§ 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.

 (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. The exception to subsection (e) above is for violations of 35 P. S. §  780-113 (a)(12), (a)(14), and (a)(30) when narcotic prescription pills of Schedule II are involved. For such violations it is the number of pills rather than the amount of the controlled substance which is considered in determining the Offense Gravity Score. (See §  303.15.)

 (f)  Omnibus Offense Gravity Scores. The Omnibus Offense Gravity Score is applied when the offense is not otherwise listed in §  303.15, or when the grade 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 of the offense. The Omnibus Offense Gravity Scores are provided below and in the listing at §  303.15:

   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 September 6, 2008, 38 Pa.B. 4971. Immediately preceding text appears at serial pages (329384) and (311965) to (311966).

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