204 Pa. Code § 303.3

Current through Register Vol. 50, No. 41, October 10, 2020
Section 303.3 - Offense Gravity Score-general
(a) An Offense Gravity Score is assigned to each offense based on the elements of the conviction offense and the classification of the crime. The Offense Gravity Scores are located in § 303.15.
(b)Subcategorized offenses. Certain conviction offenses are subcategorized according to the particular circumstances of the offense. A subcategorized offense is assigned multiple offense gravity scores based on additional sentencing factors, which the court determines at sentencing. The court determines which Offense Gravity Score, located in § 303.15, applies. These offenses are designated by an asterisk .
(c)Inchoate offenses. Inchoate offenses are scored as follows:
(1) Convictions for attempt, solicitation, or conspiracy to commit a Felony 1 offense receive an Offense Gravity Score of one point less than the offense attempted, solicited, or which was the object of the conspiracy.
(2) Convictions for attempt, solicitation, or conspiracy to commit any offense which is not a Felony 1 offense, receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy.
(3) 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 Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy.
(4) Exception for inchoate murder convictions. Convictions for attempt, solicitation, or conspiracy to commit murder receive the Offense Gravity Score of 14 if there is serious bodily injury and 13 if there is no serious bodily injury.
(d)Ethnic Intimidation. Convictions for Ethnic Intimidation (18 Pa.C.S. § 2710) receive an Offense Gravity Score that is one point higher than the offense which was the object of the Ethnic Intimidation. When the object offense is murder of the third degree, a conviction for Ethnic Intimidation receives the highest Offense Gravity Score applicable.
(e)Violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-101-780-144). 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 which has the highest Offense Gravity Score.
(1)Exception for prescription pills. For violations of 35 P.S. § 780-113(a)(12), (a)(14), and (a)(30) involving narcotic prescription pills of Schedule II, when both the weight and the number of pills are known, the higher Offense Gravity Score assignment applies. (See § 303.15.)
(f)Omnibus Offense Gravity Scores. The Omnibus Offense Gravity Scores are provided below and in the listing at § 303.15:

Felony 1 with a statutory maximum greater than 20 years 10
Felony 1 8
Felony 2 7
Felony 3 5
Felonies not subclassified by the General Assembly 5
Misdemeanor 1 3
Misdemeanor 2 2
Misdemeanor 3 1
Misdemeanors not subclassified by the General Assembly 1

The Omnibus Offense Gravity Score shall apply to an offense not otherwise listed in § 303.15. For purposes of this section, an offense not otherwise listed includes a new section of statute added by the General Assembly.

(1) For an amendment to an existing section of statute.
(i) When the definition of an offense listed in § 303.15 is changed, the previously assigned offense gravity score shall apply.
(ii) When the grade or statutory maximum sentence of a subsection listed in § 303.15 has increased, the omnibus offense gravity score shall apply, unless the previously assigned offense gravity score is higher.
(iii) When the grade or statutory maximum sentence of a subsection listed in § 303.15 has decreased, the omnibus offense gravity score shall apply, unless the previously assigned gravity score is lower.
(2) For an addition of a new subsection of statute.
(i) The lowest offense gravity score assigned within the section to the grade or the statutory maximum sentence of the offense shall apply to the new subsection.
(ii) When the grade or statutory maximum sentence of the new subsection is higher than the highest grade or statutory maximum sentence in the section, the highest assigned OGS in the section shall apply to the new subsection, unless the omnibus offense gravity score is higher.
(iii) When the grade or statutory maximum sentence of the new subsection is lower than the lowest grade or statutory maximum sentence in the section, the lowest assigned OGS in the section shall apply to the new subsection, unless the omnibus offense gravity score is lower.
(g) The Offense Gravity Score of 15 is assigned only for first and second degree murder.

204 Pa. Code § 303.3

The provisions of this §303.3 amended December 4, 1987, effective April 25, 1988, 18 Pa.B. 1916; amended February 15, 1994, effective August 12, 1994, 24 Pa.B. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa.B. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa.B. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa.B. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa.B. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa.B. 3655; amended June 27, 2014, effective September 26, 2014, 44 Pa.B. 4071. Immediately preceding text appears at serial pages (367919) to (367920) .

Amended by Pennsylvania Bulletin, Vol 45, No. 26. June 27, 2015, effective 6/27/2015
Amended by Pennsylvania Bulletin, Vol 47, No. 35. September 2, 2017, effective 9/2/2017
Amended by Pennsylvania Bulletin, Vol 49, No. 36. September 7, 2019, effective 9/7/2019
Amended by Pennsylvania Bulletin, Vol 50, No. 39. September 26, 2020, effective 9/26/2020

This section cited in 204 Pa. Code § 303.2 (relating to procedure for determining the guideline sentence) ; and 204 Pa. Code § 303.15 (relating to offense listing) .