204 Pa. Code § 303.7

Current through Register Vol. 54, No. 45, November 9, 2024

Section 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

All other completed crimes of violence, as defined in 42? Pa.C.S. § 9714(g), excluding inchoates.

Murder of Unborn Child, and attempt, solicitation or conspiracy to commit Murder of Unborn Child

Offenses with OGS 11 or greater, excluding inchoates and Violations of the Controlled Substance Act

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 other inchoates to offenses listed in § 303.7(a)(1).

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 (possession of a weapon)

Prohibited Offensive Weapons

Use or Possession of Electric or Electronic Incapacitation Device

Possession of Weapon on School Property

Possession of Firearm or Other Dangerous Weapon in Court Facility

Violations of the Pennsylvania Uniform Firearms Act

Any of the following Misdemeanor 1 offenses that involve death or danger to children:

Involuntary Manslaughter

Simple Assault (against child under 12 years of age by adult 18 years of age or older)

Luring a Child into a Vehicle

Indecent Assault (complainant is less than 13 years of age)

Indecent Exposure (persons present are less than age 16)

Endangering Welfare of Children

Dealing in Infant Children

Recruiting Criminal Gang Members

Driving Under the Influence of Alcohol or Controlled Substance, except for a first lifetime conviction or adjudication.

Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, except for a first lifetime conviction or adjudication.

(5)Other Misdemeanor Offenses. All other misdemeanor offenses, including a first lifetime conviction for Driving Under the Influence of Alcohol or a Controlled Substance or Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, 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.

204 Pa. Code § 303.7

The provisions of this §303.7 amended July 5, 1986, and applies to sentences for crimes committed after January 1, 1986, 15 Pa.B. 2447; as announced at 16 Pa.B. 439 (February 15, 1986). Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended December 4, 1987, effective 4/25/1988, 18 Pa.B. 1916; amended February 15, 1994, effective 8/12/1994, 24 Pa.B. 2483; amended March 14, 1997, effective 6/13/1997, 27 Pa.B. 1252; amended February 9, 2005, effective 6/3/2005, 35 Pa.B. 1508; amended September 5, 2008, effective 12/5/2008, 38 Pa.B. 4971; amended September 13, 2012, effective 12/28/2012, 42 Pa.B. 6072; amended June 6, 2013, effective 9/27/2013, 43 Pa.B. 3655; amended June 27, 2014, effective 9/26/2014, 44 Pa.B. 4071; amended September 25, 2020, effective 1/1/2021, 50 Pa.B. 5341.

This section cited in 204 Pa. Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Code § 303.4 (relating to Prior Record Score-categories); 204 Pa. Code § 303.6 (relating to Prior Record Score-prior juvenile adjudications); 204 Pa. Code § 303.8 (relating to Prior Record Score-miscellaneous); and 204 Pa. Code § 303.15 (relating to offense listing).