Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS PENNSYLVANIA COMMISSION ON SENTENCING [204 PA. CODE CH. 303] Adoption of Sentencing Guidelines [27 Pa.B. 1252] The Pennsylvania Commission on Sentencing is hereby submitting revised sentencing guidelines, (204 Pa. Code § 303.1--§ 303.18) for consideration by the General Assembly. The Commission adopted the revised sentencing guidelines on June 6, 1996, published them for comment at 26 Pa.B. 3404 (July 20, 1996), and held public hearings on August 29, 1996, September 4, 1996 and September 6, 1996. The Commission modified the proposed guidelines on December 5, 1996, published them for comment at 27 Pa.B. 289 (January 18, 1997), and held a public hearing on February 21, 1997. Immediately following the public hearing, the Commission adopted the revised sentencing guidelines found in Annex A.
As specified by statute, the General Assembly has ninety days from the date of this publication [March 15, 1997] to review the revisions to the sentencing guidelines (42 Pa.C.S. § 2155). Unless rejected by concurrent resolution during that period, these revised guidelines will become effective on Friday, June 13, 1997 and will apply to all offenses committed on or after that date.
SENATOR DAVID HECKLER
ChairCommentary on Annex A Reasons for Changes to the Guidelines
After an extensive multi-year review of the guidelines, a revised set of sentencing guidelines became effective on August 12, 1994. The Commission is proposing changes to these sentencing guidelines for the following reasons. First, there were concerns brought to the attention of the Commission that the revised recommendations for violent offenders, particularly for repeat violent offenders, were not harsh enough. The Commission evaluated this issue and agreed that some violent offenders warranted more severe sentences than the current guidelines recommend. The second reason for changing the guidelines is to address the new legislation passed since the revised guidelines took effect. In January, 1995, Governor Tom Ridge convened a Special Session on Crime [Special Session No. 1] that, along with the regular legislative session [1995-1996 Session], resulted in the passage of a number of new laws. One of the most notable was the adoption of the '3 strikes' legislation that revised the mandatory sentences for violent offenders. The Commission is proposing changes that provide some consistency between the '3 strikes' legislation and the guidelines. The third reason for some of the proposed changes is to address areas of inconsistency in the guidelines. The proposed changes provide better consistency in how offenses are viewed with respect to Offense Gravity Score ranking (OGS) and Prior Record Score (PRS) calculations.
Revisions to Sentence Recommendations
1. More severe sentences for violent offenders. The current guidelines focus on providing harsher penalties for violent offenders while recommending community based alternatives for certain non-violent offenders. However, concerns have been raised that the sentences for certain violent offenders, particularly repeat violent offenders, are not harsh enough. The Commission re-evaluated the recommendations for violent offenders and decided that the concerns were justified and thus, is proposing more severe sentence recommendations for violent offenders. Some of the violent offenses have been re-ranked in order to address this issue. The Commission is also proposing harsher sentence recommendations in response to legislative changes that increased the statutory limit for Murder 3 and inchoate murder (attempts, solicitations and conspiracies) and that re-drafted the sexual assault statute.
2. '3 strikes' offenses. In 1995 the legislature passed, and the Governor signed, a '3 strikes' statute that provides harsher mandatory penalties for certain violent offenders. To provide some consistency between the '3 strikes' legislation and the guideline recommendations, the Commission decided to include the offenses designated as ''crimes of violence'' in the '3 strikes' legislation in the upper tier of the guidelines that recommend state incarceration in all cases. The major change involves assigning a higher Offense Gravity Score ranking to the offense of Burglary (structure adapted for overnight accommodation/person present) so that it is ranked in the upper tier of the guidelines with the most serious offenses.
3. More severe sentences for Repeat Felony 1/Felony 2 (RFEL) offenders. The current guidelines include a Prior Record Score category for Repeat Felony 1/Felony 2 (RFEL) offenders. This category was created to isolate the more serious felony offenders. The Commission is proposing an increase in sentence recommendations for such offenders.
4. Revision of RS-RIP cells. The current guideline recommendation for four cells of the matrix is RS-RIP (i.e.--sentence recommendations limited to restorative sanctions and restrictive intermediate punishments), which recommends up to 30 days in a restrictive intermediate punishment program but does not recommend incarceration. The Commission proposes that these recommendations be changed to RS-1, thus expanding the cells to include 30 days of incarceration. This is consistent with Commission policy that has established a rough equivalency between restrictive intermediate punishment and incarceration in areas of the matrix that allow for incarceration. That is, the maximum length of time in an RIP program is the same as the maximum length of confinement. Allowing 30 days of incarceration also provides more flexibility for counties that do not have Intermediate Punishment sentencing authority or resources to support RIP programs.
5. Expand sentencing levels. Current guidelines provide four sentencing levels which target certain types of offenders and describe sentencing options available for each level. The proposed guidelines increase to five the number of sentencing levels. Previous Level 4 is proposed as Level 5, and the newly proposed Level 4 generally includes those offenders who by statute are permitted to serve a state sentence in a county facility.
6. Limit Level 1 recommendations. Current guidelines provide a standard sentence recommendation of RS for offenders with an OGS of 1 or 2 and PRS of 0 or 1. The proposed guidelines would continue to provide RS as a standard recommendation for offenders who have an OGS=1 or 2 and PRS=0, but would expand the recommendations for offenders with a PRS=1 to include an incarceration option.
7. Permit Level 4 RIP exchange. Currently, the guidelines allow for an exchange of RIP for certain offenders who would otherwise receive a county jail sentence (i.e. maximum sentence under two years and minimum sentence under one year). The proposed change would allow an RIP exchange for certain state offenders who are eligible to serve their sentence in a county jail (i.e. maximum sentence under five years and minimum sentence under 2.5 years). This proposed change is indicated by the dark grey areas of the grid and referenced as Level 4.
8. Deadly Weapon Enhancement (DWE). Statute requires the guidelines to provide for enhanced sentences if the offender possessed a deadly weapon during the commission of the offense. Currently the amount of time is based upon the seriousness of the offense. The Commission is proposing that the DWE also make a distinction between offenders who use vs. possess the weapon during the commission of the offense.
Revisions to the Offense Gravity Score
1. Redefine OGS categories. The Commission is proposing an increase in the number of Offense Gravity Score categories from thirteen to fourteen. Included in this increase are two additional categories in the upper tier of the guidelines where recommendations are limited to state incarceration and one less Offense Gravity Score category in the area of the guidelines where recommendations are generally limited to county incarceration.
2. New/Amended Offenses. Legislation passed since the last adoption of sentencing guidelines [May 1994] and the end of the 1996 Session [December 1996] created new offenses or amended previously existing offenses. Additionally, due to the changes in the Offense Gravity Score categories, a number of offenses previously assigned OGS scores have been changed. The proposed OGS and PRS assignment for offenses considered by the Commission are included as part of the text of the proposed guidelines.
3. Omnibus Offense Gravity Score Policy. The Commission has a policy that provides for an Omnibus Offense Gravity Score to be applied to new offenses or offenses that have a change in the statutory grading. The omnibus score, which is based upon the statutory grade of the offense, remains in place until the Commission has the opportunity to rank the offense. Recently, however, the General Assembly increased the statutory grading of some offenses (e.g. attempted murder was changed from a felony 2 to a felony 1) that ended up resulting in a lower recommendation based upon the omnibus score. The Commission is proposing a change to the omnibus policy to assure that when the statutory grading for an offense is raised, that the omnibus score for the offense does not result in a lower score, and thus lower recommendation, than what currently exists.
Revisions to the Prior Record Score
1. Assignment of points. The Commission is proposing changes in how offenses are counted for the purposes of the Prior Record Score (PRS). These changes provide better consistency between how these offenses are counted in the Prior Record Score and how they are ranked for the Offense Gravity Score. Under the proposal, 4 points are assigned to all completed ''three strikes'' offenses. Some of these violent offenses, in particular Arson (F1) and Robbery (F1) are subcategorized for Prior Record Score purposes. Three points are assigned to all inchoates of 4 point offenses, certain drug felonies involving 50 grams or more, and all F1 offenses not otherwise designated. Two points are assigned to the remaining drug felonies and all F2 offenses not otherwise designated. One point is assigned to all F3 offenses, and an expanded list of designated Misdemeanor 1 offenses. The M1 offenses, chosen due to the serious nature of the offenses, fall into three categories: M1 offenses involving weapons, M1 offenses involving death or danger to children, and M1 Driving Under the Influence. All other misdemeanors, including M2 or M3 weapons misdemeanors, are designated as ''Other Misdemeanors'' and scored collectively based upon the total number of misdemeanors involved.
2. Prior juvenile offenses. The Commission is proposing two changes concerning the use of prior juvenile adjudications. First, in accordance with the recent legislative change that allows prior juvenile adjudications to be considered in the sentencing for misdemeanor offenses (Act 13 of 1995), the Commission is proposing a change to the juvenile adjudication criteria that would also allow prior juvenile offenses to count when the currently sentenced offense is either a felony or misdemeanor. Currently, they can only count when the current offense is a felony. Second, the Commission is proposing a change to the juvenile lapsing provision that includes the completed '3-strikes' offenses (i.e.--4 point PRS offenses) in the list of juvenile offenses that would never lapse for the purposes of Prior Record Score calculation.
3. Former Pennsylvania offenses. The Commission is proposing several changes in Prior Record Score miscellaneous provisions. The first proposal is to reinsert in the text a phrase contained in the 1991 guidelines but inadvertently omitted from the 1994 guidelines: ''When a prior conviction is for a crime which has a summary grade, and the grade of the conviction is unknown, the prior conviction shall not be counted in the Prior Record Score.''
4. Excluded offenses. The Commission also proposes a change to the policy regarding excluded offenses. The current policy holds that if a previous conviction increases the maximum sentence applicable to the current offense, the previous conviction is excluded from calculation of the Prior Record Score. The proposal changes the text by replacing maximum sentence applicable to the current offense with grade of a subsequent offense, a phrase similar to that used in the original text of the guidelines. The original text was revised in 1986, primarily to accommodate drug convictions. However, the text was revised again in 1988, at which time the drug convictions were excluded from the policy. This proposal simplifies the policy by returning to the original term. The proposal would also extend the policy so that any previous conviction that increases the grade of an offense, either a current or previous offense, would be excluded from calculation of the Prior Record Score. This proposal removes the 'double counting' of a conviction, which was the premise of this policy.
Definition of Transaction
The current guidelines utilize the concept of transaction to determine how the prior record is applied to multiple offenses and how current multiple offenses are counted in future Prior Record Scores. The definition of transaction is important as it influences current and future sentence recommendations. The current definition of transaction has resulted in confusion in the field and has been interpreted in different ways among the counties. Thus, the Commission proposes deleting the current definition of transaction and adopting a policy which considers each conviction separately and takes into account the sentence previously imposed in determining the Prior Record Score. Under the proposal, all prior convictions are counted in the Prior Record Score, except those which did not increase a term of probation, intermediate punishment, partial or total confinement. In determining the sentence recommendation, the Prior Record Score is attached to each conviction offense.
Guideline recommendations for Driving Under the Influence (DUI) and Homicide by Vehicle while DUI
Currently, the only two offenses that do not have an Offense Gravity Score (OGS) assigned to them are Driving Under the Influence (75 Pa.C.S. § 3731) and Homicide by Vehicle while DUI (75 Pa.C.S. § 3735). The guideline recommendation for these two offenses has always been application of the mandatory statute governing them. The proposed change would assign an OGS = 2 to Driving Under the Influence when it is a M2 (1st or 2nd conviction) and an OGS = 3 when it is a M1 (3rd or subsequent conviction). An OGS = 8 would be assigned to Homicide by Vehicle while DUI. As always, any mandatory statute governing these offenses would supersede the guideline recommendations.
The Commission also is proposing the elimination of the subcategorization of DUI according to whether there is serious bodily injury or not, in light of the new offense of Aggravated Assault by Vehicle while DUI. The proposed OGS scores for Homicide by Vehicle and Involuntary Manslaughter when there is also a conviction for DUI were raised to be consistent with the recommendation for Aggravated Assault.
It should be noted that with incorporation of DUI into the sentencing guidelines, the Prior Record Score, based on previous DUI and non-DUI offenses, will be used to determine a sentence recommendation for a current conviction for DUI.
Multiple offenses overlapping different guidelines
Current guideline policy states that the guidelines apply to offenses that occur on or after the effective date of the guidelines. When there are amendments to the guidelines, offenses that occur before the effective date of the amendments are subject to the prior guidelines, while offenses that occur after the effective date of the amendments are subject to the new guidelines. When there are multiple offenses and the dates of the offenses are unknown, there has been no guideline policy. Thus, the Commission is proposing a policy that would indicate that the most recent guidelines apply if the specific dates are undetermined.
Technical changes
The Commission proposes three technical changes to the guidelines: 1) a clarification that the guidelines do apply to persons who plead guilty or nolo contendere, not just to persons found guilty through trial; 2) that the Guideline Sentence Form be submitted to the Commission within 30 days, rather than 20 days, of sentencing; and 3) clarification that the original guidelines were effective July 22, 1982 and were invalidated due to a procedural technicality, but that new guidelines did become effective again April 25, 1988.
Annex A TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS PART VIII. CRIMINAL SENTENCING CHAPTER 303. SENTENCING GUIDELINES § 303.1. Sentencing guidelines standards.
(a) The court shall consider the sentencing guidelines in determining the appropriate sentence for offenders convicted of, or pleading guilty or nolo contendere to, felonies and misdemeanors.
(b) The sentencing guidelines do not apply to sentences imposed as a result of the following: accelerated rehabilitative disposition; disposition in lieu of trial; direct or indirect contempt of court; violations of protection from abuse orders; revocation of probation, intermediate punishment or parole.
(c) The sentencing guidelines shall apply to all offenses committed on or after the effective date of the guidelines. Amendments to the guidelines shall apply to all offenses committed on or after the date the amendment becomes part of the guidelines.
(1) When there are current multiple convictions for offenses that overlap two sets of guidelines, the former guidelines shall apply to offenses that occur prior to the effective date of the amendment and the later guidelines shall apply to offenses that occur on or after the effective date of the amendment. If the specific dates of the offenses cannot be determined, then the later guidelines shall apply to all offenses.
(2) The initial sentencing guidelines went into effect on July 22, 1982 and applied to all crimes committed on or after that date. Amendments to the guidelines went into effect in June 1983, January 1986 and June 1986. On October 7, 1987 the Pennsylvania Supreme Court invalidated the guidelines due to a procedural error that occurred in 1981 when the legislature rejected the first set of guidelines. New guidelines were drafted and became effective on April, 25, 1988. Amendments to the guidelines went into effect August 9, 1991 and December 20, 1991. A revised set of guidelines became effective August 12, 1994. The current set of guidelines become effective June 13, 1997.
(d) In every case in which the court imposes a sentence for a felony or misdemeanor, the court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed. In every case where the court imposes a sentence outside the sentencing guidelines, the court shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines. These reasons shall be recorded on the Guideline Sentence Form, a copy of which is forwarded to the Commission on Sentencing.
(e) A Pennsylvania Commission on Sentencing Guideline Sentence Form shall be completed at the court's direction and shall be made a part of the record no later than 30 days after the date of each sentencing and a copy shall be forwarded to the Pennsylvania Commission on Sentencing.
§ 303.2. Procedure for determining the guideline sentence.
(a) The procedure for determining the guideline sentence shall be as follows:
(1) Determine the Offense Gravity Score as described in §§ 303.3 and 303.15.
(2) Determine the Prior Record Score as described in §§ 303.4--303.8.
(3) Determine the guideline sentence recommendation as described in §§ 303.9--303.14, including Deadly Weapon Enhancement and Youth/School Enhancement (§ 303.10), and aggravating or mitigating circumstances (§ 303.13).
§ 303.3. Offense gravity score--general.
(a) An Offense Gravity Score is given for each offense. The Offense Gravity Scores are located in § 303.15.
(b) Subcategorized offenses. Certain offenses are subcategorized and scored by the Commission according to the particular circumstances of the offense. The court determines which Offense Gravity Score, located in § 303.15, applies. These offenses are designated by an asterisk [*].
(c) Inchoate offenses. Inchoate offenses are scored as follows:
(1) Convictions for attempt, solicitation, or conspiracy to commit a Felony 1 offense receive an Offense Gravity Score of one point less than the offense attempted, solicited, or which was the object of the conspiracy.
(2) Convictions for attempt, solicitation, or conspiracy to commit any offense which is not a Felony 1 offense, receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy.
(3) Convictions for attempt, solicitation, or conspiracy to commit any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144) receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy.
(4) Exception for inchoate murder convictions. Convictions for attempt, solicitation, or conspiracy to commit murder receive the Offense Gravity Score of 14 if there is serious bodily injury and 13 if there is no serious bodily injury.
(d) Ethnic Intimidation. Convictions for Ethnic Intimidation (18 Pa. C.S. § 2710) receive an Offense Gravity Score that is one point higher than the offense which was the object of the Ethnic Intimidation. When the object offense is Murder of the Third Degree, a conviction for Ethnic Intimidation receives the highest Offense Gravity Score.
(e) Violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144). If any mixture or compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be deemed to be composed of the controlled substance. If a mixture or compound contains a detectable amount of more than one controlled substance, the mixture or compound shall be deemed to be composed entirely of the controlled substance which has the highest Offense Gravity Score.
(1) Exception for prescription pills. The exception to subsection (e) above is for violations of 35 P. S. § 780-113 (a)(12) (relating to fraudulent prescriptions) when prescription pills of Schedule II are involved. For such violations it is the number of pills rather than the amount of the controlled substance which is considered in determining the Offense Gravity Score. (See § 303.15.)
(f) Omnibus Offense Gravity Scores. The Omnibus Offense Gravity Score is applied when the offense is not otherwise listed in § 303.15, or when the grade of an offense listed in § 303.15 has changed, unless application of this section would result in a lower Offense Gravity Score for an increased grading of the offense. The Omnibus Offense Gravity Scores are provided below and in the listing at § 303.15:
Felony 1 8 Felony 2 7 Felony 3 5 Felonies not subclassified
by the General Assembly5 Misdemeanor 1 3 Misdemeanor 2 2 Misdemeanor 3 1 Misdemeanors not subclassified
by the General Assembly1 § 303.4. Prior Record Score--categories.
(a) Prior Record Score categories. Determination of the correct Prior Record Score category under this section is based on the type and number of prior convictions (§ 303.5) and prior juvenile adjudications (§ 303.6). There are eight Prior Record Score categories: Repeat Violent Offender [REVOC], Repeat Felony 1 and Felony 2 Offender [RFEL], and point-based categories of 0, 1, 2, 3, 4 and 5.
(1) Repeat Violent Offender Category [REVOC]. Offenders who have two or more previous convictions or adjudications for four point offenses (§ 303.7(a)(1) and § 303.15) and whose current conviction carries an Offense Gravity Score of 9 or higher shall be classified in the Repeat Violent Offender Category.
(2) Repeat Felony 1/Felony 2 Offender Category [RFEL]. Offenders who have previous convictions or adjudications for Felony 1 and/or Felony 2 offenses which total 6 or more in the prior record, and who do not fall within the Repeat Violent Offender Category, shall be classified in the repeat Felony 1/Felony 2 Offender Category.
(3) Point-based Categories (0-5). Offenders who do not fall into the REVOC or RFEL categories shall be classified in a Point-based Category. The Prior Record Score shall be the sum of the points accrued based on previous convictions or adjudications, up to a maximum of five points.
§ 303.5. Prior Record Score--prior convictions.
(a) All prior convictions shall be counted in the Prior Record Score, except certain prior convictions from sentences described in (b).
(b) When a sentence for a prior conviction was imposed totally concurrent to another sentence, or was served totally concurrent to another sentence, only the conviction with the greatest number of points under § 303.7 shall be counted.
(c) Totally concurrent. A conviction is considered totally concurrent if the sentence imposed did not increase the term of probation, intermediate punishment, partial or total confinement of any sentence.
§ 303.6. Prior Record Score--prior juvenile adjudications.
(a) Juvenile adjudication criteria. Prior juvenile adjudications are counted in the Prior Record Score when the following criteria are met:
(1) The juvenile offense occurred on or after the offender's 14th birthday, and
(2) There was an express finding by the juvenile court that the adjudication was for a felony or one of the Misdemeanor 1 offenses listed in § 303.7(a)(4).
(b) Only the most serious juvenile adjudication of each prior disposition is counted in the Prior Record Score. No other prior juvenile adjudication shall be counted in the Prior Record Score.
(c) Lapsing of juvenile adjudications. Prior juvenile adjudications for four point offenses listed in § 303.7(a)(1) shall always be included in the Prior Record Score, provided the criteria in subsection (a) above are met:
(1) All other juvenile adjudications not identified above in subsection (a) lapse and shall not be counted in the Prior Record Score if the offender was 28 years of age or older at the time the current offense was committed.
(2) Nothing in this section shall prevent the court from considering lapsed prior adjudications at the time of sentencing.
§ 303.7. Prior Record Score--guideline points scoring.
(a) Scoring of prior convictions and adjudications is provided below and in the listing of offenses at § 303.15:
(1) Four Point Offenses. Four points are added for each prior conviction or adjudication for the following offenses:
Murder, and attempt, solicitation or conspiracy to commit Murder
Voluntary Manslaughter
Drug Delivery Resulting in Death
Aggravated Assault (causing serious bodily injury)
Kidnapping
Rape
Involuntary Deviate Sexual Intercourse
Arson (resulting in bodily injury or a person inside at start)
Burglary (adapted structure, person present)
Robbery (inflicts serious bodily injury)
Robbery of Motor Vehicle (inflicts serious bodily injury)
Ethnic Intimidation to any Felony 1 offense(2) Three Point Offenses. Three points are added for each prior conviction or adjudication for the following offenses:
All other Felony 1 offenses not listed in § 303.7 (a)(1).
All inchoates to offenses listed in § 303.7 (a)(1).
Sexual Assault
Aggravated Indecent Assault
Violation of 35 P. S.§§ 780-113(a)(12)(14) or (30) involving 50 grams or more, including inchoates involving 50 grams or more.(3) Two Point Offenses. Two points are added for each prior conviction or adjudication for the following offenses:
All other Felony 2 offenses not listed in § 303.7 (a)(1) or (a)(2).
All felony drug violations not listed in § 303.7 (a)(2), including inchoates.(4) One Point Offenses. One point is added for each prior conviction or adjudication for the following offenses:
All other felony offenses not listed in § 303.7 (a)(1), (a)(2) or (a)(3).
Any of the following Misdemeanor 1 offenses that involve weapons:
Possessing Instruments of Crime
Prohibited Offensive Weapons
Possession of Weapon on School Property
Possession of Firearm or Other Dangerous Weapon in Court Facility
Violations of the Pennsylvania Uniform Firearms ActAny of the following Misdemeanor 1 offenses that involve death or danger to children:
Involuntary Manslaughter
Simple Assault (against child by adult)
Luring a Child into a Vehicle
Indecent Assault (involving minors)
Indecent Exposure (person less than age 16 present)
Endangering Welfare of Children
Dealing in Infant Children
Corruption of Minors (of a sexual nature)
Homicide by VehicleDriving Under the Influence of Alcohol or Controlled Substance when the grade is a Misdemeanor 1.
(5) Other Misdemeanor Offenses. All other misdemeanor offenses are designated by an ''m'' in the offense listing at § 303.15, and are scored as follows:
(i) One point is added if the offender was previously convicted of two or three misdemeanors.
(ii) Two points are added if the offender was previously convicted of four to six misdemeanors.
(iii) Three points are added if the offender was previously convicted of seven or more misdemeanors.
§ 303.8. Prior Record Score--miscellaneous.
(a) Prior convictions and adjudications of delinquency. A prior conviction means ''previously convicted'' as defined in 42 Pa.C.S. § 2154(a)(2). A prior adjudication of delinquency means ''previously adjudicated delinquent'' as defined in 42 Pa.C.S. § 2154(a)(2). In order for an offense to be considered in the Prior Record Score, both the commission of and conviction for the previous offense must occur before the commission of the current offense.
(b) Inchoate offenses. Unless otherwise provided in § 303.7 or § 303.15, a prior conviction or adjudication of delinquency for criminal attempt, criminal solicitation or criminal conspiracy is scored under § 303.7 based upon the grade of the inchoate offense.
(c) Ethnic Intimidation. Unless otherwise provided in § 303.7 or § 303.15, a prior conviction or adjudication of delinquency for Ethnic Intimidation is scored under § 303.7 based upon the grade of the Ethnic Intimidation.
(d) Former Pennsylvania offenses.
(1) A prior conviction or adjudication of delinquency under former Pennsylvania law is scored as a conviction for the current equivalent Pennsylvania offense.
(2) When there is no current equivalent Pennsylvania offense, prior convictions or adjudications of delinquency are scored under § 303.7 based on the grade of the offense. When a prior conviction or adjudication of delinquency was for a felony, but the grade of the felony is unknown, it shall be treated as a Felony 3. When a prior conviction was for a misdemeanor, but the grade of the misdemeanor is unknown, it shall be treated as a Misdemeanor 3. When it cannot be determined if the prior conviction was a felony or a misdemeanor, it shall be treated as a Misdemeanor 3. When a prior conviction is for a crime which has a summary grade, and the grade of the conviction is unknown, the prior conviction shall not be counted in the Prior Record Score.
(e) A prior conviction or adjudication of delinquency for an offense which was misgraded is scored as a conviction for the current equivalent Pennsylvania offense.
(f) Out-of-state, federal or foreign offenses.
(1) An out-of-state, federal or foreign conviction or adjudication of delinquency is scored as a conviction for the current equivalent Pennsylvania offense.
(2) When there is no current equivalent Pennsylvania offense, determine the current equivalent Pennsylvania grade of the offense based on the maximum sentence permitted, and then apply § 303.8(d)(2).
(g) Excluded offenses. The following types of offenses shall not be scored in the Prior Record Score:
(1) Summary offenses, violations of local ordinances, and dispositions under Pa.R.Crim.P. Rules 175-186 (relating to accelerated rehabilitative disposition), 35 P. S. § 780-117 (relating to probation without verdict) or 35 P. S. § 780-118 (relating to disposition in lieu of trial or criminal punishment), shall not be used in computing the Prior Record Score.
(2) Any prior conviction which contributed to an increase in the grade of a subsequent conviction shall not be used in computing the Prior Record Score.
§ 303.9. Guideline sentence recommendation: general.
(a) Basic sentence recommendations. Guideline sentence recommendations are based on the Offense Gravity Score and Prior Record Score. In most cases, the sentence recommendations are found in the Basic Sentencing Matrix (§ 303.16). The Basic Sentencing Matrix specifies a range of sentences (i.e.--standard range) that shall be considered by the court for each combination of Offense Gravity Score [OGS] and Prior Record Score [PRS].
(b) Deadly Weapon Enhancement sentence recommendations. If the court determines that an offender possessed a deadly weapon pursuant to § 303.10(a)(1), the court shall instead consider the DWE/Possessed Matrix (§ 303.17). If the court determines that an offender used a deadly weapon pursuant to § 303.10(a)(2), the court shall instead consider the DWE/Used Matrix (§ 303.18). Both enhanced matrices specify a range of sentences (i.e.--standard range) that shall be considered by the court for each combination of Offense Gravity Score [OGS] and Prior Record Score [PRS].
(c) Youth/School Enhancement sentence recommendations. If the court determines that an offender violated the drug act pursuant to § 303.10(b), 12 months shall be added to the lower limit of the standard range of the applicable sentencing matrix and 36 months shall be added to the upper limit of the standard range of the applicable sentencing matrix. The range of sentences (i.e.-- standard range) shall be considered by the court for each combination of Offense Gravity Score [OGS] and Prior Record Score [PRS].
(d) Aggravated and mitigated sentence recommendations. To determine the aggravated and mitigated sentence recommendations, apply § 303.13.
(e) Numeric sentence recommendations. All numbers in sentence recommendations suggest months of minimum confinement pursuant to 42 Pa.C.S. § 9755(b) (partial confinement) and § 9756(b) (total confinement).
(f) Alphabetic sentence recommendations. RS in the sentence recommendation, an abbreviation for Restorative Sanctions, suggests use of the least restrictive, non-confinement sentencing alternatives described in 42 Pa.C.S. § 9753 (determination of guilt without further penalty), § 9754 (order of probation) and § 9758 (fine), and include § 9763 (intermediate punishment) when limited to restorative sanction programs (see § 303.12(a)(5)). 42 Pa.C.S.§ 9721(c) (mandatory restitution) is also included in RS. No specific recommendations are provided for periods of supervision or amounts of fines for these non-confinement sentencing alternatives. RIP in the sentence recommendation, an abbreviation for Restrictive Intermediate Punishments, suggests use of Restrictive Intermediate Punishments pursuant to § 303.12(a)(4).
(g) When the guideline sentence recommendation exceeds that permitted by 18 Pa.C.S. § 1103 and § 1104 (relating to sentence of imprisonment for felony and misdemeanor) and 42 Pa.C.S. § 9755(b) and § 9756(b) (relating to sentence of partial and total confinement) or other applicable statute setting the maximum term of confinement, then the statutory limit is the longest guideline sentence recommendation. For the purposes of the guidelines, the statutory limit is the longest legal minimum sentence, which is one-half the maximum allowed by law.
(h) Mandatory sentences. The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. When the sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline sentence recommendation.
(i) Driving Under the Influence. The court shall consider the sentence recommendations pursuant to this section (§ 303.9) for an offender convicted under 75 Pa.C.S. § 3731 (Driving Under the Influence of Alcohol or Controlled Substance). The court may use a qualified Restrictive Intermediate Punishment pursuant to § 303.12(a)(6) to satisfy the mandatory minimum requirement.
§ 303.10. Guideline sentence recommendations: enhancements.
(a) Deadly Weapon Enhancement.
(1) When the court determines that the offender possessed a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Possessed Matrix (§ 303.17). An offender has possessed a deadly weapon if any of the following were on the offender's person or within his immediate physical control:
(i) Any firearm, (as defined in 42 Pa.C.S.§ 9712) whether loaded or unloaded, or
(ii) Any dangerous weapon (as defined in 18 Pa.C.S.§ 913), or
(iii) Any device, implement, or instrumentality designed as a weapon or capable of producing death or serious bodily injury where the court determines that the defendant intended to use the weapon to threaten or injure another individual.
(2) When the court determines that the offender used a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Used Matrix (§ 303.18). An offender has used a deadly weapon if any of the following were employed by the offender in a way that threatened or injured another individual or in the furtherance of the crime:
(i) Any firearm, (as defined in 42 Pa.C.S.§ 9712) whether loaded or unloaded, or
(ii) Any dangerous weapon (as defined in 18 Pa.C.S.§ 913), or
(iii) Any device, implement, or instrumentality capable of producing death or serious bodily injury.
(3) There shall be no Deadly Weapon Enhancement for the following offenses:
Possessing Instruments of Crime
Prohibited Offensive Weapons
Possession of Weapon on School Property
Possession of Firearm or Other Dangerous Weapon in Court Facility
Simple Assault (18 Pa.C.S. § 2701(a)(2))
Aggravated Assault (18 Pa.C.S. § 2702(a)(4))
Violations of the Pennsylvania Uniform Firearms Act
Any other offense for which possession of a deadly weapon is an element of the statutory definition.(4) The Deadly Weapon Enhancement shall apply to each conviction offense for which a deadly weapon is possessed or used.
(b) Youth/School Enhancement
(1) When the court determines that the offender either distributed a controlled substance to a person or persons under the age of 18 in violation of 35 P. S. § 780-114, or manufactured, delivered or possessed with intent to deliver a controlled substance within 1000 feet of a public or private elementary or secondary school, the court shall consider the range of sentences described in § 303.9(c).
(2) The Youth/School Enhancement only applies to violations of 35 P. S. § 780-113(a)(14) and (a)(30).
(3) The Youth/School Enhancement shall apply to each violation which meets the criteria above.
§ 303.11. Guideline sentence recommendation: sentencing levels.
(a) Purpose of sentence. In writing the sentencing guidelines, the Pennsylvania Commission on Sentencing strives to provide a benchmark for the judges of Pennsylvania. The sentencing guidelines provide sanctions proportionate to the severity of the crime and the severity of the offender's prior conviction record. This establishes a sentencing system with a primary focus on retribution, but one in which the recommendations allow for the fulfillment of other sentencing purposes including rehabilitation, deterrence, and incapacitation. To facilitate consideration of sentencing options consistent with the intent of the sentencing guidelines, the Commission has established five sentencing levels. Each level targets certain types of offenders, and describes ranges of sentencing options available to the court.
(b) Sentencing levels. The sentencing level is based on the standard range of the sentencing recommendation. Refer to § 303.9 to determine which sentence recommendation (i.e.--Basic, Deadly Weapon Enhancement or Youth/School Enhancement) applies. The descriptions of the five sentencing levels are as follows:
(1) Level 1--Level 1 provides sentence recommendations for the least serious offenders with no more than one prior misdemeanor conviction, such that the standard range is limited to Restorative Sanctions [RS]. The primary purpose of this level is to provide the minimal control necessary to fulfill court-ordered obligations. The following sentencing option is available:
Restorative Sanctions (see § 303.9(f))
(2) Level 2--Level 2 provides sentence recommendations for generally non-violent offenders and those with numerous less serious prior convictions, such that the standard range requires a county sentence but permits both incarceration and non-confinement. The standard range is defined as having an upper limit of less than 12 months and a lower limit of Restorative Sanctions [RS]. The primary purposes of this level are control over the offender and restitution to victims. Treatment is recommended for drug dependent offenders. The following sentencing options are available:
Total confinement in a county facility under a county sentence (see 61 P. S. § 331.17).
Partial confinement in a county facility
Restrictive Intermediate Punishments (see § 303.12(a) for eligibility criteria)
Restorative Sanctions (see § 303.9(f))
(3) Level 3--Level 3 provides sentence recommendations for serious offenders and those with numerous prior convictions, such that the standard range requires incarceration or a Restrictive Intermediate Punishment [RIP], but in all case permits a county sentence. The standard range is defined as having a lower limit of incarceration of less than 12 months. The primary purposes of this level are retribution and control over the offender. If eligible, treatment is recommended for drug dependent offenders in lieu of incarceration. The following sentencing options are available:
Total confinement in a state facility.
Total confinement in a state facility, with participation in the State Motivational Boot Camp (see § 303.12(b) for eligibility criteria)
Total confinement in a county facility under a state or county sentence (see 61 P. S. § 331.17).
Partial confinement in a county facility.
Restrictive Intermediate Punishment (see § 303.12(a) for eligibility criteria)
(4) Level 4--Level 4 provides sentence recommendations for very serious offenders and those with numerous prior convictions, such that the standard range requires state incarceration but permits it to be served in a county facility. The standard range is defined as having a lower limit of incarceration of greater than 12 months but less than 30 months, but limited to offenses with an Offense Gravity Score of less than 9. The primary purposes of the sentencing options at this level are punishment and incapacitation. However, it is recognized that certain offenders at this level are permitted to serve a sentence of total confinement in a county facility, and some non-violent offenders may benefit from drug and alcohol treatment. The following sentencing options are available:
Total confinement in a state facility.
Total confinement in a state facility, with participation in the State Motivational Boot Camp (see § 303.12(b) for eligibility criteria)
Total confinement in a county facility as a state offender. (see 61 P. S. § 331.17).
Restrictive Intermediate Punishment (see § 303.12.(a) for eligibility criteria)
(5) Level 5--Level 5 provides sentence recommendations for the most violent offenders and those with major drug convictions, such that the conviction has an Offense Gravity Score of 9 or greater or the standard range requires state incarceration in a state facility. The standard range in such a case is defined as having a lower limit of 30 months or greater. The primary purposes of the sentencing options at this level are punishment commensurate with the seriousness of the criminal behavior and incapacitation to protect the public. The following sentencing options are available:
Total confinement in a state facility.
Total confinement in a state facility, with participation in the State Motivational Boot Camp (see § 303.12(b) for eligibility criteria)
§ 303.12. Guideline sentence recommendations: sentencing programs.
(a) County intermediate punishment program.
(1) Eligibility.
(i) The following regulations and statutes govern operation of and eligibility for county intermediate punishment programs:
37 Pa. Code § 451.1 et seq.
42 Pa.C.S. § 9729, § 9763, and § 9773.
61 P. S. § 1101--§ 1114.
204 Pa.Code Chapter 303.
(ii) Sentence recommendations which include an option of Restrictive Intermediate Punishments for certain offenders are designated as shaded cells in the guideline matrices.
(2) The county intermediate punishment plan provides a mechanism to advise the court of the extent and availability of services and programs authorized in the county. This plan includes information on the appropriate classification and use of county programs based on program-specific requirements.
(3) Intermediate punishments classifications. In order to incorporate intermediate punishment programs into the sentencing levels, the Commission has classified intermediate punishment programs as Restrictive Intermediate Punishments (RIP) and restorative sanction programs. Additionally, specific intermediate punishment programs have been identified in legislation (42 Pa.C.S. § 9763(c)) and regulation (37 Pa. Code § 451.52) as authorized sentences for conviction under 75 Pa.C.S. § 3731(e) (relating to Driving Under the Influence of Alcohol or Controlled Substance); the Commission has classified these programs as qualified Restrictive Intermediate Punishments.
(4) Restrictive Intermediate Punishments (RIP). Restrictive Intermediate Punishments are defined as programs that provide for strict supervision of the offender. Restrictive Intermediate Punishments may be imposed only if the court has been granted sentencing authority by the Pennsylvania Commission on Crime and Delinquency (pursuant to 42 Pa.C.S. § 9729). The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of offenders. All programs must meet the minimum standards provided in the Pennsylvania Commission on Crime and Delinquency regulations [37 Pa.Code Chapter 451] for intermediate punishments.
(i) Restrictive Intermediate Punishments (RIP) either:
(A) house the offender full or part time; or
(B) significantly restrict the offender's movement and monitor the offender's compliance with the program(s); or
(C) involve a combination of programs that meet the standards set forth above.
(ii) An offender under consideration for Restrictive Intermediate Punishments at Level 4 or Level 3 shall have a diagnostic assessment of dependency on alcohol or other drugs conducted by one of the following: the Pennsylvania Department of Health's Office of Drug and Alcohol Programs (ODAP) or a designee; the county authority on drugs and alcohol or a designee; or clinical personnel of a facility licensed by the Office of Drug and Alcohol Programs.
(iii) An offender assessed to be dependent shall be evaluated for purposes of a treatment recommendation by one of the above listed assessors. The evaluation shall take into account the level of motivation of the offender. If sentenced to a Restrictive Intermediate Punishment, the sentence shall be consistent with the level of care and length of stay prescribed in the treatment recommendation, regardless of the standard range sentencing recommendation.
(iv) An offender assessed as not in need of drug or alcohol treatment may be placed in any approved Restrictive Intermediate Punishment program. Each day of participation in a Restrictive Intermediate Punishment program or combination of programs shall be considered the equivalent of one day of total confinement.
(v) The court may impose a qualified Restrictive Intermediate Punishment in lieu of incarceration for any conviction under 75 Pa.C.S. § 3731 (relating to Driving Under the Influence of Alcohol or Controlled Substance).
(5) Restorative sanction programs. Restorative sanction programs are the least restrictive, non-confinement intermediate punishments. Restorative sanction programs are generally used in conjunction with Restrictive Intermediate Punishments as the level of supervision is reduced, but may also be used as separate sanctions under any of the non-confinement sentencing alternatives provided in the statute (see § 303.9(f)).
(i) Restorative sanction programs:
(A) are the least restrictive in terms of constraint of offender's liberties;
(B) do not involve the housing of the offender (either full or part time); and
(C) focus on restoring the victim to pre-offense status.
(6) Qualified Restrictive Intermediate Punishments. In accordance with 37 Pa. Code § 451.52 (relating to sentencing restrictions for driving under the influence convictions), qualified Restrictive Intermediate Punishment programs may be used to satisfy the mandatory minimum sentencing requirements of 75 Pa.C.S. § 3731.
(i) Qualified Restrictive Intermediate Punishment programs include:
(A) residential inpatient drug and alcohol programs or residential rehabilitative center programs; or
(B) house arrest and electronic monitoring combined with drug and alcohol treatment.
(b) State Motivational Boot Camp.
(1) Eligibility.
(i) The following statute governs operation of and eligibility for the State Motivational Boot Camp:
61 P. S. § 1121--§ 1129
(ii) Sentence recommendations which include boot camp eligible offenders are designated by the letters BC in the cells of the Basic Sentencing Matrix (§ 303.16).
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[Continued from previous Web Page] (2) The court shall indicate on the offender's commitment order and the Guideline Sentence Form if the offender is authorized as eligible for the boot camp program. The Department of Corrections makes the final determination as to whether the offender will be accepted into the boot camp program.
§ 303.13. Guideline sentence recommendations: aggravated and mitigated circumstances.
(a) When the court determines that an aggravating circumstance(s) is present, it may impose an aggravated sentence as follows:
(1) For the Offense Gravity Scores of 9, 10, 11, 12, 13 and 14, the court may impose a sentence that is up to 12 months longer than the upper limit of the standard range.
(2) For the Offense Gravity Score of 8, the court may impose a sentence that is up to 9 months longer than the upper limit of the standard range.
(3) For the Offense Gravity Scores of 6 and 7, the court may impose a sentence that is up to 6 months longer than the upper limit of the standard range.
(4) For the Offense Gravity Scores of 1, 2, 3, 4, and 5, the court may impose a sentence that is up to 3 months longer than the upper limit of the standard range.
(5) When the standard range is Restorative Sanctions (RS), the aggravated sentence recommendation is RIP-3.
(b) When the court determines that a mitigating circumstance(s) is present, it may impose a mitigated sentence as follows:
(1) For the Offense Gravity Scores of 9, 10, 11, 12, 13, and 14, the court may impose a sentence that is up to 12 months shorter than the lower limit of the standard range.
(2) For the Offense Gravity Score of 8, the court may impose a sentence that is up to 9 months shorter than the lower limit of the standard range.
(3) For the Offense Gravity Scores of 6 and 7, the court may impose a sentence that is up to 6 months shorter than the lower limit of the standard range.
(4) For the Offense Gravity Scores of 1, 2, 3, 4, and 5, the court may impose a sentence that is up to 3 months shorter than the lower limit of the standard range.
(5) When the bottom of the standard range is less than or equal to 3 months of incarceration, the lower limit of the mitigated sentence recommendation is Restorative Sanctions (RS).
(6) In no case where a Deadly Weapon Enhancement is applied may the mitigated sentence recommendation be lower than 3 months.
(c) When the court imposes an aggravated or mitigated sentence, it shall state the reasons on the record and on the Guideline Sentence Form, a copy of which is forwarded to the Commission on Sentencing.
§ 303.14. Guideline sentence recommendations--fines and restitution.
(a) Fines and restitution.
(1) Fines and restitution, as provided by law, may be added to any guideline sentence.
(2) A fine, within the limits established by law, shall be considered by the court when the offender is convicted of 35 P. S. § 780-113(a)(12), (14) or (30), and the drug involved is 2.5 or more grams of any of the following: a controlled substance or counterfeit substance classified in Schedule I or II and which is a narcotic; phencyclidine, methamphetamine, or cocaine, including the isomers, salts, compounds, salts of isomers, or derivatives of phencyclidine, methamphetamine, or cocaine; or is one thousand pounds or more of marijuana. Such fine shall be of an amount that is at least sufficient to exhaust the assets utilized in, and the proceeds obtained by the offender from, the illegal possession, manufacture, or distribution of controlled substances. Such fine shall not include assets concerning which the attorney for the Commonwealth has filed a forfeiture petition or concerning which he has given notice to the court of his intent to file a forfeiture petition.
(3) Fines and restitution may be utilized as part of an intermediate punishment sentence or as a non-confinement sentencing alternative (see Restorative Sanction § 303.9(f)).
§ 303.15. Offense Listing
CRIMES CODE OFFENSES 18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD POINTS 901 Criminal Attempt [INCHOATE] 18 Pa.C.S. § 905 See § 303.3(c) See § 303.8(b) 902 Criminal Solicitation [INCHOATE] 18 Pa.C.S. § 905 See § 303.3(c) See § 303.8(b) 903 Criminal Conspiracy [INCHOATE] 18 Pa.C.S. § 905 See § 303.3(c) See § 303.8(b) 907 (a) Possessing Instruments of Crime (criminal instruments) M1 3 1 907 (b) Possessing Instruments of Crime (weapon) M1 4 1 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 907 (c) Possessing Instruments of Crime (unlawful body armor) F3 5 1 908 Prohibited Offensive Weapons M1 4 1 909 Manufacture, Distribution or Possession of Master Key for Motor Vehicles M1 3 m 910 Manufacture, Distribution or Possession of Devices for Theft of Telecommunications F3 5 1 910 Manufacture, Distribution or Possession of Devices for Theft of Telecommunications M1 3 m 911 Corrupt Organizations F1 8 3 912 Weapon on School Property M1 4 m 913 (a)(1) Possession of Firearm or Other Dangerous Weapon in Court Facility M3 1 m 913 (a)(2) Possession of Firearm or Other Dangerous Weapon in Court Facility (intend for crime) M1 3 m 2102 Desecration of Flag M3 1 m 2103 Insults to Flag M2 2 m 2502 (a) Murder, First Degree Murder of the First Degree 18 Pa.C.S. § 1102(a) 4 2502 (a)
INCHOATEAttempt/Solicitation/Conspiracy [SBI] to First Degree Murder 18 Pa.C.S. § 1102(c) 14 4 2502 (a) INCHOATE - Attempt/Solicitation/Conspiracy [No SBI] to First Degree Murder 18 Pa.C.S. § 1102(c) 13 4 2502 (b) Murder, Second Degree Murder of the Second Degree 18 Pa.C.S. § 1102(b) 4 2502 (b) INCHOATE - Attempt/Solicitation/Conspiracy [SBI] to Second Degree Murder 18 Pa.C.S. § 1102(c) 14 4 2502 (b) INCHOATE - Attempt/Solicitation/Conspiracy [No SBI] to Second Degree Murder 18 Pa.C.S. § 1102(c) 13 4 2502 (c) Murder, Third Degree F1 14 4 2502 (c) INCHOATE - Attempt/Solicitation/Conspiracy [SBI] to Third Degree Murder 18 Pa.C.S. § 1102(c) 14 4 2502 (c) INCHOATE - Attempt/Solicitation/Conspiracy [No SBI] to Third Degree Murder 18 Pa.C.S. § 1102(c) 13 4 2503 Manslaughter, Voluntary F1 11 4 2503 INCHOATE - Attempt/Solicitation/Conspiracy to Voluntary Manslaughter 18 Pa.C.S. § 905 10 3 2504* Manslaughter, Involuntary (when there is also a conviction for DUI arising from the same INCIDENT) M1 8 1 2504* Manslaughter, Involuntary (when there is not a conviction for DUI arising from the same INCIDENT) M1 6 1 2504 Manslaughter, Involuntary (victim under 12 years) F2 8 2 2505 (b) Suicide, Aids or Solicits F2 6 2 2505 (b) Suicide, Aids or Solicits M2 2 m 2506 Drug Delivery Resulting in Death F1 13 4 2506
INCHOATEAttempt/Solicitation/Conspiracy to Drug Delivery Resulting in Death 18 Pa.C.S. § 905 12 3 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 2701 Simple Assault M2 3 m 2701 (b)(1) Simple Assault (mutual consent) M3 1 m 2701 (b)(2) Simple Assault (against child by adult) M1 4 1 2702 (a)(1)* Aggravated Assault (causes serious bodily injury) F1 11 4 2702 (a)(1)* INCHOATE - Attempt/Solicitation/Conspiracy to Aggravated Assault (causes SBI) 18 Pa.C.S. § 905 10 3 2702 (a)(1)* Aggravated Assault (attempts to cause serious bodily injury) F1 10 3 2702 (a)(2)* Aggravated Assault (causes serious bodily injury police, etc.) F1 11 4 2702 (a)(2)* INCHOATE - Attempt/Solicitation/Conspiracy to Aggravated Assault (causes SBI to police, etc.) 18 Pa.C.S. § 905 10 3 2702 (a)(2)* Aggravated Assault (attempts to cause serious bodily injury, police, etc.) F1 10 3 2702 (a)(3) Aggravated Assault (causes or attempts to cause bodily injury, police, etc.) F2 6 2 2702 (a)(4) Aggravated Assault (causes or attempts to cause bodily injury with a deadly weapon) F2 8 2 2702 (a)(5) Aggravated Assault (teacher) F2 6 2 2702 (a)(6) Aggravated Assault (fear SBI) F2 6 2 2703 Assault by Prisoner F2 6 2 2705 Recklessly Endangering Another Person M2 3 m 2706 Terroristic Threats M1 3 m 2707 (a) Propulsion of Missiles into an Occupied Vehicle M1 3 m 2707 (b) Propulsion of Missiles onto a Roadway M2 2 m 2708 Use of Tear Gas in Labor Dispute M1 3 m 2709 (b) Stalking, Subsequent Offense F3 5 1 2709 (b) Stalking M1 3 m 2710 Ethnic Intimidation 18 Pa.C.S. § 2710(b) See § 303.3(d) See § 303.8(c) 2712 Assault on Sports Official M1 3 m 2713 (a)(1)(2) Neglect of Care-dependent Person (SBI) F1 10 3 2713 (a)(1)(2) Neglect of Care-dependent Person (BI) M1 4 m 2901 Kidnapping F1 10 4 2901 INCHOATE - Attempt/Solicitation/Conspiracy to Kidnapping 18 Pa.C.S. § 905 9 3 2902 Unlawful Restraint M1 3 m 2903 False Imprisonment M2 2 m 2904 (c) Interference with the Custody of Children F3 4 1 2904 (c)(1) Interference with the Custody of Children F2 6 2 2904 (c)(2) Interference with the Custody of Children M2 2 m 2905 Interference w/Custody of Committed Persons M2 4 m 2906 Criminal Coercion M1 3 m 2906 Criminal Coercion M2 2 m 2907 Disposition of Ransom F3 5 1 2909 Concealment of Whereabouts of a Child F3 4 1 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 2910 Luring a Child into a Motor Vehicle M1 5 1 3121 Rape F1 12 4 3121 INCHOATE - Attempt/Solicitation/Conspiracy to Rape 18 Pa.C.S. § 905 11 3 3122.1 Statutory Sexual Assault F2 7 2 3123 Involuntary Deviate Sexual Intercourse F1 12 4 3123 INCHOATE - Attempt/Solicitation/Conspiracy to Involuntary Deviate Sexual Intercourse 18 Pa.C.S. § 905 11 3 3124.1 Sexual Assault F2 11 3 3125 Aggravated Indecent Assault F2 10 3 3126 (a)(1)-(6), (8) Indecent Assault M2 4 m 3126 (a)(7) Indecent Assault (involving minors) M1 5 1 3127 Indecent Exposure (person present is 16 years of age or older) M2 3 m 3127 Indecent Exposure (person present is less than 16 years of age) M1 4 1 3301(a)* Arson Endangering Persons (where a person is inside the structure when the fire is started or when bodily injury results, either directly or indirectly, at the scene of the fire) F1 10 4 3301 (a)* INCHOATE - Attempt/Solicitation/Conspiracy to Arson Endangering Persons (person inside or bodily injury results) 18 Pa.C.S. § 905 9 3 3301(a)* Arson Endangering Persons (where no person is inside the structure when the fire is started and no bodily injury results either directly or indirectly, at the scene of the fire) F1 9 3 3301 (c) Arson, Endangering Property F2 6 2 3301 (d) Arson, Reckless Burning F3 5 1 3301 (e) Arson, Failure to Report M1 3 m 3301 (f) Arson, Possess Explosive Material F3 5 1 3301 (g) Arson, Disclosure of True Owner M3 1 m 3302 (a) Catastrophe, Causing F1 10 3 3302 (a) Catastrophe, Recklessly Causing F2 6 2 3302 (b) Catastrophe, Risking F3 4 1 3303 Failure to Prevent Catastrophe M2 2 m 3304 Criminal Mischief (over $5,000) F3 5 1 3304 Criminal Mischief (over $1,000) M2 2 m 3304 Criminal Mischief (over $500) M3 1 m 3304 Criminal Mischief (over $150 under (a)(4)) M3 1 m 3305 Tampering w/Fire Hydrants M3 1 m 3307 Institutional Vandalism (over $5,000) F3 5 1 3307 Institutional Vandalism M2 2 m 3309 Agricultural Vandalism (over $5,000) F3 5 1 3309 Agricultural Vandalism (over $1,000) M1 3 m 3309 Agricultural Vandalism (over $500) M2 2 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 3309 Agricultural Vandalism ($500 or less) M3 1 m 3502* Burglary (of a structure adapted for overnight accommodation in which at the time of the offense any person is present) F1 9 4 3502* INCHOATE - Attempt/Solicitation/Conspiracy to Burglary (structure adapted for overnight accommodation, person present) 18 Pa.C.S. § 905 8 3 3502* Burglary (of a structure adapted for overnight accommodation in which at the time of the offense no person is present) F1 7 3 3502* Burglary (of a structure not adapted for overnight accommodation in which at the time of the offense any person is present) F1 6 3 3502 Burglary (of a structure not adapted for overnight accommodation in which at the time of the offense no person is present) F2 5 2 3503 (a)(1)(ii) Trespass, Criminal F2 4 2 3503 (a)(1)(i) Trespass, Criminal F3 3 1 3503 (b) Trespass, Defiant M3 1 m 3701 (a)(1)(i) Robbery (inflicts serious bodily injury) F1 12 4 3701 (a)(1)(i) INCHOATE - Attempt/Solicitation/Conspiracy to Robbery (SBI) 18 Pa.C.S. § 905 11 3 3701 (a)(1)(ii) Robbery (threatens another with or intentionally puts him in fear of immediate serious bodily injury) F1 10 3 3701 (a)(1)(iii) Robbery (commits or threatens immediately to commit any F1 or F2) F1 9 3 3701 (a)(1) (iv) Robbery (threatens or inflicts bodily injury or intentionally puts him in fear of immediate bodily injury) F2 7 2 3701 (a)(1)(v) Robbery (physically takes or removes property by force, however slight) F3 5 1 3702* Robbery of Motor Vehicle (inflicts serious bodily injury) F1 12 4 3702* INCHOATE - Attempt/Solicitation/Conspiracy to Robbery of a Motor Vehicle (SBI) 18 Pa.C.S. § 905 11 3 3702* Robbery of a Motor Vehicle (does not inflict serious bodily injury) F1 9 3 3921 Theft by Unlawful Taking, During Disaster F2 7 2 3921* Theft by Unlawful Taking or Disposition (over $100,000) F3 8 1 3921* Theft By Unlawful Taking or Disposition (over $50,000 to $100,000) F3 7 1 3921* Theft By Unlawful Taking or Disposition (over $25,000 to $50,000) F3 6 1 3921* Theft by Unlawful Taking or Disposition (over $2,000 to $25,000, or if the property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor- propelled vehicle) F3 5 1 3921 Theft by Unlawful Taking or Disposition ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 3921 Theft by Unlawful Taking or Disposition ($200 to $2,000) M1 3 m 3921 Theft by Unlawful Taking or Disposition ($50 to less than $200) M2 2 m 3921 Theft by Unlawful Taking or Disposition (less than $50) M3 1 m 3922* Theft by Deception (over $100,000) F3 8 1 3922* Theft By Deception (over $50,000 to $100,000) F3 7 1 3922* Theft By Deception (over $25,000 to $50,000) F3 6 1 3922* Theft by Deception (over $2,000 to $25,000, or if the property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle) F3 5 1 3922 Theft by Deception ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m 3922 Theft by Deception ($200 to $2,000) M1 3 m 3922 Theft by Deception ($50 to less than $200) M2 2 m 3922 Theft by Deception (less than $50) M3 1 m 3923* Theft by Extortion (over $100,000) F3 8 1 3923* Theft by Extortion (over $50,000 to $100,000) F3 7 1 3923* Theft by Extortion (over $25,000 to $50,000) F3 6 1 3923* Theft by Extortion (over $2,000 to $25,000, or if the property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle) F3 5 1 3923 Theft by Extortion ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 4 m 3923 Theft by Extortion ($200 to $2,000) M1 4 m 3923 Theft by Extortion ($50 to less than $200) M2 2 m 3923 Theft by Extortion (less than $50) M3 1 m 3924* Theft of Property Lost, Mislaid, or Delivered by Mistake (over $100,000) F3 8 1 3924* Theft of Property Lost, Mislaid, or Delivered by Mistake (over $50,000 to $100,000) F3 7 1 3924* Theft of Property Lost, Mislaid, or Delivered by Mistake (over $25,000 to $50,000) F3 6 1 3924* Theft of Property Lost, Mislaid, or Delivered by Mistake (over $2,000 to $25,000, or if the property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle) F3 5 1 3924 Theft of Property Lost, Mislaid or Delivered by Mistake ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m 3924 Theft of Property Lost, Mislaid or Delivered by Mistake ($200 to $2,000) M1 3 m 3924 Theft of Property Lost, Mislaid or Delivered by Mistake ($50 to less than $200) M2 2 m 3924 Theft of Property Lost, Mislaid or Delivered by Mistake (less than $50) M3 1 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 3925 Theft by Receiving Stolen Property, During Disaster F2 7 2 3925* Theft by Receiving Stolen Property (over $100,000) F3 8 1 3925* Theft by Receiving Stolen Property (over $50,000 to $100,000) F3 7 1 3925* Theft by Receiving Stolen Property (over $25,000 to $50,000) F3 6 1 3925* Theft by Receiving Stolen Property (over $2,000 to $25,000, or if the property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle, or if the receiver is in the business of buying or selling stolen property) F3 5 1 3925 Theft by Receiving Stolen Property ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m 3925 Theft by Receiving Stolen Property ($200 to $2,000) M1 3 m 3925 Theft by Receiving Stolen Property ($50 to less than $200) M2 2 m 3925 Theft by Receiving Stolen Property (less than $50) M3 1 m 3926* Theft of Services (over $100,000) F3 8 1 3926* Theft of Services (over $50,000 to $100,000) F3 7 1 3926* Theft of Services (over $25,000 to $50,000) F3 6 1 3926* Theft of Services (over $2,000 to $25,000, or if the property is a firearm, automobile, airplane, motorcycle, motor-boat, or other motor-propelled vehicle) F3 5 1 3926 Theft of Services ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m 3926 Theft of Services ($200 to $2,000) M1 3 m 3926 Theft of Services ($50 to less than $200) M2 2 m 3926 Theft of Services (less than $50) M3 1 m 3926 (e) Theft of Services (sale transfer of device for diversion of services) M3 1 m 3927* Theft by Failure to Make Required Disposition of Funds Received (over $100,000) F3 8 1 3927* Theft by Failure to Make Required Disposition of Funds Received (over $50,000 to $100,000) F3 7 1 3927* Theft by Failure to Make Required Disposition of Funds Received (over $25,000 to $50,000) F3 6 1 3927* Theft by Failure to Make Required Disposition of Funds Received (over $2,000 to $25,000, or if the property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor- propelled vehicle) F3 5 1 3927 Theft by Failure to Make Required Disposition of Funds Received ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m 3927 Theft by Failure to Make Required Disposition of Funds Received ($200 to $2,000) M1 3 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 3927 Theft by Failure to Make Required Disposition of Funds Received ($50 to less than $200) M2 2 m 3927 Theft by Failure to Make Required Disposition of Funds Received (less than $50) M3 1 m 3928 Unauthorized Use of Auto (during disaster) F2 7 2 3928 Unauthorized Use of Auto M2 2 m 3929 Theft, Retail (during disaster) F2 7 2 3929 Theft, Retail (>$2,000, firearm, motor veh.) F3 5 1 3929 Theft, Retail (third or subsequent conviction) F3 3 1 3929 Theft, Retail (first or second offense, $150 or more) M1 2 m 3929 Theft, Retail (second offense, less than $150) M2 2 m 3929.1 Library Theft (3rd; subsequent offense) F3 5 1 3929.1 Library Theft (1st; 2nd over $150) M1 3 m 3929.1 Library Theft (2nd less than $150) M2 2 m 3930 Theft of Trade Secrets by Force, Violence, or Burglary F2 7 2 3930 Theft of Trade Secrets F3 5 1 3931 Theft of Unpublished Dramas and Musical Compositions (over $2,000 or if the property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle) F3 5 1 3931 Theft of Unpublished Dramas and Musical Compositions ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m 3931 Theft of Unpublished Dramas and Musical Compositions ($200 to $2,000) M1 3 m 3931 Theft of Unpublished Dramas and Musical Compositions ($50 to less than $200) M2 2 m 3931 Theft of Unpublished Dramas and Musical Compositions (less than $50) M3 1 m 3932* Theft of Leased Property (over $100,000) F3 8 1 3932* Theft of Leased Property (over $50,000 to $100,000) F3 7 1 3932* Theft of Leased Property (over $25,000 to $50,000) F3 6 1 3932* Theft of Leased Property (over $2,000 to $25,000, or if property is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle) F3 5 1 3932 Theft of Leased Property ($2,000 or less from person or by threat or in breach of fiduciary obligation) M1 3 m 3932 Theft of Leased Property ($200 to $2,000) M1 3 m 3932 Theft of Leased Property ($50 to less than $200) M2 2 m 3932 Theft of Leased Property (less than $50) M3 1 m 3933 (a)(1) Unlawful Use of Computer F3 5 1 3933 (a)(2)(3) Unlawful Use of Computer M1 3 m 4101 Forgery (money, stocks, etc.) F2 4 2 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.[Continued on next Web Page]
[Continued from previous Web Page] 18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 4101 Forgery (will, deed, etc.) F3 3 1 4101 Forgery (other) M1 3 m 4102 Simulating Antiques M1 3 m 4103 Fraudulent Destruction of Recordable Instruments F3 5 1 4104 (a) Tampering with Records or Identification M1 3 m 4105 (c)(1)(ii) Bad Checks ($200 <$500) M3 1 m 4105 (c)(1)(iii) Bad Checks ($500 <$1000) M2 2 m 4105 (c)(1)(iv) Bad Checks ($1,000 <$75,0000) M1 3 m 4105 (c)(1)(v) Bad Checks ($75,000 or more) F3 5 1 4105 (c)(2) Bad Checks (3rd or subseq./<$75,000) M1 3 m 4105 (c)(2) Bad Checks (3rd or subseq./ $75,000 or more) F3 5 1 4106 Credit Cards (more than $500) F3 3 1 4106 Credit Cards ($50 or more but less than $500) M2 2 m 4107 (a.1)(1)(i) Deceptive or Fraudulent Business Practices
(< $2,000)F3 5 1 4107 (a.1)(1)(ii) Deceptive or Fraudulent Business Practices ($200 - $2,000) M1 3 m 4107 (a.1)(1)(iii) Deceptive or Fraudulent Business Practices
(< $200)M2 2 m 4107 (a.1)(1)(iv) Deceptive or Fraudulent Business Practices (amt. not ascertained) M2 2 m 4107 (a.1)(3)(i) Deceptive or Fraudulent Business Practices
(< $2,000; victim 60 yrs.+)F2 7 2 4107 (a.1)(3)(ii) Deceptive or Fraudulent Business Practices ($200 - $2,000; victim 60 yrs. +) F3 5 1 4107 (a.1)(3)(iii) Deceptive or Fraudulent Business Practices (< $200; victim 60 yrs. +) M1 3 m 4107 (a.1)(3)(iv) Deceptive or Fraudulent Business Practices (amt. not ascertained; victim 60 yrs.+) M1 3 m 4107.1 Deception Relating to Kosher Foods M3 1 m 4107.2 Deception Relating to Certification of Minority Business Enterprise or Women's Business Enterprise F3 4 1 4108 Commercial Bribery and Breach of Duty M2 2 m 4109 Rigging Public Contest M1 3 m 4110 Defrauding Secured Creditors M2 2 m 4111 Fraud in Insolvency M2 2 m 4112 Receiving Deposits; Failed Institution M2 2 m 4113 Misapplication of Entrusted Property (over $50) M2 2 m 4113 Misapplication of Entrusted Property ($50 or less) M3 1 m 4114 Securing Execution of Documents by Deception M2 2 m 4115 Falsely Impersonating Persons Privately Employed M2 2 m 4116 (g)(1) Copying; Recording Devices (100 or more motion picture devices or 1,000 or more sound recording devices) F3 5 1 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 4116 (g)(1) Copying; Recording Devices (second or subsequent conviction at time of sentencing) F2 7 2 4116 (g)(2) Copying; Recording Devices (any other violation) M1 3 m 4116 (g)(2) Copying; Recording Devices (any other violation; second or subsequent conviction at time of sentencing) F3 5 1 4116.1 Unlawful Operation of Recording Device in Motion Picture Theater (first violation) M1 3 m 4116.1 Unlawful Operation of Recording Device in Motion Picture Theater (second or subsequent conviction at time of sentencing) F3 4 1 4117 (a) Insurance Fraud F3 4 1 4117 (b) Insurance Fraud M1 3 m 4118 Washing Titles [vehicles] F3 4 1 4119 (c)(1) Trademark Counterfeiting M1 3 m 4119 (c)(2) Trademark Counterfeiting F3 5 1 4119 (c)(3) Trademark Counterfeiting F2 7 2 4301 Bigamy M2 3 m 4302 Incest F2 7 2 4303 Concealing Death of Child M1 3 m 4304 Endangering Welfare of Children M1 5 1 4304 Endangering Welfare of Children (course of conduct) F3 6 1 4305 Dealing in Infant Children M1 4 1 4701 Bribery, Official and Political Matters F3 5 1 4702 Threats, Official and Political Matters F3 5 1 4702 Threats, Official and Political Matters M2 2 m 4703 Retaliation for Past Official Action M2 2 m 4902 Perjury F3 5 1 4903 (a) False Swearing M2 2 m 4903 (b) False Swearing M3 1 m 4904 (a) Unsworn Falsification to Authorities M2 2 m 4904 (b) Unsworn Falsification to Authorities M3 1 m 4905 False Alarms M1 3 m 4906 (a) False Reports to Law Enforcement Officials M2 2 m 4906 (b) False Reports to Law Enforcement Officials M3 1 m 4909 Witness Taking Bribe F3 5 1 4910 Tampering with Physical Evidence M2 2 m 4911 Tampering w/Public Records or Information F3 4 1 4911 Tampering w/Public Records or Information M2 2 m 4912 Impersonating a Public Servant M2 2 m 4913 Impersonating Notary Public M1 3 m 4952 Intimidation of Witnesses or Victims F3 7 1 4952 Intimidation of Witnesses or Victims M2 5 m 4953 Retaliation Against Witness or Victim F3 8 1 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 4953 Retaliation Against Witness or Victim M2 5 m 5101 Obstructing Justice M2 3 m 5102 Obstruction of Justice by Picketing M2 2 m 5103 Unlawfully Listening to Jury Deliberations M3 1 m 5104 Resisting Arrest M2 2 m 5105 Apprehension, Hindering (if conduct liable to be charged is F1 or F2) F3 4 1 5105 Apprehension, Hindering M2 2 m 5107 Aiding Consummation of Crime (of F1/F2) F3 5 1 5107 Aiding Consummation of Crime M2 2 m 5108 Compounding M2 2 m 5109 Barratry M3 1 m 5110 Contempt of General Assembly M3 1 m 5111 Dealing in Proceeds of Unlawful Activities F1 8 3 5121 (d)(1)(i)(ii)(iii)* Escape (from a halfway house, pre-release center, treatment center, work-release center, work-release, or by failing to return from an authorized leave or furlough) F3 5 1 5121 (d)(1)(i)(ii)(iii)* Escape (all other escapes from this subsection) F3 6 1 5121 (d)(2) Escape M2 3 m 5122 (a)(1) Weapons, Providing to Inmate M1 8 m 5122 (a)(2) Weapons, Possession by Inmate M1 4 m 5122 (a)(3) Weapons or Implements for Escape (tools) M2 3 m 5123 (a) Contraband (provide controlled substance to confined person) F2 7 2 5123 (a.2) Contraband (possession of controlled substance by confined person) M1 3 m 5123 (b) Contraband (money) M3 1 m 5123 (c) Contraband (other) M1 3 m 5124 Default in Required Appearance F3 4 1 5124 Default in Required Appearance M2 2 m 5125 Absconding Witness M3 1 m 5126 Avoiding Apprehension F3 5 1 5126 Avoiding Apprehension M2 2 m 5301 Official Oppression M2 2 m 5302 Speculating on Official Action M2 2 m 5501 Riot F3 4 1 5502 Failure to Disperse M2 2 m 5503 Disorderly Conduct M3 1 m 5504 Harassment by Communication M3 1 m 5506 Loitering and Prowling M3 1 m 5507 Obstructing Highways M3 1 m 5508 Disrupting Meetings M3 1 m 5509 Desecration of Venerated Objects M2 2 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 5510 Abuse of Corpse M2 3 m 5511 (a)(2) Cruelty to Animals F3 5 1 5511 (a)(2.1)(i) Cruelty to Animals M2 3 m 5511 (a)(2.1)(ii) Cruelty to Animals F3 5 1 5511 (a)(1) Cruelty to Animals M2 3 m 5511 (h.1) Cruelty to Animals F3 5 1 5512 Lotteries M1 3 m 5513 Gambling Devices M1 3 m 5514 Pool Selling and Bookmaking M1 3 m 5515 Prohibiting Paramilitary Training M1 3 m 5703 Interception, Disclosure or Use of Wire, Electronic or Oral Communications F3 5 1 5705 Possession, Sale, Distribution, Manufacture or Advertisement of Interception Devices F3 5 1 5719 Unlawful Use of Intercepted Communications M2 2 m 5771 Pen Register and Trap and Trace Devices M3 1 m 5901 Open Lewdness M3 1 m 5902 (a) Prostitution M3 1 m 5902 (a)(b)(d)(e) when (a.1),(c)(v) or (e.1) applies Prostitution and Related Offenses (HIV or Aids related) F3 5 1 5902 (b)(d) when (c)(1)(i)(ii)(iv) applies Prostitution and Related Offenses F3 5 1 5902 (b) when (c)(1)(iii) applies Prostitution Involving Minors F3 8 1 5902 (b) Prostitution M2 3 m 5902 (e) Patronizing Prostitutes M3 1 m 5903 Obscene Materials (subsequent offense) F3 5 1 5903 Obscene Materials M1 3 m 5904 Public Exhibition of Insane or Deformed Person M2 2 m 6105* Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms (loaded) M1 5 1 6105* Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms (unloaded) M1 4 1 6106* Firearms, Not to be Carried Without a License (loaded or ammunition in possession or control of defendant) F3 5 1 6106* Firearms, Not to be Carried Without a License (unloaded and ammunition not in possession or control of defendant) F3 4 1 6107 Prohibited Conduct during Emergency M1 3 1 6108* Carrying Firearms on Public Streets or Public Property in Philadelphia (loaded or ammunition in possession or control of defendant) M1 5 1 6108* Carrying Firearms on Public Streets or Public Property in Philadelphia (unloaded and ammunition not in possession or control of defendant) M1 4 1 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 6110.1 (a) Possession of Firearm by Minor M1 3 1 6110.1 (c) Possession of Firearms by Minor (responsibility of adult) F3 7 1 6111 (g)(1) Sale or Transfer of Firearms M2 2 m 6111 (g)(2)(3)(4) Sale or Transfer of Firearms (to ineligibles; unlawful request for criminal history; false statements) F3 5 1 6111 (h) Sale or Transfer of Firearms (subsequent) F2 7 2 6112 Retail Dealer Required to be Licensed M1 3 1 6113 Licensing of Dealers M1 3 1 6115 Loans, Lending, Giving Firearms Prohibited M1 3 1 6116 False Evidence of Identity M1 3 1 6117 Altering Marks of Identification F2 7 2 6121 Certain Bullets Prohibited F3 5 1 6122 Proof of License M1 3 1 6161 Carrying Explosives M2 3 m 6162 Shipping Explosives M3 3 m 6301 (a)(1)* Corruption of Minors (when of a sexual nature) M1 5 m 6301 (a)(1)* Corruption of Minors M1 4 1 6301 (a)(2) Corruption of Minors (second violation of truancy in year) M3 1 m 6302 Sale or Lease of Weapons M1 4 m 6303 Sale of Starter Pistols M1 4 m 6304 Sale of Air Rifles M3 1 m 6306 Furnish Cigarettes to Minors (3rd and subsequent offenses) M3 1 m 6307 Misrepresentation of Age to Secure Alcohol (subsequent offense) M3 1 m 6309 Representing that Minor is of Age M3 1 m 6310 Inducement of Minors to Buy Liquor M3 1 m 6310.1 Selling Liquor to Minors M3 1 m 6310.2 Manufacture or Sale of False ID M2 2 m 6310.3 Carrying False ID (subsequent offense) M3 1 m 6311 Tattooing (a minor) M3 1 m 6312 (b) Sexual Abuse of Children (taking photos) F2 7 2 6312 (c) Sexual Abuse of Children (selling photos) F3 6 1 6312 (d) Possession of Child Pornography F3 5 1 6501 (a)(3) Scattering Rubbish (2nd; subsequent offense) M1 3 m 6501 (a)(3) Scattering Rubbish (1st. offense) M2 2 m 6501 (a)(1)(2) Scattering Rubbish (2nd; subsequent offense) M3 1 m 6504 Public Nuisances M2 2 m 6703 Military Decorations M3 1 m 6707 False Registration of Domestic Animals M3 1 m 6709 Use of Union Labels M3 1 m 6901 Extension of Water Line M3 1 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.18 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 6910 Unauthorized Sale of Tickets M3 1 m 7102 Drugs to Race Horses M1 3 m 7103 Horse Racing M3 1 m 7104 Fortune Telling M3 1 m 7107 Unlawful Actions by Athlete Agents M1 3 m 7302 (a) Sale of Solidified Alcohol M2 2 m 7302 (b) Labeling of Solidified Alcohol M1 3 m 7303 Sale or Illegal Use of Solvents M3 1 m 7306 Incendiary Devices M1 3 m 7307 Out of State Convict Made Goods M2 2 m 7308 Unlawful Advertising of Insurance Business M2 2 m 7309 Unlawful Coercion in Contracting Insurance M1 3 m 7310 Furnishing Free Insurance M3 1 m 7311 Unlawful Collection Agency Practices M3 1 m 7312 Debt Pooling M3 1 m 7313 Buying Food Stamps($1,000 or more) F3 5 1 7313 Buying Food Stamps(< $1,000) M1 3 m 7314 Fraudulent Traffic in Food Orders ($1,000 or more) F3 5 1 7314 Fraudulent Traffic in Food Orders (< $1,000) M1 3 m 7316 Keeping Bucket-Shop M3 1 m 7317 Accessories, Bucket-Shop M3 1 m 7318 Maintaining Bucket-Shop Premises M3 1 m 7319 Bucket-Shop Contracts M3 1 m 7321 Lie Detector Tests M2 2 m 7322 Demanding Property to Secure Employment M3 1 m 7323 Discrimination on Account of Uniform M2 2 m 7324 Unlawful Sale of Dissertations, Thesis, Term Papers M3 1 m 7326 Disclosure of Confidential Tax Information M3 1 m 7328 Operation of Certain Establishments M3 1 m 7503 Interest of Certain Architects in Public Works Contracts M3 1 m 7504 Appointment of Special Police M3 1 m 7507 Breach of Privacy M2 2 m Offenses not otherwise listed [OMNIBUS] F1 8 3 F2 7 2 F3 5 1 FELONY NOT CLASSIFIED 5 1 M1 3 m M2 2 m M3 1 m MISD. NOT CLASSIFIED 1 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.DRUG ACT OFFENSES 35 P. S. § 780- 113(a) DESCRIPTION STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD POINTS (1) Manufacture/Sale/Delivery of Adulterated Drug M 4 m (2) Adulteration of Controlled Substance M 4 m (3) False Advertisement M 4 m (4) Removal of Detained Substance M 5 m (5) Adulteration of Sellable Controlled Substance M 4 m (6) Forging ID Under Act M 5 m (7) Defraud Trademark M 5 m (8) Selling Defrauded Trademark M 5 m (9) Having Equipment to Defraud M 5 m (10) Illegal Sale of Nonproprietary Drug M 4 m (11) Illegal Pharmacy Operations M 5 m (12)* Acquisition of Controlled Substance by Fraud: Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (> 1,000g) F 13 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (100g to 1000g) F 11 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (50g to < 100 g) F 10 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (10g to <50g) F 8 2 Heroin (1g to <10 g) F 7 2 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (2.5g to <10g) F 7 2 Heroin (<1g) F 6 2 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (<2.5g) F 6 2 Marijuana (50 lbs. or greater or 51 or more live plants) F 8 2 Marijuana (10 lbs. to <50 lbs. or 21 to <51 live plants) F 7 2 Marijuana (1 lb. to <10 lbs. or 10 to <21 live plants) F 5 2 Marijuana (<1 lb. or <10 live plants) F 3 2 Prescription Pills of Schedule II (> 100 pills) F 10 2 Prescription Pills of Schedule II (51-100 pills) F 9 2 Prescription Pills of Schedule II (21-50 pills) F 8 2 Prescription Pills of Schedule II (1-20 pills) F 6 2 Schedule I and II Drugs not listed F 5 2 Schedule III and IV Drugs F 5 2 Schedule V Drugs M 3 m (13) Dispense of Drugs to Drug Dependent Person M 4 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).35 P. S. § 780- 113(a) DESCRIPTION STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS (14)* Delivery by Practitioner: Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (> 1,000g) F 13 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (100g to 1000g) F 11 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (50g < 100g) F 10 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (10g to <50g) F 8 2 Heroin (1g to <10 g) F 7 2 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (2.5g to <10g) F 7 2 Heroin (< 1g) F 6 2 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (<2.5g) F 6 2 Marijuana (50 lbs. or greater or 51 or more live plants) F 8 2 Marijuana (10 lbs. to <50 lbs. or 21 to <51 live plants) F 7 2 Marijuana (1 lb. to <10 lbs. or 10 to <21 live plants) F 5 2 Marijuana (<1 lb. or <10 live plants) F 3 2 Schedule I and II Drugs not listed F 5 2 Schedule III and IV Drugs F 5 2 Schedule V Drugs M 3 m (15) Illegal Retail Sale M 4 m (16) Simple Possession M 3 m (17) Dispensing of Drugs Without Label M 4 m (18) Illegal Sale Container M 4 m (19) Intentional Unauthorized Purchase M 5 m (20) Divulging Trade Secret M 4 m (21) Failure to Keep Records M 2 m (22) Refusal of Inspection M 2 m (23) Unauthorized Removal of Seals M 5 m (24) Failure to Obtain License M 2 m (25) Manufacture by Unauthorized Party M 5 m (26) Distribution by Registrant of Controlled Substance M 5 m (27) Use of Fictitious Registration Number M 5 m (28) False Application Material M 5 m (29) Production of Counterfeit Trademarks M 5 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).[Continued on next Web Page]
[Continued from previous Web Page] 35 P. S. § 780- 113(a) DESCRIPTION STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS (30)* Possession With Intent to Deliver (PWID): Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (> 1,000g) F 13 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (100g to 1000g) F 11 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (50g to <100g) F 10 3 Heroin, Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (10g to <50g) F 8 2 Heroin (1g to <10 g) F 7 2 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (2.5g to <10g) F 7 2 Heroin (<1g) F 6 2 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (<2.5g) F 6 2 Marijuana (50 lbs. or greater or 51 or more live plants) F 8 2 Marijuana (10 lbs. to <50 lbs. or 21 to <51 live plants) F 7 2 Marijuana (1 lb. to <10 lbs. or 10 to <21 live plants) F 5 2 Marijuana (<1 lb. or <10 live plants) F 3 2 Schedule I and II Drugs not listed F 5 2 Schedule III and IV Drugs F 5 2 Schedule V Drugs M 3 m (31) Small Amount of Marijuana M 1 m (32) Possession of Paraphernalia M 1 m (33) PWID Paraphernalia (no minor) M 3 m (33) PWID Paraphernalia (minor w/Conditions) M2 4 m (34) Ad for Drug Paraphernalia M 1 m (35) Illegal Sale of Non controlled Substance F 6 2 (36) Designer Drugs F 5 2 (37) Possession of Steroids M 4 m Offenses not otherwise listed [OMNIBUS] F1 8 3 F2 7 2 F3 5 1 FELONY NOT CLASSIFIED 5 1 M1 3 m M2 2 m M3 1 m MISD. NOT CLASSIFIED 1 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).ENVIRONMENTAL OFFENSES 35 P. S. § OFFENSE TITLE STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD POINTS 6018.101- 6018.1002 SOLID WASTE MANAGEMENT ACT Knowingly Transports, etc. Hazardous Waste Without Permit F1 9 1 Transports, etc. Hazardous Without Permit F2 7 2 Violation of Act; DER Order, etc. M3 1 m 691.1-691.1001 CLEAN STREAMS LAW Violation of Act; DER Order M3 1 m 4001-4015 AIR POLLUTION CONTROL ACT Knowingly Releases Hazardous Air Pollutant F1 9 1 Violation of Act ; DER Order M2 2 m Negligently Releases Hazardous Air Pollution M3 1 m 721.1-721.17 SAFE DRINKING WATER ACT Knowingly Introduces Contaminant Into Public Water M1 3 m Violation of Act; DER Order M3 1 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).
JUDICIAL CODE 42 Pa.C.S. § OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 9793 (e) Failure to Register [sexually violent offenses] F3 6 1 9795 (d) Failure to Register [sexually violent predator] F3 6 1 9796 (e) Failure to Register [residence of sexually violent predator] F3 6 1 m = Other Misdemeanor Offenses. See 303.7(a)(5).
VEHICLE LAW OFFENSES 75 Pa.C.S.§ OFFENSE TITLE STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD POINTS 3712 Abandonment/Stripping of Vehicles M3 1 m 3731 Driving Under the Influence (1st conviction in 7 years) [MANDATORY MINIMUM=48 HOURS] M2 2 m 3731 Driving Under the Influence (2nd conviction in 7 years) [MANDATORY MINIMUM=30 DAYS] M2 2 m 3731 Driving Under the Influence (3rd conviction in 7 years) [MANDATORY MINIMUM=90 DAYS] M1 3 1 3731 Driving Under the Influence (4th/subseq. conviction in 7 years) [MANDATORY MINIMUM=1 YEAR] M1 3 1 3732* Homicide by Vehicle (when there is also a conviction for DUI arising from the same INCIDENT) M1 8 1 * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).75 Pa.C.S.§ OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS 3732* Homicide by Vehicle (when there is not a conviction for DUI arising from the same INCIDENT) M1 6 1 3733 Fleeing or Aluding Police M2 2 m 3735 Homicide by Vehicle while DUI [MANDATORY MINIMUM=3 YEARS] F2 8 2 3735.1 Aggravated Assault by Vehicle while DUI F2 7 2 3742 (b)(1) Accident Involving Death or Personal Injury (failure to stop) M1 3 m 3742 (b)(2) Accident Involving Death or Personal Injury (resulting in SBI) [MANDATORY MINIMUM= 90 DAYS] F3 5 1 3742 (b)(3) Accident Involving Death or Personal Injury (resulting in death) [MANDATORY MINIMUM=1 YEAR] F3 6 1 3742.1 (b)(1) Accident Involving Death or Personal Injury (license suspended) M2 2 m 3742.1 (b)(1) Accident Involving Death or Personal Injury (no license issued) M3 1 m 3742.1 (b)(2) * Accident Involving Death or Personal Injury (SBI, license suspended) F3 4 1 3742.1 (b)(2) * Accident Involving Death or Personal Injury (death, no license issued) F3 5 1 3742.1 (b)(2) * Accident Involving Death or Personal Injury (SBI, license suspended) M1 3 m 3742.1 (b)(2) * Accident Involving Death or Personal Injury (death, no license issued) M1 4 m 3743 Accident Involving Damage to Attended Vehicle M3 1 m 7102 Falsify Vehicle Identification M1 3 m 7102 Falsify Vehicle Identification M3 1 m 7103 Deal in Vehicles with Removed Identification F3 5 1 7103 Deal in Vehicles with Removed Identification M3 1 m 7111 Deal in Stolen Plates M1 3 m 7112 False Report of Theft or Vehicle Conversion M3 1 m 7121 False Application for Title/Registration M1 3 m 7122 Altered or Forged Title or Plates M1 3 m 7132 Prohibited Activities Related to Odometers (1st or subsequent offense, subchapter D) F3 4 1 7133 Permissible Activities Related to Odometers (1st or subsequent offense, subchapter D) F3 4 1 7134 Odometer Disclosure Requirement (1st or subsequent offense, subchapter D) F3 4 1 7135 Odometer Mileage Statement (1st or subsequent offense, subchapter D) F3 4 1 7136 Conspiracy to Violate (1st or subsequent offense, subchapter D) F3 4 1 7137 Violation of Unfair Trade Practices (1st or subsequent offense, subchapter D) F3 4 1 7752(b) Unauthorized Disposition of Forms M3 1 m 8306(b) Willful Violations M3 1 m 8306(c) Subsequent Willful Violations M2 2 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).75 Pa.C.S.§ OFFENSE TITLE STATUTORY CLASS § 303.3
OFFENSE GRAVITY SCORE§ 303.7 PRIOR RECORD POINTS Offenses not otherwise listed [OMNIBUS]: F1 8 3 F2 7 2 F3 5 1 FELONY NOT CLASSIFIED 5 1 M1 3 m M2 2 m M3 1 m MISD. NOT CLASSIFIED 1 m * = Subcategorized Offenses. See 303.3(b).
m = Other Misdemeanor Offenses. See 303.7(a)(5).§ 303.16. Basic Sentencing Matrix.
[Pa.B. Doc. No. 97-400. Filed for public inspection March 14, 1997, 9:00 a.m.]
