Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.09 - Offense Score

Current through Register Vol. 51, No. 14, July 12, 2024
A. Computation of
				Offense Score. The individual completing the worksheet shall derive the offense
				score for each offense by totaling the points given for certain factors of that
				offense. A column of offense scores is provided on the worksheet for each of
				the three possible offenses within a single criminal event. A judge may include
				factors known to the judge even if they are not within the scope of the
				offense, such as weapon presence in a robbery offense or victim injury in an
				offense involving a handgun violation.
B. Elements of the Offense Score.
(1) The offense score consists of four
				elements.
(2) Seriousness Category
				of the Offense.
(a) The individual completing
				the worksheet shall assign points based on the seriousness category of the
				offense. COMAR 14.22.02 contains a list of Maryland criminal offenses and their
				assigned seriousness categories.
(b) The individual completing the worksheet
				shall assign the number of points that correspond to the seriousness category
				of each offense on the guidelines worksheet.
(3) Victim Injury.
(a) Victim injury, whether physical or
				psychological, shall be based on reasonable proof. Psychological injury shall
				be based on confirmed medical diagnosis or psychological counseling or
				treatment. Rape crisis hotlines, clergy conferences, and other similar services
				are considered psychological counseling or treatment, but the contact with a
				counselor must be confirmed in writing or otherwise by the counseling or
				treatment provider. Psychological injury is presumed not permanent unless
				otherwise demonstrated. Physical injury shall be more than minimal. Physical
				injuries such as lasting muscle damage or amputation are permanent. Offenses
				involving photographic or video evidence of child pornography shall be scored
				as permanent victim injury.
(b) The
				individual completing the worksheet shall assign a score of 0 if there was no
				victim injury.
(c) The individual
				completing the worksheet shall assign a score of 1 if victim injury occurred
				and the injury was not permanent.
(d) The individual completing the worksheet
				shall assign a score of 2 if victim injury occurred and the injury was
				permanent or resulted in the death of the victim.
(e) The victim injury component of the
				offense score shall be completed for each offense to be sentenced.
(4) Weapon Presence.
(a) The individual completing the worksheet
				shall assign a score of 0 if no weapon was present.
(b) The individual completing the worksheet
				shall assign a score of 1 if a weapon other than a firearm was
				present.
(c) The individual
				completing the worksheet shall assign a score of 2 if a firearm or explosive
				material was present.
(d) The
				individual completing the worksheet shall complete the weapon presence
				component of the offense score for each offense to be sentenced. The individual
				completing the worksheet shall apply the following rules:
(i) Explosive material (as defined in
				Criminal Law Article, §
												4-501, Annotated Code of
				Maryland) is considered the same as a firearm;
(ii) An unloaded firearm is considered the
				same as a loaded firearm;
(iii)
				Weapons other than firearms include incendiary and toxic materials (as defined
				in Criminal Law Article, §
												4-501, Annotated Code of
				Maryland), knives, tire irons, and clubs;
(iv) Carbon dioxide
				(CO2) guns (including pellet guns) and starter pistols
				are also scored as weapons other than firearms and receive one point;
(v) Except if deliberately used as a weapon,
				automobiles are not included as weapons and shall receive a weapon presence
				score of zero;
(vi) Unless the
				offender is a professional in some form of self-defense, parts of the body,
				such as hands or feet, are not included as weapons;
(vii) If a weapon was feigned but no weapon
				was actually present, the score shall be 1 (weapon other than
				firearm);
(viii) A feigned weapon
				shall be scored 1 point when an individual intentionally creates the false
				impression that there is an actual weapon present, including a finger used to
				simulate a gun, a written note stating that there is a dangerous weapon
				present, or a verbal statement that there is a dangerous weapon present;
				and
(ix) Any applicable guidelines
				points for weapon presence shall be given to an accessory before the fact, but
				not to an accessory after the fact.
(5) Special Vulnerability of Victim. The
				individual completing the worksheet shall assign a score of 0 if the victim is
				not defined as a vulnerable victim. The individual completing the worksheet
				shall assign a score of 1 if the victim is defined as a vulnerable victim. The
				individual completing the worksheet shall complete the Special Vulnerability of
				Victim component of the offense score for each offense to be
				sentenced.