Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303 - SENTENCING GUIDELINES, 7TH EDITION › Section 303.7 - Prior Record Score-guideline points scoring

Current through Register Vol. 54, No. 28, July 13, 2024
(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.