§ 303.7. Prior Record Score—guideline points scoring.

 (a)  Scoring of prior convictions and adjudications is provided below and in the listing of offenses at §  303.15:

   (1)  Four Point Offenses. Four points are added for each prior conviction or adjudication for the following offenses:

 Murder, and attempt, solicitation or conspiracy to commit Murder

 All other completed crimes of violence, as defined in 42 Pa.C.S. §  9714(g), excluding inchoates.

 Murder of Unborn Child, and attempt, solicitation or conspiracy to commit Murder of Unborn Child

 Offenses with OGS 11 or greater, excluding inchoates and Violations of the Controlled Substance Act

 Ethnic Intimidation to any Felony 1 offense

   (2)  Three Point Offenses. Three points are added for each prior conviction or adjudication for the following offenses:

 All other Felony 1 offenses not listed in §  303.7(a)(1).

 All other inchoates to offenses listed in §  303.7(a)(1).

 Violation of 35 P. S. § §  780-113(a)(12)(14) or (30) involving 50 grams or more, including inchoates involving 50 grams or more.

   (3)  Two Point Offenses. Two points are added for each prior conviction or adjudication for the following offenses:

 All other Felony 2 offenses not listed in §  303.7(a)(1) or (a)(2).

 All felony drug violations not listed in §  303.7(a)(2), including inchoates.

   (4)  One Point Offenses. One point is added for each prior conviction or adjudication for the following offenses:

 All other felony offenses not listed in §  303.7(a)(1), (a)(2) or (a)(3).

 Any of the following Misdemeanor 1 offenses that involve weapons:

 Possessing Instruments of Crime (possession of a weapon)

 Prohibited Offensive Weapons

 Use or Possession of Electric or Electronic Incapacitation Device

 Possession of Weapon on School Property

 Possession of Firearm or Other Dangerous Weapon in Court Facility

 Violations of the Pennsylvania Uniform Firearms Act

 Any of the following Misdemeanor 1 offenses that involve death or danger to children:

 Involuntary Manslaughter

 Simple Assault (against child under 12 years of age by adult 21 years of age or older)

 Luring a Child into a Vehicle

 Indecent Assault (complainant is less than 13 years of age)

 Indecent Exposure (persons present are less than age 16)

 Endangering Welfare of Children

 Dealing in Infant Children

 Corruption of Minors (of a sexual nature)

 Unlawful contact or communication with minor

 Driving Under the Influence of Alcohol or Controlled Substance, except for a first lifetime conviction or adjudication.

 Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, except for a first lifetime conviction or adjudication.

   (5)  Other Misdemeanor Offenses. All other misdemeanor offenses, including a first lifetime conviction for Driving Under the Influence of Alcohol or a Controlled Substance or Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, are designated by an ‘‘m’’ in the offense listing at §  303.15, and are scored as follows:

     (i)   One point is added if the offender was previously convicted of two or three misdemeanors.

     (ii)   Two points are added if the offender was previously convicted of four to six misdemeanors.

     (iii)   Three points are added if the offender was previously convicted of seven or more misdemeanors.

   The provisions of this §  303.7 amended July 5, 1986, and applies to sentences for crimes committed after January 1, 1986, 15 Pa.B. 2447; as announced at 16 Pa.B. 439 (February 15, 1986). Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; 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 (311968) to (311970).

   This section cited in 204 Pa. Code §  303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Code §  303.4 (relating to prior record score—categories); 204 Pa. Code §  303.6 (relating to prior record score—prior juvenile adjudications); and 204 Pa. Code §  303.8 (relating to prior record score—miscellaneous).