204 Pa. Code § 303a.12
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 | |||
204 Pa. Code § 303a.12