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204 Pa. Code § 303a.12. OGS enhancements table.

§ 303a.12. OGS enhancements table.



Pa.C.S. §   Description
OGS Subcategorization OGS
Adjustment
Guideline Section and Additional Details
General enhancements (§  303a.3(b)(5))
42-2154(b)(3) Deadly weapon enhancement §  303a.3(b)(5)(i)
Deadly weapon possessed +2
Deadly weapon used +3
42-2154(b)(3) School zone drug enhancement §  303a.3(b)(5)(ii)
Distribution in a school zone +1
42-9720.4 Sentencing for offenses committed in association with a criminal gang. §  303a.3(b)(5)(iii)
Murder-3rd degree x
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)
Murder-3rd degree x
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 victim. Payment of costs or fees for assessment and treatment of the minor.
Crimes code enhancements (§  303a.3(b)(6))
18-2502(c) Murder of the third degree §  303a.3(b)(6)(i)
Victim ‹13 years of age x
18-2505 Causing or aiding suicide §  303a.3(b)(6)(ii)
Victim ‹18/intellectual disability/ autism x
18-3011 Trafficking in individuals §  303a.3(b)(6)(iii)
Unless otherwise included in OGS description:
Sexual servitude +2
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)
Unless otherwise included in OGS description:
Sexual servitude +2
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
18-3133 Sexual extortion §  303a.3(b)(6)(iv)
Victim‹18/intellectual disability/actor holds position of trust x
Unless otherwise included in OGS description:
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)
Cause SBI to civilian or cause BI to firefighter, etc. x
Unless otherwise included in OGS description:
More than 3 people in building (F-1 offense) +2
More than three people in building (‹ F-1 offense) +3
Greater than $1 million in damage (F-1 offense) +2
Greater than $1 million in damage (‹ F-1 offense) +3
Incendiary device (F-1 offense) +2
Incendiary device (‹ F-1 offense) +3
18-3301(a.1) Aggravated arson (provided in 42-9720.6. Sentencing for arson offenses) §  303a.3(b)(6)(v)
Cause SBI to civilian or cause BI to firefighter, etc. x
Unless otherwise included in OGS description:
More than 3 people in building (F-1 offense) +2
More than 3 people in building (‹ F-1 offense) +3
Greater than $1 million in damage (F-1 offense) +2
Greater than $1 million in damage (‹ F-1 offense) +3
Incendiary device (F-1 offense) +2
Incendiary device (‹ F-1 offense) +3
18-3502 Burglary (as provided in part in 42-9720.7) §  303a.3(b)(6)(vi)
Occupied structure, person present, bodily injury crime x
Unless otherwise included in OGS description:
18-3502(d.1) Domestic animal harmed or killed +1
18-3503 Criminal trespass §  303a.3(b)(6)(vii)
Unless otherwise included in OGS description:
18-3503(c.2) Domestic animal harmed or killed +1
18-3702 Robbery of motor vehicle §  303a.3(b)(6)(viii)
Steals or takes motor vehicle in presence of person x
18-6105 Person not to possess firearms §  303a.3(b)(6)(ix)
Previous conviction x
Possession/control of firearm or within reach x
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)
Age of victim or prepubescent x
Indecent contact depicted x
Unless otherwise included in OGS description:
Nature and character of abuse depicted +1
Child known to defendant +1
Number of images (video clip = 50 images):
 More than 50 to 200 images +1
 More than 200 to 500 images +2
 More than 500 images +3
Vehicle code enhancements (§  303a.3(b)(7))
75-3732 Homicide by vehicle §  303a.3(b)(7)(i)
Category A: DUI (75-3802); texting (75-3316) x
Category B: active work zone (75-3326), emergency vehicle (75-3325), emergency response area (75-3327) x
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)
Category A: DUI (75-3802); texting (75-3316) x
Category B: active work zone (75-3326), emergency vehicle (75-3325), emergency response area (75-3327) x
Category C: required to be licensed (75-1501); operating privilege suspended/revoked (75-1543) x
75-3742 Accidents involving death or personal injury §  303a.3(b)(7)(iii)
Victim dies as a result of the violation x
75-3802 Driving under the influence of alcohol or controlled substance §  303a.3(b)(7)(iv)
Four or more prior convictions under (a)(1), (c), or (d) x

Cross References

   This section cited in 204 Pa. Code §  303a.3 (relating to offense gravity score); 204 Pa. Code §  303a.9 (relating to offense listing (OGS/POG assignments)); and 204 Pa. Code §  303a.10 (relating to BUI/DUI offense listing (OGS/POG assignments)).



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