§ 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 18 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

       Recruiting Criminal Gang Members

     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.

Source

   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 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 (367923) to (367924).

Cross References

   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); 204 Pa. Code §  303.8 (relating to Prior Record Score—miscellaneous); and 204 Pa. Code §  303.15 (relating to offense listing).



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