Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part VIII - CRIMINAL SENTENCING
Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION
Section 303a.12 - OGS enhancements table
|
Pa.C.S. § |
Description |
OGS Subcategorization |
OGS Adjustment |
Guideline Section and Additional Details |
|
General enhancements (§ 303a.3(b)(6)) |
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42-2154(b)(3) |
Deadly weapon enhancement |
§ 303a.3(b)(5)(i) |
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|
Deadly weapon possessed |
+2 | |||
|
Deadly weapon used |
+3 | |||
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42-2154(b)(3) |
School zone drug enhancement |
§ 303a.3(b)(5)(ii) |
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|
Distribution in a school zone |
+1 | |||
|
42-9720.4 |
Sentencing for offenses committed in association with a criminal gang. |
§ 303a.3(b)(5)(iii) |
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Murder-3rd degree |
x | |||
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Crimes of violence (42-9714(g)) or a violation of section (a)(30) of the Drug Act (35-780-113) if knowingly committed at the direction of or for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. |
+2 | |||
|
42-9720.8 |
Sentencing for offenses involving domestic violence. |
§ 303a.3(b)(5)(iv) |
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Murder-3rd degree |
x | |||
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Offense under Title 18, Chapters 25, 27, 29, 30, 31 or 49 against a family or household member (23-6102). |
+2 | |||
|
Defendant knew crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the to victim. |
Payment of costs or fees for assessment and treatment of the minor. |
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Crimes code enhancements (§ 303a.3(b)(6)) |
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18-2502(c) |
Murder of the third degree |
§ 303a.3(b)(6)(i) |
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Victim <13 years of age |
x | |||
|
18-2505 |
Causing or aiding suicide |
§ 303a.3(b)(6)(ii) |
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Victim <18/intellectual disability/ autism |
x | |||
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18-3011 |
Trafficking in individuals |
§ 303a.3(b)(6)(iii) |
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Unless otherwise included in OGS description: |
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Sexual servitude |
+2 | |||
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Kidnapping, rape, or IDSI in course of offense (maximum = Life) (42-9720.2) |
OGS 27 | |||
|
Age of victim-13 to less than 18 years of age |
+2 | |||
|
Age of victim-less than 13 years of age |
+4 | |||
|
18-3012 |
Involuntary servitude |
§ 303a.3(b)(6)(iii) |
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|
Unless otherwise included in OGS description: |
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|
Sexual servitude |
+2 | |||
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Kidnapping, rape, or IDSI in course of offense (maximum = Life) (42-9720.2) |
OGS 27 | |||
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Age of victim-13 to less than 18 years of age |
+2 | |||
|
Age of victim-less than 13 years of age |
+4 | |||
|
18-3133 |
Sexual extortion |
§ 303a.3(b)(6)(iv) |
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Victim<18/intellectual disability/actor holds position of trust |
x | |||
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Unless otherwise included in OGS description: |
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Victim attempts suicide resulting in SBI/death |
+1 | |||
|
18-3301(a) |
Arson endangering persons (provided in 42-9720.6. Sentencing for arson offenses) |
§ 303a.3(b)(6)(v) |
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Cause SBI to civilian or cause BI to firefighter, etc. |
x | |||
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Unless otherwise included in OGS description: |
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More than 3 people in building (F-1 offense) |
+2 | |||
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More than three people in building (< F-1 offense) |
+3 | |||
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Greater than $1 million in damage (F-1 offense) |
+2 | |||
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Greater than $1 million in damage (< F-1 offense) |
+3 | |||
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Incendiary device (F-1 offense) |
+2 | |||
|
Incendiary device (< F-1 offense) |
+3 | |||
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18-3301(a.1) |
Aggravated arson (provided in 42-9720.6. Sentencing for arson offenses) |
§ 303a.3(b)(6)(v) |
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Cause SBI to civilian or cause BI to firefighter, etc. |
x | |||
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Unless otherwise included in OGS description: |
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More than 3 people in building (F-1 offense) |
+2 | |||
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More than 3 people in building (< F-1 offense) |
+3 | |||
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Greater than $1 million in damage (F-1 offense) |
+2 | |||
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Greater than $1 million in damage (< F-1 offense) |
+3 | |||
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Incendiary device (F-1 offense) |
+2 | |||
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Incendiary device (< F-1 offense) |
+3 | |||
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18-3502 |
Burglary (as provided in part in 42-9720.7) |
§ 303a.3(b)(6)(vi) |
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Occupied structure, person present, bodily injury crime |
x | |||
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Unless otherwise included in OGS description: |
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|
18-3502(d.1) |
Domestic animal harmed or killed |
+1 | ||
|
18-3503 |
Criminal trespass |
§ 303a.3(b)(6)(vii) |
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Unless otherwise included in OGS description: |
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18-3503(c.2) |
Domestic animal harmed or killed |
+1 | ||
|
18-3702 |
Robbery of motor vehicle |
§ 303a.3(b)(6)(viii) |
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Steals or takes motor vehicle in presence of person |
x | |||
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18-6105 |
Person not to possess firearms |
§ 303a.3(b)(6)(ix) |
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Previous conviction |
x | |||
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Possession/control of firearm or within reach |
x | |||
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18-6312 |
Sexual abuse of children (as provided in 42-9720.5. Sentencing for offenses involving sexual abuse of children) |
§ 303a.3(b)(6)(x) |
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Age of victim or prepubescent |
x | |||
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Indecent contact depicted |
x | |||
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Unless otherwise included in OGS description: |
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Nature and character of abuse depicted |
+1 | |||
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Child known to defendant |
+1 | |||
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Number of images (video clip = 50 images): | ||||
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More than 50 to 200 images |
+1 | |||
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More than 200 to 500 images |
+2 | |||
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More than 500 images |
+3 | |||
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Vehicle code enhancements (§ 303a.3(b)(7)) |
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|
75-3732 |
Homicide by vehicle |
§ 303a.3(b)(7)(i) |
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Category A: DUI (75-3802); texting (75-3316) |
x | |||
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Category B: active work zone (75-3326), emergency vehicle (75-3325), emergency response area (75-3327) |
x | |||
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Category C: required to be licensed (75-1501); operating privilege suspended/revoked (75-1543) |
x | |||
|
75-3732.1 |
Aggravated assault by vehicle |
§ 303a.3(b)(7)(ii) |
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Category A: DUI (75-3802); texting (75-3316) |
x | |||
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Category B: active work zone (75-3326), emergency vehicle (75-3325), emergency response area (75-3327) |
x | |||
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Category C: required to be licensed (75-1501); operating privilege suspended/revoked (75-1543) |
x | |||
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75-3742 |
Accidents involving death or personal injury |
§ 303a.3(b)(7)(iii) |
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Victim dies as a result of the violation |
x | |||
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75-3802 |
Driving under the influence of alcohol or controlled substance |
§ 303a.3(b)(7)(iv) |
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Four or more prior convictions under (a)(1), (c), or (d) |
x | |||
