§ 303.7. Prior Record Scoreguideline 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:
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.
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; amended September 25, 2020, effective January 1, 2021, 50 Pa.B. 5341. Immediately preceding text appears at serial pages (399067) to (399068).
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 Scorecategories); 204 Pa. Code § 303.6 (relating to Prior Record Scoreprior juvenile adjudications); 204 Pa. Code § 303.8 (relating to Prior Record Scoremiscellaneous); and 204 Pa. Code § 303.15 (relating to offense listing).
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