FAQs About Violent Offense List
Q: Our state has a statutory list of violent offenses used for purposes other than the PSA. Can we use that list for the PSA?
A: The policy team should confirm that each of the violent offenses on the statutory list meets the PSA’s definition of violent. But your starting point for creating the PSA Violent Offense List should be your state’s existing PSA list.
Q: Can we obtain copies of the violent offense lists from other jurisdictions?
A: Many PSA jurisdictions have shared their violent offense lists with APPR. Contact the APPR Help Desk to request the lists.
Q: Why do we score the PSA based on a list of criminal codes? Shouldn’t we examine the circumstances in each case to determine whether the offense is truly violent?
A: When developing the PSA, the researchers classified charges as violent or nonviolent based on the statutory definition of the offense, rather than an examination of the underlying facts in each case. In order to remain consistent with the research, all PSA sites must use a list of criminal codes to determine whether the current charge or a prior conviction is considered a violent offense. And in most jurisdictions, it would be impractical to determine on a case-by-case basis whether a charge or conviction is violent, given that police reports and jury instructions—or other resources that may provide the contextual circumstances surrounding the offense—are not readily accessible at this point in the process. If a code section is categorized as nonviolent but the facts and circumstances of a particular case suggest that the underlying acts were, in fact, violent, that information can always be presented to the judicial officer in the pretrial assessment report or by the prosecutor.
Q: Is intent to commit violence required to meet the PSA’s definition of a violent offense?
A: Yes, almost always. The only exceptions are involuntary murder and involuntary manslaughter.
Q: How do we deal with a charge code that includes behavior that meets only part of the definition of violent?
A: A code is either on or off your violent offense list. If an offense involves aspects that meet the definition and others that do not meet the definition, many jurisdictions err on the side of including the offense on its violent offense list. But if there is evidence and local consensus that such classification would dramatically over-categorize people charged as violent, do not include the offense on your list.
Q: If a criminal code specifies the intent to do physical injury to a person and also specifies that physical injury need not occur, is the offense violent
A: Yes, the offense is categorized as violent.
Q: Our jurisdiction uses numerous assault and battery charges for a range of behaviors. Some charges involve injury and others do not. Are all assault and battery charges treated similarly?
A: All assault and battery statutes were included in the definition of violent offense in the original research underlying the PSA. But if your policy team agrees that the application of a specific criminal code does not meet the PSA definition of a violent offense, you should not label it as violent and should designate it for future review once you are using the PSA.
Q: Which firearm offenses are classified as violent?
A: Any use of a firearm against a person is categorized as violent. For instance, pointing or shooting a firearm at someone is categorized as violent. Possession of a firearm is not categorized as violent.
Q: How do we treat a child sex offense that involves conspiring, soliciting, or facilitating a child to perform an act of sex but does not involve any direct contact?
A: Any offense that causes a child to perform an act of sex is categorized as violent.
Q: How do we treat arson offenses?
A: Arson is categorized as violent when it targets an occupied or presumably occupied structure. For example, setting fire to an apartment building would be categorized as violent, and setting fire to a toolshed typically would not.
Q: Are driving under the influence (DUI) and driving while intoxicated (DWI) considered violent offenses for purposes of scoring the PSA?
A: Typically, no, because DUI and DWI offenses usually do not involve violent intent.