Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.3 - Offense gravity score

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				provisions.
(1) The OGS measures the
				seriousness of the current conviction offense and is the primary determinant of
				the guideline sentence recommendation. An OGS is assigned to each conviction
				offense, based on the elements of the offense and the classification of the
				crime. There are 30 general OGS categories, with another eight OGS categories
				limited to assignments for murder.
(2)
Subcategorized offenses.
Certain conviction offenses are subcategorized and may be assigned more than
				one OGS based on the presence of specific sentencing factors determined by the
				court at sentencing and/or mandatory minimum sentencing provisions.
				Subcategorized offenses are included in the offense listings in §§
										303a.9 and
				303a.10 (relating to offense
				listing (OGS/POG assignments); and BUI/ DUI offense listing (OGS/POG
				assignments)) and designated by an asterisk].
(3) Assignments for specific offense
				categories:
(i)
Inchoate
				offenses.
Inchoate offenses are scored as follows:
(A) Except as provided for inchoates to
				murder, convictions for attempt, solicitation or conspiracy to commit a Felony
				1 offense receive an OGS of one point less than the offense attempted,
				solicited, or which was the object of the conspiracy.
(B) Convictions for attempt, solicitation, or
				conspiracy to commit any offense which is not a Felony 1 offense, receive the
				OGS of the offense attempted, solicited or which was the object of the
				conspiracy.
(C) 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 OGS of the
				offense attempted, solicited or which was the object of the
				conspiracy.
(ii)
Offenses with classifications associated with underlying
				offenses.
(A) Convictions for Ethnic
				Intimidation (18 Pa.C.S. §
													2710
				(relating to ethnic intimidation)), Terrorism (18 Pa.C.S. §
													2717 (relating to terrorism)), Ecoterrorism
				(18 Pa.C.S. §
													3311
				(relating to ecoterrorism)), and other offenses for which the grade is
				classified one degree higher than the underlying offense are assigned an OGS
				two points higher than the OGS of the underlying offense but cannot exceed OGS
				30.
(B) Convictions for Obstruction
				of Justice (18 Pa.C.S. §
													3016
				(relating to obstruction of justice)), Unlawful Contact with Minor
				(18 Pa.C.S. §
													6318
				(relating to unlawful contact with minor)), and other offenses for which the
				grade is classified the same as an associated or underlying offense are
				assigned the same OGS as the associated or underlying offense, unless otherwise
				provided.
(iii)
Violations of The Controlled Substance, Drug, Device and Cosmetic Act
				(35
				P.S. §§
													780-101-780-144).
(A) 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 with the highest OGS.
(B)
Exception for prescription
				pills.
For violations of section 13(a)(12), (a)(14) and (a)(30) of The
				Controlled Substance, Drug, Device and Cosmetic Act involving narcotic
				prescription pills of Schedule II, when both the weight and the number of pills
				are known, the higher OGS assignment applies.
(C)
Subcategorization.
OGS
				assignments for violations of section 13(a)(12), (a)(14) and (a)(30) of The
				Controlled Substance, Drug, Device and Cosmetic Act are subcategorized based on
				the type and quantity of the controlled substance, and the statutory maximum of
				the controlled substance, including the applicability of section 14 or section
				15 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §
													780-114 or §
				780-115).
(4)
Omnibus offense gravity score.
The omnibus OGS, as provided in
				§
										303a.11 (relating to omnibus OGS
				tables), is assigned based on the grade of the conviction offense and/or a
				mandatory minimum requirement, and applies to any offense not listed in §
										303a.9 or §
										303a.10. As provided below, the
				omnibus OGS may apply to new or amended sections of statute enacted by the
				General Assembly.
(i) Three omnibus OGS
				tables are provided in §
											303a.11:
(A) 303a.11(a) General omnibus OGS
				assignments.
(B) 303a.11(b) BUI
				omnibus OGS assignments, relating to operating watercraft under the
				influence.
(C) 303a.11(c) DUI
				omnibus OGS assignments, relating to driving under the
				influence.
(ii) For an
				addition of a new subsection of statute:
(A)
				The lowest OGS assigned within the section based on the grade or statutory
				maximum of the offense shall apply to the new subsection.
(B) When the grade or statutory maximum of
				the new subsection is higher than the highest grade or statutory maximum in the
				section, the highest assigned OGS in the section shall apply to the new
				subsection, unless the omnibus OGS is higher.
(C) When the grade or statutory maximum of
				the new subsection is lower than the lowest grade or statutory maximum in the
				section, the lowest assigned OGS in the section shall apply to the new
				subsection, unless the omnibus OGS is lower.
(iii) For an amendment to an existing section
				of statute:
(A) When the definition of an
				offense listed in §
												303a.9 or §
												303a.10 is changed, the
				previously assigned OGS shall apply.
(B) When the grade, mandatory minimum
				sentence requirement, or statutory maximum of a subsection listed in §
												303a.9 or §
												303a.10 has increased, the
				omnibus OGS shall apply, unless the previously assigned OGS is
				higher.
(C) When the grade,
				mandatory minimum sentence requirement, or statutory maximum of a subsection
				listed in §
												303a.9 or §
												303a.10 has decreased, the
				omnibus OGS shall apply, unless the previously assigned OGS is
				lower.