Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.12 - OGS enhancements table

Current through Register Vol. 54, No. 28, July 13, 2024
Pa.C.S. §
Description
OGS
								Subcategorization
OGS
								Adjustment
Guideline Section and
								Additional Details
General enhancements (§
								303a.3(b)(6))
42-2154(b)(3)
Deadly weapon
								enhancement
§ 303a.3(b)(5)(i)
Deadly weapon possessed
+2
Deadly weapon used
+3
42-2154(b)(3)
School zone drug
								enhancement
§ 303a.3(b)(5)(ii)
Distribution in a school
								zone
+1
42-9720.4
Sentencing for offenses committed in
								association with a criminal gang.
§ 303a.3(b)(5)(iii)
Murder-3rd degree
x
Crimes of violence (42-9714(g)) or a violation of
								section (a)(30) of the Drug Act (35-780-113) if knowingly committed at the
								direction of or for the purpose of benefiting, promoting, or furthering the
								interests of a criminal gang.
+2
42-9720.8
Sentencing for offenses involving domestic
								violence.
§ 303a.3(b)(5)(iv)
Murder-3rd degree
x
Offense under Title 18, Chapters 25, 27, 29, 30, 31
								or 49 against a family or household member (23-6102).
+2
Defendant knew crime was witnessed, either through
								sight or sound, by a minor who is also a family or household member of the
								defendant or the to victim.
Payment of costs or fees for assessment and
								treatment of the minor.
Crimes code enhancements (§
								303a.3(b)(6))
18-2502(c)
Murder of the third
								degree
§ 303a.3(b)(6)(i)
Victim <13 years of age
x
18-2505
Causing or aiding
								suicide
§ 303a.3(b)(6)(ii)
Victim <18/intellectual disability/
								autism
x
18-3011
Trafficking in
								individuals
§ 303a.3(b)(6)(iii)
Unless otherwise included in OGS
								description
:
Sexual servitude
+2
Kidnapping, rape, or IDSI in course of offense
								(maximum = Life) (42-9720.2)
OGS 27
Age of victim-13 to less than 18 years of
								age
+2
Age of victim-less than 13 years of
								age
+4
18-3012
Involuntary servitude
§ 303a.3(b)(6)(iii)
Unless otherwise included in OGS
								description
:
Sexual servitude
+2
Kidnapping, rape, or IDSI in course of offense
								(maximum = Life) (42-9720.2)
OGS 27
Age of victim-13 to less than 18 years of
								age
+2
Age of victim-less than 13 years of
								age
+4
18-3133
Sexual extortion
§ 303a.3(b)(6)(iv)
Victim<18/intellectual disability/actor holds
								position of trust
x
Unless otherwise included in OGS
								description
:
Victim attempts suicide resulting in
								SBI/death
+1
18-3301(a)
Arson endangering persons (provided in
								42-9720.6. Sentencing for arson offenses)
§ 303a.3(b)(6)(v)
Cause SBI to civilian or cause BI to firefighter,
								etc.
x
Unless otherwise included in OGS
								description
:
More than 3 people in building (F-1
								offense)
+2
More than three people in building (< F-1
								offense)
+3
Greater than $1 million in damage (F-1
								offense)
+2
Greater than $1 million in damage (< F-1
								offense)
+3
Incendiary device (F-1
								offense)
+2
Incendiary device (< F-1
								offense)
+3
18-3301(a.1)
Aggravated arson (provided in 42-9720.6.
								Sentencing for arson offenses)
§ 303a.3(b)(6)(v)
Cause SBI to civilian or cause BI to firefighter,
								etc.
x
Unless otherwise included in OGS
								description
:
More than 3 people in building (F-1
								offense)
+2
More than 3 people in building (< F-1
								offense)
+3
Greater than $1 million in damage (F-1
								offense)
+2
Greater than $1 million in damage (< F-1
								offense)
+3
Incendiary device (F-1
								offense)
+2
Incendiary device (< F-1
								offense)
+3
18-3502
Burglary (as provided in part in
								42-9720.7)
§ 303a.3(b)(6)(vi)
Occupied structure, person present, bodily injury
								crime
x
Unless otherwise included in OGS
								description
:
18-3502(d.1)
Domestic animal harmed or
								killed
+1
18-3503
Criminal trespass
§ 303a.3(b)(6)(vii)
Unless otherwise included in OGS
								description
:
18-3503(c.2)
Domestic animal harmed or killed
+1
18-3702
Robbery of motor
								vehicle
§ 303a.3(b)(6)(viii)
Steals or takes motor vehicle in presence of
								person
x
18-6105
Person not to possess
								firearms
§ 303a.3(b)(6)(ix)
Previous conviction
x
Possession/control of firearm or within
								reach
x
18-6312
Sexual abuse of children (as provided in
								42-9720.5. Sentencing for offenses involving sexual abuse of
								children)
§ 303a.3(b)(6)(x)
Age of victim or prepubescent
x
Indecent contact depicted
x
Unless otherwise included in OGS
								description
:
Nature and character of abuse
								depicted
+1
Child known to defendant
+1
Number of images (video clip = 50
								images):
More than 50 to 200 images
+1
More than 200 to 500
								images
+2
More than 500 images
+3
Vehicle code enhancements (§
								303a.3(b)(7))
75-3732
Homicide by vehicle
§ 303a.3(b)(7)(i)
Category A
: DUI (75-3802); texting
								(75-3316)
x
Category B
: active work zone
								(75-3326), emergency vehicle (75-3325), emergency response area
								(75-3327)
x
Category C
: required to be
								licensed (75-1501); operating privilege suspended/revoked
								(75-1543)
x
75-3732.1
Aggravated assault by
								vehicle
§ 303a.3(b)(7)(ii)
Category A
: DUI (75-3802); texting
								(75-3316)
x
Category B
: active work zone
								(75-3326), emergency vehicle (75-3325), emergency response area
								(75-3327)
x
Category C
: required to be
								licensed (75-1501); operating privilege suspended/revoked
								(75-1543)
x
75-3742
Accidents involving death or personal
								injury
§ 303a.3(b)(7)(iii)
Victim dies as a result of the
								violation
x
75-3802
Driving under the influence of alcohol or
								controlled substance
§ 303a.3(b)(7)(iv)
Four or more prior convictions under (a)(1), (c),
								or (d)
x