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SM enhancements are extremely serious and can increase the penalties for non-sex offenses dramatically. ‘Sexual motivation’ is defined by the State of Washington under Section 9.94A.030 to mean a crime committed for “sexual gratification.” There, they will determine whether you had a ‘sexual motivation’ when committing a crime. According to the Revised Code of Washington, Sections 9.94A.835 and 13.40.135, when you are charged with a non-sex offense and a SM enhancement is added to your case, the judge or jury must decide on the validity of the enhancement in a separate special verdict. Under Washington State Law, a sexual motivation enhancement can be added to any non-sex offense, but it is often attached to assault charges. What is a sexual motivation (SM) enhancement? No matter what degree of assault you’ve been charged with, a sexual motivation enhancement will increase your culpability and add to the associated penalties.

Fourth Degree Assault – Gross Misdemeanor – Revised Code of Washington, Section 9A.36.041.

Third Degree Assault – Class C Felony – Revised Code of Washington, Section 9A.36.031.

Second Degree Assault – Class B Felony – Revised Code of Washington, Section 9A.36.021.

First Degree Assault – Class A Felony – Revised Code of Washington, Section 9A.36.011.

There are four main degrees of assault charges. Whether you were defending yourself or just had a momentary lapse in judgment, assault convictions can be damaging for defendants.

Usually, those are assault charges.Īssault charges also vary significantly in their seriousness, depending on the situation. To be charged with a sexual motivation enhancement, prosecutors must bring non-sex offense charges first.

It could mean the difference between years behind bars and never being charged at all. So if you believe you’re under investigation for an assault charge or other charge with a sexual motivation enhancement, contact an experienced defense attorney right away. And even though they must prove beyond a reasonable doubt that an assault was committed with sexual motivation to get a conviction, the penalties can be incredibly damaging for defendants. Prosecutors often pursue crimes of a violent or sexual nature more aggressively.

Adding ‘flat time’ in custody that must be served consecutively to any other sentence you receive, and you are not entitled to any ‘good time’ credits for that additional time.

Turning a non-sex offense into a sex crime requiring registration as a sex offender if convicted and.

Elevating the class of crime (so it would increase a class B felony to a class A felony).

If they do so, and the underlying charge is a felony, it has very harmful effects, including:

In the state of Washington, prosecutors can allege a crime, such as assault, was committed with sexual motivation (SM).