WPIC 49C.08 Length of Registration Period—Definition

Use this instruction to set forth the duration of the defendant's registration period. With this instruction, use WPIC 49C.09 (Disqualifying Offense—Definition), WPIC 49C.10 (Sex Offense—Definition), and WPIC 49C.11 (Kidnapping Offense—Definition), as applicable.

Use bracketed material as applicable. In the first paragraph, it will sometimes be necessary to fill in the blank with more than one offense. See the discussion of RCW 9A.44.142(5) in the Comment.

RCW 9A.44.140; RCW 9A.44.142. The statutes set forth the duration of registration required for specific types of offenses. RCW 9A.44.140(1) states that lifelong, or indefinite, registration is required for four categories of offenders: (a) a person convicted of a class A felony, (b) a person convicted of an offense listed in RCW 9A.44.142(2)(a)), (c) a person convicted of a sex or kidnapping offense who has one or more prior convictions for sex or kidnapping offenses, and (d) a person who has been determined to be a sexually violent predator pursuant to RCW Chapter 71.09.

RCW 9A.44.140(2) imposes a fifteen-year duration of registration for a person convicted of a Class B felony who does not have prior convictions for sex or kidnapping offenses. If the person is convicted of a disqualifying offense during that fifteen-year period, the requirement to register continues until the person has spent fifteen consecutive years in the community without being convicted of a disqualifying offense. RCW 9A.44.140(3) imposes a ten-year duration of registration on a person convicted of a Class C felony or certain other offenses such as communication with a minor for immoral purposes or sexual misconduct with a minor in the second degree, as well as attempt, solicitation, or conspiracy to commit a Class C felony, provided the person does not have prior convictions for sex or kidnapping offenses. If the person is convicted of a disqualifying offense during that ten-year period, the requirement to register continues until the person has spent ten consecutive years in the community without being convicted of a disqualifying offense.

Courts have discretion to relieve an individual of the duty to register under the conditions described in RCW 9A.44.142 and .143.

Incarceration imposed for a violation of a probation condition is confinement pursuant to the original conviction. State v. Watson, 160 Wn.2d 1, 8–9, 154 P.3d 909 (2007).