Static-2002 coding rules (2009) - Static-99
Static-2002 coding rules (2009) - Static-99
Static-2002 coding rules (2009) - Static-99
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Category 5: General Criminality<br />
Rule: In <strong>Static</strong>-<strong>2002</strong> there are no situations where the same sentencing occasion<br />
can count as both a prior sexual sentencing occasion and a prior non-sexual<br />
violence sentencing occasion. If the sentencing occasion was for a violent<br />
offence by name such as “battery” or “assault” and the evaluator knows that<br />
there was a sexual component or intent to the offence, this sentencing occasion<br />
counts as sexually related and not as a non-sexual violence sentencing<br />
occasion. This can occur in cases where a sexual charge was pled down to a<br />
violent charge. Similarly, sometimes it is difficult to prove the sexual component<br />
of an offence (particularly for offenders who have assaulted prostitutes) and the<br />
offender may only be charged with a violent offence. Any time the evaluator<br />
concludes that the offence was sexually motivated, it is counted as a prior sexual<br />
offence and cannot be scored as a prior non-sexual violence sentencing<br />
occasion.<br />
Separating Index Clusters and Prior Offences<br />
There are cases where it can be difficult to distinguish index clusters from prior<br />
offences, particularly when sexual offending occurs over a period of several<br />
years. Keep in mind the general rule that to be a prior sexual sentencing<br />
occasion, the offence and the conviction must have occurred before at least one<br />
of the index sexual offences. Some examples are provided on pages 24-29 and<br />
pages 79-80.<br />
Non-sexual Violence Offences<br />
The following offences are considered non-sexual violence provided there is no<br />
underlying sexual motivation:<br />
Aggravated assault<br />
Arson<br />
Assault<br />
Assault causing bodily harm<br />
Assault peace/police officer<br />
Attempted abduction<br />
Attempted child stealing<br />
Attempted robbery<br />
Compelling the commission of an offence<br />
Criminal Harassment<br />
Cruelty to animals<br />
False imprisonment<br />
Felonious assault<br />
Forcible confinement<br />
Give noxious substance (alcohol. narcotics, or other stupefacient in order<br />
to impair a victim)<br />
Grand theft person (“Grand theft person” is a variation on robbery and<br />
may be counted as non-sexual violence)<br />
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