Hart · filed 2015-06-18(32)(a)
Under the POM, Mr. Hart's second degree murder conviction is a strike offense. See RCW 9A.32.050; RCW 9.94A.030(32)(a).Read the full opinion on CourtListener →
A felony such as felony harassment or third degree assault becomes a most serious offense when it has a deadly weapon enhancement.
State Of Washington v. Estes · filed 2016-04-19(32)(t)
Felony harassment, RCW 9A.46.020, is not a third strike crime in and of itself. It only becomes a strike when a deadly weapon enhancement attaches to it. The same is true for the crime of assault in the third degree. Former RCW 9.94A.030(32)(t).Read the full opinion on CourtListener →
For an out-of-state conviction, § 9.94A.030(33)(u) uses the offenses classified as most serious when the defendant committed the current offense.
State Of Washington v. Garrison · filed 2015-09-08(33)(u)
In this context, the relevant comparison is to offenses that would have constituted "most serious offenses" at the time that the defendant committed the offense for which he is being sentenced.Read the full opinion on CourtListener →
A prior felony with a weapon enhancement does not qualify as a most serious offense under subsection (32)(t) without a deadly weapon verdict.
State of Washington v. Castro · filed 2016-08-30(32)(t)
The State claims the conspiracy to deliver a controlled substance with a deadly weapon enhancement is a serious offense under RCW 9.94A.030(32)(t), which provides: "[a]ny other felony with a deadly weapon verdict under RCW 9.94A.825" is a serious offense. ... This argument fails, however, because neither the judge nor a jury entered a deadly weapon finding in the earlier prosecution.Read the full opinion on CourtListener →
Section 9.94A.030(33)(t) includes any other felony with a deadly weapon verdict among the most serious offenses that count as strikes.
State v. Estes · filed 2017-06-08(33)(t)
The definition includes a list of specific felonies, but also includes "[a]ny other felony with a deadly weapon verdict." RCW 9.94A.030(33)(t).Read the full opinion on CourtListener →
A felony qualifies as a most serious offense under subsection (33)(t) when it has a deadly weapon verdict; a firearm enhancement verdict does not suffice.
State of Washington v. Vazquez · filed 2017-08-22(33)(t)
RCW 9.94A.030(33)(t) provides that any felony offense with a "deadly weapon verdict" is a most serious offense But the State never sought a deadly weapon verdict that would have been governed by RCW 9.94A.825. It instead sought a firearm enhancement under RCW 9.94A.533(3).Read the full opinion on CourtListener →
First degree robbery and second degree assault are most serious offenses under the persistent offender law.
State Of Washington v. Moretti · filed 2017-10-31(33)(a), (b)
Both robbery in the first degree and assault in the second degree are classified as a most serious offense under the POAA.Read the full opinion on CourtListener →
Section 9.94A.030(33)(a) classifies promoting sexual abuse of a minor, a class A felony, as a most serious offense.
State Of Washington v. Lewis · filed 2018-02-20(33)(a)
In Lewis's case, promoting sexual abuse of a minor is a class A felony, which is also a "most serious offense." See RCW 9.68A.101(2); RCW 9.94A.030(33)(a). This factor does not weigh in Lewis's favor.Read the full opinion on CourtListener →
The 2019 removal of second degree robbery from the definition of “most serious offense” does not apply to sentences for crimes committed before the amendment took effect.
State Of Washington v. Jenks · filed 2020-03-03(33)
We hold that the 2019 amendment to RCW 9.94A.030(33) removing second degree robbery from the list of offenses that qualify as strike offenses under the POAA does not apply to invalidate Jenks’s sentence.Read the full opinion on CourtListener →
The 2019 amendment removing second degree robbery from the list of most serious offenses does not apply to preamendment persistent offender sentences on direct appeal.
State Of Washington v. Molia · filed 2020-04-06(33)
The 2019 amendment to RCW 9.94A.030(33) removing second degree robbery from the list of most serious offenses does not apply to his case on appeal.Read the full opinion on CourtListener →
The 2019 amendment removing second degree robbery from the definition of a most serious offense applies prospectively.
State Of Washington v. Yancy Ray · filed 2020-06-16(33)
Consistent with our recent decision in State v Jenks, we hold that the 2019 amendments ... to RCW 9.94A.030(33) apply prospectively, not retroactively.Read the full opinion on CourtListener →
The 2019 removal of second-degree robbery from the definition of “most serious offense” does not apply to a sentence imposed before the amendment, even when the case is on appeal.
State Of Washington v. Conyers · filed 2020-06-08(33)
Conyers argues either that the change in the law should be applied prospectively because his case is on appeal, or in the alternative, that the law should be applied retroactively to his case. ... We follow those cases and reject Conyers’s argument.Read the full opinion on CourtListener →
The 2019 removal of second degree robbery from the POAA strike offense list does not apply to offenses committed before the amendments took effect.
Personal Restraint Petition Of Bryan Dorsey Aka Brian Dorsey · filed 2020-09-14
But this court in State v. Molia, 12 Wn. App. 2d 895, 904, 460 P.2d 1086 (2020) held that the 2019 amendments do not apply retroactively to offenses committed prior to their effective date. Thus, Dorsey cannot show that the amendments would entitle him to resentencing.Read the full opinion on CourtListener →
A felony under former Washington law counts as a most serious offense when its elements are comparable to those of a current most serious offense.
In the Matter of the Personal Restraint of: Edward Leon Nelson · filed 2020-07-09(32)(t)
A comparability analysis, under RCW 9.94A.030(32)(t), contains a legal and factual prong. ... Because we conclude that the two crimes are legally comparable we do not address factual comparability.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Former subsection (32)(o) classified second degree robbery as a most serious offense that counted as a strike for persistent offender sentencing.
State v. Jenks · filed 2021-05-27(32)(o)
Under former RCW 9.94A.030(32)(o), Jenks had three strikes: one conviction for second degree robbery (at issue here) as well as two convictions for first degree robbery, including his current offense.Read the full opinion on CourtListener →
First degree animal cruelty is neither a most serious offense nor a violent offense under the statutory definitions.
State Of Washington, V. Doll · filed 2022-06-28(33), (55)
It is not a “most serious offense” or a “violent offense.” See former RCW 9.94A.030(33), (55) (2020).Read the full opinion on CourtListener →
Section 9.94A.030 includes second degree robbery with a deadly weapon enhancement among the most serious offenses.
State Of Washington, V. Smith · filed 2022-08-23(32)(s)
Although second degree robbery, by itself, is no longer a most serious offense, second degree robbery with a deadly weapon enhancement remains so.Read the full opinion on CourtListener →
Second degree assault is a most serious offense that counts toward persistent offender status.
State Of Washington, V. Davis · filed 2022-11-08(32)(b)
Second degree assault is a most serious offense. RCW 9.94A.030(32)(b).Read the full opinion on CourtListener →
Assault in the second degree is both a “most serious offense” and a “violent offense” under the section’s definitions.
State Of Washington, Resp V. Ritchie · filed 2022-12-05
Assault in the second degree is designated as a “most serious offense.” RCW 9.94A.030(32)(b). It is also designated as a “violent offense.” RCW 9.94A.030(58)(a)(viii).Read the full opinion on CourtListener →
Section 9.94A.030(32)(u)(i) classifies qualifying prior indecent liberties convictions under former RCW 9A.44.100 as most serious offenses.
State Of Washington, V. Herrick · filed 2023-06-20(32)(u)(i)
Herrick’s first offense was in 1980, where he pled guilty to one count of indecent liberties in violation of former RCW 9A.44.100 (1979). Herrick was convicted of two additional counts of indecent liberties under RCW 9A.44.100(b) in 1985. They constituted as most serious offenses under RCW 9.94A.030(32)(u)(i). These convictions counted toward his strike offenses, and his current convictions for child molestation counted as his third strike offense.Read the full opinion on CourtListener →
Section 9.94A.030’s definition of “most serious offense” excludes second degree robbery after the 2019 amendment.
State v. Rivers · filed 2023-08-03(33)
After Engrossed Substitute Senate Bill 5288, second degree robbery no longer qualifies as a most serious offense. LAWS OF 2019, ch. 187, § 1 (amending RCW 9.94A.030(33)).Read the full opinion on CourtListener →
Section 9.94A.030(32)(m) defines first degree promoting prostitution as a most serious offense.
State of Washington v. Nelson · filed 2024-04-04(32)(m)
Under RCW 9.94A.030(32)(m), promoting prostitution in the first degree is a most serious offense.Read the full opinion on CourtListener →
Former RCW 9.94A.030(33) includes third degree rape among the offenses relevant to persistent offender sentencing.
Personal Restraint Petition of Logan Hugh Humphrey · filed 2024-06-04(33)(a), (b), (n)
Lastly, given Humphrey’s criminal history and guilty plea to first degree assault in an unrelated incident, if Humphrey was convicted of first, second, or third degree rape; second degree assault; or first degree kidnapping, he would have still been sentenced as a persistent offender. See former RCW 9.94A.030(33)(a), (b), (n).Read the full opinion on CourtListener →
A felony committed with a deadly weapon is a most serious offense for persistent offender sentencing.
In the Matter of the Personal Restraint of: Jimmy D. Click · filed 2025-02-25(32)(s)
And because a most serious offense in Washington includes any felony committed with a deadly weapon, Click’s 1983 California conviction counts as a most serious offense for sentencing under the POAA.Read the full opinion on CourtListener →
Crime-related prohibitions
A community custody condition is crime related only if the prohibited conduct directly relates to the circumstances of the offense; a recording equipment ban lacks that connection when the equipment played no role in the crimes.
State of Washington v. Del Rio · filed 2026-03-31(10)
Trial courts have statutory authority to impose community custody conditions that are crime-related, meaning that the conditions “prohibit[] conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10); State v. Irwin, 191 Wn. App. 644, 656, 364 P.3d 830 (2015). ... There is no evidence that audio or video recording equipment played any role in DelRio’s offenses. See Irwin, 191 Wn. App. at 656-57. Accordingly, we accept the State’s concession and remand for the trial court to strike special condition 26.Read the full opinion on CourtListener →
A crime-related prohibition restricts conduct directly related to the circumstances of the offense; without a record of those circumstances, a court cannot find the restriction unrelated.
State v. Armstrong · filed 1998-06-01(11)
The statutory definition of a “crime-related” prohibition is an order “prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.”... Without the presentence report in the record to inform this court of the circumstances of the crime and the reason for the pornography prohibition, we cannot conclude the condition is unrelated to the circumstances of the crime.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense, but no causal link between the prohibited conduct and the offense is required.
State v. Armstrong · filed 1998-07-21(11)
The statutory definition of a "crime-related" prohibition is an order "prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." [13] We have previously held that no causal link need be established between the condition imposed and the crime committed, so long as the condition is related to the circumstances of the crime. [14] Without the presentence report in the record to inform this court of the circumstances of the crime and the reason for the pornography prohibition, we cannot conclude the condition is unrelated to the circumstances of the crime.Read the full opinion on CourtListener →
A condition is crime-related if it directly relates to the circumstances of the crime.
State v. Vasquez · filed 1998-12-28(11)
A condition is crime-related if it directly relates to the circumstances of the crime.Read the full opinion on CourtListener →
The definition of a crime-related prohibition does not limit the conditions a court may impose after finding grounds for an exceptional sentence.
State v. Schmeck · filed 1999-12-28(11)
Once a trial court finds grounds for an exceptional sentence, it is not limited to imposing conditions that qualify as crime-related prohibitions under former RCW 9.94A.030(11) (1997).Read the full opinion on CourtListener →
The 1997 amendment to § 9.94A.030(11) clarifies that affirmative acts such as polygraph testing may be required to monitor compliance with sentencing conditions.
State v. Riles · filed 1998-06-04(11)
In two provisions, RCW 9.94A.030(11) and 9.94A.120(14), new language was added which authorizes a court to order affirmative acts necessary to monitor compliances with sentencing conditions. ... These amendments suggest the Legislature intended to confirm the practice of allowing testing, such as polygraphs, for monitoring compliance with sentencing conditions.Read the full opinion on CourtListener →
Section 9.94A.030(12) requires a crime-related prohibition to restrict conduct directly related to the offense; it did not authorize a ban on profiting from the story of these crimes.
State v. Letourneau · filed 2000-04-17(12)
We also strike the provision that prohibits Letourneau from profiting directly or indirectly from any commercialization related to her crimes because this is not a “crime-related prohibition” as defined by RCW 9.94A.030(12) and is not otherwise authorized by the statutes governing community custody or supervision applicable to Letourneau’s conviction.Read the full opinion on CourtListener →
A ban on profiting from publicity about a crime is not a crime-related prohibition when financial gain is not directly related to the crime.
State v. Letourneau · filed 2000-06-08(12)
We also strike the provision that prohibits Letourneau from profiting directly or indirectly from any commercialization related to her crimes because this is not a "crime-related prohibition" as defined by RCW 9.94A.030(12) and is not otherwise authorized by the statutes governing community custody or supervision applicable to Letourneau's conviction.Read the full opinion on CourtListener →
Community supervision conditions must relate directly to the offense; an alcohol prohibition is unauthorized without a finding that alcohol contributed to the crime.
State v. Julian · filed 2000-08-29(7)
The Sentencing Reform Act of 1981(SRA) provides that conditions of community supervision must relate directly to the crime for which the felony offender was convicted. RCW 9.94A.030(7). ... In the absence of a finding that use or possession of alcohol contributed to the offense, the court exceeded its statutory authority by imposing the condition.Read the full opinion on CourtListener →
A crime-related prohibition must relate directly to the offender’s crime, limiting a corrections officer’s authority to supervise unrelated conduct.
Estate of Davis v. Department of Corrections · filed 2005-04-05(12)
A “crime-related prohibition” is something that relates directly to the crime. RCW 9.94A.030(12). ... Mr. Scott did not have the authority to prohibit or supervise Mr. Erickson’s conduct unrelated to his underlying conviction.Read the full opinion on CourtListener →
A no-contact condition involving a witness to the crime is a crime-related prohibition when it directly relates to the circumstances of the crime.
State v. Warren · filed 2006-07-10(12)
A crime-related prohibition means "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(12). ... We conclude the order prohibiting contact with Lisa Warren was directly related to the circumstances of the crime and was not an unconstitutional restriction on Warren's constitutional rights.Read the full opinion on CourtListener →
A court may impose a crime-related no-contact order without a domestic violence designation under § 9.94A.030(13) and § 9.94A.505(8).
State v. Winston · filed 2006-10-10(13)
Furthermore, the trial court had discretion to impose the no-contact order even without the "domestic violence" designation. See RCW 9.94A.030(13), [5] 9.94A.505(8).Read the full opinion on CourtListener →
A crime-related prohibition need not have a causal link to the offense, but it must relate to the circumstances of the crime.
State v. Acrey · filed 2006-11-13(13)
Under RCW 9.94A.030(13), no causal link need be established between the prohibition imposed and the crime committed, so long as the condition relates to the circumstances of the crime.Read the full opinion on CourtListener →
A restriction on sexual contact is crime-related when it reasonably relates to a sex offense involving a minor, including requirements for explicit consent and prior approval.
State v. Autrey · filed 2006-12-28(13)
A "crime-related prohibition" is an order prohibiting conduct that directly relates to the circumstances of the crime. RCW 9.94A.030(13). ... Thus, the "explicit consent" requirement is reasonably crime-related. ... Here, the offender's freedom of choosing even adult sexual partners is reasonably related to their crimes because potential romantic partners may be responsible for the safety of live-in or visiting minors.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; conditions requiring explicit consent and prior official approval for sexual contact met that standard here.
State v. Simpson · filed 2007-01-25(12)
A "crime-related prohibition" is an order prohibiting conduct that directly relates to the circumstances of the crime. Former RCW 9.94A.030(12). ... Therefore, requiring unequivocal consent is reasonably related to his crime. ... Again for us, limiting this offender's sexual freedom is reasonably related to an offense involving overstepping boundaries.Read the full opinion on CourtListener →
A crime-related prohibition restricts conduct directly related to the circumstances of the offender’s crime.
State v. Bahl · filed 2007-02-26(13)
By statute, a “crime-related prohibition” prohibits conduct that directly relates to the circumstances of the crime for which the offender has been convicted. RCW 9.94A.030(13). ... An order limiting Bahl’s access to sexually stimulating materials and environments relates directly to that aspect of his crime.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offender’s crime.
State v. Bahl · filed 2007-03-19(12)
By statute, a "crime-related prohibition" prohibits conduct that directly relates to the circumstances of the crime for which the offender has been convicted. RCW 9.94A.030(12). ... An order limiting Bahl's access to sexually stimulating materials and environments relates directly to that aspect of his crime.Read the full opinion on CourtListener →
A crime-related prohibition may include an order barring contact with a witness when the contact directly relates to the circumstances of the offense.
State v. Armendariz · filed 2007-04-19(13)
RCW 9.94A.030(13) defines a "crime-related prohibition" as "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted. . . ." RCW 9.94A.030(13). Together, these provisions plainly authorize trial courts, as part of any sentence, to impose orders prohibiting conduct directly relating to the circumstances of an offender's crime. Such orders reasonably include no-contact orders regarding witnesses like the order at issue in this case.Read the full opinion on CourtListener →
A crime-related condition must directly relate to the circumstances of the crime, and a crime-related prohibition cannot require affirmative conduct.
State v. Motter · filed 2007-07-24(13)
A condition is crime-related if it directly relates to the circumstances of the crime. RCW 9.94A.030(13); State v. Llamas-Villa, 67 Wash.App. 448, 456, 836 P.2d 239 (1992). But subsection (e), relating to "crime-related prohibitions," does not allow a court to order affirmative conduct. RCW 9.94A.030(13).Read the full opinion on CourtListener →
Section 9.94A.030(13) allows crime-related prohibitions to include affirmative acts needed to monitor compliance with a court order.
State v. Castro · filed 2007-10-30(13)
These conditions do not exclude ordering "affirmative acts necessary to monitor compliance with the order of a court." RCW 9.94A.030(13); State v. Riles, 135 Wash.2d 326, 342-43, 957 P.2d 655 (1998).Read the full opinion on CourtListener →
A crime-related prohibition may bar contact with someone other than a direct victim when protecting that person is directly related to the circumstances of the crime.
State v. Warren · filed 2008-11-20(13)
"Crime-related prohibitions" are orders directly related to "the circumstances of the crime." RCW 9.94A.030(13). ... Under these unique facts, we agree with the Court of Appeals that the order prohibiting contact with Lisa was directly related to the circumstances of the crime and was not an unconstitutional restriction on Warren's constitutional rights.Read the full opinion on CourtListener →
A crime-related prohibition restricts conduct directly related to the circumstances of the offense; it can include unsupervised contact with children in the offender’s household when needed to protect them from similar abuse.
State v. Berg · filed 2008-12-29(13)
As a condition of a sentence, the trial court may impose "[c]rime-related prohibition[s]" and prohibit "conduct that directly relates to the circumstances of the crime for which the offender has been convicted." [46] ... An order restricting contact with other female children who lived in the home was therefore reasonable to protect those children from the same type of harm.Read the full opinion on CourtListener →
A crime-related prohibition may reflect the underlying offense when that offense is a circumstance of the crime of failure to register as a sex offender.
State v. Williams · filed 2010-08-02(13)
“Crime related prohibitions” are defined as “an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” Former RCW 9.94A.030(13) (2007). ... The nature of Williams’s underlying conviction was an accessory fact properly considered by the court at sentencing. Thus, the prohibition against unsupervised contact with minors was reasonable, because it was directly related to the circumstances of the crime of failure to register.Read the full opinion on CourtListener →
A crime-related prohibition may address the underlying sex offense when that offense is a circumstance of the offender’s failure to register.
State v. Williams · filed 2010-09-20(13)
Crime related prohibitions are defined as "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." Former RCW 9.94A.030(13) (2007). ... The nature of Williams's underlying conviction was an accessory fact properly considered by the court at sentencing. Thus, the prohibition against unsupervised contact with minors was reasonable, because it was directly related to the circumstances of the crime of failure to register.Read the full opinion on CourtListener →
Section 9.94A.030(12) defines a crime-related prohibition to include a no-contact order covering an offender’s children when they fall within a class of people he victimized.
State v. Corbett · filed 2010-11-16(12)
The trial court's no-contact order prohibiting Corbett from having contact with his biological children is directly related to his crime because they fall within a class of persons he victimized.Read the full opinion on CourtListener →
Crime-related prohibitions must be directly related to the circumstances of the offense for which the person was convicted.
State v. Cordero · filed 2012-08-28(10)
“Crime-related prohibitions” are orders directly related to “the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... Given the absence of any evidence that Mr. Cordero’s crime was gang related, the trial court had no tenable grounds for imposing the gang-related prohibitions; indeed, it appears that they might have been included in the proposed judgment by mistake. Because the prohibitions are not in any way crime related, they must be stricken.Read the full opinion on CourtListener →
Section 9.94A.030(13) defines a crime-related prohibition as a court order, so the definition does not apply to conditions imposed by DOC.
In re the Personal Restraint of Golden · filed 2012-12-13(13)
A “crime-related prohibition” is defined as “an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” Former RCW 9.94A.030(13) (2006) (emphasis added). This definition does not apply to DOC, which is an agency and not a court.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct directly related to the circumstances of the offense.
State Of Washington, / Cross- App. v. Jeffrey Michael Kinzle, / Cross-res. · filed 2013-05-13(10)
A "crime-related prohibition" is "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted."Read the full opinion on CourtListener →
A crime-related prohibition may restrict contact with minor children when the restriction directly relates to the circumstances of the crime.
State Of Washington, Resp. v. Jeffrey M. Harper, App. · filed 2013-06-17(13)
"Crime-related prohibitions" are orders directly related to "the circumstances of the crime."... Here, the condition restricting contact between Harper and minor children is clearly crime-related.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; alcohol-related conditions cannot stand without evidence that alcohol was involved.
State of Washington v. Patrick Gale Wilson · filed 2013-08-15(12)
A "crime-related prohibition" is defined, in relevant part, as '" [a]n order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.'" State v. Letourneau, 100 Wn. App. 424,431,997 P.2d 436 (2000) (quoting former RCW 9.94A.030(12) (1999». ... For the remaining conditions, the State concedes that the conditions are not proper because there is no evidence that alcohol was involved in the commission of Mr. Wilson's crime. Thus, on remand, the remaining conditions regarding alcohol are to be stricken.Read the full opinion on CourtListener →
The 1997 amendment to subsection (11) clarified that community placement may require affirmative acts to monitor compliance, including for earlier offenses.
State v. Maples · filed 2012-10-02(11)
But in 1997, the legislature added this requirement to two statutes, RCW 9.94A.030(11) and RCW 9.94A. 120(14). Laws of 1997, ch. 144, §§ 1, 2. And in State v. Riles, 135 Wn.2d 326, 342-43, 957 P.2d 655 (1998), our Supreme Court held that the 1997 amendments were intended to clarify the statutes and resolve any ambiguities as to their meaning. Thus in enacting these 1997 amendments, the legislature properly exercised its legislative function and did not violate the separation of powers doctrine. Hence, the sentencing court here properly imposed this compliance monitoring condition on Maples.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition as an order barring conduct directly related to the circumstances of the offense of conviction.
State of Washington v. Volk · filed 2014-02-04(10)
A crime- related prohibition is "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A030(10).Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; restrictions on computer and Internet use, contact with minors, and drug paraphernalia do not qualify without evidence connecting them to the crime.
State Of Washington v. Gutierrez · filed 2014-03-24(10)
A" '[cjrime-related prohibition'.. . directly relates to the circumstances of the crime for which the offender has been convicted." ... The State concedes that because there is no evidence the charged crime involved the use of a computer or the Internet, harm to minors, or the use of drugs, these conditions are not crime related. We accept the State's concession.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime related prohibition as a restriction on conduct directly related to the circumstances of the offense; gang restrictions can qualify when the offense involved gang conduct.
State of Washington v. Farias-Gallegos · filed 2014-04-24(10)
A "crime related prohibition" is "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... Thus, the trial court's condition of avoiding gang members and paraphernalia relate to the ... circumstances of Farias-Gallegos shooting at I.M.Read the full opinion on CourtListener →
A prohibition on unsupervised contact with minors is crime-related when the offender sexually exploited his 17-year-old daughter.
State Of Washington v. Watts · filed 2014-07-28(10)
" 'Crime-related prohibition' means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." ... Here, as in Corbett and Berg, because Watts sexually exploited the relationship with his 17-year-old daughter, the no-contact order with minors was reasonable.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct directly related to the circumstances of the offense.
State Of Washington v. Kelvin Keon Kerville Marshall · filed 2014-07-28(10)
The State correctly concedes that the sentencing court ... lacked statutory authority to bar Marshall from possessing or perusing sexually explicit materials, since the record contains no evidence that Marshall's crime involved sexually explicit materials.Read the full opinion on CourtListener →
Crime-related prohibitions cannot require an offender to perform affirmative conduct; an affirmative condition requires express authorization under the Sentencing Reform Act.
State v. Button · filed 2014-08-19(10)
Crime-related prohibitions may not include orders that direct an offender to perform affirmative conduct. RCW 9.94A.030(10); Acrey, 135 Wn. App. at 945. ... Consequently, any order directing an offender to affirmatively do something is an affirmative condition and must be expressly authorized by the SRA.Read the full opinion on CourtListener →
A crime-related prohibition restrains conduct that directly relates to the circumstances of the offense.
State of Washington v. Andlovec · filed 2014-09-04(10)
A "crime-related prohibition" is a restraint on "conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(l0). ... Nothing in the record relates alcohol to the circumstances of Andlovec's convictions.Read the full opinion on CourtListener →
A crime-related prohibition requires a factual connection to the offense.
State Of Washington v. Stephens · filed 2014-11-10(10)
Here, nothing in the record suggests that alcohol contributed to Stephens's offenses or that the trial court's prohibition of possessing or using alcohol and frequenting establishments that feature alcohol was crime related.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; restrictions on gang-related clothing and markings can qualify.
State of Washington v. Deleon · filed 2014-12-23(10)
A "crime-related prohibition" is "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... Here, the community custody prohibitions are sufficiently crime related.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; a restriction on sexually explicit material lacks that connection without evidence linking it to the conviction.
State Of Washington v. Gabino · filed 2015-01-20(10)
"'Crime-related prohibition' means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... No evidence indicates that use of sexually explicit material was related to Gabino's conviction of first degree child molestation.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the crime for which the offender was convicted.
Personal Restraint Petition Of Raymond H Moultrie · filed 2015-03-09(10)
A"crime-related prohibition" is one that involves "conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10).Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition as an order restricting conduct directly related to the circumstances of the offense.
State of Washington v. Licon · filed 2015-03-10(10)
A "crime-related prohibition" is "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(1O). ... The trial court did not abuse its discretion in imposing gang-related community custody conditions. As discussed above, the assaults were gang-related, even though the ... jury ultimately concluded the assaults neither advanced Licon's standing within Florencia 13 nor benefitted the gang.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; an Internet restriction is not crime related when the offense did not involve a computer or the Internet.
State Of Washington v. Lee · filed 2015-04-06(10)
The State concedes that because there is no evidence the charged crime involved the use of a computer or the Internet, this condition is not crime related. We accept the State's concession as well taken.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines crime-related prohibitions as orders directly related to the circumstances of the crime, which can include a no-contact order protecting witnesses whose testimony supports the charge.
State Of Washington v. Navarro · filed 2015-06-29(10)
"Crime-related prohibitions" are orders directly related to "the circumstances of the crime." RCW 9.94A.030(10). As witnesses in support of the extortion charge, all eleven boys were directly connected to the circumstances of the crime of extortion. We conclude all of them were properly included in the no-contact order for the maximum 10-year term of the crime of extortion.Read the full opinion on CourtListener →
Crime related prohibitions must be directly related to the circumstances of the crime.
State of Washington v. Harris · filed 2015-08-06(10)
Crime related prohibitions are orders directly related to "the circumstances of the crime." RCW 9.94A.030(1O).Read the full opinion on CourtListener →
Section 9.94A.030(10) permits a crime-related community custody condition only when evidence shows the prohibited conduct was involved in the crime of conviction.
State Of Washington v. Villafuerte · filed 2015-07-27(10)
The trial court may only impose crime-related conditions if there is evidence that the prohibited conduct was involved in the crime of conviction. RCW 9.94A.030(10); State v. Warnock, 174 Wn. App. 608, 612, 299 P.3d 1173 (2013).Read the full opinion on CourtListener →
Section 9.94A.030(10) does not permit penile plethysmograph testing for monitoring purposes.
State of Washington v. Lee · filed 2015-08-13(10)
We accept without further discussion the State's correct concession to Mr. Lee's third contention that ordering penile plethysmograph testing for monitoring purposes is not permitted. RCW 9.94A.030(10); State v. Land, 172 Wn. App. 593, 605, 295 P.3d 782 (2013).Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; a ban on taverns requires evidence linking alcohol to the crime.
State of Washington v. Rieker · filed 2015-09-24(10)
In tum, RCW 9.94A.030(10) reads: ... "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances ofthe crime for which the offender has been convicted, ... No evidence suggested that Jeffrey Rieker consumed alcohol or that alcohol led to any of his crimes. Thus, the trial court exceeded its sentencing authority when it prohibited Rieker from frequenting taverns and bars and requiring him to submit to blood alcohol concentration tests.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition to include a community custody condition reasonably related to the circumstances of the offense.
State Of Washington v. Irwin · filed 2015-10-26(10)
"Directly related" includes conditions that are "reasonably related" to the crime. ... Irwin's crimes were at least "reasonably related" to the community custody condition imposed by the trial court. See Kinzle, 181 Wn. App. at 785.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct that directly relates to the circumstances of the offense.
State Of Washington v. Rivera · filed 2015-10-29(10)
A "crime-related prohibition" is "an order of a ... court prohibiting conduct that directly relates to the circumstances ofthe crime for which the offender has been convicted." RCW 9.94A.030(lO) (emphasis added).Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; the court applied that definition to limit a community custody treatment condition to alcohol.
State Of Washington v. Jackson · filed 2015-11-16(10)
A "crime-related prohibition" is one that "directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10).Read the full opinion on CourtListener →
The definition of a crime-related prohibition excludes orders requiring participation in rehabilitative programs; an outpatient drug program is an affirmative condition.
State of Washington v. Tait · filed 2015-12-03(10)
The distinction between crime-related prohibitions and affirmative conditions is reflected in the definition of "crime-related prohibition" as meaning "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct." RCW 9.94A.030(10). ... The trial court's order that Mr. Tait "will participate in an outpatient []drug program at his expense" imposes an affirmative condition.Read the full opinion on CourtListener →
Section 9.94A.030(13) defines a crime-related prohibition as one directly related to the circumstances of the offense; drug restrictions do not qualify when the offense did not involve drugs.
State Of Washington v. Countryman · filed 2016-01-19(13)
The State concedes that because there is no evidence that Countryman's crime involved drugs, these conditions are not crime-related and should be stricken. We accept the State's concession.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; a ban on entering places that primarily sell liquor does not qualify when alcohol did not contribute to the crime.
State Of Washington, V Salters · filed 2016-01-19(10)
A crime-related prohibition is “an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... However, nothing in the record indicates that alcohol contributed to Salters’ crimes. Therefore, the sentencing court’s community custody condition prohibiting Salters’ entry into “places whose primary business is the sale of liquor” is not a crime-related prohibition and was not properly imposed.Read the full opinion on CourtListener →
A crime-related prohibition may bar an offender from possessing or using a controlled substance other than the one involved in the conviction when the condition does not require affirmative rehabilitation.
State of Washington v. Mitchell · filed 2016-03-01(10)
Nevertheless, the relevant statutes here did not distinguish between the controlled substance, which is the subject of the conviction, with other substances for purposes of the community custody condition. The statutes afforded trial courts considerable discretion in fashioning community custody conditions, so long as the conditions did not require affirmative acts of rehabilitation on the part of the offender. The trial court's order here imposes no such requirement, and therefore the community custody condition prohibiting Mitchell from possessing or using marijuana or products containing THC is valid.Read the full opinion on CourtListener →
Crime-related prohibitions must directly relate to the circumstances of the offense and may include no-contact orders.
State Of Washington, V Landrie · filed 2016-03-01(10)
“Crime-related prohibitions” are orders directly related to “the circumstances of the crime” for which the offender has been convicted, and may include no-contact orders. ... The court did not abuse its discretion because the sentencing condition is crime-related and reasonably necessary to further the State’s interest in protecting Landrie’s minor son.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition as an order barring conduct directly related to the offense; no-contact orders can qualify.
State of Washington v. Childs · filed 2016-03-17(10)
A crime-related prohibition is defined as "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). It includes no-contact orders.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense, but a no-contact order may protect minors beyond the victim.
State Of Washington v. Mothershead · filed 2016-03-28(10)
“Crime-related prohibition” means “an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... However, “[n]o-contact orders are not limited to the victims of the crime.”Read the full opinion on CourtListener →
A crime-related prohibition under § 9.94A.030(10) may restrict conduct reasonably related to the circumstances of the offense.
State Of Washington v. Irwin · filed 2015-12-14(10)
A "'[c]rime-related prohibition' . . . prohibits] conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). "Directly related" includes conditions that are "reasonably related" to the crime. ... Irwin's crimes were at least "reasonably related" to the community custody condition imposed by the trial court.Read the full opinion on CourtListener →
A crime-related prohibition may bar conduct directly related to the offense, including marijuana use when the record links it to the crime.
State Of Washington, V Detwiler · filed 2016-05-17(10)
A “crime-related prohibition” is an order “prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” ... The record reflects that Detwiler’s use of marijuana was related to his offense. Accordingly, we hold that the trial court did not abuse its discretion in imposing a community custody condition that prohibited Detwiler from consuming marijuana.Read the full opinion on CourtListener →
A crime-related prohibition covers conduct directly related to the circumstances of the offense; it can bar entry into places primarily selling alcohol when alcohol was integral to the crimes.
State Of Washington v. Floydale Eckles, Jr. · filed 2016-08-16(10)
A “[c]rime-related prohibition” is one that involves “conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... Therefore, we conclude that the prohibition against entering places that primarily sell alcohol is reasonably related to Eckles’s crimes.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct directly related to the offense of conviction; an Internet-use condition requires a connection between Internet use and that offense.
State of Washington v. Bates · filed 2016-09-22(10)
A "crime-related prohibition" is an order that prohibits "conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... The State concedes that the record does not support any inference of a nexus between Mr. Bates's offenses and use of a computer or other access to the Internet. ... We agree, accept the State's concession, and remand with directions to strike the condition.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition as one that directly relates to the circumstances of the offense.
State Of Washington v. Bill · filed 2016-10-03(10)
A "crime-related prohibition" is one that "directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... It is also authorized by statute because it is crime related. RCW 9.94A.703(3)(f).Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; a condition barring sexually explicit material requires evidence of that connection.
State Of Washington v. William Rondal Stewart, Iii · filed 2016-11-01(10)
Under former RCW 9.94A.030(10) (2012), a “[c]rime-related prohibition” is one that involves “conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” ... Here, as the State appropriately concedes, there was no evidence before the trial court that Stewart’s use or possession of sexually explicit material related to his crime of indecent liberties. Accordingly, the trial court exceeded its statutory sentencing authority by imposing the condition, and we remand for a correction of Stewart’s sentence to strike this condition.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; that definition permits a condition barring contact with minors when the offender raped a child he parented.
State Of Washington v. Robb · filed 2017-01-04(10)
RCW 9.94A.030(10) provides that “ ‘[c]rime-related prohibition’ means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” ... The trial court’s sentencing condition preventing Robb from contacting minors, including his son, is related to his crime and does not violate his constitutional right to parent.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense, so unrelated gang conditions must be stricken.
State of Washington v. Terral Ray Anthony Lewis · filed 2016-05-26(10)
The State properly concedes these conditions should be stricken as ... they are not crime-related. See RCW 9.94A.030(10) (defining "crime-related ... prohibition" as "an order of a court prohibiting conduct that directly relates to the ... circumstances of the crime for which the offender has been convicted ... "). On remand, the trial court is instructed to strike the gang-related community custody conditions from Mr. Lewis's judgment and sentence form.Read the full opinion on CourtListener →
A prohibition is crime-related when it directly relates to the circumstances of the offense.
State Of Washington v. Turner · filed 2017-02-27(10)
A prohibition is "crime-related" when it "directly relates to the circumstances of the crime for which the offender has been convicted."Read the full opinion on CourtListener →
A no-contact order is a crime-related prohibition when it bars conduct directly related to the circumstances of the offense.
State Of Washington v. Jacobs · filed 2017-03-20(10)
A "crime-related prohibition" means "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). A no-contact order is a crime- related prohibition.Read the full opinion on CourtListener →
A crime-related prohibition restricts conduct directly related to the circumstances of the offense.
State Of Washington v. Sadler · filed 2017-03-27(10)
A crime-related prohibition "prohibit[s] conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... We conclude that the trial court did not abuse its discretion in imposing the crime-related prohibitions on Sadler's sexual contact and internet usage.Read the full opinion on CourtListener →
A condition barring an offender from places where alcohol is chiefly sold is not a crime-related prohibition without evidence that visiting those places relates to the offense.
State Of Washington v. Eisenhower · filed 2017-03-28(10)
Here, the trial court made a finding that chemical dependency contributed to Eisenhower’s offense, but there was no evidence that frequenting places where alcohol is the chief item for sale was related to Eisenhower’s offenses. Therefore, the condition is not crime-related under RCW 9.94A.030(10).Read the full opinion on CourtListener →
A crime-related prohibition bars conduct directly related to the offense, including conduct reasonably related to it.
State Of Washington v. Trotman · filed 2017-04-24(10)
A "[c]rime-related prohibition' means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). "Directly related' includes conditions that are 'reasonably related' to the crime." ... Here, the community custody conditions imposed by the sentencing court are reasonably related to the crimes for which Trotman was convicted. Because Trotman was convicted of a sex offense, conditions regarding access to sex-related businesses and access to sexually explicit materials are crime-related and properly imposed.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines crime-related prohibitions as orders directly related to the circumstances of the convicted crime; conditions restricting contact with minors must be stricken when they lack that relationship.
State of Washington v. Landrum · filed 2017-06-20(10)
"Crime-related prohibitions" are orders directly related to "the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... There is no reasonable relationship between Mr. Landrum's crimes and the conditions relating to minors. They should be stricken.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition as one directly related to the offense; restrictions on sexually explicit materials and sex-related businesses qualify for child sex offenses.
State Of Washington v. Amaya-ontiveros · filed 2017-07-31(10)
Because Amaya-Ontiveros was convicted of sex offenses (child molestation and child rape), conditions limiting his access to sexually explicit materials and sex-related businesses are crime-related.Read the full opinion on CourtListener →
A restriction on sexually explicit material is crime related when the offender was convicted of a sex offense, even without evidence that the material contributed to the crime.
State of Washington v. Lyon · filed 2017-08-03(10)
While the record does not suggest that using or viewing such materials served as a catalyst for Mr. Lyon's crime, a condition restricting access to sexually explicit materials is sufficiently crime related because he was convicted of a sex offense.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines crime-related prohibitions as orders directly related to the circumstances of the crime.
State Of Washington v. Dossantos · filed 2017-09-26(10)
“Crime-related prohibitions” are orders directly related to “the circumstances of the crime.” Former RCW 9.94A.030(10) (2012). ... That behavior, however, does not show how use of public social media websites, Skype, or 900 numbers were directly related to the circumstances of the crime. See former RCW 9.94A.030(10).Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition as a restriction on conduct directly related to the circumstances of the crime of conviction.
State Of Washington v. Starr · filed 2017-10-17(10)
A “‘[c]rime-related prohibition’ . . . prohibit[s] conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... Because we follow established law, and because nothing in the record suggests that sexually explicit materials were related to Starr’s crime, we agree and accept the State’s concession to strike the condition.Read the full opinion on CourtListener →
A crime-related prohibition must have an evidentiary connection to the circumstances of the offense; a sex offense conviction alone does not establish that connection.
State Of Washington v. Norris · filed 2017-10-30(10)
The SRA defines a "crime-related prohibition," in pertinent part, as an "order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... To the extent Magana stands for either a categorical approach ... or the broad proposition that a sex offense conviction alone justifies imposition of a crime-related prohibition, we disagree. As previously noted, there must be some evidence supporting a nexus between the crime and the condition.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct directly related to the circumstances of the offense.
State Of Washington v. Bruno · filed 2017-11-06(10)
A "crime-related prohibition" is "an order of a court prohibiting conduct that directly relates to the circumstances of the ... crime for which the offender has been convicted." RCW 9.94A.030(10). ... Therefore, a curfew constraining Bruno to his residence at night is not ... related to the circumstances of his crime. We conclude that the trial court exceeded its authority when it imposed the condition, and remand with instructions to strike the condition.Read the full opinion on CourtListener →
Crime-related prohibitions must be reasonably related to the offense, with evidence connecting the prohibited conduct to the crime.
State Of Washington v. Santos-santiago · filed 2017-11-20(10)
Crime-related prohibitions must be "reasonably related" to the corresponding crime.32 ... Here, there is no evidence that Santos Santiago's criminal conduct was related to his frequenting of sex-related businesses or his possessing, using, accessing, or viewing of sexually explicit materials. We conclude special conditions 10 and 11 should be stricken on remand because they are not crime related.Read the full opinion on CourtListener →
A crime-related prohibition may restrict conduct reasonably related to the circumstances of the offense, including internet use when the offender used the internet to commit the crime.
State Of Washington, V Talbot · filed 2017-11-21(10)
Thus, the sentencing court’s challenged community custody conditions were reasonably, if not directly, related to the circumstances of the crime because Talbot used the internet in the commission of the crime.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct directly related to the offense, including conduct reasonably related to it.
State Of Washington v. Johnson · filed 2017-12-26(10)
A "crime-related prohibition" prohibits conduct that directly relates to the circumstances of the crime for which the offender has been convicted. RCW 9.94A.030(10). "Directly related" includes conditions that are reasonably related to the crime. ... Here, besides the fact that the crime is sexual in nature, there are no facts that pertain specifically to sexually explicit materials or images. This is insufficient to connect the crime to the condition.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related community custody condition as one that prohibits conduct directly related to the offense, including conduct reasonably related to it.
State of Washington v. Miller · filed 2017-03-07(10)
A crime-related community custody condition prohibits conduct that "directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). "Directly related" includes conditions that are reasonably related to the crime. Irwin, 191 Wn. App. at 656. ... Here, Mr. Miller was convicted of third degree rape of a child and third degree child molestation, crimes that inherently involve children as victims. Conditions 14, 15, 17, and 18 seek to limit Mr. Miller's access to children and are therefore crime related.Read the full opinion on CourtListener →
A community custody condition is crime related only when the prohibited conduct directly relates to the circumstances of the offense.
State of Washington v. Garcia · filed 2017-06-15(10)
A crime-related condition prohibits conduct that "directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... No evidence suggests alcohol was directly related to the circumstances of Mr. Garcia's crimes. Therefore, the condition prohibiting Mr. Garcia from entering establishments where alcohol is the main revenue source is not crime related.Read the full opinion on CourtListener →
A crime-related community custody condition must prohibit conduct directly related to the circumstances of the offense; a ban on visiting places that primarily sell alcohol does not qualify without evidence linking alcohol to the offense.
State of Washington v. Davis · filed 2017-09-28(10)
A crime-related community custody condition prohibits conduct that "directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... No evidence suggests Ms. Davis used alcohol or any other substance to acquire methamphetamine in this case. Therefore, this condition is not crime related, and the trial court abused its discretion in ordering this prohibition.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct directly related to the circumstances of the offense; a curfew does not qualify when the offense occurred inside the home.
State Of Washington v. Robert v. Fernandez · filed 2018-01-17(10)
Under RCW 9.94A.030(10), a “[c]rime-related prohibition” is one that involves “conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” ... But this prohibition does not directly relate to the circumstances of the crime because Fernandez was not outside of his home when he committed the crime for which he was convicted.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the conviction; restrictions on sex-related businesses and sexual materials require evidence of that connection.
Personal Restraint Petition Of Laszlo Molnar · filed 2018-01-22(10)
The SRA defines "crime-related prohibition" as "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... Here, there is no evidence in the record showing a nexus between the crime and frequenting sex-related businesses or any evidence suggesting that sexually explicit or erotic materials contributed to Molnar's conviction.2 Therefore, we hold the trial court must strike conditions 9 and 10.Read the full opinion on CourtListener →
A crime-related prohibition may restrict conduct that relates to the circumstances of the offense.
State Of Washington, Res/cross-app. v. Clifford Wayne Snyder, App/cross-res. · filed 2018-02-26(10)
A trial court may impose, as conditions of community custody, a "crime- related prohibition," defined as an order prohibiting conduct that relates to the circumstances of the crime. ... It was reasonable for the trial court to conclude from Snyder's statement that Snyder had smoked marijuana on the night of the crime. Accordingly, the trial court did not abuse its discretion in imposing the drug related conditions.Read the full opinion on CourtListener →
A crime-related prohibition may restrict a person convicted of a sex offense from accessing sexually explicit materials, even if those materials were not involved in the offense.
State of Washington v. Alcocer · filed 2018-03-22(10)
Crime-related prohibitions are orders directly related to "the circumstances of the crime." RCW 9.94A.030(10). ... Having reconsidered the issue at his request, we adhere to that position. Magana did not create a new condition of community custody; it simply recognized the trial court's discretionary authority to impose the restriction when deemed necessary.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime related prohibition as one that directly relates to the circumstances of the offense.
State Of Washington, V Manuel v. Alvarez · filed 2018-03-27(10)
Because prohibiting Alvarez from going to locations where alcohol is a primary product does not directly relate to his crime of child molestation, the trial court exceeded its authority in imposing the condition. See RCW 9.94A.030(10).Read the full opinion on CourtListener →
A no-contact condition is a crime-related prohibition when it directly relates to the circumstances of the crime for which it is imposed, even if it covers victims of other offenses.
State Of Washington v. Delgado · filed 2018-03-27(10)
As a result, the no-contact condition covering the victims of the fourth degree assaults directly related to the circumstances leading to the indecent liberties convictions. RCW 9.94A.030(10). Thus, the sentencing court had the authority to prohibit Delgado from contacting all of the victims.Read the full opinion on CourtListener →
A crime-related prohibition may bar contact with a witness when the order directly relates to the circumstances of the offense.
State Of Washington, V John K. L. Aylward · filed 2018-04-10(10)
A “crime-related prohibition” is an “order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... The trial court had the authority to issue the no-contact order in this case.Read the full opinion on CourtListener →
A crime-related prohibition requires a connection between the prohibited conduct and the circumstances of the offense; a sex offense alone does not justify a ban on entering sex-related businesses.
State Of Washington v. Onelio Abun Cardona Hernandez · filed 2018-04-16(10)
In the absence of ... any evidence showing that frequenting sex-related businesses contributed to Cardona-Hernandez's convictions, the trial court exceeded its authority by imposing condition 10.Read the full opinion on CourtListener →
Section 9.94A.030(10) defines a crime-related prohibition as a court order barring conduct directly related to the circumstances of the crime.
State Of Washington, Respondent/cr-appellant v. Jericho Hanmmerquist, Appellant/cr-respondent · filed 2018-04-30(10)
We conclude conditions 14, 15, 16 and 25 are insufficiently crime-related and should be stricken.Read the full opinion on CourtListener →
Section 9.94A.030(10) requires a crime-related prohibition to directly relate to the circumstances of the offense of conviction.
State v. Padilla · filed 2018-05-10(10)
A crime-related prohibition must directly relate to the circumstances of the crime for which the offender was convicted. RCW 9.94A.030(I0).Read the full opinion on CourtListener →
A crime related prohibition must directly relate to the circumstances of the offense for which the person was convicted.
State Of Washington, Resp/cross-app v. Jonathan S. Wood, App/cross-resp · filed 2018-06-18(10)
A "crime related prohibition" is an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted. RCW 9.94A.030(10). ... At sentencing the State acknowledged that there were no allegations that alcohol was involved in Wood's convicted offense. Therefore, the condition prohibiting Wood from entering establishments where alcohol is the primary commodity for sale is not crime related.Read the full opinion on CourtListener →
Crime-related prohibitions must be reasonably related to the offender's criminal conduct, though they need not match the crime's facts exactly.
State Of Washington v. Youderian · filed 2018-06-25(10)
Although the State is correct in arguing that a condition does not have to be factually identical to the crime, the condition must be reasonably related to the individual's criminal conduct. Here, the condition requiring Youderian to hold employment only in a position where he receives direct supervision is not reasonably related to his criminal conduct.Read the full opinion on CourtListener →
A crime-related prohibition must be reasonably related to the circumstances of the offense.
State of Washington v. Johnson · filed 2018-07-17(10)
A crime-related prohibition “means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... Conditions 17 and 18, restricting Mr. Johnson’s access to nude images and images of children wearing only undergarments and/or swimsuits, are invalid in that they are both overbroad and not crime related.Read the full opinion on CourtListener →
A crime-related prohibition must be directly related to the circumstances of the offender’s crime.
Personal Restraint Petition of Casey Dullea Peppin · filed 2018-07-31(10)
“Crime-related prohibition” means an order directly related to “the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... For the reasons noted in ... the State’s responsive and reply memoranda, all challenges with the exception of those noted below fail.Read the full opinion on CourtListener →
A community custody condition is crime-related only when it directly relates to the circumstances of the offense; drug-related conditions require evidence that drugs contributed to the crime.
State Of Washington, V, Ronald Richard Brown · filed 2018-03-12(10)
Thus, a trial court may only impose certain drug-related conditions when the evidence shows that drugs contributed to the crime, rendering such conditions crime-related. ... Thus, it abused its discretion in imposing conditions that required Brown not to possess drug paraphernalia and to participate in counseling, treatment, and offender programs. These conditions must be stricken.Read the full opinion on CourtListener →
A curfew is not a crime-related community custody condition when it does not directly relate to the circumstances of the offense.
State Of Washington v. Garrison · filed 2018-04-16(10)
A condition is "crime-related" if it "prohibit[s] conduct that directly relates to the circumstances of the crime for which the offender has been convicted." ... Thus, the curfew is not directly ... related to the crime.Read the full opinion on CourtListener →
A community custody condition is crime-related only if evidence connects it directly to the circumstances of the offense.
State Of Washington v. Said I. Mabruk · filed 2018-06-18(10)
There must be some evidence supporting a nexus between the crime and the condition.Read the full opinion on CourtListener →
A crime-related prohibition may restrict conduct reasonably connected to the offense; the State need not show that the conduct caused the crime or that the restriction will prevent reoffending.
State v. Nguyen · filed 2018-09-13(10)
But, the State need not establish that access to "sexually explicit materials" directly caused the crime of eonviction or will neeessarily prevent the convict from reoffending.Read the full opinion on CourtListener →
A community custody prohibition is crime related when it has a sufficient connection to the offense, even if the prohibited conduct did not directly contribute to it.
State Of Washington v. Stark · filed 2018-10-15(1)
A sentencing court may impose conditions of community custody, including prohibitions on "conduct that directly relates to the circumstances of the crime for ... which the offender has been convicted." RCW 9.94A.030(1); RCW 9.94A.703(3). ... Prohibitions on accessing materials and entering businesses whose purpose is to stimulate sexual urges is reasonably crime related.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; a nightly curfew is improper when the crimes did not occur at night and the curfew would not have prevented them.
State Of Washington v. Ramos-ramirez · filed 2018-10-16(10)
A “‘[c]rime-related prohibition’ means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... Because a curfew does not directly relate to the circumstances of the crimes, the condition is improper.Read the full opinion on CourtListener →
A crime-related prohibition requires a sufficient connection to the conviction; that connection supports restrictions on sexually explicit materials after child molestation but does not support a curfew without evidence linking it to the crimes.
State Of Washington v. Heber S. Green · filed 2018-11-14(10)
We hold that there was a sufficient connection between the prohibitions against possessing or accessing sexually explicit materials in conditions 15 and 16 and Green’s crime.Read the full opinion on CourtListener →
A prohibition on entering places that provide sexual entertainment can be crime related even without evidence that the offender visited such places, because it serves rehabilitation and prevention of future sex offenses.
State Of Washington v. Chapa · filed 2018-11-14(10)
Although there is no evidence that Chapa frequents such establishments, Hai Minh Nguyen provides that this condition is about maximizing rehabilitation and preventing future sex offenses, and is therefore crime related.Read the full opinion on CourtListener →
Under former subsection (10), a prohibition on viewing or possessing sexually explicit material is crime-related when it is reasonably connected to the offender’s sex crimes.
State Of Washington, V Tyler · filed 2018-12-04(10)
A prohibition is “crime-related” if it “directly relates to the circumstances of the crime for which the offender has been convicted.” Former RCW 9.94A.030(10). ... Here, as in Nguyen, Tyler was convicted of sex crimes, which convictions demonstrated his inability to control his sexual urges. Accordingly, under Nguyen, the trial court did not abuse ... its discretion in prohibiting Tyler from viewing or possessing sexually explicit material as a condition of his sentence.Read the full opinion on CourtListener →
A crime-related prohibition must bear a reasonable relationship to the offense; for sex offenses, that relationship can support restrictions on sex-related businesses and sexually explicit material.
State Of Washington v. Quezon Poor Thunder · filed 2019-01-03(10)
Based on the court’s analysis in Nguyen, we hold that the trial court did not abuse its discretion in imposing community custody conditions 9 and 10.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the crime; restrictions on contact with a child victim can meet that definition when the crime involved proximity to and silencing of the child.
State Of Washington v. Chung · filed 2019-01-14(10)
Because Chung's crime relied on unsupervised physical proximity with J.C. and he tried to silence her following the assault, we agree that restrictions on Chung's right to parent her are directly related to his crime.Read the full opinion on CourtListener →
A crime-related prohibition may restrict conduct reasonably connected to the offense even when the offender did not engage in that precise conduct during the crime.
State Of Washington v. Robinett · filed 2019-01-15(10)
In light of the fact that Robinett committed his offenses against victims while the victims were lying in their beds, it was reasonable for the trial court to conclude that he should be prohibited from having overnight guests or staying overnight at places other than his approved residence without prior approval. Accordingly, we hold that the trial court did not abuse its discretion in imposing this condition.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; restrictions on Internet and computer access qualify when technology facilitated the crime.
State Of Washington, Resp v. Joshua Dean Mcintyre, App · filed 2019-02-11(10)
A “crime-related prohibition” is an “order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... The conditions requiring Mcintyre to obtain authorization for Internet and computer access are crime-related.Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct that directly relates to the circumstances of the offender’s crime.
State Of Washington v. Blackman · filed 2019-02-13(10)
A crime-related prohibition is “an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... Because there is evidence that alcohol was directly related to Blackman’s crimes, the sentencing court had tenable grounds and reasons to bar Blackman from entering locations where alcohol was the primary product. RCW 9.94A.030(10).Read the full opinion on CourtListener →
A crime-related prohibition must restrict conduct directly related to the circumstances of the offense.
State of Washington v. Fort · filed 2019-02-26(12)
A “crime-related prohibition” is “an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” Former RCW 9.94A.030(12) (2002). ... Here, the trial court did not make any finding that alcohol or any other drug contributed to Mr. Fort’s crime, the risk of reoffending, or the safety of the community. Therefore, the trial court erred in prohibiting Mr. Fort from possessing alcohol and from going to places where alcohol is the chief commodity for sale.Read the full opinion on CourtListener →
A crime-related prohibition bars conduct that directly relates to the circumstances of the offender’s crime; a reasonably related community custody condition can qualify.
State Of Washington v. Onelio Abun Cardona Hernandez · filed 2019-04-01(10)
The SRA defines crime-related prohibition as “an order of the court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” ... “‘Directly related’ includes conditions that are ‘reasonably related’ to the crime.” ... Becausewe cannot distinguish this case, we similarly conclude that the trial court did not exceed its authority by imposing condition 10.Read the full opinion on CourtListener →
A crime-related prohibition may restrict conduct reasonably related to the circumstances of the conviction.
State Of Washington v. Gray · filed 2019-04-29(10)
RCW 9.94A.030(1O) defines a crime-related prohibition as “an order of the court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” ... Requiring him to disclose his sex offender status before any sexual contact with a dating partner relates reasonably to protecting dating partners and their children. This challenge fails.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the offense; conditions addressing substance use qualify when the evidence links that use to the offense.
State Of Washington v. Krebs · filed 2018-10-16(10)
Because all of the challenged conditions of community custody were crime-related, the sentencing court did not err in ordering these conditions.Read the full opinion on CourtListener →
A community custody condition is crime-related when it prohibits conduct directly related to the circumstances of the offender’s crime.
State Of Washington, V Teters · filed 2019-02-20(10)
A condition is only “crime-related” if it is “an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” Former RCW 9.94A.030(10) (2012). ... Thus, condition 3 is crime-related.Read the full opinion on CourtListener →
A crime-related prohibition may restrict conduct directly related to the circumstances of the offense; for a voyeurism conviction, that can include entering sex-related businesses.
State Of Washington v. Thomas · filed 2019-05-28(10)
As a condition of community custody, a sentencing court has the discretion to impose “crime-related prohibitions,” proscribing “conduct that directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.703(3)(f); RCW 9.94A.030(10). ... As a result, the trial court did not abuse its discretion in limiting Thomas’s access to sexually explicit materials by prohibiting entrance to sex-related businesses.Read the full opinion on CourtListener →
A restriction on visiting places where children congregate can be a crime-related prohibition when the offender’s child sex offenses provide a sufficient connection to the restriction.
State of Washington v. Merrill · filed 2019-06-11(10)
A "crime-related prohibition" is one "that directly relates to the circumstances of the crime for which the offender has been convicted." RCW 9.94A.030(10). ... We conclude there is a sufficient connection between Merrill's sexual offenses against his step-granddaughter and the prohibition we are directing the trial court to impose.Read the full opinion on CourtListener →
A crime-related prohibition must directly relate to the circumstances of the crime for which the offender was convicted.
State Of Washington v. Vargas · filed 2019-06-18(10)
A crime-related prohibition is one that “directly relates to the circumstances of the crime for which the offender has been convicted.” RCW 9.94A.030(10). ... Hence, Vargas’s phone and Internet use “contributed” to the crime and so the conditions prohibiting their use are sufficiently crime-related.Read the full opinion on CourtListener →
Notes 451–600 of 799, oldest cases first.
Which of these rulings fit your facts?
Describe your situation under Wash. Rev. Code § 9.94A.030. Ezel checks it against the cases on this page and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace