in the information. § 921.0021(7)(b)(1). The specific provisions of the statute relating to offenses “involving sexual contact that includes sexual penetration” must be read in the context of the basic definitional provision which permits the assessment of points for victim injury suffered “as a direct result” of an offense for which the defendant is convicted. The use of the words “involving” and “as a direct result” in the pertinent statutory provisions indicates that an injury or act of sexual penetration is a basis for the assessment of victim injury points whenever the injury or act of sexual penetration takes place in the course of or in connection with the commission of the offense for which the defendant is convicted. See Geary v. State, 675 So.2d 625, 626 (Fla. 2d DCA 1996) (<HOLDING>). This reading of the statute is supported by
holding that in determining whether a duty exists a court should consider the following factors 1 the reasonable foreseeability of injury 2 the reasonable likelihood of injury 3 the magnitude of the burden that guarding against injury places on the defendant and 4 the consequences of placing that burden on the defendant emphasis added recognizing that the assessment of victim injury points depends on whether the victims injury was a direct result of the defendants crimes holding that a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if but only if said plaintiff 1 is closely related to the injury victim 2 is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim and 3 as a result suffers serious emotional distress holding that assessment of victim injury points was improper because the information did not allege the factual basis for the victim injury points holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury