§ 303.3. Offense Gravity Score—general.

 (a)  An Offense Gravity Score is given for each offense. The Offense Gravity Scores are located in §  303.15.

 (b)  Subcategorized offenses. Certain offenses are subcategorized and scored by the Commission according to the particular circumstances of the offense. 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 Score is applied in the following circumstances:

   (1)  when the offense is not otherwise listed in §  303.15, or

   (2)  when the grade or statutory maximum sentence of an offense listed in §  303.15 has changed, unless application of this section would result in a lower Offense Gravity Score for an increased grading or statutory maximum sentence of the offense.

 Where the definition of an offense listed in §  303.15 is changed, but the grade or statutory maximum sentence is not changed, the previously assigned offense gravity score shall apply.

 The Omnibus Offense Gravity Scores are provided below and in the listing at §  303.15:

Felony 18
Felony 27
Felony 35
Felonies not subclassified by the General Assembly5
Misdemeanor 13
Misdemeanor 22
Misdemeanor 31
Misdemeanors not subclassified by the General Assembly1

 (g)  The Offense Gravity Score of 15 is assigned only for first and second degree murder when committed by offenders under age 18.

Source

   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).

Cross References

   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).



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