Section 303.10 - Guideline sentence recommendations: Enhancements(a) Deadly Weapon Enhancement.(1) When the court determines that the offender possessed a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Possessed Matrix (§ 303.17). An offender has possessed a deadly weapon if any of the following were on the offender's person or within his immediate physical control:(i) Any firearm, (as defined in 42 Pa.C.S. § 9712) whether loaded or unloaded, or(ii) Any dangerous weapon (as defined in 18 Pa.C.S. § 913), or(iii) Any device, implement, or instrumentality designed as a weapon or capable of producing death or serious bodily injury where the court determines that the defendant intended to use the weapon to threaten or injure another individual.(2) When the court determines that the offender used a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Used Matrix (§ 303.18). An offender has used a deadly weapon if any of the following were employed by the offender in a way that threatened or injured another individual: (i) Any firearm, (as defined in 42 Pa.C.S. § 9712) whether loaded or unloaded, or(ii) Any dangerous weapon (as defined in 18 Pa.C.S. § 913), or(iii) Any device, implement, or instrumentality capable of producing death or serious bodily injury.(3) There shall be no Deadly Weapon Enhancement for the following offenses: (i) Possessing Instruments of Crime(ii) Prohibited Offensive Weapons(iii) Possession of Weapon on School Property(iv) Possession of Firearm or Other Dangerous Weapon in Court Facility(v) Simple Assault (18 Pa.C.S. § 2701(a)(2))(vi) Aggravated Assault (18 Pa.C.S. § 2702(a)(4))(vii) Theft when property stolen is a firearm (18 Pa.C.S. Chapter 39)(viii) Violations of the Pennsylvania Uniform Firearms Act(ix) Any other offense for which possession of a deadly weapon is an element of the statutory definition.(4) The Deadly Weapon Enhancement shall apply to each conviction offense for which a deadly weapon is possessed or used.(b) Youth/School Enhancement(1) When the court determines that the offender either distributed a controlled substance to a person or persons under the age of 18 in violation of 35 P.S. § 780-114, or manufactured, delivered or possessed with intent to deliver a controlled substance within 1000 feet of the real property on which is located a public or private elementary or secondary school, the court shall consider the range of sentences described in § 303.9(c).(2) The Youth/School Enhancement only applies to violations of 35 P.S. § 780-113(a)(14) and (a)(30).(3) The Youth/School Enhancement shall apply to each violation which meets the criteria above.Amended 2/9/2005, applicable to offenses committed on or after 6/3/2005, 35 Pa.B. 1508. Readopted 9/6/2008, applicable to offenses committed on or after 12/5/2008, 38 Pa.B. 4971.