eLaws of Florida

  SECTION 921.0021. Definitions.  


Latest version.
  • 1As used in this chapter, for any felony offense, except any capital felony, committed on or after October 1, 1998, the term:
    23(1) 24“Additional offense” means any offense other than the primary offense for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.
    56(2) 57“Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.
    79(3) 80“Legal status” means an offender’s status if the offender:
    89(a) 90Escapes from incarceration;
    93(b) 94Flees to avoid prosecution;
    98(c) 99Fails to appear for a criminal proceeding;
    106(d) 107Violates any condition of a supersedeas bond;
    114(e) 115Is incarcerated;
    117(f) 118Is under any form of a pretrial intervention or diversion program; or
    130(g) 131Is under any form of court-imposed or postprison release community supervision.
    142(4) 143“Primary offense” means the offense at conviction pending before the court for sentencing for which the total sentence points recommend a sanction that is as severe as, or more severe than, the sanction recommended for any other offense committed by the offender and pending before the court at sentencing. Only one count of one offense before the court for sentencing shall be classified as the primary offense.
    210(5) 211“Prior record” means a conviction for a crime committed by the offender, as an adult or a juvenile, prior to the time of the primary offense. Convictions by federal, out-of-state, military, or foreign courts, and convictions for violations of county or municipal ordinances that incorporate by reference a penalty under state law, are included in the offender’s prior record. Convictions for offenses committed by the offender more than 10 years before the primary offense are not included in the offender’s prior record if the offender has not been convicted of any other crime for a period of 10 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense. Juvenile dispositions of offenses committed by the offender within 5 years before the primary offense are included in the offender’s prior record when the offense would have been a crime had the offender been an adult rather than a juvenile. Juvenile dispositions of sexual offenses committed by the offender which were committed 5 years or more before the primary offense are included in the offender’s prior record if the offender has not maintained a conviction-free record, either as an adult or a juvenile, for a period of 5 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense.
    445(6) 446“Community sanction” includes:
    449(a) 450Probation.
    451(b) 452Community control.
    454(c) 455Pretrial intervention or diversion.
    459(7)(a) 460“Victim injury” means the physical injury or death suffered by a person as a direct result of the primary offense, or any additional offense, for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.
    506(b) 507Except as provided in paragraph (c) or paragraph (d),
    5161. 517If the conviction is for an offense involving sexual contact that includes sexual penetration, the sexual penetration must be scored in accordance with the sentence points provided under s. 546921.0024 547for sexual penetration, regardless of whether there is evidence of any physical injury.
    5602. 561If the conviction is for an offense involving sexual contact that does not include sexual penetration, the sexual contact must be scored in accordance with the sentence points provided under s. 592921.0024 593for sexual contact, regardless of whether there is evidence of any physical injury.

    606If the victim of an offense involving sexual contact suffers any physical injury as a direct result of the primary offense or any additional offense committed by the offender resulting in conviction, such physical injury must be scored separately and in addition to the points scored for the sexual contact or the sexual penetration.

    660(c) 661The sentence points provided under s. 667921.0024 668for sexual contact or sexual penetration may not be assessed for a violation of s. 683944.35(3)(b)2684.
    685(d) 686If the conviction is for the offense described in s. 696872.06, 697the sentence points provided under s. 703921.0024 704for sexual contact or sexual penetration may not be assessed.
    714(e) 715Notwithstanding paragraph (a), if the conviction is for an offense described in s. 728316.027 729and the court finds that the offender caused victim injury, sentence points for victim injury may be assessed against the offender.
History.-s. 4, ch. 97-194; s. 3, ch. 98-204; s. 2, ch. 2001-210; s. 4, ch. 2007-211.