CHAPTER 303a. SENTENCING GUIDELINES, 8TH EDITION Sec.
303a.1. Preliminary provisions.
303a.2. Guideline sentencing standards.
303a.3. Offense gravity score.
303a.4. Prior record score.
303a.5. Offense-specific sentence recommendations.
303a.6. Aggravated and mitigated circumstances.
303a.7. Judicial proceeding considerations.
303a.8. Effective dates of sentencing guidelines editions.
303a.9. Offense listing (OGS/POG assignments).
303a.10. BUI/DUI offense listing (OGS/POG assignments).
303a.11. Omnibus OGS tables.
303a.12. OGS enhancements table.
303a.13. POG/PRS tables.
303a.14. Sentencing matrix.Source The provisions of this Chapter 303a added August 25, 2023, effective January 1, 2024, 53 Pa.B. 5361, unless otherwise noted.
Cross References This chapter cited in 204 Pa. Code § 307a.1 (relating to preliminary provisions); 204 Pa. Code § 307a.3 (relating to procedure for determining the resentencing guidelines); 204 Pa. Code § 307a.4 (relating to resentencing guidelines recommendations); and 204 Pa. Code § 311.1 (relating to preliminary provisions).
§ 303a.1. Preliminary provisions.
(a) Authorization for adoption of guidelines.
(1) Adoption of guidelines for sentencing and probation. As authorized by 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), the Commission shall adopt guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate sentence for persons who plead guilty or nolo contendere to, or who were found guilty of, felonies and misdemeanors.
(i) In adopting guidelines, the Commission shall recommend confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and the community and the rehabilitative needs of the person.
(ii) The guidelines shall address the following retributive factors:
(A) Seriousness of the offense, by specifying the range of sentences applicable to crimes of a given degree of gravity.
(B) Criminal history, by specifying a range of sentences of increased severity or intensity of intervention for persons previously convicted of or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. The Commission may exclude or reduce the valuation of less serious offenses and increase the valuation of offenses committed while under supervision or in a temporal or offense pattern.
(C) Criminal behavior, by specifying a range of sentences of increased severity or intensity of possessed intervention for persons with increased culpability, including those who posessed or used a deadly weapon or inflicted substantial harm during the commission of the current conviction offense.
(D) Aggravated and mitigated ranges, by specifying variations from the range of sentences applicable on account of aggravating or mitigating circumstances.
(E) The impact of any amendments to 42 Pa.C.S. § 9756 (relating to sentence of total confinement).
(iii) The guidelines shall include the following risk-related adjustments:
(A) Incapacitation of serious violent persons.
(B) Modifications to criminal history to reflect risk to reoffend and substantial risk to public safety to adjust the length of total confinement for more serious criminal history.
(iv) The guidelines shall address the use of county intermediate punishment programs as restrictive conditions of probation and the duration of terms of probation.
(v) The guidelines shall include interactive information to support decisions with risk and recidivism information.
(2) Adoption of guidelines for restrictive conditions and certification of compliance. As authorized by 42 Pa.C.S. § 2154.1 (relating to adoption of guidelines for restrictive conditions), the Commission shall adopt guidelines to identify persons who would be eligible and appropriate for restrictive conditions of probation. These guidelines shall be considered by the sentencing court in determining whether to impose restrictive conditions pursuant to 42 Pa.C.S. § 9763 (relating to conditions of probation).
(i) The guidelines shall give primary consideration to reducing recidivism for the protection of the public safety.
(ii) The Commission shall certify compliance by each county with guidelines adopted by the Commission for county intermediate punishment or for imposing restrictive conditions of probation, and with related statutory requirements and 42 Pa.C.S. § 9728(g.1) (relating to collection of restitution, reparation, fees, costs, fines and penalties), and report the results to the Pennsylvania Commission on Crime and Delinquency.
(3) Adoption of guidelines for fines, other economic sanctions, and community service. As authorized by 42 Pa.C.S. § 2154.3 (relating to adoption of guidelines for fines), the Commission shall adopt guidelines for fines or other lawful economic sanctions, within the limits established by law, which shall be considered by the sentencing court in determining the appropriate sentence for persons who plead guilty or nolo contendere to or who are found guilty of felonies and misdemeanors. The guidelines shall do all of the following:
(i) Specify the range of fines or other lawful economic sanctions, applicable to crimes of a given degree of gravity.
(ii) Specify a range of fines or other lawful economic sanctions of increased amount for persons previously convicted or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. For purposes of this paragraph, the term ‘‘previously convicted or adjudicated delinquent’’ shall include any finding of guilt or adjudication of delinquency whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense.
(iii) Prescribe variations from the range of fines applicable on account of aggravating or mitigating circumstances.
(iv) Prescribe community service alternatives which may be imposed in lieu of all or part of the fines where the sentencing court finds the person lacks the ability to pay all or part of the fine.
(b) Authorized dispositions.
(1) The guidelines include recommendations regarding the type of disposition, referred to as sentencing alternatives; the duration of confinement and/or community supervision; the intensity of conditions; and the requirements associated with restitution and other economic sanctions.
(2) Sentencing alternatives. As provided in 42 Pa.C.S. Chapter 97 (relating to sentencing), courts shall consider and select one or more of the alternatives authorized by 42 Pa.C.S. § 9721 (relating to sentencing generally) when determining the sentence to impose. For purposes of the guidelines, the Commission has grouped these alternatives into four categories based on the increasing severity of the sanction to promote proportionality in sentencing.
(i) Restorative sanctions, including non-confinement and limited supervision alternatives such as:
(A) Determination of guilt without further penalty, pursuant to 42 Pa.C.S. § 9753 (relating to determination of guilt without further penalty).
(B) Fine, as provided in 42 Pa.C.S. § § 9726 and 9758 (relating to fine), subject to consideration of the defendant’s ability to pay, including but not limited to:
(I) 18 Pa.C.S. § 1101 (relating to fines).
(II) Section 13(b)—(o) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(b)—(o)) regarding prohibited acts, penalties.
(III) 42 Pa.C.S. § 9726.
(IV) 75 Pa.C.S. § 3804 (relating to penalties).
(C) Restitution, as provided in 42 Pa.C.S. § § 9721(c) and 9763(b)(10), including but not limited to:
(I) 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property).
(II) 18 Pa.C.S. § 1107 (relating to restitution for theft of timber).
(III) 18 Pa.C.S. § 1107.1 (relating to restitution for identity theft).
(IV) 18 Pa.C.S. § 1110 (relating to restitution for cleanup of clandestine laboratories).
(V) Section 1302 of the Crime Victims Act (18 P.S. § 11.1302) regarding restitution.
(D) Administrative probation.
(ii) General probation. Order of probation, pursuant to 42 Pa.C.S. § 9754 (relating to order of probation), as provided in 42 Pa.C.S. § 9763(b).
(iii) Probation with restrictive conditions. Order of probation, pursuant to 42 Pa.C.S. § 9754, as provided in:
(A) 42 Pa.C.S. § 9763(c) regarding restrictive DUI probation conditions; and
(B) 42 Pa.C.S. § 9763(d) regarding restrictive conditions of probation.
(iv) Confinement
(A) Partial or total confinement in a county facility, pursuant to 42 Pa.C.S. § 9755 (relating to sentence of partial confinement) and § 9756, as provided in:
(I) 42 Pa.C.S. § 9762(b)(2) and (3) (relating to sentencing proceeding; place of confinement); and
(II) 75 Pa.C.S. § 3804(d) regarding extended supervision of court.
(B) Total confinement in a State facility, pursuant to 42 Pa.C.S. § 9756, as provided in 42 Pa.C.S. § 9762(b)(1) and (2).
(c) Authorized programs.
(1) The guidelines include recommendations and requirements for sentencing and reentry programs for consideration by the court, as well as correctional programs operated by the Department for which the court determines eligibility and appropriateness.
(2) Sentencing and reentry programs. The following sentencing and reentry programs are authorized by statute for consideration by the courts:
(i) County intermediate punishment programs as restrictive conditions of probation, as provided in 42 Pa.C.S. § 9804 (relating to county intermediate punishment programs).
(A) Purpose. County intermediate punishment programs are developed, implemented and operated for the following purposes: to protect society and promote efficiency and economy in the delivery of correctional services; to promote accountability of persons to their local community; to fill gaps in local correctional systems and address local needs through expansion of punishment and services available to the court; and to provide opportunities for persons who demonstrate special needs to receive services which enhance their ability to become contributing members of the community.
(B) Eligibility. The following regulations and statutes govern operation of and eligibility for county intermediate punishment programs as restrictive conditions of probation:
(I) 37 Pa. Code § § 451.111—451.124 (relating to intermediate punishment program minimum standards).
(II) 42 Pa.C.S. § § 2154, 2154.1, 9754, 9763, 9773, and Chapter 98.
(III) Sentence recommendations which include an option of county intermediate punishment programs as restrictive conditions of probation for certain persons are described in § § 303a.3(c) and 303a.5(c) (relating to offense gravity score; and offense-specific sentence recommendations).
(C) Plan. The county intermediate punishment plan, as described in 42 Pa.C.S. Chapter 98 (relating to county intermediate punishment), provides a mechanism to advise the court of the extent and availability of services and programs authorized in the county. This plan includes information on the appropriate classification and use of county programs based on program-specific requirements.
(D) Restrictive conditions of probation. Restrictive conditions of probation, as provided in 42 Pa.C.S. § 9763(d), are defined as programs that provide for strict supervision of the person. The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of persons. All programs must meet the statutory requirements of 42 Pa.C.S. § 9763, satisfy the minimum standards of the Pennsylvania Commission on Crime and Delinquency regulations at 37 Pa. Code Chapter 451 (relating to intermediate punishment programs), and comply with the guidelines adopted pursuant to 42 Pa.C.S. § 2151.1 (relating to adoption of guidelines for restrictive conditions).
(I) Restrictive conditions of probation. House the person full time or part time or significantly restrict the person’s movement and monitor the person’s compliance with the program, including electronic monitoring or home confinement.
(II) A person under consideration for restrictive conditions of probation at Level C shall have a diagnostic assessment of dependency on alcohol or other drugs conducted by one of the following: the Pennsylvania Department of Drug and Alcohol Programs or a designee; the county authority on drugs and alcohol or a designee; or clinical personnel of a facility licensed by the Pennsylvania Department of Drug and Alcohol Programs.
(III) A person assessed to be dependent on alcohol or other drugs shall be evaluated for purposes of a treatment recommendation by one of the above listed assessors. The evaluation shall consider the level of motivation of the person. If sentenced to a restrictive condition of probation, the sentence shall be consistent with the level of care and length of stay prescribed in the treatment recommendation, regardless of the standard range sentencing recommendation.
(IV) A person assessed as not in need of drug or alcohol treatment may be placed in any approved restrictive condition of probation. Each day of participation in a restrictive condition of probation shall be considered the equivalent of one day of confinement for offense-specific sentence recommendations.
(E) Restrictive DUI probation conditions. Restrictive DUI probation conditions, as provided in 42 Pa.C.S. § 9763(c), are specified programs that may be used to satisfy the mandatory minimum sentencing requirements of certain convictions under 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled substance) (Repealed) or § 3804 for a first, second or third offense under 75 Pa.C.S. Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs). The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of persons. All programs must meet the statutory requirements of 42 Pa.C.S. § 9763, satisfy the minimum standards of the Pennsylvania Commission on Crime and Delinquency regulations at 37 Pa. Code Chapter 451, and comply with the guidelines adopted pursuant to 42 Pa.C.S. § 2151.1. Unless otherwise provided in statute, restrictive DUI probation conditions include:
(I) If the person is determined to be in need of drug and alcohol treatment, and receives a penalty imposed under 75 Pa.C.S. § 1543(b), former 75 Pa.C.S. § 3731, 75 Pa.C.S. § 3804 or a first, second or third offense under 75 Pa.C.S. Chapter 38, a sentence with restrictive DUI probation conditions shall include participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c), and shall have restrictive DUI probation conditions of: a residential inpatient program or residential rehabilitative center; house arrest with electronic surveillance; a partial confinement program such as work release, a work camp or a halfway facility; or any combination of these programs.
(II) If the person is determined not to be in need of drug and alcohol treatment, the person shall have restrictive DUI probation conditions of: house arrest with electronic surveillance; or partial confinement programs such as work release, a work camp or a halfway facility; or any combination of these programs.
(ii) County reentry plan, as provided in 42 Pa.C.S. § 9756(b)(3).
(A) A release plan that may include drug and alcohol treatment, behavioral health treatment, job training, skills training, education, life skills or any other condition deemed relevant by the court.
(B) A county reentry plan is not authorized where the maximum sentence imposed is two years or more, or where a mandatory minimum sentence of imprisonment or total confinement is required by law.
(C) At the time of sentencing, the court shall state whether or not the person is eligible to participate in a county reentry plan at any time prior to the expiration of the minimum sentence or at the expiration of a specified portion of the minimum sentence.
(D) The county reentry plan eligibility shall be considered a part of the sentence and subject to the requirements related to the entry, recording and reporting of sentences.
(iii) Partial release from a county facility (work release), as provided in 42 Pa.C.S. § 9755(c).
(A) An order, imposed with a partial confinement sentence, granting a person the privilege of leaving the county correctional facility during necessary and reasonable hours, for employment, education, medical treatment, or any other purpose approved by the court.
(B) At the time of sentencing, the court shall state whether partial release is authorized, and any conditions ordered, with a partial confinement sentence.
(C) Correctional authorities shall determine when and under what conditions consistent with the order issued the person shall be permitted to be absent from the correctional institution.
(iv) Mandatory period of probation for certain sexual offenders, as provided in 42 Pa.C.S. § 9718.5 (relating to mandatory period of probation for certain sexual offenders).
(A) Requirement that applies to persons convicted of an offense under 42 Pa.C.S. § 9799.14(d) (relating to sexual offenses and tier system).
(B) At the time of sentencing, a mandatory period of probation of three years shall be imposed consecutive to and in addition to any other lawful sentence issued by the court.
(C) The court may impose the term of probation required in addition to the maximum sentence permitted for the offense for which the person was convicted.
(v) State reentry supervision, as provided in 61 Pa.C.S. § 6137.2 (relating to reentry supervision).
(A) Requirement that applies to persons committed to the Department with an aggregate minimum sentence of total confinement of four years or more.
(B) At the time of sentencing, a period of reentry supervision of 12 months shall be imposed consecutive to and in addition to any other lawful sentence issued by the court.
(C) The court may impose the period of reentry supervision required in addition to the maximum sentence permitted for the offense for which the person was convicted.
(D) Persons who have been granted any period of parole during the same period of incarceration shall be deemed to have served the reentry supervision requirement.
(3) Correctional programs. The following correctional programs are authorized by statute and operated by the Department for which the court determines eligibility and appropriateness:
(i) State motivational boot camp program, as provided in 61 Pa.C.S. Chapter 39 (relating to motivational boot camp).
(A) A program for eligible persons committed to the Department in which the person participates for a period of six months in a humane program which provides rigorous physical activity, intensive regimentation and discipline, work on public projects, substance abuse treatment services licensed by the Department of Health, continuing education, vocational training, prerelease counseling, and community corrections aftercare.
(B) Eligibility. The following statute governs operation of and eligibility for the state motivational boot camp: eligible persons, as provided in 61 Pa.C.S. § 3903 (relating to definitions).
(C) Boot camp is recommended for eligible persons less than 40 years of age committed to the Department with a minimum term not more than two years and a maximum term of five years or less; or a minimum term not more than three years and within two years of completing the minimum term. The court may exercise discretion to exclude the person from eligibility. If eligible, the person must give consent to enter the program.
(D) The court shall indicate on the person’s commitment order and the guideline sentence form if the person is excluded from eligibility for the boot camp program. The Department makes the final determination as to whether the person will be accepted into the boot camp program.
(E) Upon successful completion of the program, the person shall be immediately released on parole, subject to intensive supervision. Expulsion from the program results in the person’s continued service of the original sentence imposed, with consideration of parole upon completion of the minimum term.
(ii) State drug treatment program, as provided in 61 Pa.C.S. Chapter 41 (relating to state drug treatment program).
(A) A 24-month program for drug-related persons committed to the Department designed to address the individually assessed drug and alcohol abuse and addiction needs of a participant and to address other issues essential to the participant’s successful reintegration into the community, including, but not limited to, educational and employment issues.
(B) Eligibility. The following statute governs operation of and eligibility for the State drug treatment program: eligible person, as provided in 61 Pa.C.S. § 4103 (relating to definitions).
(C) State drug treatment program is recommended for eligible persons convicted of drug-related offenses committed to the Department with a minimum term not more than two years and a maximum term of five years or less; or a minimum term not more than five years and within two years of completing the minimum term. The court and the prosecutor may exercise discretion to exclude the person from eligibility. If eligible, the person must give consent to enter the program, and the DOC assessment must conclude that the person is in need of drug and alcohol addiction treatment.
(D) The court shall indicate on the person’s commitment order and the guideline sentence form if the person is excluded from eligibility for the State drug treatment program. The Department makes the final determination as to whether the person will be accepted into the State drug treatment program.
(E) Upon successful completion of the program, the entire term of confinement that rendered the person eligible to participate in the State drug treatment program shall be deemed to have been served. Expulsion from the program results in the person’s continued service of the original sentence imposed, with consideration of parole upon completion of the minimum term.
(F) The court may impose a consecutive period of probation. The total duration of a sentence of State confinement and consecutive probation may not exceed the maximum term for which the eligible person could otherwise be sentenced.
(iii) Recidivism risk reduction incentive (RRRI) program, as provided in 61 Pa.C.S. Chapter 45 (relating to recidivism risk reduction incentive).
(A) A program to encourage eligible non-violent persons committed to the Department to participate in and successfully complete evidence-based programs that reduce the likelihood of recidivism and improve public safety.
(B) Eligibility. The following statute governs operation of and eligibility for the recidivism risk reduction incentive program: eligible person, as provided in 61 Pa.C.S. § 4503 (relating to definitions).
(C) Recidivism risk reduction incentive program is an individualized plan that contains approved treatment and other approved programs designed to reduce recidivism risk of a specific person. If the court determines the person committed to the Department is statutorily eligible, the court shall provide notice of eligibility to the person, and the court shall direct the Department to calculate the RRRI minimum sentence.
(D) The court shall indicate on the person’s commitment order and the guideline sentence form if the person is eligible and direct the Department to calculate the RRRI minimum sentence. The RRRI minimum sentence is three-fourths of the minimum sentence when the minimum sentence is three years or less. The RRRI minimum sentence is five-sixths of the minimum sentence when the minimum sentence is greater than three years.
(E) Upon certification by the Department that the person has completed all requirements of the program and remains an eligible person, the Board may grant parole upon the expiration of the RRRI minimum sentence.
(iv) Short sentence parole (SSP) program, as provided in 61 Pa.C.S. § 6137.1 (relating to short sentence parole).
(A) A program for eligible non-violent persons committed to the Department with an aggregate minimum sentence of confinement of two years or less for which parole at minimum without an interview is authorized.
(B) Eligibility. The following statute governs operation of and eligibility for SSP: 61 Pa.C.S. § 6137.1(a).
(C) SSP requires the Board to approve for parole an eligible person at the expiration of the minimum date or RRRI minimum date, whichever is shorter, without requiring an interview.
(D) A person shall not be eligible for SSP if found guilty of a major disciplinary infraction while confined in a county or state correctional institution or has pending felony charges.
(d) Definitions. For the purposes of these guidelines, as codified in this chapter, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:
‘‘Adjudication.’’ A finding by a Juvenile Court that a juvenile has committed a delinquent act or that a child has committed an offense excluded from the definition of ‘‘delinquent act’’ and has been transferred from criminal proceedings pursuant to 42 Pa.C.S. § 6322 (relating to transfer from criminal proceedings).
‘‘Adjudication of delinquency.’’ Following an adjudication hearing in which a Juvenile Court finds the juvenile committed a delinquent act, a determination by a Juvenile Court that the juvenile is in need of treatment, supervision or rehabilitation.
‘‘Administrative probation.’’ An order of probation with supervision limited to only that necessary to monitor compliance and promote successful collection of restitution and/or fines and/or the completion of community service, for a period not to exceed six months.
‘‘Aggregate confinement sentence.’’ As required by 42 Pa.C.S. § 9762(f), two or more consecutive sentences that have been combined, whereby the aggregate minimum term is the sum of the consecutive minimum terms, and the aggregate maximum term is the sum of the consecutive maximum terms.
‘‘Aggregate term of probation.’’ The sum of all consecutive terms of probation imposed during a judicial proceeding.
‘‘Autism spectrum disorder.’’ Any of the pervasive developmental disorders defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), including autistic disorder, Asperger’s disorder and pervasive developmental disorder not otherwise specified.
‘‘BUI—boating under the influence.’’ An adjudication or conviction for violation of 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance).
‘‘Board.’’ Pennsylvania Parole Board. An independent executive branch agency comprised of nine members appointed by the Governor and confirmed by the Senate for six-year terms. The Board has the responsibility to parole, recommit for violations of parole, and to discharge from parole persons sentenced to confinement in a State facility.
‘‘Bodily injury.’’ Impairment of physical condition or substantial pain.
‘‘CPCMS—common pleas case management system.’’ A web-based application, operated by the Administrative Office of Pennsylvania Courts, which serves as a source of information from courts of common pleas on current and prior conviction offenses, used to prepare sentencing guidelines and sentence risk assessments.
‘‘Commission.’’ Pennsylvania Commission on Sentencing. A criminal justice agency of the General Assembly authorized to adopt and implement a sentence risk assessment instrument and guidelines for sentencing and resentencing to be considered by the court, and guidelines for parole and recommitment ranges following revocation to be considered by the Board.
‘‘Concurrent sentence.’’ Sentences imposed to be served simultaneously or at the same time.
‘‘Consecutive sentence.’’ Sentences imposed to be served one after another. As provided in 42 Pa.C.S. § 9757 (relating to consecutive sentences of total confinement for multiple offenses) and 42 Pa.C.S. § 9762(f), consecutive confinement sentences shall be aggregated into a single sentence with one minimum term and one maximum term.
‘‘Conviction.’’ A finding of guilty or the entering of a plea of guilty or nolo contendere for a felony or misdemeanor, whether or not judgement of sentence has been imposed.
‘‘Course of conduct.’’ A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.
‘‘Court.’’ Unless otherwise provided, a court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof, or any magisterial district judge.
‘‘Crime-free period.’’ Following a conviction and sentence and subsequent release to the community, the completion of a prescribed period of time without commission of a new felony or misdemeanor, for which the person pleads guilty or nolo contendere or is found guilty. For non-confinement sentences, release to the community begins on the date of sentencing; for confinement sentences, release to the community begins on the date of initial release on parole, or release following completion of the confinement sentence, whichever is earlier.
‘‘Crime of violence.’’ An offense listed under 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).
‘‘Criminal gang.’’ A formal or informal ongoing organization, association, or group, with or without an established hierarchy, that has as one of its primary activities the commission of criminal or delinquent acts and that consists of three or more persons.
‘‘DUI—driving under the influence.’’ An adjudication or conviction for a violation of former 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled substance) (Repealed) or 75 Pa.C.S. Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs).
‘‘Deadly weapon.’’ A firearm, as defined in 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms), whether loaded or unloaded; or any dangerous weapon, as defined in 18 Pa.C.S. § 913 (relating to possession of firearm or other dangerous weapon in court facility); or any device, implement, or instrumentality designed as a weapon or capable of producing death or serious bodily injury, including where the court determines that the person intended to use the weapon to threaten or injure another person.
‘‘Decay.’’ A type of lapsing which involves the removal from the determination of the prior record score certain prior adjudication or conviction offenses following a prescribed period of time.
‘‘Delinquent act.’’ An act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under Federal law.
‘‘Department.’’ Pennsylvania Department of Corrections. An executive branch agency responsible for operating the State prison system and providing parole supervision of reentrants.
‘‘Disposition.’’ Upon conviction, and for purposes of the guidelines, the sentencing alternative and/or program imposed by the court during a sentencing hearing. A separate consideration is the duration of the sentence.
‘‘Enhancement.’’ An increase in the OGS assignment that applies when a court determines one or more specified sentencing factors were present during the commission of a crime.
‘‘Family or household member.’’ Spouses or persons who have been spouses, persons living as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.
‘‘Gap.’’ A type of lapsing which involves the removal from the determination of the prior record score certain prior adjudication or conviction offenses following a prescribed crime-free period.
‘‘Guideline sentence form.’’ A document or a computer-generated sentence information report promulgated by the Commission. The form provides the court with a guideline sentence recommendation and other relevant information for each conviction offense for consideration prior to sentencing; following sentencing, the form includes information on the sentence imposed and reasons for the sentence. The form is generated by the Commission’s sentencing guidelines application based on information entered or verified by users authorized by the court; following sentencing, the Commission’s sentencing guidelines application is used to electronically submit all required information used to generate the form to the Commission.
‘‘Inchoate offenses.’’ The offenses of criminal attempt, criminal solicitation, and criminal conspiracy.
‘‘Intellectual disability.’’ Regardless of the age of the individual, significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas: communications; self-care; home living; social and interpersonal skills; use of community resources; self-direction; functional academic skills; work; safety.
‘‘Juvenile disposition.’’ The final determination made by a Juvenile Court after an adjudication of delinquency.
‘‘Judicial proceeding.’’ A sentencing hearing in which all offenses for which a person is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple dockets and OTNs.
‘‘Judicial proceeding consideration.’’ Suggestions for determining the service of multiple sentences, the eligibility and appropriateness of certain sentencing and correctional programs, and the aggregate term of probation during a sentencing hearing, intended to encourage greater consistency in sentencing and to promote the use of evidence-based practices. Decisions based on these general policies are not considered by the Commission when reporting conformity to the sentencing guidelines.
‘‘Lapsing.’’ The removal from the determination of the prior record score certain prior adjudication or conviction offenses. Lapsing includes ‘‘decay’’ and ‘‘gap.’’
‘‘MDJS—magisterial district judge system.’’ A web-based application, operated by the Administrative Office of Pennsylvania Courts, which serves as a source of information from minor courts on charges filed and the disposition of charges filed, used to prepare sentencing guidelines and sentence risk assessments.
‘‘Minor.’’ Unless otherwise specified, a person who is under 18 years of age.
‘‘OGS—offense gravity score.’’ An assignment in the sentencing guidelines reflecting the seriousness of the conviction offense. There are 30 general OGS categories, OGS 1 through OGS 30, and eight OGS categories limited to assignments for murder.
‘‘OTN—offense tracking number.’’ A unique identifying number assigned to an entire set of related charges. An OTN is generally assigned by the court at the time of arraignment.
‘‘Offense-specific sentence recommendation.’’ A recommendation for the disposition and duration of a sentence imposed for a conviction offense, intended to promote uniformity and proportionality in sentencing. A standard range recommendation represents the typical sentence for the typical circumstance; for sentences imposed in the mitigated or aggravated range, and for departures from the guidelines, courts are required to report reasons for the sentence.
‘‘POG—prior offense group.’’ Classification of previous adjudication and conviction offenses based on seriousness used to determine the prior record score. There are four groups, POG1 through POG4, with POG1 being the least serious previous offenses and POG4 being the most serious previous offenses.
‘‘PRS—prior record score.’’ A category in the sentencing guidelines reflecting the seriousness of the criminal history of a person, based on certain previous juvenile adjudications and/or convictions. There are five PRS categories, PRS 0 through PRS 4.
‘‘Prior adjudication.’’ A previous offense for which the commission of the offense and the adjudication of delinquency for the offense occurred prior to the commission of the current conviction offense.
‘‘Prior conviction.’’ A previous offense for which the commission of the offense and the conviction for the offense occurred prior to the commission of the current conviction offense.
‘‘RS—restorative sanctions.’’ Non-confinement and limited supervision sentencing alternatives and penalties, such as determination of guilt without further penalty, restitution, fines, community service and administrative probation.
‘‘SID—state identification number.’’ A unique number associated with each person based on fingerprints.
‘‘School zone.’’ Within 250 feet of the real property on which is located a public or private elementary or secondary school.
‘‘Sentencing guidelines.’’ Sentencing guidelines include offense-specific sentence recommendations, which must be considered by the court, and judicial proceeding considerations, which may be considered by the court. Determination of conformity to the sentencing guidelines, based on whether a sentence is imposed within one of the three ranges (i.e., standard, aggravated, mitigated), or is a departure from the guidelines (i.e., disposition and/or duration outside of the ranges or failing to follow procedures), only applies to the offense-specific recommendation.
‘‘Sentencing guidelines application.’’ A JNET web-based application developed and operated by the Commission and required to be used for the preparation of sentencing guidelines, sentence risk assessment instruments, and resentencing guidelines, and for the electronic reporting of all required information to the Commission.
‘‘Sentencing levels.’’ Categories associated with recommended dispositions and durations, based on the combination of the offense gravity score and prior record score. There are eight sentencing levels (Level A—Level H).
‘‘Serious bodily injury.’’ Bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
‘‘Serious crimes.’’ Except for crimes of violence, an adjudication or conviction for any felony of the first degree or felony of the second degree, or an adjudication or conviction for a felony of the third degree or misdemeanor of the first degree as provided in the following: 18 Pa.C.S. Part II, Article B (relating to offenses involving danger to the person), 18 Pa.C.S. Chapter 61-A (relating to Uniform Firearms Act), and 42 Pa.C.S. § 9799.14.
‘‘Statutory limit.’’ The longest minimum term of confinement permitted by law, which is one-half the statutory maximum.
‘‘Statutory maximum.’’ The maximum period of confinement or of probation authorized for the disposition of a person, as provided in 18 Pa.C.S. Chapter 11 (relating to authorized disposition of offenders).
Cross References This section cited in 204 Pa. Code § 303a.5 (relating to offense-specific sentence recommendations); and 204 Pa. Code § 303a.7 (relating to judicial proceeding considerations).
§ 303a.2. Guideline sentencing standards.
(a) General provisions.
(1) The court shall consider the sentencing guidelines in determining the appropriate sentence for persons convicted of, or pleading guilty or nolo contendere to, felonies and misdemeanors. Where crimes merge for sentencing purposes, the court shall consider the sentencing guidelines only on the offense assigned the higher offense gravity score.
(2) The sentencing guidelines do not apply to sentences imposed as a result of the following: accelerated rehabilitative disposition; disposition in lieu of trial; direct or indirect contempt of court; violations of protection from abuse orders; revocation of probation, except as provided in 204 Pa. Code Chapters 307 and 307a (relating to resentencing guidelines for 7th edition sentencing guidelines; and resentencing guidelines for 8th edition sentencing guidelines); or revocation of parole, except as provided in Chapter 311 (relating to State parole recommitment ranges).
(3) The sentencing guidelines shall apply to all offenses committed on or after the effective date of the guidelines. Editions or amendments to the sentencing guidelines shall apply to all offenses committed on or after the effective date of the edition or amendment to the guidelines.
(i) The effective date of the initial sentencing guidelines and effective dates of editions and amendments to the sentencing guidelines are provided in § 303a.8 (relating to effective dates of sentencing guidelines editions).
(ii) On October 7, 1987, the Pennsylvania Supreme Court invalidated the sentencing guidelines due to a procedural error that occurred in 1981, when the General Assembly rejected the initial sentencing guidelines adopted by the Commission. As a result, sentencing guidelines adopted prior to April 25, 1988, were declared by the Court to be of no force.
(iii) For offenses committed on multiple dates, the guidelines shall be applied based on the date of each offense and the effective date of the editions or amendments to the guidelines. If the specific dates of the offenses cannot be determined, the later date shall be used to determine the applicable edition or amendment of the sentencing guidelines.
(4) In every case in which a court of record imposes a sentence for a felony or misdemeanor, the court shall make as a part of the record and disclose in open court at the time of the sentencing a statement of the reason or reasons for the sentence imposed. In every case in which a court of record imposes a sentence or resentence in the aggravated or mitigated range, or imposes a sentence that is a departure from the guidelines, the court shall report the reason or reasons for the deviation from the standard range of the guidelines to the Commission.
(b) Procedures at sentencing.
(1) Determine the guideline sentence recommendations for each offense in the judicial proceeding:
(i) Determine the offense gravity score for each conviction offense as described in § 303a.3 (relating to offense gravity score).
(ii) Determine the corresponding prior record score as described in § 303a.4 (relating to prior record score).
(iii) Determine the offense-specific sentence recommendations as described in § 303a.5 (relating to offense-specific sentence recommendations).
(2) Review the offense-specific sentence recommendations and the judicial proceeding considerations prior to the imposition of sentence:
(i) Offense-specific sentence recommendations, as provided in § 303a.5, and aggravating and mitigating circumstances, as provided in § 303a.6 (relating to aggravated and mitigated circumstances), shall be considered by the court for every conviction offense.
(ii) Judicial proceeding considerations, as provided in § 303a.7 (relating to judicial proceeding considerations), addressing the imposition of concurrent or consecutive sentences and the authorization of any sentencing or correctional programs based on the aggregate sentence, may be considered by the court when determining the sentence imposed during the judicial proceeding.
(3) Report the sentence(s) and reasons as required using the Commission’s sentencing guidelines application.
(c) Reporting information to the Commission.
(1) As authorized by 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties of commission) and as required by 42 Pa.C.S. § 9721(b) (relating to sentencing generally), a court of record shall submit required guidelines and sentencing information to the Commission for each conviction offense and for the judicial proceeding.
(2) The full submission of data to the Commission, and certification of compliance with guidelines and with the county’s intermediate punishment plan for imposing restrictive conditions, is required by the act of December 18, 2019 (P.L. 771, No. 114) and 42 Pa.C.S. § 2154.1(b) (relating to adoption of guidelines for restrictive conditions).
(3) Unless otherwise provided by the Commission, the Commission’s JNET-based sentencing guidelines application shall be used at the court’s direction to prepare the guideline sentence form for each conviction offense, and the sentence guideline form for any resentence for a revocation of probation, as provided in Chapters 307 and 307a.
(4) Following imposition of the sentence, a completed guideline sentence form, including the SID, the sentence imposed, reasons for deviation from the standard range of the sentencing guidelines, and all required guidelines and sentencing information for each conviction offense and for the judicial proceeding, shall be made a part of the record, and the information electronically submitted to the Commission using the Commission’s sentencing guidelines application no later than 30 days after the date of sentencing.
(5) Following revocation of probation and resentencing, a completed guideline sentence form, including the SID, the resentence imposed, reasons for deviation from the standard range of the resentencing guidelines, and all required guidelines and resentencing information, including information from the completed sentence guideline form associated with the initial order of probation, shall be made a part of the record, and the information electronically submitted to the Commission using the Commission’s sentencing guidelines application no later than 30 days after the date of resentencing.
Cross References This section cited in 204 Pa. Code § 303a.6 (relating to aggravated and mitigated circumstances).
§ 303a.3. Offense gravity score.
(a) General provisions.
(1) The OGS measures the seriousness of the current conviction offense and is the primary determinant of the guideline sentence recommendation. An OGS is assigned to each conviction offense, based on the elements of the offense and the classification of the crime. There are 30 general OGS categories, with another eight OGS categories limited to assignments for murder.
(2) Subcategorized offenses. Certain conviction offenses are subcategorized and may be assigned more than one OGS based on the presence of specific sentencing factors determined by the court at sentencing and/or mandatory minimum sentencing provisions. Subcategorized offenses are included in the offense listings in § § 303a.9 and 303a.10 (relating to offense listing (OGS/POG assignments); and BUI/DUI offense listing (OGS/POG assignments)) and designated by an asterisk.
(3) Assignments for specific offense categories:
(i) Inchoate offenses. Inchoate offenses are scored as follows:
(A) Except as provided for inchoates to murder, convictions for attempt, solicitation or conspiracy to commit a Felony 1 offense receive an OGS of one point less than the offense attempted, solicited, or which was the object of the conspiracy.
(B) Convictions for attempt, solicitation, or conspiracy to commit any offense which is not a Felony 1 offense, receive the OGS of the offense attempted, solicited or which was the object of the conspiracy.
(C) Convictions for attempt, solicitation or conspiracy to commit any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144) receive the OGS of the offense attempted, solicited or which was the object of the conspiracy.
(ii) Offenses with classifications associated with underlying offenses.
(A) Convictions for Ethnic Intimidation (18 Pa.C.S. § 2710 (relating to ethnic intimidation)), Terrorism (18 Pa.C.S. § 2717 (relating to terrorism)), Ecoterrorism (18 Pa.C.S. § 3311 (relating to ecoterrorism)), and other offenses for which the grade is classified one degree higher than the underlying offense are assigned an OGS two points higher than the OGS of the underlying offense but cannot exceed OGS 30.
(B) Convictions for Obstruction of Justice (18 Pa.C.S. § 3016 (relating to obstruction of justice)), Unlawful Contact with Minor (18 Pa.C.S. § 6318 (relating to unlawful contact with minor)), and other offenses for which the grade is classified the same as an associated or underlying offense are assigned the same OGS as the associated or underlying offense, unless otherwise provided.
(iii) Violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(A) If any mixture or compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be deemed to be composed of the controlled substance. If a mixture or compound contains a detectable amount of more than one controlled substance, the mixture or compound shall be deemed to be composed entirely of the controlled substance with the highest OGS.
(B) Exception for prescription pills. For violations of section 13(a)(12), (a)(14) and (a)(30) of The Controlled Substance, Drug, Device and Cosmetic Act involving narcotic prescription pills of Schedule II, when both the weight and the number of pills are known, the higher OGS assignment applies.
(C) Subcategorization. OGS assignments for violations of section 13(a)(12), (a)(14) and (a)(30) of The Controlled Substance, Drug, Device and Cosmetic Act are subcategorized based on the type and quantity of the controlled substance, and the statutory maximum of the controlled substance, including the applicability of section 14 or section 15 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-114 or § 780-115).
(4) Omnibus offense gravity score. The omnibus OGS, as provided in § 303a.11 (relating to omnibus OGS tables), is assigned based on the grade of the conviction offense and/or a mandatory minimum requirement, and applies to any offense not listed in § 303a.9 or § 303a.10. As provided below, the omnibus OGS may apply to new or amended sections of statute enacted by the General Assembly.
(i) Three omnibus OGS tables are provided in § 303a.11:
(A) 303a.11(a) General omnibus OGS assignments.
(B) 303a.11(b) BUI omnibus OGS assignments, relating to operating watercraft under the influence.
(C) 303a.11(c) DUI omnibus OGS assignments, relating to driving under the influence.
(ii) For an addition of a new subsection of statute:
(A) The lowest OGS assigned within the section based on the grade or statutory maximum of the offense shall apply to the new subsection.
(B) When the grade or statutory maximum of the new subsection is higher than the highest grade or statutory maximum in the section, the highest assigned OGS in the section shall apply to the new subsection, unless the omnibus OGS is higher.
(C) When the grade or statutory maximum of the new subsection is lower than the lowest grade or statutory maximum in the section, the lowest assigned OGS in the section shall apply to the new subsection, unless the omnibus OGS is lower.
(iii) For an amendment to an existing section of statute:
(A) When the definition of an offense listed in § 303a.9 or § 303a.10 is changed, the previously assigned OGS shall apply.
(B) When the grade, mandatory minimum sentence requirement, or statutory maximum of a subsection listed in § 303a.9 or § 303a.10 has increased, the omnibus OGS shall apply, unless the previously assigned OGS is higher.
(C) When the grade, mandatory minimum sentence requirement, or statutory maximum of a subsection listed in § 303a.9 or § 303a.10 has decreased, the omnibus OGS shall apply, unless the previously assigned OGS is lower.
(b) Enhancements.
(1) Enhancements, as provided in § 303a.12 (relating to OGS enhancements table), are increases to the initial OGS assignment that apply when a court determines one or more specified sentencing factors were present during the commission of the crime. The application of an enhancement is determined by the court at sentencing, based on a preponderance of the evidence. Sentence enhancements may be mandated by statute or established by the Commission.
(i) General enhancements, as provided in paragraph (5), apply to all offenses unless otherwise provided.
(ii) Offense-specific enhancements, as provided in paragraph (6) relating to Crimes Code enhancements and paragraph (7) relating to Vehicle Code enhancements, are limited to designated offenses.
(2) Enhancements are included in guideline sentence recommendations through two approaches:
(i) Subcategorization, in which one or more sentencing factors identified for enhancement are included in the OGS assignment in § § 303a.9 and 303a.10; subcategorized offenses are designated with an asterisk.
(ii) Adjustment, in which the OGS assignment in § § 303a.9 and 303a.10 is increased when it is determined that one or more sentencing factors identified for enhancement were present during the commission of the crime. Offenses subject to an enhancement through adjustment are designated E in the Enhancement column in § § 303a.9 and 303a.10.
(3) An enhancement shall apply to each conviction offense for which the court determines the sentencing factor is present, unless the sentencing factor is an element of the crime or a sentencing factor considered in the OGS assignment, or the sentencing factor has been applied through another enhancement. The OGS may not exceed OGS 30 based on an enhancement adjustment. Enhancement adjustments do not apply to offenses assigned to Level G or Level H, and the OGS may not exceed OGS 30 based on an enhancement adjustment.
(4) Omnibus enhancement. The omnibus enhancement shall apply to a new sentencing enhancement enacted by the General Assembly and not otherwise provided in this section or in § 303a.12. The OGS assignments, as provided in § § 303a.9, 303a.10 and 303a.11, shall be increased by one point when it is determined by the court that one or more sentencing factors identified in the new sentencing enhancement was present during the commission of the crime.
(5) Descriptions of general enhancements.
(i) Deadly weapon enhancement, as provided in 42 Pa.C.S. § 2154(b)(3) (relating to adoption of guidelines for sentencing).
(A) Deadly weapon possessed. When the court determines that the person possessed a deadly weapon during the commission of the current conviction offense, the court shall adjust the OGS as provided in § 303a.12. The person has possessed a deadly weapon if the deadly weapon was on the person’s person or within the person’s immediate physical control.
(B) Deadly weapon used. When the court determines that the person used a deadly weapon during the commission of the current conviction offense, the court shall adjust the OGS as provided in § 303a.12. The person has used a deadly weapon if a deadly weapon was employed by the person in a way that threatened or injured another person.
(C) The deadly weapon enhancements shall not apply to the following offenses:
(I) 18 Pa.C.S. § 907 (relating to possessing instruments of crime).
(II) 18 Pa.C.S. § 908 (relating to prohibited offensive weapons).
(III) 18 Pa.C.S. § 912 (relating to possession of weapon on school property).
(IV) 18 Pa.C.S. § 913 (relating to possession of firearm or other dangerous weapon in court facility).
(V) 18 Pa.C.S. § 2701(a)(2) (relating to simple assault).
(VI) 18 Pa.C.S. § 2702(a)(4) (relating to aggravated assault).
(VII) Any offense assigned to Level G or Level H in the sentencing guidelines.
(VIII) Any offense for which possession of a deadly weapon is an element of the statutory definition, including theft when property stolen is a firearm and any violation of the Pennsylvania Uniform Firearms Act of 1995.
(ii) School zone drug enhancement, as provided in 42 Pa.C.S. § 2154(b)(3).
(A) When the court determines that the person manufactured, delivered, or possessed with intent to deliver a controlled substance within a school zone, the court shall adjust the OGS as provided in § 303a.12.
(B) The enhancement only applies to violations of section 13(a)(14) and (a)(30) of The Controlled Substance, Drug, Device and Cosmetic Act.
(iii) Criminal gang enhancement, as required by 42 Pa.C.S. § 9720.4 (relating to sentencing for offenses committed in association with a criminal gang).
(A) When the court determines that the person committed murder in the third degree in association with a criminal gang, the court shall consider the enhanced sentence recommendations provided in § 303a.9. When the court determines that the person committed any other crime of violence in association with a criminal gang, the court shall adjust the OGS as provided in § 303a.12.
(B) When the court determines that the person committed a violation of section 13(a)(30) of The Controlled Substance, Drug, Device and Cosmetic Act in association with a criminal gang, the court shall adjust the OGS as provided in § 303a.12.
(C) The criminal gang enhancement shall apply to each violation which meets the criteria described in subparagraph (A) or subparagraph (B).
(iv) Domestic violence enhancement, as required by 42 Pa.C.S. § 9720.8 (relating to sentencing for offenses involving domestic violence in the presence of a minor).
(A) When the court determines that the person committed murder in the third degree against a family or household member as defined in 23 Pa.C.S. § 6102 (relating to definitions), the court shall consider the enhanced sentence recommendations provided in § 303a.9. When the court determines that the person committed any other offense under 18 Pa.C.S. Chapters 25, 27, 29, 30, 31 or 49, or an attempt, solicitation, or conspiracy to commit any of these offenses, against a family or household member as defined in 23 Pa.C.S. § 6102, the court shall adjust the OGS as provided in § 303a.12.
(B) When the court further determines that a person knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the person or the victim, the court shall consider ordering the person to pay the costs or fees associated with the assessment and treatment of the minor for exposure to domestic violence.
(6) Descriptions of crimes code enhancements.
(i) Third degree murder of a victim younger than age 13 enhancement, as required by 42 Pa.C.S. § 9711.1 (relating to sentencing for certain murders of infant persons). When the court determines the victim of murder in the third degree as defined in 18 Pa.C.S. § 2502(c) (relating to murder) was less than 13 years of age at the time of the offense, the court shall consider the enhanced sentence recommendations provided in § 303a.9.
(ii) Causing or aiding suicide enhancement, as required by 18 Pa.C.S. § 2505(c) (relating to causing or aiding suicide). When the court determines the person who died by suicide or was aided or solicited to die by suicide was under 18 years of age and has an intellectual disability or autism spectrum disorder, the court shall consider the enhanced sentence recommendations provided in § 303a.9.
(iii) Trafficking in individuals and involuntary servitude enhancement, as required by 18 Pa.C.S. § 3024 (relating to sentencing). When the court determines that the person violated 18 Pa.C.S. § 3011 (relating to trafficking in individuals) or § 3012 (relating to involuntary servitude) and any of the following factors were present, the court shall adjust the OGS as provided in § 303a.12:
(A) The person committed a violation involving sexual servitude; or
(B) The victim was a minor less than 18 years of age; or
(C) The victim was a minor less than 13 years of age; or
(D) In the course of committing a violation, the person also violated one or more of the following offenses:
(I) 18 Pa.C.S. § 2901 (relating to kidnapping); or
(II) 18 Pa.C.S. § 3121 (relating to rape); or
(III) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(iv) Sexual extortion, as required by 18 Pa.C.S. § 3133(e) (relating to sexual extortion).
(A) When the court determines that the person violated 18 Pa.C.S. § 3133 and the complainant is under 18 years of age or has an intellectual disability or the actor holds a position of trust or supervisory or disciplinary power over the complainant, the court shall consider the enhanced sentence recommendations provided in § 303a.9.
(B) When the court determines that the person violated 18 Pa.C.S. § 3133 and the complainant attempts suicide resulting in serious bodily injury or dies by suicide, within 90 days of the commission of the offense, as a proximate result of the trauma that the complainant experienced during or following the commission of the offense, the court shall adjust the OGS as provided in § 303a.12.
(v) Arson enhancement, as required by 42 Pa.C.S. § 9720.6 (relating to sentencing for arson offenses).
(A) When the court determines that one or more of the following factors relating to arson or aggravated arson as defined in 18 Pa.C.S. § 3301 (relating to arson and related offenses) are present, the court shall consider the enhanced sentence recommendations provided in § 303a.9:
(I) Bodily injury results to a firefighter, police officer or person actively engaged in fighting the fire; or
(II) Serious bodily injury results to a civilian.
(B) When the court determines that one or more of the following factors relating to arson or aggravated arson as defined in 18 Pa.C.S. § 3301 are present, the court shall adjust the OGS as provided in § 303a.12:
(I) More than three persons were present inside the property at the time of the offense; or
(II) The fire caused more than $1 million in property damage; or
(III) The actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa.C.S. § 5515(a) (relating to prohibiting paramilitary training).
(vi) Burglary enhancement, as required by 18 Pa.C.S. § 3502(d.1) (relating to burglary) and 42 Pa.C.S. § 9720.7 (relating to sentencing for burglary).
(A) When the court determines that the person violated 18 Pa.C.S. § 3502(a)(1)(i), regarding burglary of a structure adapted for overnight accommodations in which at the time of the offense any person is present and the person commits, attempts or threatens to commit a bodily injury therein, the court shall consider the enhanced sentence recommendations provided in § 303a.9.
(B) When the court determines that the person violated 18 Pa.C.S. § 3502 and a domestic animal was harmed or killed in the course of the burglary, the court shall adjust the OGS as provided in § 303a.12.
(vii) Criminal trespass enhancement, as required by 18 Pa.C.S. § 3503(c.2) (relating to criminal trespass) and 42 Pa.C.S. § 9720.7.
(A) When the court determines that the person violated 18 Pa.C.S. § 3503 (relating to criminal trespass) and a domestic animal was harmed or killed in the course of the criminal trespass, the court shall adjust the OGS as provided in § 303a.12.
(viii) Robbery of motor vehicle enhancement, as required by 18 Pa.C.S. § 3702(b) (relating to robbery of motor vehicle). When the court determines that the person violated 18 Pa.C.S. § 3702, the court shall consider the enhanced sentence recommendations provided in § 303a.9.
(ix) Person not to possess, use, manufacture, control, sell or transfer firearms enhancement, as required by 18 Pa.C.S. § 6105(a.1)(1.1)(ii) (relating to person not to possess, use, manufacture, control, sell or transfer firearms). When the court determines that the person violated 18 Pa.C.S. § 6105(a)(1), regarding person not to possess a firearm; conviction for enumerated felony or drug felony, and was previously convicted or was in physical possession or control of a firearm, the court shall consider the enhanced sentence recommendations provided in § 303a.9.
(x) Sexual abuse of children enhancement, as required by 42 Pa.C.S. § 9720.5 (relating to sentencing for offenses involving sexual abuse of children).
(A) When the court determines that the person violated 18 Pa.C.S. § 6312 (relating to sexual abuse of children) and that indecent contact with a child is depicted and the child depicted is under 10 years of age or prepubescent, the court shall consider the enhanced sentence recommendations provided in § 303a.9.
(B) When the court determines that the person violated 18 Pa.C.S. § 6312 and that the person possessed more than 50 images, the court shall adjust the OGS as provided in § 303a.12. For purposes of this enhancement, the number of images is defined as follows:
(I) Each photograph, picture, computer generated image, or any similar visual depiction shall be considered to be one image.
(II) Each video, video-clip, movie, or similar visual depiction shall be considered to have 50 images.
(C) When the court determines that the person violated 18 Pa.C.S. § 6312 and that the abuse depicted in the images possessed by the person are of a sexual or violent nature or character, the court shall adjust the OGS as provided in § 303a.12. This enhancement shall apply to any image possessed by the person which portrays or contains any of the following:
(I) The bondage of a child; or
(II) A dangerous weapon as defined in 18 Pa.C.S. § 913 used in a sexual context; or
(III) Penetration or attempted penetration of a child; or
(IV) An act which would constitute a crime under 18 Pa.C.S. Chapter 25 (relating to criminal homicide), 18 Pa.C.S. Chapter 27 (relating to assault) or 18 Pa.C.S. Chapter 31 (relating to sexual offenses).
(D) When the court determines that the person violated 18 Pa.C.S. § 6312 and that the child is known to the person, the court shall adjust the OGS as provided in § 303a.12.
(E) Sexual abuse of children enhancement shall apply to each violation which meets the criteria above.
(7) Descriptions of vehicle code enhancements.
(i) Homicide by vehicle enhancements, as provided in 42 Pa.C.S. § 2154(b)(3) and required by 75 Pa.C.S. § 3732 (relating to homicide by vehicle). When the court determines that the person violated 75 Pa.C.S. § 3732 and that one or more of the following sentencing factors are present, the court shall consider the enhanced sentence recommendations as provided in § 303a.9:
(A) Category A: violation of 75 Pa.C.S. § 3802 or 75 Pa.C.S. § 3316 (relating to prohibiting text-based communications).
(B) Category B: violation of 75 Pa.C.S. § 3326 (relating to duty of driver in construction and maintenance areas or on highway safety corridors), 75 Pa.C.S. § 3325 (relating to duty of driver on approach of emergency vehicle), or 75 Pa.C.S. § 3327 (relating to duty of driver in emergency response areas and in relation to disabled vehicles).
(C) Category C: violation of 75 Pa.C.S. § 1501 (relating to drivers required to be licensed) or 75 Pa.C.S. § 1543 (relating to driving while operating privilege is suspended or revoked).
(ii) Aggravated asault by vehicle enhancements, as provided in 42 Pa.C.S. § 2154(b)(3) and required by 75 Pa.C.S. § 3732.1 (relating to aggravated assault by vehicle). When the court determines that the person violated 75 Pa.C.S. § 3732.1 and that one or more of the following sentencing factors are present, the court shall consider the enhanced sentence recommendations as provided in § 303a.9:
(A) Category A: violation of 75 Pa.C.S. § 3802 or 75 Pa.C.S. § 3316.
(B) Category B: violation of 75 Pa.C.S. § 3326, 75 Pa.C.S. § 3325, or 75 Pa.C.S. § 3327.
(C) Category C: violation of 75 Pa.C.S. § 1501 or 75 Pa.C.S. § 1543.
(iii) Accidents involving death enhancement, as provided in 75 Pa.C.S. § 3742(b)(3)(ii) (relating to accidents involving death or personal injury). When the court determines that the person violated 75 Pa.C.S. § 3742 and the victim dies, the court shall consider the enhanced sentence recommendations as provided in § 303a.9.
(iv) Driving under the influence of alcohol or controlled substance enhancement, as required by 75 Pa.C.S. § 3804(c.3) (relating to penalties). When the court determines that the person violated 75 Pa.C.S. § 3802(a)(1) where the person refused testing of breath or chemical testing or 75 Pa.C.S. § 3802(c) or (d) and where the person has four or more prior offenses, the court shall consider the enhanced sentence recommendations as provided in § 303a.10.
(c) Mandatory sentencing provisions.
(1) The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. When the sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline sentence recommendation.
(2) For mandatory sentencing provisions provided for in 30 Pa.C.S. Chapter 55 (relating to operation of boats) and in 75 Pa.C.S. § 1543(b), Chapter 37 Subchapter B (relating to serious traffic offenses), Chapter 37 Subchapter C (relating to accidents and accident reports), and Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs), the court shall consider the OGS assignments as provided in § § 303a.9 and 303a.10. Offenses subject to mandatory penalties are designated M in the Mandatory/Enhancement column in § 303a.9; all offenses listed in § 303a.10 are subject to mandatory penalties.
(3) Mandatory sentences for which restrictive DUI probation conditions (42 Pa.C.S. § 9763(c) (relating to conditions of probation)) are authorized.
(i) The court shall consider the offense-specific sentence recommendations for a person convicted under 75 Pa.C.S. § 1543(b), former 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled substance), or 75 Pa.C.S. § 3804 for a first, second, or third offense under 75 Pa.C.S. Chapter 38.
(ii) The court may use restrictive DUI probation conditions or a combination of confinement and restrictive DUI probation conditions to satisfy the mandatory minimum requirement as provided by law.
Cross References This section cited in 204 Pa. Code § 303a.1 (relating to preliminary provisions); 204 Pa. Code § 303a.2 (relating to guideline sentencing standards); 204 Pa. Code § 303a.5 (relating to offense-specific sentence recommendations); 204 Pa. Code § 303a.9 (relating to offense listing (OGS/POG assignments)); 204 Pa. Code § 303a.10 (relating to BUI/DUI offense listing (OGS/POG assignments)); and 204 Pa. Code § 303a.12 (relating to OGS enhancements table).
§ 303a.4. Prior record score.
(a) General provisions.
(1) The PRS is a measure of a person’s criminal history, reflecting the number and seriousness of certain previous juvenile adjudications and adult convictions. The PRS addresses the greater culpability and risk to reoffend of repeat offenders. There are five PRS categories (PRS 0—PRS 4).
(2) The PRS is determined by identifying the most serious offense for which a person was adjudicated or convicted prior to the commission of the current offense, and then considering the number of previous adjudications or convictions of equal seriousness.
(3) POGs, as provided in § 303a.13(a) (relating to POG/PRS tables), distinguish the seriousness of previous adjudications and convictions as described below.
(i) POG1 includes all misdemeanors, unless designated as serious crimes.
(ii) POG2 includes all felonies of the third degree and all unclassified felonies, unless designated as serious crimes.
(iii) POG3 includes all serious crimes, defined as:
(A) All felonies of the first and second degree, unless designated as crimes of violence.
(B) All felonies of the third degree and misdemeanors of the first degree if:
(I) 18 Pa.C.S. Article B Chapters 25—32.
(II) 18 Pa.C.S. Chapter 61-A (relating to Uniform Firearms Act of 1995).
(III) 42 Pa.C.S. § 9799.14 (relating to sexual offenses)
(iv) POG4 includes all crimes of violence (42 Pa.C.S. § 9714(g)) (relating to sentences for second and subsequent offenses).
(4) Certain previous adjudication and conviction offenses may be removed from consideration in the prior offense groups following prescribed periods of decay or gap, as described in paragraph (c).
(b) Procedure for identifying previous offenses.
(1) Identify prior offenses for which the person was adjudicated delinquent or convicted prior to the date of the current offense. The prosecution has the burden of proof in determining previous adjudications and convictions based on a preponderance of the evidence.
(2) Juvenile adjudications—consider only the most serious offense for which the person was adjudicated delinquent from each prior juvenile disposition hearing that meets the following criteria:
(i) the juvenile offense occurred on or after the person’s 14th birthday but prior to the person’s 16th birthday and there was an express finding by the juvenile court that the adjudication was for a POG4 offense; or
(ii) the juvenile offense occurred on or after the person’s 16th birthday and there was an express finding by the juvenile court that the adjudication was for a POG2, POG3 or POG4 offense.
(3) Adult convictions (including juvenile transfers)—consider every offense for which the person was convicted.
(4) Excluded prior offenses.
(i) Exclude prior adjudications or convictions for offenses that contribute to an increase in the grade or maximum penalty of a subsequent adjudication or conviction.
(ii) Prior DUI convictions shall not be considered in determining the PRS for any DUI sentence recommendation.
(iii) Exclude lapsed previous adjudication and conviction offenses as set forth in paragraph (c).
(5) Determine the seriousness of previous adjudications and convictions based on the prior offense groups (POG).
(c) Lapsing of previous offenses.
(1) Exclude prior adjudications or convictions for offenses as set forth below.
(2) Juvenile adjudications:
(i) At 25 years of age, remove prior adjudications (decay) for POG2 offenses.
(ii) Following completion of a 10-year crime-free period since the last adjudication or conviction (gap):
(A) remove prior adjudications for POG3 offenses.
(B) remove prior adjudications for POG4 offenses by persons 14 years of age or older but less than 16 years of age at the time of the juvenile offense.
(iii) Following completion of a 15-year crime-free period since the last adjudication or conviction (gap), remove prior adjudications for POG4 offenses by persons 16 years of age or older at the time of the juvenile offense.
(3) Adult convictions:
(i) Following completion of 10 years since the conviction date of the offense (decay), remove prior convictions for POG1 offenses.
(ii) Following completion of a 15-year crime-free period since release from confinement (gap), remove prior convictions for POG2 and POG3 offenses.
(iii) Following completion of a 25-year crime-free period since release from confinement (gap), remove prior convictions for POG4 offenses.
(d) Procedure for determining the prior record score category.
(1) Based on the offenses identified and excluding those removed through lapsing, select the prior offense group based on the most serious prior adjudication or conviction offense.
(2) Count the number of prior adjudication or conviction offenses contained in that prior offense group.
(3) Determine the PRS category based on the number of previous adjudications and convictions in the prior offense group, as provided in § 303a.13:
(i) PRS 4. The category includes offense-specific sentence recommendations that contain the statutory limit at Level E and higher, with the category defined by two or more previous crimes of violence.
(ii) PRS 3. The category includes offense-specific sentence recommendations of confinement that are generally no more than double the base recommendation, with the category defined by:
(A) One previous crime of violence; or
(B) Two or more previous serious crimes; or
(C) Three or more previous felonies (excluding crimes of violence and serious crimes).
(iii) PRS 2. The category is defined by:
(A) One previous serious offense; or
(B) No more than two previous felonies (excluding crimes of violence and serious crimes); or
(C) Three or more previous misdemeanors (excluding serious crimes).
(iv) PRS 1. The category is defined by:
(A) No more than two previous misdemeanors (excluding serious crimes).
(v) PRS 0. The category includes offense-specific sentence recommendations that serve as the base recommendations, with the category defined by:
(A) No previous adjudications or convictions; or
(B) Previous adjudications or convictions that have lapsed.
(e) Miscellaneous provisions.
(1) Adequacy of prior record score. The court may consider at the time of sentencing prior adjudications or convictions not counted in the calculation of the PRS, including lapsed offenses, and other factors deemed appropriate by the court.
(2) When a previous adjudication or conviction offense was committed over a range of dates, the later date shall be used to determine if the prior offense meets the criteria in paragraph (b)(1) for determining the PRS.
(3) Unless otherwise provided, the classification of a previous adjudication or conviction for an inchoate offense or an offense with classification associated with an associated or underlying offense is used to determine the prior offense group.
(4) When a previous adjudication or conviction offense was misclassified, the classification of the current equivalent Pennsylvania offense is used to determine the prior offense group.
(5) Former Pennsylvania offenses.
(i) For a previous adjudication or conviction offense under a former Pennsylvania law, the classification of the current equivalent Pennsylvania offense is used to determine the prior offense group.
(ii) Incomplete information.
(A) When there is no current equivalent Pennsylvania offense, the classification of the previous adjudication or conviction offense is used to determine the prior offense group.
(B) When the previous adjudication or conviction offense was a felony, but the grade of the felony is unknown, it shall be treated as a felony of the third degree. When the previous adjudication or conviction offense was for a misdemeanor, but the grade of the misdemeanor is unknown, it shall be treated as a misdemeanor of the third degree.
(C) When the classification of the previous adjudication or conviction offense cannot be determined, it shall be treated as a misdemeanor of the third degree.
(D) When the previous adjudication or conviction is for an offense which includes a summary classification, and the classification of the previous adjudication or conviction offense is unknown, it shall not be included in the PRS.
(6) Out-of-State, Federal or foreign offenses.
(i) For a previous adjudication or conviction for an out-of-State, Federal or foreign offense, the classification of the current equivalent Pennsylvania offense is used to determine the prior offense group.
(ii) For a court-martial for a criminal offense under the Uniform Code of Military Justice, which is considered a Federal conviction, the classification of the current equivalent Pennsylvania offense is used to determine the prior offense group.
(iii) Non-judicial punishments or administrative actions (e.g., Article 15, Article 134) which are not convictions shall not be included in the PRS.
(iv) When there is no current equivalent Pennsylvania offense, the classification of the previous adjudication or conviction offense, based on the maximum sentence authorized for the out-of-State, Federal or foreign offense, is used to determine the prior offense group.
(7) Excluded offenses, charges, and convictions. The following types of offenses, charges, and convictions shall not be scored in the PRS:
(i) Summary offenses, violations of local ordinances, direct or indirect contempt of court, violation of protection from abuse orders, and dispositions under Pa.R.Crim.P. Rules 234 Pa. Code Chapter 3 (relating to accelerated rehabilitative disposition), section 17 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-117) regarding probation without verdict or section 18 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-118) regarding disposition in lieu of trial or criminal punishment.
(ii) A charge which is nolle prossed, dismissed, or on which a demurrer is sustained.
Cross References This section cited in 204 Pa. Code § 303a.2 (relating to guideline sentencing standards); 204 Pa. Code § 303a.5 (relating to offense-specific sentence recommendations); and 204 Pa. Code § 303a.13 (relating to POG/PRS tables).
§ 303a.5. Offense-specific sentence recommendations.
(a) General provisions.
(1) In writing the sentencing guidelines, the Commission strives to provide a framework for the judges of Pennsylvania. The guidelines serve as a common starting point at sentencing, with a standard range of offense-specific sentence recommendations for the typical circumstances, based on the seriousness of the conviction offense and the consideration of relevant criminal history and criminal behavior of the person. As required by statute, aggravated and mitigated ranges are included to support the exercise of discretion when other circumstances are present.
(2) Through the establishment of sentencing levels, the sentencing guidelines are anchored to the purposes of sentencing and to the authorized dispositions provided in statute. Within these levels, an offense-specific sentence recommendation is provided for each conviction offense, based on the combination of OGS and PRS, intended to promote uniformity and proportionality. ‘‘The guidelines were designed to bring greater rationality and consistency to sentences and to eliminate unwarranted disparity in sentencing.’’ Commonwealth v. Mouzon, 812 A.2d 617 (Pa., 2002).
(3) While courts are required to consider the offense-specific sentence recommendations, Pennsylvania’s sentencing guidelines are advisory, and courts are required to individualize sentences. ‘‘Guidelines serve the laudatory role of aiding and enhancing the judicial exercise of judgement regarding case-specific sentencing. Guidelines may help frame the exercise of judgement by the Court in imposing a sentence. . .they are advisory guideposts that are valuable, may provide an essential starting point, and that must be respected and considered; they recommend, however, rather than require a particular sentence.’’ Commonwealth v. Walls (926 A.2d 957) (Pa., 2007).
(b) Purposes of sentencing.
(1) As provided in the Model Penal Code: Sentencing (Model Penal Code § 1.02(2)), the general purposes in decisions affecting the sentencing of persons include:
(i) To render sentences in all cases within a range of severity proportionate to the gravity of offenses, the harm done to victims, and the blameworthiness of persons; and
(ii) When reasonably feasible, to achieve person rehabilitation, general deterrence, incapacitation of dangerous persons, restitution to crimes victims, preservation of families, and reintegration of persons into the law-abiding community, provided these goals are pursued within the boundaries of proportionality.
(2) The sentencing guidelines provide a system with a primary focus on retribution, but one which allows for the fulfillment of other utilitarian sentencing purposes, including person rehabilitation, general deterrence, incapacitation to protect the public, and victim restoration.
(3) While the guidelines provide a retributive framework for sentencing, other factors may impact the sentencing decision and other information may assist the court in determining an appropriate and individualized sentence. These include:
(i) Mandatory minimum sentencing provisions, which when applicable supersede the offense-specific sentence recommendations.
(ii) Diagnostic evaluations of dependency on alcohol and other drugs and clinically prescribed treatment.
(iii) The use of validated assessments of risk, needs and responsivity and related evidence-based practices to guide decisions related to the intensity and duration of community supervision.
(c) Sentencing levels and offense-specific sentence recommendations.
(1) Eight sentencing levels are associated with standard range recommendations for dispositions and durations, to allow for more consistent consideration of the authorized sentencing alternatives, and to address mandates related to the adoption of guidelines for probation, the use of restrictive conditions, and fines and community service. This also allows for the consideration of the risk and needs of the person, and for the use of sentencing and correctional programs.
(i) The sentencing levels increase in severity from restorative sanctions (Level A) to total confinement in a State facility (Level D through Level H, depending on the duration of the recommendation).
(ii) Consistent with retribution as the primary purpose of the guidelines, the increases in the severity of the recommendations are proportionate with increases in the seriousness of the offenses and the extent of the criminal history. The sentencing levels provide a rational basis for the consideration of both retributive and utilitarian purposes of sentencing.
(2) Standard range recommendations
(i) Standard range recommendations, based on each combination of the OGS, assigned pursuant to § 303a.3 (relating to offense gravity score), and the PRS, determined pursuant to § 303a.4 (relating to prior record score), are provided in the sentencing matrix, located at § 303a.14 (relating to sentencing matrix). The standard range serves as a common starting point for sentencing and includes offense-specific sentence recommendations that apply to typical circumstances.
(ii) The standard range include specific recommendations, consistent with the sentencing level, that address the disposition and duration of a sentence, as well as the intensity of community supervision and the consideration of sentencing programs and are intended to promote uniformity and proportionality of sentencing.
(iii) When the guideline sentence recommendation exceeds that permitted by 18 Pa.C.S. § § 1103 and 1104 (relating to sentence of imprisonment for felony; and sentence of imprisonment for misdemeanors), the guideline sentence recommendation is capped at the statutory limit. For the purposes of the guidelines, the statutory limit is the longest legal minimum sentence, which is one-half the maximum period allowed by law.
(iv) Treatment alternatives, including medically assisted treatment and behavioral therapies when clinically appropriate, may be considered to address substance use, behavioral health issues, or developmental disorders or disability. The specialized jurisdiction of problem-solving courts, as authorized by 42 Pa.C.S. § 916 (relating to problem-solving courts), provide an avenue for the use of court-supervised individualized treatment programs and services. Other treatment programs, such as those described in § 303a.1(c) (relating to preliminary provisions), may be considered:
(A) Probation with restrictive conditions, including the use of clinically prescribed treatment, may be considered for eligible persons in lieu of recommendations for confinement in a county facility.
(B) Restrictive DUI probation conditions may be used to satisfy the mandatory minimum sentencing requirements for eligible persons.
(C) Persons committed to the Department may be recommended or made eligible by the court for certain correctional programs, including the State motivational boot camp program and the State drug treatment program.
(3) The sentencing levels and related standard range offense-specific sentence recommendations are described below:
(i) Level A, generally limited to restorative sanctions recommendations.
(A) The guidelines recommend consideration of the use of restorative sanctions, including restitution, fines, community service, or other authorized sanctions not requiring probation or confinement or limited to administrative probation. The use of restorative sanctions at this level, with a focus on reparations and restorative justice, supports the utilitarian purpose of restoration.
(B) Restorative sanctions recommendations include non-confinement and limited supervision alternatives such as:
(I) Guilt without further penalty when the court determines probation would be appropriate but unnecessary.
(II) A fine, within the limits provided by law, or any amount equal to double the pecuniary gain derived from the offense by the person, or the use of community service as a non-monetary alternative, as a restorative sanction may be ordered as a direct sentence or as a condition of administrative probation, subject to the defendant’s ability to pay. The fines/community service guidelines, included with each guideline sentence recommendation, provide a range of recommended community service hours; the comparable fine is determined by multiplying the number of hours recommended by the person’s hourly wage, or by the current minimum wage.
(III) Restitution as a mandatory requirement. The court is required to order the person to compensate the victim for damage or injury sustained because of the offense. Restitution as a restorative sanction may be ordered as a direct sentence, or upon consideration of the defendant’s ability to pay, as a condition of administrative probation.
(IV) Administrative probation in limited circumstances as necessary to fulfill court-ordered obligations for a period not to exceed six months.
(ii) Level B, limited to probation recommendations.
(A) The guidelines recommend consideration of the use of probation to provide community supervision with the minimal control necessary to fulfill court-ordered obligations. The use of probation at this level, with consideration of restorative sanctions, supports the utilitarian purposes of rehabilitation and restoration.
(B) Probation recommendations include:
(I) The use of general probation, not to exceed two years and as provided, with general conditions; and the consideration of fines/community service or other restorative sanctions as general conditions of general probation.
(II) The use of probation, not to exceed two years and as designated, with restrictive conditions for a period less than three months and as designated (RC) for persons with greater criminal history, to increase the intensity of supervision and services; and the consideration of fines/community service or other restorative sanctions as general conditions of probation.
(iii) Level C, limited to confinement in a county facility, while providing for the use of probation with restrictive conditions as an alternative when eligible and appropriate.
(A) The guidelines recommend consideration of confinement in a county facility, or an equivalent period of restrictive conditions of probation, with the court retaining jurisdiction of the case. The use of county confinement with the court authorized to consider county programs and county parole, or in the alternative, the court having the discretion to use probation with restrictive conditions to provide community supervision and/or treatment, supports multiple utilitarian purposes including deterrence, rehabilitation, and restoration.
(B) Confinement recommendations include:
(I) The use of confinement consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the person.
(II) The use of confinement in a county facility, with a minimum term less than 12 months and as designated, and a maximum term of less than 24 months; with the court authorized to consider a county reentry program or partial release program as provided in § 303a.1(c), and county parole pursuant to 42 Pa.C.S. § 9776 (relating to judicial power to release inmates).
(III) Unless otherwise designated, the range of months in the standard range refers to the recommended minimum term of confinement.
(C) Probation with restrictive conditions recommendations include:
(I) Consideration of the eligibility requirements, as provided in § 303a.1(c), for the use of county intermediate punishment programs as restrictive conditions of probation.
(II) The use of probation, not to exceed two years and as designated, with restrictive conditions for a period less than 12 months and as designated (RC) for persons with greater criminal history, to increase the intensity of supervision and services; and the consideration of fines/community service or other restorative sanctions as general conditions of probation.
(III) Unless otherwise designated, the range of months in the standard range refers to the recommended period of restrictive conditions.
(iv) Level D, while recommending confinement in a State facility, provides for confinement in a county facility when authorized by statute or the use of probation with restrictive conditions when eligible and appropriate.
(A) The guidelines recommend consideration of confinement in a State facility with consideration of certain correctional programs; or if authorized by statute, confinement in a county facility, with the court authorized to consider county programs and county parole; or the use of probation with restrictive conditions as an alternative to or in combination with confinement in a county facility to provide community supervision and/or treatment. The use of confinement, with consideration of sentencing and correctional programs, supports multiple utilitarian purposes including incapacitation, deterrence, rehabilitation, and restoration.
(B) Confinement recommendations include:
(I) The use of confinement consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the person.
(II) The use of confinement in a State facility, with a minimum term of 12 months or more but less than 30 months and as provided in 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement), and a maximum term of less than 60 months; with the court authorized to determine the eligibility and appropriateness of specified Department programs as provided in § 303a.1(c); and with parole authority under the jurisdiction of the Board pursuant to 61 Pa.C.S. § 6132 (relating to specific powers of board involving offenders).
(III) The use of confinement in a county facility, with a minimum term of 12 months or more but less than 30 months and as provided in 42 Pa.C.S. § 9762, and a maximum term of less than 60 months; with the court authorized to consider a county reentry program or partial release program as provided in § 303a.1(c), and county parole pursuant to 42 Pa.C.S. § 9776.
(IV) Unless otherwise designated, the range of months in the standard range refers to the recommended minimum term of confinement.
(v) Level E, limited to confinement in a State facility.
(A) The guidelines recommend consideration of confinement in a State facility with consideration of certain correctional programs. While rehabilitation and restoration are under consideration at all levels, the primary utilitarian purposes of confinement at Level E are incapacitation and deterrence.
(B) Confinement recommendations include:
(I) The use of confinement consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the person.
(II) The use of confinement in a State facility, with a minimum term of 30 months or more recommended, including consideration of the statutory limit for PRS 4, with the maximum term at least double the minimum term as provided in 42 Pa.C.S. § 9756 (relating to sentence of total confinement); with the court authorized to determine the eligibility and appropriateness of specified Department programs as provided in § 303a.1(c); and with parole authority under the jurisdiction of the Board pursuant to 61 Pa.C.S. § 6132.
(III) Unless otherwise designated, the range of months in the standard range refers to the recommended minimum term of confinement.
(vi) Level F, limited to confinement in a State facility for offenses with a statutory maximum greater than 20 years.
(A) The guidelines recommend consideration of confinement in a State facility with consideration of certain correctional programs. While rehabilitation and restoration are under consideration at all levels, the primary utilitarian purposes of confinement at Level F are incapacitation and deterrence.
(B) Confinement recommendations include:
(I) The use of confinement consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the person.
(II) The use of confinement in a State facility, with a minimum term of 90 months or more recommended, including consideration of the statutory limit for PRS 4, with a maximum term at least double the minimum term as provided in 42 Pa.C.S. § 9756; with the court authorized to determine the eligibility and appropriateness of specified Department programs as provided in § 303a.1(c); and with parole authority under the jurisdiction of the Board pursuant to 61 Pa.C.S. § 6132.
(III) Unless otherwise designated, the range of months in the standard range refers to the recommended minimum term of confinement.
(vii) Level G, limited to confinement in a State facility for the offense of murder of the third degree, which has a statutory maximum of 40 years.
(A) The guidelines recommend consideration of confinement in a State facility with consideration of certain correctional programs. While rehabilitation and restoration are under consideration at all levels, the primary utilitarian purposes of confinement at Level G are incapacitation and deterrence.
(B) Confinement recommendations include:
(I) The use of confinement consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the person.
(II) The use of confinement in a State facility, with a minimum term standard range recommendation of no less than 72 months and including the statutory limit of 240 months; with a maximum term at least double the minimum term as provided in 42 Pa.C.S. § 9756; with the court authorized to determine the eligibility and appropriateness of specified Department programs as provided in § 303a.1(c); and with parole authority under the jurisdiction of the Board pursuant to 61 Pa.C.S. § 6132.
(III) Because of the wide range of circumstances contributing to convictions for murder of the third degree, the Commission has provided an extraordinarily wide standard range for consideration by the court, with a lower limit of 72 months and an upper limit of 240 months, which is the statutory limit. An enhancement, which increases the lower limit to 90 months, applies when the victim is less than 13 years of age. To refine future guidelines and promote greater proportionality and uniformity in sentencing, the Commission requires the court to report reasons for all sentences imposed for murder of the third degree.
(IV) Unless otherwise designated, the range of months in the standard range refers to the recommended minimum term of confinement.
(viii) Level H, limited to confinement in a State facility for the offenses of murder of the first degree and murder of the second degree.
(A) Level H includes convictions for which the penalty is the same as the penalty for murder of the first degree or murder of the second degree, including but not limited to:
(I) 18 Pa.C.S. § 2507 (relating to criminal homicide of law enforcement officer).
(II) 18 Pa.C.S. § 2604 (relating to murder of unborn child).
(III) 18 Pa.C.S. § 2716 (relating to weapons of mass destruction).
(IV) 18 Pa.C.S. § 3301 (relating to arson and related offenses).
(B) The following three age categories apply:
(I) Persons 18 years of age or older at the time of the offense;
(II) Persons 15 years of age or older but less than 18 years of age at the time of the offense; and
(III) Persons 10 years of age or older but less than 15 years of age at the time of the offense.
(C) If person is under 18 years of age at the time of the offense and the conviction occurred after June 24, 2012, the court shall consider the recommendations provided in Level H. The court has no authority to impose a sentence less than that required by the mandatory minimum provision established in statute and may impose a minimum sentence up to and including life (18 Pa.C.S. § 1102.1 (relating to sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer)).
(D) The statute requires confinement in a State facility, and the mandatory minimum requirements provide the lower limit of the recommendations in Level H, with recommendations increasing based on criminal history. While rehabilitation and restoration are under consideration at all levels, the primary utilitarian purposes of confinement at Level H are incapacitation and deterrence.
(E) Confinement recommendations include:
(I) The use of confinement consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the person.
(II) The use of confinement in a State facility, for those under 18 years of age at the time of the offense, considers the mandatory minimum sentencing requirements and criminal history in determining the minimum sentence recommendation. The maximum sentence authorized by statute is life, including life without the possibility of parole (LWOP), but excluding the death penalty. When sentenced to a minimum term of less than LWOP, parole authority is under the jurisdiction of the Board pursuant to 61 Pa.C.S. § 6132.
(III) The use of confinement in a State facility, for those 18 years or age or older at the time of the offense, penalties are limited to LWOP or death.
(F) Unless otherwise designated, the range of months in the standard range refers to the recommended minimum term of confinement.
Cross References This section cited in 204 Pa. Code § 303a.1 (relating to preliminary provisions); and 204 Pa. Code § 303a.2 (relating to guideline sentencing standards).
§ 303a.6. Aggravated and mitigated circumstances.
(a) Aggravated and mitigated ranges. As required by 42 Pa.C.S. § 2154(b)(4) (relating to adoption of guidelines for sentencing), the sentencing guidelines provide aggravated and mitigated ranges as variations from the standard range on account of aggravating and mitigating circumstances.
(b) Conformity to the guidelines. A sentence imposed in the standard range, aggravated range, or mitigated range is considered a sentence within the guidelines. A sentence imposed with a disposition or duration more severe than the aggravated range recommendation, less severe than the mitigated range recommendation, or without consideration of applicable guideline sentencing standards, is considered a departure from the guidelines.
(c) Aggravated ranges. When the court determines that aggravating circumstances are present, the court may consider the aggravated range of the sentencing guidelines. The aggravated range is determined by adding the designated number of months listed on the sentencing matrix (AGG/MIT column), located in § 303a.14 (relating to sentencing matrix), to the top of the standard range recommendation as follows:
(1) At Level A, the aggravated range is determined by adding three months of general probation to the top of the standard range recommendation. When the top of the standard range recommendation is RS, the aggravated range recommendation is any period of general probation up to and including three months of general probation; when the top of the standard range recommendation is six months of general probation, the aggravated range recommendation is any period of general probation greater than six months up to and including nine months of general probation.
(2) At Level B, the aggravated range is determined by adding six months of general probation to the standard range recommendation. When the standard range recommendation is 6 months of general probation, the aggravated range recommendation is a period of general probation greater than 6 months up to and including 12 months of general probation; when the standard range recommendation is 24 months of general probation, the aggravated range recommendation is any period of general probation greater than 24 months up to and including 30 months of general probation. The use of confinement or restrictive conditions, for a period longer than designated in the standard range recommendation, is a procedural departure from the guidelines.
(3) At Level C through Level H, the aggravated range recommendation is determined by adding the number of months of confinement designated below to the top of the standard range recommendations:
(i) Level C = 3 months.
(ii) Level D = 6 months.
(iii) Level E = 9 months.
(iv) Level F = 12 months.
(v) Level G = no aggravated range (standard range includes the statutory limit).
(vi) Level H = 24 months.
(4) As an example, when the top of the standard range recommendation is a minimum term of confinement of four months (Level C), the aggravated range recommendation is a minimum term of confinement of greater than four months up to and including a minimum term of confinement of seven months; when the top of the standard range recommendation is a minimum term of confinement of 60 months (Level E), the aggravated range recommendation is a minimum term of confinement of greater than 60 months up to and including a minimum term of confinement of 69 months.
(5) When the guideline sentence recommendation is higher than the statutory limit, the statutory limit shall be the upper limit of the aggravated range.
(d) Mitigated ranges. When the court determines that mitigating circumstances are present, the court may consider the mitigated range of the sentencing guidelines. The mitigated range is determined by subtracting the designated number of months listed on the sentencing matrix (AGG/MIT column), located in § 303a.14, from the bottom of the standard range recommendation as follows:
(1) At Level A, there is no mitigated range, since the bottom of the standard range is restorative sanctions, which excludes general probation.
(2) At Level B, the mitigated range is determined by subtracting six months of general probation from the standard range recommendation. When the standard range recommendation is 6 months of general probation, the mitigated range recommendation is RS or any period of general probation less than 6 months; when the standard range recommendation is 24 months of general probation, the mitigated range recommendation is any period of general probation of 18 months or greater but less than 24 months of general probation. When the standard range recommendation is a minimum of one month restrictive conditions (RC), the mitigated range recommendation of RC is no RC to less than one month RC.
(3) At Level C through Level H, the mitigated range recommendation is determined by subtracting the number of months of confinement designated below from the bottom of the standard range recommendations:
(i) Level C = 3 months.
(ii) Level D = 6 months.
(iii) Level E = 9 months.
(iv) Level F = 12 months.
(v) Level G = 12 months.
(vi) Level H = 24 months.
(4) As an example, when the bottom of the standard range recommendation is a minimum term of confinement of 3 months or less (Level C), the mitigated range recommendation is RS; when the bottom of the standard range recommendation is a minimum term of confinement of 60 months (Level E), the mitigated range recommendation is a minimum term of confinement of 51 months or greater but less than 60 months.
(5) When the guideline sentence recommendation is lower than the sentence required by a mandatory sentencing statute, the mandatory minimum sentence shall be the lower limit of the mitigated range.
(e) Departures from the guidelines. Any sentence imposed with a disposition or duration more severe than the aggravated range recommendation is considered a departure above the guidelines. Any sentence imposed with a disposition or duration less severe that the mitigated range recommendation is considered a departure below the guidelines. Any sentence imposed without consideration of applicable guideline sentencing standards, such as completion of a diagnostic assessment for use of certain restrictive conditions of probation, is considered a procedural departure.
(f) Reasons for sentence.
(1) When the court imposes a sentence for murder of the third degree, or imposes a sentence in the aggravated or mitigated range, or imposes a sentence that is a departure from the guidelines, the court shall state on the record and report to the Commission a reason or reasons for the sentence. The court may consider, but is not limited to the following:
(i) Nature and circumstances of the offense:
(A) Neither caused nor threatened serious harm.
(B) Conduct substantially influenced by another person.
(C) Acted under strong provocation.
(D) Substantial grounds to justify conduct.
(E) Role in offense.
(F) Purity of controlled substance.
(G) Abuse of position of trust.
(H) Vulnerability of victim.
(I) Temporal pattern.
(J) Offense pattern.
(K) Multiple offenses in a criminal incident.
(ii) History and character of the person:
(A) No history of criminal conduct.
(B) Substantial period of law-abiding behavior.
(C) Circumstances unlikely to recur.
(D) Likely to respond affirmatively to probation.
(E) Imprisonment would entail excessive hardship.
(F) Accepts responsibility.
(G) Provides substantial assistance.
(H) Compensated victim or community.
(I) Character and attitude.
(J) Treatment for substance abuse, behavioral health issues, or developmental disorders or disability.
(2) Unless otherwise prohibited by statute, the consideration of validated assessments of risk, needs and responsivity, or clinical evaluations may be considered to guide decisions related to the intensity of intervention, use of restrictive conditions, and duration of community supervision.
(3) Adequacy of the prior record score. The court may consider at sentencing prior convictions, juvenile adjudications, or dispositions not counted in the calculation of the PRS, in addition to other factors deemed appropriate by the court.
(g) Reporting of reasons. When the court imposes a sentence for murder of the third degree, or imposes an aggravated or mitigated sentence, or imposes a sentence that is a departure from the guidelines, the court shall include the reasons on the guideline sentence form, and electronically transmit the information to the Commission in the manner described § 303a.2 (relating to guideline sentencing standards).
Cross References This section cited in 204 Pa. Code § 303a.2 (relating to guideline sentencing standards).
§ 303a.7. Judicial proceeding considerations.
(a) General provisions. Judicial proceeding considerations are provided to address the imposition of multiple sentences, encouraging practices that promote greater consistency in the use of concurrent or consecutive sentences, and promote consideration of various sentencing and correctional programs.
(b) Concurrent and consecutive sentences. As provided in 42 Pa.C.S. § 9721(a) (relating to sentencing generally), the court may impose one or more sentencing alternatives consecutively or concurrently. When a judicial proceeding includes sentences for multiple convictions, the court is encouraged to consider the imposition of concurrent sentences for lesser conviction offenses within the same criminal incident. Exceptions include:
(1) Sentences for crimes of violence, and for convictions involving sexual assault, domestic violence, and vulnerable victims.
(2) Consecutive sentences when required by law, including but not limited to:
(i) 18 Pa.C.S. § 2703(b) (relating to assault by prisoner).
(ii) 42 Pa.C.S. § 9711.1(c) (relating to sentencing for certain murders of infant persons).
(iii) 42 Pa.C.S. § 9718.5 (relating to mandatory period of probation for certain sexual offenders).
(iv) 61 Pa.C.S. § 6137.2 (relating to reentry supervision).
(v) 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).
(vi) 75 Pa.C.S. § 3804(c.2) and (c.3) (relating to penalties).
(3) Proceedings in which there are multiple crime victims, or multiple criminal incidents.
(4) Circumstances for which a longer sentence is warranted to address treatment needs.
(c) Consecutive sentences of total confinement. As provided in 42 Pa.C.S. § 9757 (relating to consecutive sentences of total confinement for multiple offenses), when the court determines that a sentence should be imposed consecutive to one being then imposed or one previously imposed, the court shall indicate the minimum sentence to be served for the total of all offenses; the minimum sentence shall not exceed one-half of the maximum sentence imposed. For purposes of the guidelines, the total confinement sentence imposed during the judicial proceeding shall be considered the aggregate confinement sentence.
(d) Consideration of sentencing and correctional programs. When the aggregate confinement sentence authorizes the use of a county facility, the court is encouraged to consider a county reentry program or partial release program as provided in § 303a.1(c) (relating to preliminary provisions), and county parole pursuant to 42 Pa.C.S. § 9776 (relating to judicial power to release inmates). When the aggregate confinement sentence authorizes the use of a State facility, the guidelines encourage the court to determine the eligibility and appropriateness of the specified Department programs provided in § 303a.1(c); parole authority in such cases is under the jurisdiction of the Board pursuant to 61 Pa.C.S. § 6132 (relating to specific powers of board involving offenders).
(e) Consecutive sentences of probation. Unless otherwise provided, the court is encouraged to limit the aggregate term of probation imposed during a judicial proceeding to no more than five years; and that the duration of the restrictive conditions of probation, or a combination of confinement without parole, as provided in 42 Pa.C.S. § § 9755(h) and 9756(c.1) (relating to sentence of partial confinement; and sentence of total confinement), and restrictive conditions of probation, not exceed the aggregate months of confinement recommended in the sentencing guidelines.
Cross References This section cited in 204 Pa. Code § 303a.2 (relating to guideline sentencing standards).
§ 303a.8. Effective dates of sentencing guidelines editions.
Effective Date Sentencing Guidelines Edition 07-22-1982 First Edition 06-03-1983 —Amendment 1 01-02-1986 —Amendment 2 06-05-1986 Second Edition 04-25-1988 Third Edition 08-09-1991 —Revised 12-20-1991 —Revised, Amendment 1 08-12-1994 Fourth Edition 06-13-1997 Fifth Edition
06-03-2005 Sixth Edition 12-05-2008 —Revised 12-28-2012 Seventh Edition 09-27-2013 —Amendment 1 09-26-2014 —Amendment 2 09-25-2015 —Amendment 3 01-01-2018 —Amendment 4 06-01-2018 —Amendment 4, Supplement 01-01-2020 —Amendment 5 01-01-2021 —Amendment 6 01-01-2024 Eighth Edition All editions of the sentencing guidelines are posted on the Commission’s web site and are available upon request.
Cross References This section cited in 204 Pa. Code § 303a.2 (relating to guideline sentencing standards).
§ 303a.9. Offense listing (OGS/POG assignments).
18 Pa.C.S. § Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements PART I 901 Criminal attempt (inchoate) 18 Pa.C.S. § 905 F-1 (-1) 902 Criminal solicitation (inchoate) 18 Pa.C.S. § 905 F-1 (-1) 903 Criminal conspiracy (inchoate) 18 Pa.C.S. § 905 F-1 (-1) 908(a) Prohibited offensive weapons M-1 6 POG1 908.1(a)(1) Use electric incapacitation device (intent to commit felony) F-2 12 POG3 908.1(a)(2) Possess electric incapacitation device (intent to commit felony) F-2 10 POG3 908.1(a)(2) Possess electric incapacitation device (no intent to commit felony) M-1 6 POG1 910(a)(1)(i) Manufacture/etc.-device for theft of telecommunications (›50 devices) F-2 12 POG3 910(a)(1)(i) Manufacture/etc.-device for theft of telecommunications (3rd/subsq off) F-2 13 POG3 910(a)(1)(ii) Manufacture/etc.-device to conceal telecommunications (›50 devices) F-2 12 POG3 910(a)(1)(ii) Manufacture/etc.-device to conceal telecommunications (3rd/subsq off) F-2 13 POG3 910(a)(2)(i) Sell/etc. unlawful telecommunications device (›50 devices) F-2 12 POG3 910(a)(2)(i) Sell/etc. unlawful telecommunications device (3rd/subsq off) F-2 13 POG3 910(a)(2)(ii) Sell/etc. material for unlawful telecommunications device (›50 devices) F-2 12 POG3 910(a)(2)(ii) Sell/etc. material for unlawful telecommunications device (3rd/subsq) F-2 13 POG3 911(b)(1) Corrupt organizations F-1 13 POG3 911(b)(2) Corrupt organizations-interest in/control of enterprise F-1 13 POG3 911(b)(3) Corrupt organizations-employee participation F-1 13 POG3 911(b)(4) Corrupt organizations-conspire F-1 13 POG3 PART II ARTICLE A 2103 Insults to national or Commonwealth flag M-2 3 POG1 PART II ARTICLE B 2502 Inchoate —Attempt/solicitation/conspiracy to murder (SBI) 18 Pa.C.S. § 1102(c) 26 POG4 2502 Inchoate —Attempt/solicitation/conspiracy to murder (No SBI) 18 Pa.C.S. § 1102(c) 24 POG4 2502(a) Murder-1st degree Murder of 1st Degree H6 POG4 2502(a) Murder-1st degree (offender 15-‹18 yrs.) Murder of 1st Degree H4 POG4 2502(a) Murder-1st degree (offender ‹15 yrs.) Murder of 1st Degree H2 POG4 2502(b) Murder-2nd degree Murder of 2nd Degree H5 POG4 2502(b) Murder-2nd degree (offender 15-‹18 yrs.) Murder of 2nd Degree H3 POG4 2502(b) Murder-2nd degree (offender ‹15 yrs.) Murder of 2nd Degree H1 POG4 2502(c) Murder-3rd degree F-1 G1 POG4 2502(c)* Murder-3rd degree (victim ‹13 yrs.) F-1 G2 POG4 2502(c)* Murder-3rd degree (committed in association with a criminal gang) F-1 G2 POG4 2502(c)* Murder-3rd degree (involving domestic violence) F-1 G2 POG4 2503(a)(1) Voluntary manslaughter (provocation from victim) F-1 19 POG4 2503(a)(2) Voluntary manslaughter (provocation from another) F-1 19 POG4 2503(b) Voluntary manslaughter (believe justified) F-1 19 POG4 2504(a) Involuntary manslaughter (victim ‹12 yrs.) F-2 13 POG3 2504(a)* Involuntary manslaughter (with DUI conviction) M-1 12 POG3 2504(a)* Involuntary manslaughter (with BUI conviction) M-1 12 POG3 2504(a)* Involuntary manslaughter M-1 10 POG3 2505(a) Suicide, causing (as homicide/murder 1) Murder of 1st Degree H6 POG4 2505(a) Suicide, causing (as homicide/murder 1) (offender 15-‹18 yrs.) Murder of 1st Degree H4 POG4 2505(a) Suicide, causing (as homicide/murder 1) (offender ‹15 yrs.) Murder of 1st Degree H2 POG4 2505(a) Suicide, causing (as homicide/murder 2) Murder of 2nd Degree H5 POG4 2505(a) Suicide, causing (as homicide/murder 2) (offender 15-‹18 yrs.) Murder of 2nd Degree H3 POG4 2505(a) Suicide, causing (as homicide/murder 2) (offender ‹15 yrs.) Murder of 2nd Degree H1 POG4 2505(a) Suicide, causing (as homicide/murder 3) F-1 G1 POG4 2505(a)* Suicide, causing (as homicide/murder 3) (‹18/disability/autism) F-1 G2 POG4 2505(a) Suicide, causing (as homicide/vol. manslaughter) F-1 19 POG4 2505(a)* Suicide, causing (as homicide/vol. manslaughter) (‹18/disability/autism) F-1 20 POG4 2505(a) Suicide, causing (as homicide/invol. manslaughter) M-1 11 POG3 2505(a)* Suicide, causing (as homicide/invol. manslaughter) (‹18/disability/autism) M-1 12 POG3 2505(a) Suicide, causing (as homicide/invol. manslaughter) (victim ‹12 yrs.) F-2 13 POG3 2505(a)* Suicide, causing (as homicide/invol. manslaughter) (victim ‹12 yrs.) (‹18/disability/autism) F-2 14 POG3 2505(a) Suicide, causing (as homicide/invol. manslaughter) (w/ DUI or BUI conviction) M-1 12 POG3 2505(a)* Suicide, causing (as homicide/invol. manslaughter) (w/ DUI or BUI conviction) (‹18/disability/autism) M-1 13 POG3 2505(b)* Suicide, aiding or soliciting (positive result) (‹18/disability/autism) F-2 12 POG3 2505(b) Suicide, aiding or soliciting (no result) M-2 3 POG1 2505(b)* Suicide, aiding or soliciting (no result) (‹18/disability/autism) M-2 4 POG1 2506(a) Drug delivery resulting in death F-1 22 POG4 2507 Inchoate —Attempt/solicitation/conspiracy to murder of law enforcement officer (SBI) 18 Pa.C.S. § 1102(c) 26 POG4 2507 Inchoate —Attempt/solicitation/conspiracy to murder of law enforcement officer (No SBI) 18 Pa.C.S. § 1102(c) 24 POG4 2507(a) Murder of law enforcement officer-1st degree Murder of 1st Degree H6 POG4 2507(a) Murder of law enforcement officer-1st degree (offender 15-‹18 yrs.) Murder of 1st Degree H4 POG4 2507(a) Murder of law enforcement officer-1st degree (offender ‹15 yrs.) Murder of 1st Degree H2 POG4 2507(b) Murder of law enforcement officer-2nd degree Murder of 2nd Degree H5 POG4 2507(b) Murder of law enforcement officer-2nd degree (offender 15-‹18 yrs.) Murder of 2nd Degree H3 POG4 2507(b) Murder of law enforcement officer-2nd degree (offender ‹15 yrs.) Murder of 2nd Degree H1 POG4 2507(c)(1)(i) Manslaughter of law enforcement officer (1st degree/provocation by victim) F-1 20 POG4 2507(c)(1)(ii) Manslaughter of law enforcement officer (1st degree/provocation by another) F-1 20 POG4 2507(c)(2) Manslaughter of law enforcement officer (1st degree/believe justified) F-1 20 POG4 2507(d) Manslaughter of law enforcement officer (2nd degree) F-2 14 POG4 2604 Inchoate —Attempt/solicitation/conspiracy to murder of unborn child (SBI) 18 Pa.C.S. § 1102(c) 26 POG4 2604 Inchoate —Attempt/solicitation/conspiracy to murder of unborn child (No SBI) 18 Pa.C.S. § 1102(c) 24 POG4 2604(a)(1) Murder of unborn child-1st degree Murder of 1st Degree H6 POG4 2604(a)(1) Murder of unborn child-1st degree (offender 15-‹18 yrs.) Murder of 1st Degree H4 POG4 2604(a)(1) Murder of unborn child-1st degree (offender ‹15 yrs.) Murder of 1st Degree H2 POG4 2604(b)(1) Murder of unborn child-2nd degree Murder of 2nd Degree H5 POG4 2604(b)(1) Murder of unborn child-2nd degree (offender 15-‹18 yrs.) Murder of 2nd Degree H3 POG4 2604(b)(1) Murder of unborn child-2nd degree (offender ‹15 yrs.) Murder of 2nd Degree H1 POG4 2604(c)(1) Murder of unborn child-3rd degree F-1 G2 POG4 2605(a)(1) Voluntary manslaughter of unborn child (provocation from mother) F-1 19 POG3 2605(a)(2) Voluntary manslaughter of unborn child (provocation from another) F-1 19 POG3 2605(b) Voluntary manslaughter of unborn child (believe justified) F-1 19 POG3 2606(a)* Aggravated assault of unborn child (causes SBI) F-1 20 POG4 2606(a)* Aggravated assault of unborn child (attempts to cause SBI) F-1 18 POG4 2701(a)(1) Simple assault-attempt/cause BI M-2 7 POG1 2701(a)(1)* Simple assault-cause BI (against child ‹12 by adult ›=18) M-1 9 POG3 2701(a)(1)* Simple assault-attempt BI (against child ‹12 by adult ›=18) M-1 8 POG3 2701(a)(1) Simple assault-attempt/cause BI (mutual consent) M-3 5 POG1 2701(a)(2) Simple assault-cause BI w/ deadly weapon M-2 7 POG1 2701(a)(2) Simple assault-cause BI w/ deadly weapon (against child ‹12 by adult ›=18) M-1 9 POG3 2701(a)(2) Simple assault-cause BI w/ deadly weapon (mutual consent) M-3 5 POG1 2701(a)(3) Simple assault-cause fear of SBI M-2 7 POG1 2701(a)(3) Simple assault-cause fear of SBI (against child ‹12 by adult ›=18) M-1 8 POG3 2701(a)(3) Simple assault-cause fear of SBI (mutual consent) M-3 5 POG1 2701(a)(4) Simple assault-penetrate w/ hypodermic needle M-2 7 POG1 2701(a)(4) Simple assault-penetrate w/ hypodermic needle (against child ‹12 by adult ›=18) M-1 8 POG3 2701(a)(4) Simple assault-penetrate w/ hypodermic needle (mutual consent) M-3 5 POG1 2702(a)(1)* Aggravated assault-cause SBI F-1 18 POG4 2702(a)(1)* Aggravated assault-attempt SBI F-1 16 POG4 2702(a)(2)* Aggravated assault-cause SBI to police/enumerated persons F-1 19 POG4 2702(a)(2)* Aggravated assault-attempt SBI to police/enumerated persons F-1 17 POG4 2702(a)(3)* Aggravated assault-cause BI to police/enumerated persons F-2 12 POG3 2702(a)(3)* Aggravated assault-attempt BI to police/enumerated persons F-2 10 POG3 2702(a)(4)* Aggravated assault-cause BI w/ deadly weapon F-2 14 POG3 2702(a)(4)* Aggravated assault-attempt BI w/ deadly weapon F-2 12 POG3 2702(a)(5)* Aggravated assault-cause BI to teacher, etc. F-2 12 POG3 2702(a)(5)* Aggravated assault-attempt BI to teacher, etc. F-2 10 POG3 2702(a)(6) Aggravated assault-cause fear of SBI F-2 10 POG3 2702(a)(7) Aggravated assault-use tear gas/electronic device ag. police, etc. F-2 10 POG3 2702(a)(8)* Aggravated assault-cause BI (against child ‹6 by person ›=18) F-2 13 POG3 2702(a)(8)* Aggravated assault-attempt BI (against child ‹6 by person ›=18) F-2 11 POG3 2702(a)(9)* Aggravated assault-cause SBI (against child ‹13 by person ›=18) F-1 20 POG3 2702(a)(9)* Aggravated assault-attempt SBI (against child ‹13 by person ›=18) F-1 18 POG3 2702.1(a)(1) Assault of law enforcement officer-discharge firearm (cause BI) F-1 28 POG4 2702.1(a)(1) Assault of law enforcement officer-discharge firearm (attempt BI) F-1 27 POG4 2702.1(a)(2) Assault of law enforcement officer-cause/attempt contact with blood, seminal fluid, saliva, urine or feces F-3 10 POG3 2703(a)(1)(ii) Assault by prisoner-against employee deadly weapon/likely to cause BI F-2 12 POG3 2703(a)(3) Assault by prisoner-against employee with deadly weapon/likely SBI) F-1 17 POG3 2703.1 Aggravated harassment by prisoner F-3 10 POG2 2704 Assault by life prisoner Murder of 2nd Degree H5 POG4 2704 Inchoate —Attempt/solicitation/conspiracy to assault by life prisoner (SBI) 18 Pa.C.S. § 1102(c) 24 POG4 2704 Inchoate —Attempt/solicitation/conspiracy to assault by life prisoner (No SBI) 18 Pa.C.S. § 1102(c) 22 POG4 2705 Recklessly endangering another person M-2 7 POG1 2706(a)(1) Terroristic threats-intent to terrorize/divert from activities F-3 8 POG3 2706(a)(2) Terroristic threats-cause evacuation of building/divert from activities F-3 8 POG3 2706(a)(3) Terroristic threats-serious public inconvenience/divert from activities F-3 8 POG3 2707(b) Propulsion of missiles onto a roadway M-2 5 POG1 2707.1(a) Discharge of firearm into an occupied structure F-3 15 POG3 2709(a)(1) Harassment-subject other physical contact (prev. violation of order) M-3 5 POG1 2709(a)(2) Harassment-follow in public place (prev. violation of order) M-3 5 POG1 2709(a)(3) Harassment-course of conduct w/ no legitimate purpose (prev. violation of order) M-3 5 POG1 2709(a)(4) Harassment-lewd communication M-3 5 POG1 2709(a)(5) Harassment-repeated, anonymous communication M-3 5 POG1 2709(a)(6) Harassment-repeated communication: inconvenient hours M-3 5 POG1 2709(a)(7) Harassment-repeated communication: other M-3 5 POG1 2709.1(a)(1) Stalking-repeated acts to cause fear of BI (2nd/subsq off) F-3 10 POG3 2709.1(a)(1) Stalking-repeated acts to cause fear of BI (prior crime of violence) F-3 10 POG3 2709.1(a)(2) Stalking-course of conduct to cause fear of BI (2nd/subsq off) F-3 10 POG3 2709.1(a)(2) Stalking-course of conduct to cause fear of BI (prior crime of violence) F-3 10 POG3 2710 Ethnic intimidation 18 Pa.C.S. § 2710(b) (+2) 2712(a) Assault-sports official M-1 8 POG3 2713(a)(1) Neglect of care-dependent person-no treatment (cause death) F-1 18 POG3 2713(a)(1) Neglect of care-dependent person-no treatment (cause SBI) F-1 16 POG3 2713(a)(2) Neglect of care-dependent person-physical/chemical restraint (cause death) F-1 18 POG3 2713(a)(2) Neglect of care-dependent person-physical/chemical restraint (cause SBI) F-1 16 POG3 2713(a)(3) Neglect of care-dependent person-fails to provide treatment, care, goods, etc. (course of conduct) F-3 8 POG3 2713(a)(3) Neglect of care-dependent person-fails to provide treatment, care, goods, etc. M-2 5 POG1 2713.1(a)(2) Abuse of care-dependent person-offense under 18 § 2709.1 (relating to stalking) F-3 8 POG3 2713.1(a)(3) Abuse of care-dependent person-intent to ridicule/demean M-3 2 POG1 2714 Unauthorized administration of intoxicant F-3 12 POG3 2715(a)(3) Threat to use weapons of mass destruction-reports w/o knowledge (divert from activities) F-3 8 POG3 2715(a)(3) Threat to use weapons of mass destruction-reports w/o knowledge (during emergency) F-2 10 POG3 2715(a)(4) Threat to use weapons of mass destruction-threaten placement (divert from activities) F-3 10 POG3 2715(a)(4) Threat to use weapons of mass destruction-threaten placement (during emergency) F-2 10 POG3 2716(a) Weapons of mass destruction-possession (1st off) F-2 10 POG3 2716(a) Weapons of mass destruction-possession (2nd/subsq off) F-1 18 POG3 2716(b)(1) Weapons of mass destruction-use (cause death) Murder of 2nd Degree H5 POG4 2716(b)(1) Weapons of mass destruction-use (cause injury/illness) F-1 22 POG4 2716(b)(2) Weapons of mass destruction-use (cause damage/disrupt water/food) F-1 22 POG4 2716(b)(3) Weapons of mass destruction-use (cause evacuation of building etc.) F-1 22 POG4 2717 Terrorism 18 Pa.C.S. § 2717 (+2) POG4 2718(a)(1) Strangulation-applying pressure to throat or neck M-2 7 POG1 2718(a)(1) Strangulation-applying pressure to throat or neck F-2 13 POG4 2718(a)(1) Strangulation-applying pressure to throat or neck F-1 16 POG4 2718(a)(2) Strangulation-blocking nose and mouth M-2 7 POG1 2718(a)(2) Strangulation-blocking nose and mouth F-2 13 POG4 2718(a)(2) Strangulation-blocking nose and mouth F-1 16 POG4 2719(a)(1) Endangerment of public safety official-reckless disregard M-1 7 POG3 2719(a)(1) Endangerment of public safety official-reckless disregard (resulting in BI) F-2 11 POG3 2719(a)(2) Endangerment of public safety official-intent to threaten, intimidate, or facilitate the commission of a crime M-1 7 POG3 2719(a)(2) Endangerment of public safety official-intent to threaten, intimidate, or facilitate the commission of a crime (resulting in BI) F-2 11 POG3 2802(a)(1) Hazing a minor or student-violate federal or state criminal law (reasonable likelihood of BI) M-3 5 POG1 2802(a)(2) Hazing a minor or student-consume food, liquid, alcohol, drug, etc. (reasonable likelihood of BI) M-3 5 POG1 2802(a)(3) Hazing a minor or student-endure brutality of physical nature (reasonable likelihood of BI) M-3 5 POG1 2802(a)(4) Hazing a minor or student-endure brutality of mental nature (reasonable likelihood of BI) M-3 5 POG1 2802(a)(5) Hazing a minor or student-endure brutality of sexual nature (reasonable likelihood of BI) M-3 5 POG1 2802(a)(6) Hazing a minor or student-endure other activity (reasonable likelihood of BI) M-3 5 POG1 2803(a)(1)* Aggravated hazing a minor or student-reckless indifference (SBI) F-3 10 POG3 2803(a)(1)* Aggravated hazing a minor or student-reckless indifference (death) F-3 11 POG3 2803(a)(2)* Aggravated hazing a minor or student-causes, coerces or forces consumption of alcohol or drug (SBI) F-3 10 POG3 2803(a)(2)* Aggravated hazing a minor or student-causes, coerces or forces consumption of alcohol or drug (death) F-3 11 POG3 2901(a)(1) Kidnapping-for ransom (victim ›=18 yrs.) F-1 15 POG4 2901(a)(2) Kidnapping-to facilitate a felony (victim ›=18 yrs.) F-1 15 POG4 2901(a)(3) Kidnapping-to inflict terror, BI (victim ›=18 yrs.) F-1 15 POG4 2901(a)(4) Kidnapping-to interfere w/ performance of pub. official (victim ›=18 yrs.) F-1 15 POG4 2901(a.1)(1)* Kidnapping-minor, for ransom/etc. (victim 14-‹18 yrs.) F-1 16 POG4 2901(a.1)(1)* Kidnapping-minor, for ransom/etc. (victim ‹14 yrs.) F-1 17 POG4 2901(a.1)(2)* Kidnapping-minor, to facilitate felony (victim 14-‹18 yrs.) F-1 16 POG4 2901(a.1)(2)* Kidnapping-minor, to facilitate felony (victim ‹14 yrs.) F-1 17 POG4 2901(a.1)(3)* Kidnapping-minor, to inflict terror, BI (victim 14-‹18 yrs.) F-1 17 POG4 2901(a.1)(3)* Kidnapping-minor, to inflict terror, BI (victim ‹14 yrs.) F-1 17 POG4 2901(a.1)(4)* Kidnapping-minor, to interfere w/ pub. official (victim 14-‹18 yrs.) F-1 16 POG4 2901(a.1)(4)* Kidnapping-minor, to interfere w/ pub. official (victim ‹14 yrs.) F-1 17 POG4 2902(b)(1) Unlawful restraint-risk SBI (victim ‹18 yrs.) F-2 12 POG3 2902(b)(2) Unlawful restraint-involuntary servitude (victim ‹18 yrs.) F-2 12 POG3 2902(c)(1) Unlawful restraint by parent-risk SBI (victim ‹18 yrs.) F-2 12 POG3 2902(c)(2) Unlawful restraint by parent-involuntary servitude (victim ‹18 yrs.) F-2 12 POG3 2903(a) False imprisonment (victim ›=18 yrs.) M-2 6 POG1 2903(b) False imprisonment (victim ‹18 yrs.) F-2 12 POG3 2903(c) False imprisonment by parent (victim‹18 yrs.) F-2 10 POG3 2904(a) Interfere with custody of children-w/ reckless disregard F-2 12 POG3 2904(a)* Interfere with custody of children (parent/guardian) F-3 9 POG3 2904(a)* Interfere with custody of children F-3 9 POG3 2904(a)* Interfere with custody of children-good cause/time ‹24 hrs. (parent/guardian) M-2 7 POG1 2904(a)* Interfere with custody of children-good cause/time ‹24 hrs. M-2 7 POG1 2905(a) Interfere with custody of committed person M-2 6 POG1 2906(a)(1) Criminal coercion-threat to commit crime M-2 5 POG1 2906(a)(2) Criminal coercion-threat to accuse of crime M-2 5 POG1 2906(a)(3) Criminal coercion-threat to expose secret M-2 5 POG1 2906(a)(4) Criminal coercion-threaten official act M-2 5 POG1 2910(a) Luring a child into motor vehicle/structure (child ‹13 yrs.) F-2 13 POG3 3011(a)(1) Trafficking in individuals-recruits, entices, solicits, harbors, etc. F-1 15 POG4 E 3011(a)(1) Trafficking in individuals recruits, entices, solicits, harbors, etc. (minor being subjected to sexual servitude, course of conduct) (as provided in § 3011(b)) F-1 27 POG4 E 3011(a)(2) Trafficking in individuals-knowingly benefits financially F-1 15 POG4 E 3011(a)(2) Trafficking in individuals-knowingly benefits financially (minor being subjected to sexual servitude, course of conduct) (as provided in § 3011(b)) F-1 27 POG4 E 3011(a)(3) Trafficking in individuals-knows or recklessly disregards F-2 13 POG3 E 3011(a)(4) Trafficking in individuals-knowingly benefits financially F-2 13 POG3 E 3012(b)(1)* Involuntary servitude-cause serious harm F-1 15 POG3 E 3012(b)(1)* Involuntary servitude-threaten serious harm F-1 13 POG3 E 3012(b)(2)* Involuntary servitude- physically restrain another F-1 15 POG3 E 3012(b)(2)* Involuntary servitude-threaten to physically restrain another F-1 13 POG3 E 3012(b)(3)* Involuntary servitude-kidnap F-1 18 POG3 E 3012(b)(3)* Involuntary servitude-attempt to kidnap F-1 16 POG3 E 3012(b)(4)* Involuntary servitude-abuse legal process F-1 15 POG3 E 3012(b)(4)* Involuntary servitude-threaten to abuse legal process F-1 13 POG3 E 3012(b)(5) Involuntary servitude-taking/retaining personal property F-1 15 POG3 E 3012(b)(6) Involuntary servitude-unlawful conduct of documents F-1 15 POG3 E 3012(b)(7) Involuntary servitude-extortion F-1 15 POG3 E 3012(b)(8) Involuntary servitude-fraud F-1 15 POG3 E 3012(b)(9) Involuntary servitude-criminal coercion F-1 15 POG3 E 3012(b)(10) Involuntary servitude-duress through force F-1 15 POG3 E 3012(b)(10) Involuntary servitude-duress through threat of force F-1 13 POG3 E 3012(b)(11) Involuntary servitude-debt coercion F-1 15 POG3 E 3012(b)(12) Involuntary servitude-facilitate/restrict access to controlled substance F-1 15 POG3 E 3012(b)(13) Involuntary servitude-cause believe harm/restraint to another F-1 15 POG3 E 3013(a)(1)* Patronizing victim of sexual servitude F-1 15 POG3 3013(a)(1)* Patronizing victim of sexual servitude-minor victim F-1 18 POG3 3013(a)(2)(i)* Patronizing victim of sexual servitude-reckless disregard (1st offense) F-3 9 POG3 3013(a)(2)(i)* Patronizing victim of sexual servitude-reckless disregard; minor victim (1st offense) F-3 10 POG3 3013(a)(2)(ii)* Patronizing victim of sexual servitude-reckless disregard (2nd/subsq offense) F-1 14 POG3 3013(a)(2)(ii)* Patronizing victim of sexual servitude-reckless disregard: minor victim (2nd/subsq offense) F-1 16 POG3 3015(a)(1) Nonpayment of wages (‹$2,000) M-3 5 POG1 3016 Obstruction of justice-interfere with enforcement of Chapter 30 Same as corre-
sponding offense under 18 Pa.C.S. Chapter 30See § 303.3
(a)(3)(ii)3121(a)(1) Rape-forcible compulsion F-1 21 POG4 3121(a)(1) Rape-forcible compulsion (uses substance to impair) F-1 23 POG4 3121(a)(2) Rape-threat of forcible compulsion F-1 20 POG4 3121(a)(2) Rape-threat of forcible compulsion (uses substance to impair) F-1 23 POG4 3121(a)(3) Rape-unconscious victim F-1 21 POG4 3121(a)(3) Rape-unconscious victim (uses substance to impair) F-1 23 POG4 3121(a)(4) Rape-substantially impaired victim F-1 21 POG4 3121(a)(4) Rape-substantially impaired victim (uses substance to impair) F-1 23 POG4 3121(a)(5) Rape-mentally disabled victim F-1 21 POG4 3121(a)(5) Rape-mentally disabled victim (uses substance to impair) F-1 23 POG4 3121(c) Rape-child (victim ‹13 yrs.) F-1 27 POG4 3121(d) Rape-child w/ SBI (victim ‹13 yrs.) F-1 28 POG4 3122.1(a)(2) Statutory sexual assault-victim ‹16 yrs. (person 8-‹11 yrs. older) F-2 12 POG3 3123(a)(1) IDSI-forcible compulsion F-1 21 POG4 3123(a)(2) IDSI-threat of forcible compulsion F-1 20 POG4 3123(a)(3) IDSI-unconscious victim F-1 21 POG4 3123(a)(4) IDSI-substantially impaired victim F-1 21 POG4 3123(a)(5) IDSI-mentally disabled victim F-1 21 POG4 3123(a)(7) IDSI-victim ‹16 yrs. (person ›=4 yrs. older) F-1 21 POG4 3123(b) IDSI-child (victim ‹13 yrs.) F-1 27 POG4 3123(c) IDSI-child w/ SBI (victim ‹13 yrs.) F-1 28 POG4 3124.1 Sexual assault F-2 18 POG4 3124.2(a.1) Institutional sexual assault-minor (victim ‹18 yrs.) F-3 10 POG3 3124.2(a.2) Institutional sexual assault-by school volunteer/employee F-3 10 POG3 3124.2(a.3) Institutional sexual assault-by childcare volunteer/employee F-3 10 POG3 3124.2(a.4)(1) Institutional sexual assault by peace officer F-3 10 POG3 3124.2(a.4)(2) Institutional sexual assault by peace officer-child (victim ‹18) F-3 10 POG3 3124.2(a.6)(1) Institutional sexual assault by caretakers F-3 10 POG3 3125(a)(1) Aggravated indecent assault-w/o consent F-2 15 POG4 3125(a)(1) Aggravated indecent assault-of a child w/out consent (victim ‹13 yrs.) F-1 21 POG4 3125(a)(2) Aggravated indecent assault-forcible compulsion F-2 15 POG4 3125(a)(2) Aggravated indecent assault-of a child/forcible compulsion (victim ‹13 yrs.) F-1 20 POG4 3125(a)(3) Aggravated indecent assault-threat of forcible compulsion F-2 17 POG4 3125(a)(3) Aggravated indecent assault-of a child/threat of forcible compulsion (victim ‹13 yrs.) F-1 21 POG4 3125(a)(4) Aggravated indecent assault-unconscious victim F-2 16 POG4 3125(a)(4) Aggravated indecent assault-of a child/unconscious victim (victim ‹13 yrs.) F-1 21 POG4 3125(a)(5) Aggravated indecent assault-substantially impaired victim F-2 17 POG4 3125(a)(5) Aggravated indecent assault-of a child/substantially impaired victim (‹13 yrs.) F-1 21 POG4 3125(a)(6) Aggravated indecent assault-mentally disabled victim F-2 17 POG4 3125(a)(6) Aggravated indecent assault-of a child/mentally disabled victim (‹13 yrs.) F-1 21 POG4 3125(a)(7) Aggravated indecent assault-victim ‹13 yrs. F-2 17 POG4 3125(a)(8) Aggravated indecent assault-victim ‹16 yrs. (person ›=4 yrs. older) F-2 17 POG4 3126(a)(1) Indecent assault-w/o consent M-2 7 POG1 3126(a)(2) Indecent assault-forcible compulsion M-1 8 POG3 3126(a)(3) Indecent assault-threat of forcible compulsion M-1 8 POG3 3126(a)(4) Indecent assault-unconscious victim M-1 9 POG3 3126(a)(5) Indecent assault-substantially impaired victim M-1 9 POG3 3126(a)(6) Indecent assault-mentally disabled victim M-1 9 POG3 3126(a)(7) Indecent assault-victim ‹13 yrs. M-1 9 POG3 3126(a)(7) Indecent assault-victim ‹13 yrs. (2nd/subsq) F-3 12 POG3 3126(a)(7) Indecent assault-victim ‹13 yrs./course of conduct F-3 12 POG3 3126(a)(7) Indecent assault-victim ‹13 yrs./touching victim’s sexual parts w/ person’s F-3 11 POG3 3126(a)(7) Indecent assault-victim ‹13 yrs./touching person’s sexual parts w/ victim’s F-3 11 POG3 3126(a)(8) Indecent assault-victim ‹16 yrs. (person ›=4 yrs. older) M-2 8 POG1 3127(a) Indecent exposure M-2 7 POG1 3127(a) Indecent exposure-victim ‹16 yrs. M-1 8 POG3 3129 Sexual intercourse with animal M-2 5 POG1 3130(a)(1) Conduct relating to sex offenders-withhold information F-3 8 POG3 3130(a)(2) Conduct relating to sex offenders-harbor sex offender F-3 8 POG3 3130(a)(3) Conduct relating to sex offenders-conceal sex offender F-3 8 POG3 3130(a)(4) Conduct relating to sex offenders-provide false information F-3 8 POG3 3131(a) Unlawful dissemination of intimate image (person depicted is not minor =›18 yrs.) M-2 5 POG1 3132(a)(1) Female mutilation F-1 20 POG3 3132(a)(2) Female mutilation-is a parent of a minor and the parent knowingly consents or permits F-1 18 POG3 3132(a)(3) Female mutilation-knowingly removes or permits the removal of a minor from this Commonwealth F-1 18 POG3 3133(a)(1)* Sexual extortion-engage in sexual conduct M-1 7 POG3 E 3133(a)(1)* Sexual extortion-engage in sexual conduct: victim‹18 F-3 10 POG3 E 3133(a)(1)* Sexual extortion-engage in sexual conduct: intellectual disability F-3 10 POG3 E 3133(a)(1)* Sexual extortion-engage in sexual conduct: offender’s position F-3 10 POG3 E 3133(a)(1)* Sexual extortion-engage in sexual conduct: course of conduct F-3 9 POG3 E 3133(a)(1)* Sexual extortion-engage in sexual conduct: 2nd/subsq F-3 9 POG3 E 3133(a)(2)* Sexual extortion-produce/disseminate image, etc. M-1 7 POG3 E 3133(a)(2)* Sexual extortion-produce/disseminate image, etc.: victim‹18 F-3 10 POG3 E 3133(a)(2)* Sexual extortion-produce/disseminate image, etc.: intellectual disability F-3 10 POG3 E 3133(a)(2)* Sexual extortion-produce/disseminate image, etc.: offender’s position F-3 10 POG3 E 3133(a)(2)* Sexual extortion-produce/disseminate image, etc.: course of conduct F-3 9 POG3 E 3133(a)(2)* Sexual extortion-produce/disseminate image, etc.: 2nd/subsq F-3 9 POG3 E 3133(c)(1)* Sexual extortion-solicit/demand payment to remove/prevent disclosure of image, etc. M-1 7 POG3 E 3133(c)(1)* Sexual extortion-solicit/demand payment to remove/prevent disclosure of image, etc.: victim‹18 F-3 10 POG3 E 3133(c)(1)* Sexual extortion-solicit/demand payment to remove/prevent disclosure of image, etc.: intellectual disability F-3 10 POG3 E 3133(c)(1)* Sexual extortion-solicit/demand payment to remove/prevent disclosure of image, etc.: offender’s position F-3 10 POG3 E 3133(c)(1)* Sexual extortion solicit/demand payment to remove/prevent disclosure of image, etc.: course of conduct F-3 9 POG3 E 3133(c)(1)* Sexual extortion solicit/demand payment to remove/prevent disclosure of image, etc.: 2nd/subsq F-3 9 POG3 E 3133(c)(2)* Sexual extortion-threaten/disseminate image, etc. & demand payment for removal/prevent disclosure M-1 7 POG3 E 3133(c)(2)* Sexual extortion-threaten/disseminate image, etc. & demand payment for removal/prevent disclosure: victim‹18 F-3 10 POG3 E 3133(c)(2)* Sexual extortion-threaten/disseminate image, etc. & demand payment for removal/prevent disclosure: intellectual disability F-3 10 POG3 E 3133(c)(2)* Sexual extortion-threaten/disseminate image, etc. & demand payment for removal/prevent disclosure: offender’s position F-3 10 POG3 E 3133(c)(2)* Sexual extortion-threaten/disseminate image, etc. & demand payment for removal/prevent disclosure: course of conduct F-3 9 POG3 E 3133(c)(2)* Sexual extortion-threaten/disseminate image, etc. & demand payment for removal/prevent disclosure: 2nd/subsq F-3 9 POG3 E PART II ARTICLE C 3301(a)(1)(i)* Arson endangering persons-danger of death (person in building or BI results) F-1 15 POG4 E 3301(a)(1)(i)* Arson endangering persons-danger of death (no person in building and no BI) F-1 13 POG4 E 3301(a)(1)(i)* Arson endangering persons-danger of death (cause SBI to civilian) F-1 19 POG4 E 3301(a)(1)(i)* Arson endangering persons-danger of death (cause BI to firefighter, etc.) F-1 19 POG4 E 3301(a)(1)(ii)* Arson endangering persons-inhabited building (person in building or BI results) F-1 15 POG4 E 3301(a)(1)(ii)* Arson endangering persons-inhabited building (no person in building and no BI) F-1 13 POG4 E 3301(a)(1)(ii)* Arson endangering persons-inhabited building (cause SBI to civilian) F-1 19 POG4 E 3301(a)(1)(ii)* Arson endangering persons-inhabited building (cause BI to firefighter, etc.) F-1 19 POG4 E 3301(a)(2) Arson endangering persons-cause death w/ intent (murder-1st degree) Murder of 1st Degree H6 POG4 E 3301(a)(2) Arson endangering persons-cause death (murder-2nd degree) Murder of 2nd Degree H5 POG4 E 3301(a.1)(1)(i)* Aggravated arson-attempt BI to civilian F-1 15 POG4 E 3301(a.1)(1)(i)* Aggravated arson-cause BI to civilian F-1 19 POG4 E 3301(a.1)(1)(i)* Aggravated arson-attempt SBI to civilian F-1 18 POG4 E 3301(a.1)(1)(i)* Aggravated arson-cause SBI to civilian F-1 20 POG4 E 3301(a.1)(1)(i)* Aggravated arson-attempt BI to firefighter, etc. F-1 18 POG4 E 3301(a.1)(1)(i)* Aggravated arson-cause BI to firefighter, etc. F-1 20 POG4 E 3301(a.1)(1)(ii) Aggravated arson-other felony arson (when person present inside property) F-1 15 POG4 E 3301(a.1)(2) Aggravated arson-fire/ explosion causes death of any person Murder of 2nd Degree H5 POG4 E 3301(a.2)(1) Arson of historic resource-w/ intent (fire/explosion) F-2 10 POG3 3301(a.2)(2) Arson of historic resource-aids/pays (fire/explosion) F-2 10 POG3 3301(c)(1) Arson endangering property-intent to destroy unoccupied building F-2 9 POG3 3301(c)(2) Arson endangering property-endangers inhabited building F-2 9 POG3 3301(c)(3) Arson endangering property-intent to collect insurance F-2 9 POG3 3301(d)(1) Arson-reckless burning or exploding (endanger unoccupied building F-3 7 POG2 3301(d)(2) Arson-reckless burning or exploding (endanger property ›$5,000) F-3 7 POG2 3301(f) Arson-possess explosive material (intent to use) F-3 7 POG2 3302(a) Catastrophe-causing (intentionally) F-1 15 POG3 3302(a) Catastrophe-causing (recklessly) F-2 9 POG3 3302(b) Catastrophe-risking F-3 8 POG2 3303(1) Failure to prevent catastrophe-duty M-2 7 POG1 3303(2) Failure to prevent catastrophe-acted or assented to M-2 6 POG1 3304(a)(1) Criminal mischief-damage prop/intent/reckless/neglig. (›$5,000) F-3 7 POG2 3304(a)(1) Criminal mischief-damage prop/intent/reckless/neglig. (›$1,000) M-2 6 POG1 3304(a)(2) Criminal mischief-tamper w/ property (›$5,000) F-3 7 POG2 3304(a)(2) Criminal mischief-tamper w/ property (›$1,000) M-2 6 POG1 3304(a)(3) Criminal mischief-cause pecuniary loss (›$5,000) F-3 7 POG2 3304(a)(3) Criminal mischief-cause pecuniary loss (›$1,000) M-2 6 POG1 3304(a)(4) Criminal mischief-graffiti (›$5,000) F-3 7 POG2 3304(a)(4) Criminal mischief-graffiti (›$1,000) M-2 6 POG1 3304(a)(5) Criminal mischief-damage property (›$5,000) F-3 7 POG2 3304(a)(5) Criminal mischief-damage property (›$1,000) M-2 5 POG1 3304(a)(6) Criminal mischief-paintball (›$5,000) F-3 7 POG2 3304(a)(6) Criminal mischief-paintball (›$1,000) M-2 5 POG1 3307(a)(1) Institutional vandalism-place of worship (›$5,000 or desecration) F-3 7 POG2 3307(a)(1) Institutional vandalism-place of worship (‹=$5,000) M-2 7 POG1 3307(a)(2) Institutional vandalism-cemetery (›$5,000 or desecration) F-3 7 POG2 3307(a)(3) Institutional vandalism-school (›$5,000 or desecration) F-3 7 POG2 3307(a)(3) Institutional vandalism-school (‹=$5,000) M-2 7 POG1 3307(a)(3) Institutional vandalism-cemetery (‹=$5,000) M-2 7 POG1 3307(a)(4) Institutional vandalism-adjacent grounds (›$5,000 or desecration) F-3 7 POG2 3307(a)(4) Institutional vandalism-adjacent grounds (‹=$5,000) M-2 6 POG1 3307(a)(5) Institutional vandalism- personal property (›$5,000 or desecration) F-3 7 POG2 3307(a)(5) Institutional vandalism- personal property (‹=$5,000) M-2 6 POG1 3307(a.1) Institutional vandalism-possess marking device on property M-2 5 POG1 3309(a) Agricultural vandalism (›$5,000) F-3 7 POG2 3309(a) Agricultural vandalism (›$500) M-2 5 POG1 3310(a) Agricultural crop destruction F-2 10 POG3 3311 Ecoterrorism 18 Pa.C.S. § 3311 (+2) POG4 3312(a)(2) Destruction of survey monument-call boundary into question M-2 7 POG1 3313(a) Illegal dumping of methamphetamine waste F-3 7 POG2 3502(a)(1)(i)* Burglary-home/person present and bodily injury crime as defined in 18 Pa.C.S. § 3502(e) F-1 15 POG4 E 3502(a)(1)(ii) Burglary-home/person present F-1 13 POG4 E 3502(a)(2) Burglary-home/no person present F-1 10 POG3 E 3502(a)(3) Burglary-not a home/person present F-1 9 POG3 E 3502(a)(4) Burglary-not a home/no person present F-2 8 POG3 E 3502(a)(4) Burglary-not a home/no person present (commit theft of drugs) F-1 10 POG3 E 3503(a)(1)(i) Criminal trespass-buildings F-3 7 POG2 E 3503(a)(1)(ii) Criminal trespass-buildings (break in) F-2 8 POG3 E 3503(b)(1)(i) Criminal trespass-defiant (notice by communication) M-3 5 POG1 E 3503(b)(1)(ii) Criminal trespass-defiant (notice posted) M-3 5 POG1 E 3503(b)(1)(iii) Criminal trespass-defiant (notice by fencing) M-3 5 POG1 E 3503(b)(1)(iv) Criminal trespass-defiant (notice posted/school grounds) M-3 5 POG1 E 3503(b)(1)(v) Criminal trespass-defiant (communication/leave school grounds) M-1 7 POG1 E 3503(b.2)(1)(i) Criminal trespass-agricultural trespass (posted land) M-3 2 POG1 E 3503(b.2)(1)(ii) Criminal trespass-agricultural trespass (defies order) M-2 7 POG1 E 3503(b.3)(1)(i) Agricultural biosecurity trespass-enter w/o license M-3 2 POG1 E 3503(b.3)(1)(i) Agricultural biosecurity trespass-enter w/o license (damage plant/animal) M-1 7 POG1 E 3503(b.3)(1)(ii) Agricultural biosecurity trespass-fail to perform measure (damage plant/animal) M-1 7 POG1 E 3505(a)(3) Unlawful use of unmanned aircraft: intentionally or knowingly deliver, provide, transmit, furnish contraband F-2 10 POG3 3701(a)(1)(i) Robbery-inflicts SBI F-1 20 POG4 3701(a)(1)(i) Robbery-inflicts SBI (drug-related) F-1 22 POG4 3701(a)(1)(ii) Robbery-threatens SBI F-1 16 POG4 3701(a)(1)(ii) Robbery-threatens SBI (drug-related) F-1 19 POG4 3701(a)(1)(iii) Robbery-commit/threaten any F-1 or F-2 F-1 13 POG4 3701(a)(1)(iii) Robbery-commit/threaten any F-1 or F-2 (drug-related) F-1 16 POG4 3701(a)(1)(iv) Robbery-inflicts/threatens BI (drug-related) F-1 12 POG3 3701(a)(1)(v) Robbery-takes property by force F-3 8 POG2 3701(a)(1)(v) Robbery-takes property by force (drug-related) F-1 9 POG3 3702(a)* Robbery of motor vehicle-with SBI F-1 21 POG4 3702(a)* Robbery of motor vehicle-without SBI F-1 14 POG4 3921(a) Theft by unlawful taking-movable property (anhydrous ammonia) F-2 12 POG3 3921(a) Theft by unlawful taking-movable property (disaster) F-2 12 POG3 3921(a) Theft by unlawful taking-movable property (firearm) F-2 12 POG3 3921(a) Theft by unlawful taking-movable property (=›$500,000) F-1 12 POG3 3921(a) Theft by unlawful taking-movable property ($100,000-‹$500,000) F-2 10 POG3 3921(a)* Theft by unlawful taking-movable property (›$25,000-‹$100,000) F-3 9 POG2 3921(a)* Theft by unlawful taking-movable property (motorized vehicle) F-3 9 POG2 3921(a)* Theft by unlawful taking-movable property (›$2,000-$25,000) F-3 8 POG2 3921(a) Theft by unlawful taking-movable property ($200-$2,000/no threat) M-1 6 POG1 3921(a) Theft by unlawful taking-movable property ($50-‹$200/no threat) M-2 5 POG1 3921(b) Theft by unlawful taking-immovable property (anhydrous ammonia) F-2 12 POG3 3921(b) Theft by unlawful taking-immovable property (disaster) F-2 12 POG3 3921(b) Theft by unlawful taking-immovable property (firearm) F-2 12 POG3 3921(b) Theft by unlawful taking-immovable property (=›$500,000) F-1 12 POG3 3921(b) Theft by unlawful taking-immovable property ($100,000-‹$500,000) F-2 10 POG3 3921(b)* Theft by unlawful taking-immovable property (›$25,000-‹$100,000) F-3 9 POG2 3921(b)* Theft by unlawful taking-immovable property (motorized vehicle) F-3 9 POG2 3921(b)* Theft by unlawful taking-immovable property (›$2,000-$25,000) F-3 8 POG2 3921(b) Theft by unlawful taking-immovable property ($200-$2,000/no threat) M-1 6 POG1 3921(b) Theft by unlawful taking-immovable property ($50-‹$200/no threat) M-2 5 POG1 3922(a)(1) Theft by deception-false impression (anhydrous ammonia) F-2 12 POG3 3922(a)(1) Theft by deception-false impression (firearm) F-2 12 POG3 3922(a)(1) Theft by deception-false impression (=›$500,000) F-1 12 POG3 3922(a)(1) Theft by deception-false impression ($100,000-‹$500,000) F-2 10 POG3 3922(a)(1)* Theft by deception-false impression (›$25,000-‹$100,000) F-3 9 POG2 3922(a)(1)* Theft by deception-false impression (motorized vehicle) F-3 9 POG2 3922(a)(1)* Theft by deception-false impression (›$2,000-$25,000) F-3 8 POG2 3922(a)(1) Theft by deception-false impression ($200-$2,000/no threat) M-1 6 POG1 3922(a)(1) Theft by deception-false impression (›$50-$200/no threat) M-2 5 POG1 3922(a)(2) Theft by deception-conceal information (anhydrous ammonia) F-2 12 POG3 3922(a)(2) Theft by deception-conceal information (firearm) F-2 12 POG3 3922(a)(2) Theft by deception-conceal information (=›$500,000) F-1 12 POG3 3922(a)(2) Theft by deception-conceal information ($100,000-‹$500,000) F-2 10 POG3 3922(a)(2)* Theft by deception-conceal information (›$25,000-‹$100,000) F-3 9 POG2 3922(a)(2)* Theft by deception-conceal information (motorized vehicle) F-3 9 POG2 3922(a)(2)* Theft by deception-conceal information (›$2,000-$25,000) F-3 8 POG2 3922(a)(2) Theft by deception-conceal information ($200-$2,000/no threat) M-1 6 POG1 3922(a)(2) Theft by deception-conceal information ($50-‹$200/no threat) M-2 5 POG1 3922(a)(3) Theft by deception-fail to correct (anhydrous ammonia) F-2 12 POG3 3922(a)(3) Theft by deception-fail to correct (firearm) F-2 12 POG3 3922(a)(3) Theft by deception-fail to correct (=›$500,000) F-1 12 POG3 3922(a)(3) Theft by deception-fail to correct ($100,000-‹$500,000) F-2 10 POG3 3922(a)(3)* Theft by deception-fail to correct (›$25,000-‹$100,000) F-3 9 POG2 3922(a)(3)* Theft by deception-fail to correct (motorized vehicle) F-3 9 POG2 3922(a)(3)* Theft by deception-fail to correct (›$2,000-$25,000) F-3 8 POG2 3922(a)(3) Theft by deception-fail to correct ($200-$2,000/no threat) M-1 6 POG1 3922(a)(3) Theft by deception-fail to correct ($50-‹$200/no threat) M-2 5 POG1 3922.1(a) Financial exploitation of older adult/care dependent person (=›$500,000) F-1 12 POG3 3922.1(a) Financial exploitation of older adult/care dependent person (course of conduct) F-1 12 POG3 3922.1(a) Financial exploitation of older adult/care dependent person ($100,000-‹$500,000) F-2 10 POG3 3923(a)(1) Theft by extortion-commit crime (anhydrous ammonia) F-2 12 POG3 3923(a)(1) Theft by extortion-commit crime (firearm) F-2 12 POG3 3923(a)(1) Theft by extortion-commit crime (=›$500,000) F-1 12 POG3 3923(a)(1) Theft by extortion-commit crime ($100,000-‹$500,000) F-2 10 POG3 3923(a)(1)* Theft by extortion-commit crime (›$25,000-‹$100,000) F-3 9 POG2 3923(a)(1)* Theft by extortion-commit crime (motorized vehicle) F-3 9 POG2 3923(a)(1)* Theft by extortion-commit crime (›$2,000-$25,000) F-3 8 POG2 3923(a)(1) Theft by extortion-commit crime ($200-$2,000/no threat) M-1 6 POG1 3923(a)(1) Theft by extortion-commit crime ($50-‹$200/no threat) M-2 5 POG1 3923(a)(2) Theft by extortion-accuse of crime (anhydrous ammonia) F-2 12 POG3 3923(a)(2) Theft by extortion-accuse of crime (firearm) F-2 12 POG3 3923(a)(2) Theft by extortion-accuse of crime (=›$500,000) F-1 12 POG3 3923(a)(2) Theft by extortion-accuse of crime ($100,000-‹$500,000) F-2 10 POG3 3923(a)(2)* Theft by extortion-accuse of crime (›$25,000-‹$100,000) F-3 9 POG2 3923(a)(2)* Theft by extortion-accuse of crime (motorized vehicle) F-3 9 POG2 3923(a)(2)* Theft by extortion-accuse of crime (›$2,000-$25,000) F-3 8 POG2 3923(a)(2) Theft by extortion-accuse of crime ($200-$2,000/no threat) M-1 6 POG1 3923(a)(2) Theft by extortion-accuse of crime ($50-‹$200/no threat) M-2 5 POG1 3923(a)(3) Theft by extortion-expose secret (anhydrous ammonia) F-2 12 POG3 3923(a)(3) Theft by extortion-expose secret (firearm) F-2 12 POG3 3923(a)(3) Theft by extortion-expose secret (=›$500,000) F-1 12 POG3 3923(a)(3) Theft by extortion-expose secret ($100,000-‹$500,000) F-2 10 POG3 3923(a)(3)* Theft by extortion-expose secret (›$25,000-‹$100,000) F-3 9 POG2 3923(a)(3)* Theft by extortion-expose secret (motorized vehicle) F-3 9 POG2 3923(a)(3)* Theft by extortion-expose secret (›$2,000-$25,000) F-3 8 POG2 3923(a)(3) Theft by extortion-expose secret ($200-$2,000/no threat) M-1 6 POG1 3923(a)(3) Theft by extortion-expose secret ($50-‹$200/no threat) M-2 5 POG1 3923(a)(4) Theft by extortion-official action (anhydrous ammonia) F-2 12 POG3 3923(a)(4) Theft by extortion-official action (firearm) F-2 12 POG3 3923(a)(4) Theft by extortion-official action (=›$500,000) F-1 12 POG3 3923(a)(4) Theft by extortion-official action ($100,000-‹$500,000) F-2 10 POG3 3923(a)(4)* Theft by extortion-official action (›$25,000-‹$100,000) F-3 9 POG2 3923(a)(4)* Theft by extortion-official action (motorized vehicle) F-3 9 POG2 3923(a)(4)* Theft by extortion-official action (›$2,000-$25,000 ) F-3 8 POG2 3923(a)(4) Theft by extortion-official action ($200-$2,000/no threat) M-1 6 POG1 3923(a)(4) Theft by extortion-official action ($50-‹$200/no threat) M-2 5 POG1 3923(a)(5) Theft by extortion-strike/boycott (anhydrous ammonia) F-2 12 POG3 3923(a)(5) Theft by extortion-strike/boycott (firearm) F-2 12 POG3 3923(a)(5) Theft by extortion-strike/boycott (=›$500,000) F-1 12 POG3 3923(a)(5) Theft by extortion-strike/boycott ($100,000-‹$500,000) F-2 10 POG3 3923(a)(5)* Theft by extortion-strike/boycott (›$25,000-‹$100,000) F-3 9 POG2 3923(a)(5)* Theft by extortion-strike/boycott (motorized vehicle) F-3 9 POG2 3923(a)(5)* Theft by extortion-strike/boycott (›$2,000-$25,000) F-3 8 POG2 3923(a)(5) Theft by extortion-strike/boycott ($200-$2,000/no threat) M-1 6 POG1 3923(a)(5) Theft by extortion-strike/boycott ($50-‹$200/no threat) M-2 5 POG1 3923(a)(6) Theft by extortion-testimony (anhydrous ammonia) F-2 12 POG3 3923(a)(6) Theft by extortion-testimony (firearm) F-2 12 POG3 3923(a)(6) Theft by extortion-testimony (=›$500,000) F-1 12 POG3 3923(a)(6) Theft by extortion-testimony ($100,000-‹$500,000) F-2 10 POG3 3923(a)(6)* Theft by extortion-testimony (›$25,000-‹$100,000) F-3 9 POG2 3923(a)(6)* Theft by extortion-testimony (motorized vehicle) F-3 9 POG2 3923(a)(6)* Theft by extortion-testimony (›$2,000-$25,000) F-3 8 POG2 3923(a)(6) Theft by extortion-testimony ($200-$2,000/no threat) M-1 6 POG1 3923(a)(6) Theft by extortion-testimony ($50-‹$200/no threat) M-2 5 POG1 3923(a)(7) Theft by extortion-inflict harm (anhydrous ammonia) F-2 12 POG3 3923(a)(7) Theft by extortion-inflict harm (firearm) F-2 12 POG3 3923(a)(7) Theft by extortion-inflict harm (=›$500,000) F-1 12 POG3 3923(a)(7) Theft by extortion-inflict harm ($100,000-‹$500,000) F-2 10 POG3 3923(a)(7)* Theft by extortion-inflict harm (›$25,000-‹$100,000) F-3 9 POG2 3923(a)(7)* Theft by extortion-inflict harm (motorized vehicle) F-3 9 POG2 3923(a)(7)* Theft by extortion-inflict harm (›$2,000-$25,000) F-3 8 POG2 3923(a)(7) Theft by extortion-inflict harm ($200-‹$2000/no threat) M-1 6 POG1 3923(a)(7) Theft by extortion-inflict harm ($50-‹$200/no threat) M-2 5 POG1 3924 Theft of property-lost/mislaid (anhydrous ammonia) F-2 12 POG3 3924 Theft of property-lost/mislaid (firearm) F-2 12 POG3 3924 Theft of property-lost/mislaid (=›$500,000) F-1 12 POG3 3924 Theft of property-lost/mislaid ($100,000-‹$500,000) F-2 10 POG3 3924* Theft of property-lost/mislaid (›$25,000-‹$100,000) F-3 9 POG2 3924* Theft of property-lost/mislaid (motorized vehicle) F-3 9 POG2 3924* Theft of property-lost/mislaid (›$2,000-$25,000) F-3 8 POG2 3924 Theft of property-lost/mislaid ($200-$2,000/no threat) M-1 6 POG1 3924 Theft of property-lost/mislaid ($50-‹$200/no threat) M-2 5 POG1 3925(a) Theft by receiving stolen property (anhydrous ammonia) F-2 12 POG3 3925(a) Theft by receiving stolen property (disaster) F-2 12 POG3 3925(a) Theft by receiving stolen property (firearm/receiver in business) F-1 13 POG3 3925(a) Theft by receiving stolen property (firearm/receiver not in business) F-2 12 POG3 3925(a) Theft by receiving stolen property (=›$500,000) F-1 12 POG3 3925(a) Theft by receiving stolen property ($100,000-‹$500,000) F-2 10 POG3 3925(a) Theft by receiving stolen property (receiver in business) F-3 9 POG2 3925(a)* Theft by receiving stolen property (motorized vehicle) F-3 9 POG2 3925(a)* Theft by receiving stolen property (›$2,000-$25,000) F-3 8 POG2 3925(a) Theft by receiving stolen property ($200-$2,000/no threat) M-1 6 POG1 3925(a) Theft by receiving stolen property ($50-‹$200/no threat) M-2 5 POG1 3926(a)(1) Theft of services-obtain service (anhydrous ammonia) F-2 12 POG3 3926(a)(1) Theft of services-obtain service (firearm) F-2 12 POG3 3926(a)(1) Theft of services-obtain service (=›$500,000) F-1 12 POG3 3926(a)(1) Theft of services-obtain service ($100,000-‹$500,000) F-2 10 POG3 3926(a)(1)* Theft of services-obtain service (›$25,000-‹$100,000) F-3 9 POG2 3926(a)(1)* Theft of services-obtain service (motorized vehicle) F-3 9 POG2 3926(a)(1)* Theft of services-obtain service (›$2,000-$25,000) F-3 8 POG2 3926(a)(1) Theft of services-obtain service ($200-$2,000/no threat) M-1 6 POG1 3926(a)(1) Theft of services-obtain service ($50-‹$200/no threat) M-2 5 POG1 3926(a)(1.1) Theft of services-obtain telecommunications (anhydrous ammonia) F-2 12 POG3 3926(a)(1.1) Theft of services-obtain telecommunications (firearm) F-2 12 POG3 3926(a)(1.1) Theft of services-obtain telecommunications (=›$500,000) F-1 12 POG3 3926(a)(1.1) Theft of services-obtain telecommunications ($100,000-‹$500,000) F-2 10 POG3 3926(a)(1.1)* Theft of services-obtain telecommunications (›$25,000-‹$100,000) F-3 9 POG2 3926(a)(1.1)* Theft of services-obtain telecommunications (motorized vehicle) F-3 9 POG2 3926(a)(1.1)* Theft of services-obtain telecommunications (›$2,000-$25,000) F-3 8 POG2 3926(a)(1.1) Theft of services-obtain telecommunications ($200-$2,000/no threat) M-1 6 POG1 3926(a)(1.1) Theft of services-obtain telecommunications ($50-‹$200/no threat) M-2 5 POG1 3926(a)(1.1) Theft of services-obtain telecommunications (‹$50/no threat) M-2 2 POG1 3926(b) Theft of services-divert service (anhydrous ammonia) F-2 12 POG3 3926(b) Theft of services-divert service (firearm) F-2 12 POG3 3926(b) Theft of services-divert service (=›$500,000) F-1 12 POG3 3926(b) Theft of services-divert service ($100,000-‹$500,000) F-2 10 POG3 3926(b)* Theft of services-divert service (›$25,000-‹$100,000) F-3 9 POG2 3926(b)* Theft of services-divert service (motorized vehicle) F-3 9 POG2 3926(b)* Theft of services-divert service (›$2,000-$25,000) F-3 8 POG2 3926(b) Theft of services-divert service ($200-$2,000/no threat) M-1 6 POG1 3926(b) Theft of services-divert service ($50-‹$200/no threat) M-2 5 POG1 3927(a) Theft by failure-req. disposition funds (anhydrous ammonia) F-2 12 POG3 3927(a) Theft by failure-req. disposition funds (firearm) F-2 12 POG3 3927(a) Theft by failure-req. disposition funds (=›$500,000) F-1 12 POG3 3927(a) Theft by failure-req. disposition funds ($100,000-‹$500,000) F-2 10 POG3 3927(a)* Theft by failure-req. disposition funds (›$25,000-‹$100,000) F-3 9 POG2 3927(a)* Theft by failure-req. disposition funds (motorized vehicle) F-3 9 POG2 3927(a)* Theft by failure-req. disposition funds (›$2,000-$25,000) F-3 8 POG2 3927(a) Theft by failure-req. disposition funds ($200-$2,000/no threat) M-1 6 POG1 3927(a) Theft by failure-req. disposition funds ($50-‹$200/no threat) M-2 5 POG1 3928(a) Unauthorized use of auto M-2 5 POG1 3928(a) Unauthorized use of auto (disaster) F-2 12 POG3 3929(a)(1) Retail theft-take merchandise (›$1,000/or firearm/motor vehicle) F-3 7 POG2 3929(a)(1) Retail theft-take merchandise (2nd off & ‹$150) M-2 5 POG1 3929(a)(1) Retail theft-take merchandise (3rd/subsq off) F-3 7 POG2 3929(a)(1) Retail theft-take merchandise (disaster) F-2 12 POG3 3929(a)(2) Retail theft-alter price (›$1,000/or firearm/motor vehicle) F-3 7 POG2 3929(a)(2) Retail theft-alter price (1st/2nd off & ›=$150) M-1 5 POG1 3929(a)(2) Retail theft-alter price (2nd off & ‹$150) M-2 5 POG1 3929(a)(2) Retail theft-alter price (3rd/subsq off) F-3 7 POG2 3929(a)(2) Retail theft-alter price (disaster) F-2 12 POG3 3929(a)(3) Retail theft-transfer container (›$1,000/or firearm/motor vehicle) F-3 7 POG2 3929(a)(3) Retail theft-transfer container (1st/2nd off & ›=$150) M-1 5 POG1 3929(a)(3) Retail theft-transfer container (2nd off & ‹$150) M-2 5 POG1 3929(a)(3) Retail theft-transfer container (3rd/subsq off) F-3 7 POG2 3929(a)(3) Retail theft-transfer container (disaster) F-2 12 POG3 3929(a)(4) Retail theft-under-rings (›$1,000/or firearm/motor vehicle) F-3 7 POG2 3929(a)(4) Retail theft-under-rings (1st/2nd off & ›=$150) M-1 5 POG1 3929(a)(4) Retail theft-under-rings (2nd off & ‹$150) M-2 5 POG1 3929(a)(4) Retail theft-under-rings (3rd/subsq off) F-3 7 POG2 3929(a)(4) Retail theft-under-rings (disaster) F-2 12 POG3 3929(a)(5) Retail theft-tamper w/ inventory tag (›$1,000/or firearm/motor vehicle) F-3 7 POG2 3929(a)(5) Retail theft-tamper w/ inventory tag (1st/2nd off & ›=$150) M-1 5 POG1 3929(a)(5) Retail theft-tamper w/ inventory tag (2nd off & ‹$150) M-2 5 POG1 3929(a)(5) Retail theft-tamper w/ inventory tag (3rd/subsq off) F-3 7 POG2 3929(a)(5) Retail theft-tamper w/ inventory tag (disaster) F-2 12 POG3 3929.1(a) Library Theft (2nd off & ‹$150) M-2 5 POG1 3929.1(a) Library Theft (3rd/subsq off) F-3 7 POG2 3929.3(a) Organized retail theft (›=$20,000) F-2 10 POG3 3930(a)(1) Theft of trade secrets-by force F-2 10 POG3 3930(a)(2) Theft of trade secrets-willful entry of building F-2 10 POG3 3930(a)(3) Theft of trade secrets-willful access of computer F-2 10 POG3 3930(b)(1) Theft of trade secrets-unlawful possession F-3 7 POG2 3930(b)(2) Theft of trade secrets-unlawful conversion to own use F-3 7 POG2 3931 Theft of unpublished drama, etc. (›$2,000) F-3 8 POG2 3931 Theft of unpublished drama, etc. ($200-$2,000/no threat) M-1 6 POG1 3931 Theft of unpublished drama, etc. ($50-‹$200/no threat) M-2 5 POG1 3932(a) Theft of leased property (anhydrous ammonia) F-2 12 POG3 3932(a) Theft of leased property (firearm) F-2 12 POG3 3932(a) Theft of leased property (=›$500,000) F-1 12 POG3 3932(a) Theft of leased property ($100,000-‹$500,000) F-2 10 POG3 3932(a)* Theft of leased property (›$25,000-‹$100,000) F-3 9 POG2 3932(a)* Theft of leased property (motorized vehicle) F-3 9 POG2 3932(a)* Theft of leased property (›$2,000-$25,000) F-3 8 POG2 3932(a) Theft of leased property ($200-$2,000/no threat) M-1 6 POG1 3932(a) Theft of leased property ($50-‹$200/no threat) M-2 5 POG1 3934(a) Theft from a motor vehicle (›=$50-‹$200) M-2 5 POG1 3935.1(a) Theft of secondary metal ($50-‹$200) M-2 5 POG1 3935.1(a) Theft of secondary metal (=›$1,000) F-3 7 POG2 3935.1(a) Theft of secondary metal (3rd/subsq offense) F-3 7 POG2 4101(a)(1) Forgery-altered writing (money/stocks/govt docs/etc.) F-2 7 POG3 4101(a)(1) Forgery-altered writing (will/deed/other legal doc) F-3 7 POG2 4101(a)(2) Forgery-unauthorized writing (money/stocks/govt docs/etc.) F-2 7 POG3 4101(a)(2) Forgery-unauthorized writing (will/deed/other legal doc) F-3 7 POG2 4101(a)(3) Forgery-utters forged writing (money/stocks/govt docs/etc.) F-2 7 POG3 4101(a)(3) Forgery-utters forged writing (will/deed/other legal doc) F-3 7 POG2 4103 Fraudulent destruction of recordable instruments F-3 7 POG2 4105(a)(1) Bad checks-issues/passes check (=›$75,000) F-3 7 POG2 4105(a)(1) Bad checks-issues/passes check ($500-‹$1,000) M-2 5 POG1 4105(a)(1) Bad checks-issues/passes check ($200-‹$500) M-3 5 POG1 4105(a)(2) Bad checks-issues/passes check in Commonwealth (=›$75,000) F-3 7 POG2 4105(a)(2) Bad checks-issues/passes check in Commonwealth ($500-‹$1,000) M-2 5 POG1 4105(a)(2) Bad checks-issues/passes check in Commonwealth ($200-‹$500) M-3 5 POG1 4106(a)(1)(i) Access device fraud-altered/counterfeit device (›=$500) F-3 7 POG2 4106(a)(1)(i) Access device fraud-altered/counterfeit device (‹$50) M-2 6 POG1 4106(a)(1)(ii) Access device fraud-unauthorized use of device (›$500) F-3 7 POG2 4106(a)(1)(ii) Access device fraud-unauthorized use of device (‹$50) M-2 7 POG1 4106(a)(1)(iii) Access device fraud-device revoked/cancelled (›=$500) F-3 7 POG2 4106(a)(1)(iii) Access device fraud-device revoked/cancelled (‹$50) M-2 7 POG1 4106(a)(1)(iv) Access device fraud-other (›=$500) F-3 7 POG2 4106(a)(1)(iv) Access device fraud-other (‹$50) M-2 7 POG1 4106(a)(2) Access device fraud-publishes/makes/sells illegal device F-3 7 POG2 4106(a)(3) Access device fraud-knowingly possesses illegal device M-3 5 POG1 4107(a)(1) Deceptive business practices-false weight/measure (›$2,000) F-3 7 POG2 4107(a)(1) Deceptive business practices-false weight/measure (‹$200/amt. unk) M-2 5 POG1 4107(a)(1) Deceptive business practices-false weight/measure (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(1) Deceptive business practices-false weight/measure ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(2) Deceptive business practices-sells ‹ rep. quantity (›$2,000) F-3 7 POG2 4107(a)(2) Deceptive business practices-sells ‹ rep. quantity (‹$200/amt. unk) M-2 5 POG1 4107(a)(2) Deceptive business practices-sells ‹ rep. quantity (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(2) Deceptive business practices-sells ‹ rep. quantity ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(3) Deceptive business practices-take › rep. quantity (›$2,000) F-3 7 POG2 4107(a)(3) Deceptive business practices-take › rep. quantity (‹$200/amt. unk) M-2 5 POG1 4107(a)(3) Deceptive business practices-take › rep. quantity (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(3) Deceptive business practices-take › rep. quantity ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(4) Deceptive business practices-sell adulterated goods (›$2,000) F-3 7 POG2 4107(a)(4) Deceptive business practices-sell adulterated goods (‹$200/amt. unk) M-2 5 POG1 4107(a)(4) Deceptive business practices-sell adulterated goods (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(4) Deceptive business practices-sell adulterated goods ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(5) Deceptive business practices-false advertisement (›$2,000) F-3 7 POG2 4107(a)(5) Deceptive business practices-false advertisement (‹$200/amt. unk) M-2 5 POG1 4107(a)(5) Deceptive business practices-false advertisement (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(5) Deceptive business practices-false advertisement ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(6) Deceptive business practices-false statement to obtain credit (›$2,000) F-3 7 POG2 4107(a)(6) Deceptive business practices-false statement to obtain credit (‹$200/amt. unk) M-2 5 POG1 4107(a)(6) Deceptive business practices-false statement to obtain credit (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(6) Deceptive business practices-false statement to obtain credit ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(7) Deceptive business practices-false statement to sell securities (›$2,000) F-3 7 POG2 4107(a)(7) Deceptive business practices-false statement to sell securities (‹$200/amt. unk) M-2 5 POG1 4107(a)(7) Deceptive business practices-false statement to sell securities (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(7) Deceptive business practices-false statement to sell securities ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(8) Deceptive business practices-false statement to investor (›$2,000) F-3 7 POG2 4107(a)(8) Deceptive business practices-false statement to investor (‹$200/amt. unk) M-2 5 POG1 4107(a)(8) Deceptive business practices-false statement to investor (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(8) Deceptive business practices-false statement to investor ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107(a)(9) Deceptive business practices-false statement via phone (›$2,000) F-3 7 POG2 4107(a)(9) Deceptive business practices-false statement via phone (‹$200/amt. unk) M-2 5 POG1 4107(a)(9) Deceptive business practices-false statement via phone (›$2,000 & victim ›=60 yrs.) F-2 10 POG3 4107(a)(9) Deceptive business practices-false statement via phone ($200-$2,000 & victim ›=60 yrs.) F-3 7 POG2 4107.2(a)(1) Deception minority/women’s business-fraud to obtain certif. F-3 7 POG2 4107.2(a)(2) Deception minority/women’s business-false statement to deny certif. F-3 7 POG2 4107.2(a)(3) Deception minority/women’s business-obstruct investigation for certif. F-3 7 POG2 4107.2(a)(4) Deception minority/women’s business-fraudulent obtain public money F-3 7 POG2 4108(a) Commercial bribery/breach of duty-corrupt employee/agent/fiduciary M-2 5 POG1 4108(b) Commercial bribery/breach of duty-corrupt disinterested person M-2 5 POG1 4108(c) Commercial bribery/breach of duty-solicitation M-2 5 POG1 4110 Defrauding secured creditors M-2 5 POG1 4111 Fraud in insolvency M-2 5 POG1 4111(1) Fraud in insolvency-destroys/etc. property to obstruct creditor claim M-2 5 POG1 4111(2) Fraud in insolvency-falsify writing/record of property M-2 5 POG1 4111(3) Fraud in insolvency-knowingly misrepresent/refuse to disclose property M-2 5 POG1 4112 Receiving deposits in failing financial institution M-2 5 POG1 4113(a) Misapplication of entrusted property (›$50) M-2 5 POG1 4114 Securing execution of documents by deception M-2 5 POG1 4115 Falsely impersonating persons privately employed M-2 5 POG1 4116(b)(1) Copying; recording devices-knowingly transfer sounds for profit (100+ motion pict./1,000+ recordings) F-3 7 POG2 4116(b)(1) Copying; recording devices-knowingly transfer sounds for profit (any other 2nd/subsq off) F-3 7 POG2 4116(b)(2) Copying; recording devices-manufacture/etc. w/ knowledge of transfer (100+ motion pict./1,000+ recordings) F-3 7 POG2 4116(b)(2) Copying; recording devices-manufacture/etc. w/ knowledge of transfer (any other 2nd/subsq off) F-3 7 POG2 4116(d) Copying; recording devices-sell/rent illegal recording device (100+ motion pict./1,000+ recordings) F-3 7 POG2 4116(d) Copying; recording devices-sell/rent illegal recording device (any other 2nd/subsq off) F-3 7 POG2 4116(d.1)(1) Copying; recording devices-sell/rent live recording w/o owner consent (100+ motion pict./1,000+ recordings) F-3 7 POG2 4116(d.1)(1) Copying; recording devices-sell/rent live recording w/o owner consent (any other 2nd/subsq off) F-3 7 POG2 4116(e) Copying; recording devices- manufacturer name on packaging (100+ motion pict./1,000+ recordings) F-3 7 POG2 4116(e) Copying; recording devices- manufacturer name on packaging (any other 2nd/subsq off) F-3 7 POG2 4116.1(a) Unlawful use of recording device in movie theater (2nd/subsq off) F-3 7 POG2 4117(a)(1) Insurance fraud-false document to gvt. agency for ins. rate F-3 7 POG2 4117(a)(2) Insurance fraud-false insurance claim F-3 7 POG2 4117(a)(3) Insurance fraud-assist/conspire/etc. in false insurance claim F-3 7 POG2 4117(a)(4) Insurance fraud-unlicensed agent activity F-3 7 POG2 4117(a)(5) Insurance fraud-knowingly benefits from proceeds F-3 7 POG2 4117(a)(6) Insurance fraud-health care facility allows insurance fraud F-3 7 POG2 4117(a)(7) Insurance fraud-borrows/uses another’s ins. ID w/ intent to defraud F-3 7 POG2 4117(a)(8) Insurance fraud-direct/indirect solicitation for pecuniary gain F-3 7 POG2 4118 Washing vehicle titles F-3 7 POG2 4119(a)(1) Trademark counterfeiting- manufacturer (prev conv/›100 items-‹1,000 items/›$2,000-‹$10,000 value) F-3 7 POG2 4119(a)(1) Trademark counterfeiting- manufacturer (2+ prev conv/ manufacture of items/›=1,000 items/›$10,000 value) F-2 10 POG3 4119(a)(2) Trademark counterfeiting-sells (prev conv/›100 items-‹1,000 items/›$2,000-‹$10,000 value) F-3 7 POG2 4119(a)(2) Trademark counterfeiting-sells (2+ prev conv/manufacture of items/›=1,000 items/ ›$10,000 value) F-2 10 POG3 4119(a)(3) Trademark counterfeiting- offers for sale (prev conv/ ›100 items-‹1,000 items/ ›$2,000-‹$10,000 value) F-3 7 POG2 4119(a)(3) Trademark counterfeiting- offers for sale (2+ prev conv/ manufacture of items/ ›=1,000 items/ ›$10,000 value) F-2 10 POG3 4119(a)(4) Trademark counterfeiting-displays (prev conv/ ›100 items-‹1,000 items/›$2,000-‹$10,000 value) F-3 7 POG2 4119(a)(4) Trademark counterfeiting-displays (2+ prev conv/ manufacture of items/ ›=1,000 items/ ›$10,000 value) F-2 10 POG3 4119(a)(5) Trademark counterfeiting-advertises (prev conv/ ›100 items-‹1,000 items/›$2,000-‹$10,000 value) F-3 7 POG2 4119(a)(5) Trademark counterfeiting-advertises (2+ prev conv/ manufacture of items/›=1,000 items/ ›$10,000 value) F-2 10 POG3 4119(a)(6) Trademark counterfeiting-distributes (prev conv/›100 items-‹1,000 items/›$2,000-‹$10,000 value) F-3 7 POG2 4119(a)(6) Trademark counterfeiting-distributes (2+ prev conv/ manufacture of items/›=1,000 items/›$10,000 value) F-2 10 POG3 4119(a)(7) Trademark counterfeiting-transports (prev conv/›100 items-‹1,000 items/›$2,000-‹$10,000 value) F-3 7 POG2 4119(a)(7) Trademark counterfeiting-transports (2+ prev conv/ manufacture of items/›=1,000 items/ ›$10,000 value) F-2 10 POG3 4120(a) Identity theft (›=$2,000) F-3 7 POG2 4120(a) Identity theft (furtherance of conspiracy) F-3 7 POG2 4120(a) Identity theft (›=$2,000 and victim ›=60 yrs./care-dependent) F-2 10 POG3 4120(a) Identity theft (‹$2,000 and victim ›=60 yrs./care-dependent) F-3 7 POG2 4120(a) Identity theft (3rd/subsq off and victim ›=60 yrs./care-dependent) F-1 13 POG3 4120(a) Identity theft (furtherance of conspiracy and victim ›=60 yrs./care-dependent) F-2 10 POG3 4120(a) Identity theft (‹$2,000 and victim ‹18 yrs.) F-3 7 POG2 4120(a) Identity theft (›=$2,000 and victim ‹18 yrs.) F-2 10 POG3 4120(a) Identity theft (3rd/subsq off and victim ‹18 yrs.) F-1 13 POG3 4120(a) Identity theft (furtherance of conspiracy and victim ‹18 yrs.) F-2 10 POG3 4121(a)(1)(i) Possession and use of unlawful device-intent to defraud (access, read, etc.) F-3 7 POG2 4121(a)(1)(ii) Possession and use of unlawful device-intent to defraud (places information) F-3 7 POG2 4121(a)(2) Possession and use of unlawful device-knowingly possesses, sells or delivers device F-3 7 POG2 PART II ARTICLE D 4301(a) Bigamy (by married person) M-2 5 POG1 4301(b) Bigamy (knowing other person committing bigamy) M-2 5 POG1 4302(a) Incest (victim ›18 yrs.) F-2 13 POG4 4302(b)(1) Incest-of a minor (victim ‹13 yrs.) F-2 14 POG4 4302(b)(2) Incest-of a minor (victim 13-18 yrs. and offender at least 4 yrs. older) F-2 14 POG4 4303(a) Concealing death of child M-1 5 POG1 4304(a)(1) Endangering welfare of children-violate duty of care (child ‹6 yrs.) F-3 10 POG2 4304(a)(1) Endangering welfare of children-violate duty of care (course of conduct) F-3 10 POG2 4304(a)(1) Endangering welfare of children-violate duty of care (course of conduct & child ‹6 yrs.) F-2 13 POG3 4304(a)(1) Endangering welfare of children-violate duty of care: substantial risk of death/SBI F-3 10 POG2 4304(a)(1) Endangering welfare of children-violate duty of care: substantial risk of death/SBI (child ‹ 6 yrs.) F-2 13 POG3 4304(a)(1) Endangering welfare of children-violate duty of care: substantial risk of death/SBI (course of conduct) F-2 13 POG3 4304(a)(1) Endangering welfare of children-violate duty of care: substantial risk of death/SBI (course of conduct & child ‹ 6 yrs.) F-1 13 POG3 4304(a)(2) Endangering welfare of children-official prevents/interferes w/ reporting (child ‹6 yrs.) F-3 8 POG2 4304(a)(2) Endangering welfare of children-official prevents/interferes w/ reporting (course of conduct) F-3 8 POG2 4304(a)(2) Endangering welfare of children-official prevents/interferes w/ reporting (course of conduct & child ‹6 yrs.) F-2 13 POG3 PART II ARTICLE E 4702(a)(1) Threats-to influence decision as public servant M-2 5 POG1 4702(a)(2) Threats-to influence decision in judicial/admin. proceedings M-2 5 POG1 4702(a)(3) Threats-harm for legal duty as public servant M-2 5 POG1 4703 Retaliation for past official action M-2 5 POG1 4902(a) Perjury F-3 7 POG2 4903(a)(1) False swearing in official matters-in official proceeding M-2 5 POG1 4903(a)(2) False swearing in official matters-to mislead public servant M-2 5 POG1 4903(b) False swearing-statement required to be sworn M-3 5 POG1 4904(a)(1) Unsworn falsification to authorities-written statement M-2 5 POG1 4904(a)(2) Unsworn falsification to authorities-relies on false writing M-2 5 POG1 4904(a)(3) Unsworn falsification to authorities-relies on false specimen/map/boundary, etc. M-2 5 POG1 4904(b) Unsworn falsification to authorities-statement under penalty M-3 5 POG1 4905(a) False alarms to agency of public safety M-1 5 POG1 4905(a) False alarms to agency of public safety (state of emergency) F-3 7 POG2 4906(a) False reports-falsely incriminate another M-2 5 POG1 4906(a) False reports-falsely incriminate another (report of theft/loss of firearm) M-1 5 POG1 4906(a) False reports-falsely incriminate another (state of emergency) M-1 5 POG1 4906(b)(1) False reports-fictitious report to law enforcement M-3 5 POG1 4906(b)(1) False reports-fictitious report to law enforcement (report of theft/loss of firearm) M-2 5 POG1 4906(b)(1) False reports-fictitious report to law enforcement (state of emergency) M-2 5 POG1 4906(b)(2) False reports-fictitious report of information M-3 5 POG1 4906(b)(2) False reports-fictitious report of information (report of theft/loss of firearm) M-2 5 POG1 4906(b)(2) False reports-fictitious report of information (state of emergency) M-2 5 POG1 4906.1 False reports of child abuse M-2 5 POG1 4909 Witness or informant taking bribe F-3 7 POG2 4910(1) Tampering w/ physical evidence-intent to impair availability M-2 5 POG1 4910(2) Tampering w/ physical evidence-false record etc. M-2 5 POG1 4911(a)(1) Tampering w/ public records-false entry/govt. doc M-2 5 POG1 4911(a)(1) Tampering w/ public records-false entry/govt. doc. (to defraud) F-3 7 POG2 4911(a)(2) Tampering w/ public records-presenting false document M-2 5 POG1 4911(a)(2) Tampering w/ public records-presenting false document (to defraud) F-3 7 POG2 4911(a)(3) Tampering w/ public records-intent to impair doc. availability M-2 5 POG1 4911(a)(3) Tampering w/ public records-intent to impair doc. availability (to defraud) F-3 7 POG2 4912 Impersonating a public servant M-2 5 POG1 4913(a) Impersonating a notary public M-2 5 POG1 4913(a) Impersonating a notary public (intent to harm/defraud) M-1 5 POG1 4913(a) Impersonating a doctor of medicine (provides medical advice or treatment) M-1 5 POG1 4914(a) False identification to law enforcement authorities M-3 5 POG1 4915.1(a)(1) Fail to register with PSP-15 yr. registration (2nd/subsq off) F-2 12 POG3 4915.1(a)(1) Fail to register with PSP-25 yr. registration (1st off) F-2 12 POG3 4915.1(a)(1) Fail to register with PSP-25 yr. registration (2nd/subsq off) F-1 16 POG3 4915.1(a)(1) Fail to register with PSP-lifetime registration (1st off) F-2 12 POG3 4915.1(a)(1) Fail to register with PSP-lifetime registration (2nd/subsq off) F-1 16 POG3 4915.1(a)(2) Fail to verify address/be photographed-15 yr. registration (2nd/subsq off) F-2 13 POG3 4915.1(a)(2) Fail to verify address/be photographed-25 yr. registration (1st off) F-2 12 POG3 4915.1(a)(2) Fail to verify address/be photographed-25 yr. registration (2nd/subsq off) F-1 16 POG3 4915.1(a)(2) Fail to verify address/be photographed-lifetime registration (1st off) F-2 12 POG3 4915.1(a)(2) Fail to verify address/be photographed-lifetime registration (2nd/subsq off) F-1 16 POG3 4915.1(a)(3) Fail to provide accurate information-15 yr. registration F-2 12 POG3 4915.1(a)(3) Fail to provide accurate information-25 yr. registration F-1 15 POG3 4915.1(a)(3) Fail to provide accurate information-lifetime registration F-1 15 POG3 4915.1(a.1)(1) Fail to register with PSP: transient-15 yr. registration (2nd/subsq off) F-2 13 POG3 4915.1(a.1)(1) Fail to register with PSP: transient-25 yr. registration (1st off) F-2 12 POG3 4915.1(a.1)(1) Fail to register with PSP: transient-25 yr. registration (2nd/subsq off) F-1 16 POG3 4915.1(a.1)(1) Fail to register with PSP: transient-lifetime registration (1st off) F-2 12 POG3 4915.1(a.1)(1) Fail to register with PSP: transient-lifetime registration (2nd/subsq off) F-1 16 POG3 4915.1(a.1)(2) Fail to verify address/be photographed: transient-15 yr. registration (2nd/subsq off) F-2 13 POG3 4915.1(a.1)(2) Fail to verify address/be photographed: transient-25 yr. registration (1st off) F-2 12 POG3 4915.1(a.1)(2) Fail to verify address/be photographed: transient-25 yr. registration (2nd/subsq off) F-1 16 POG3 4915.1(a.1)(2) Fail to verify address/be photographed: transient- lifetime registration (1st off) F-2 12 POG3 4915.1(a.1)(2) Fail to verify address/be photographed: transient- lifetime registration (2nd/subsq off) F-1 16 POG3 4915.1(a.1)(3) Fail to provide accurate info.: transient-15 yr. registration F-2 12 POG3 4915.1(a.1)(3) Fail to provide accurate info.: transient-25 yr. registration F-1 15 POG3 4915.1(a.1)(3) Fail to provide accurate info.: transient-lifetime registration F-1 15 POG3 4915.2(a)(1) Fail to register with PSP: 10-year registration (2nd/subsq off) F-2 12 POG3 4915.2(a)(1) Fail to register with PSP: lifetime registration F-2 12 POG3 4915.2(a)(1) Fail to register with PSP: lifetime registration (2nd/subsq off) F-1 16 POG3 4915.2(a)(2) Fail to verify address/be photographed: 10-year registration (2nd/subsq off) F-2 13 POG3 4915.2(a)(2) Fail to verify address/be photographed: lifetime registration F-2 12 POG3 4915.2(a)(2) Fail to verify address/be photographed: lifetime registration (2nd/subsq off) F-1 16 POG3 4915.2(a)(3) Fail to provide accurate information: 10-year registration F-2 12 POG3 4915.2(a)(3) Fail to provide accurate information: lifetime registration F-1 15 POG3 4952(a)(1) Intimidation of witness/victim-refrain from reporting (listed factor & F-1/murder 1 or 2) F-1 18 POG3 4952(a)(1) Intimidation of witness/victim-refrain from reporting (listed factor & F-2) F-2 13 POG3 4952(a)(1) Intimidation of witness/victim-refrain from reporting (listed factor) F-3 10 POG2 4952(a)(1) Intimidation of witness/victim-refrain from reporting (general) M-2 7 POG1 4952(a)(2) Intimidation of witness/victim-false/misleading info. (listed factor & F-1/murder 1 or 2) F-1 18 POG3 4952(a)(2) Intimidation of witness/victim-false/misleading info. (listed factor & F-2) F-2 13 POG3 4952(a)(2) Intimidation of witness/victim-false/misleading info. (listed factor) F-3 10 POG2 4952(a)(2) Intimidation of witness/victim-false/misleading info. (general) M-2 7 POG1 4952(a)(3) Intimidation of witness/victim-withhold information, (listed factor & F-1/murder 1 or 2) F-1 18 POG3 4952(a)(3) Intimidation of witness/victim-withhold info. (listed factor & F-2) F-2 13 POG3 4952(a)(3) Intimidation of witness/victim-withhold info. (listed factor) F-3 10 POG2 4952(a)(3) Intimidation of witness/victim-withhold info. (general) M-2 7 POG1 4952(a)(4) Intimidation of witness/victim-false info/refuse testimony (listed factor & F-1/murder 1 or 2) F-1 18 POG3 4952(a)(4) Intimidation of witness/victim-false info/refuse testimony (listed factor & F-2) F-2 13 POG3 4952(a)(4) Intimidation of witness/victim-false info/refuse testimony (listed factor) F-3 10 POG2 4952(a)(4) Intimidation of witness/victim-false info/refuse testimony (general) M-2 7 POG1 4952(a)(5) Intimidation of witness/victim-evade/ignore summons (listed factor & F-1/murder 1 or 2) F-1 18 POG3 4952(a)(5) Intimidation of witness/victim-evade/ignore summons (listed factor & F-2) F-2 13 POG3 4952(a)(5) Intimidation of witness/victim-evade/ignore summons (listed factor) F-3 10 POG2 4952(a)(5) Intimidation of witness/victim-evade/ignore summons (general) M-2 7 POG1 4952(a)(6) Intimidation of witness/victim-absent from proceeding, (listed factor & F-1/murder 1 or 2) F-1 18 POG3 4952(a)(6) Intimidation of witness/victim-absent from proceeding (listed factor & F-2) F-2 13 POG3 4952(a)(6) Intimidation of witness/victim-absent from proceeding (listed factor) F-3 10 POG2 4952(a)(6) Intimidation of witness/victim-absent from proceeding (general) M-2 7 POG1 4953(a) Retaliation against witness/victim-listed factor F-3 12 POG2 4953(a) Retaliation against witness/victim-general M-2 7 POG1 4953.1(a) Retaliation against prosecutor/judicial official-listed factor F-2 13 POG3 4953.1(a) Retaliation against prosecutor/judicial official-general M-1 9 POG1 4958(a)(1) Intimidation child abuse case-knowledge/intent to impede, etc. M-2 7 POG1 4958(a)(1) Intimidation child abuse case-knowledge/intent to impede, etc. (force, etc.) F-2 10 POG3 4958(a)(1) Intimidation child abuse case-knowledge/intent to impede, etc. (benefit) F-2 10 POG3 4958(a)(1) Intimidation child abuse case-knowledge/intent to impede, etc. (furtherance consp.) F-2 10 POG3 4958(a)(1) Intimidation child abuse case-knowledge/intent to impede, etc. (other person) F-2 10 POG3 4958(a)(1) Intimidation child abuse case-knowledge/intent to impede, etc. (prior conv) F-2 10 POG3 4958(a)(2)(i) Intimidation child abuse cases-intimidate/attempt refrain from/cause not report M-2 7 POG1 4958(a)(2)(i) Intimidation child abuse cases-intimidate/attempt refrain from/cause not report (force, etc.) F-2 10 POG3 4958(a)(2)(i) Intimidation child abuse cases-intimidate/attempt refrain from/cause not report (benefit) F-2 10 POG3 4958(a)(2)(i) Intimidation child abuse cases-intimidate/attempt refrain from/cause not report (furtherance consp.) F-2 10 POG3 4958(a)(2)(i) Intimidation child abuse cases-intimidate/attempt refrain from/cause not report (other person) F-2 10 POG3 4958(a)(2)(i) Intimidation child abuse cases-intimidate/attempt refrain from/cause not report (prior conv) F-2 10 POG3 4958(a)(2)(ii) Intimidation child abuse cases-intimidate/attempt withhold information M-2 7 POG1 4958(a)(2)(ii) Intimidation child abuse cases-intimidate/attempt withhold information (force, etc.) F-2 10 POG3 4958(a)(2)(ii) Intimidation child abuse cases-intimidate/attempt withhold information (benefit) F-2 10 POG3 4958(a)(2)(ii) Intimidation child abuse cases-intimidate/attempt withhold information (furtherance consp.) F-2 10 POG3 4958(a)(2)(ii) Intimidation child abuse cases-intimidate/attempt withhold information (other person) F-2 10 POG3 4958(a)(2)(ii) Intimidation child abuse cases-intimidate/attempt withhold information (prior conv) F-2 10 POG3 4958(a)(2)(iii) Intimidation child abuse cases-intimidate/attempt false/misleading information M-2 7 POG1 4958(a)(2)(iii) Intimidation child abuse cases-intimidate/attempt false/misleading information (force, etc.) F-2 10 POG3 4958(a)(2)(iii) Intimidation child abuse cases-intimidate/attempt false/misleading information (benefit) F-2 10 POG3 4958(a)(2)(iii) Intimidation child abuse cases-intimidate/attempt false/misleading information (furtherance consp.) F-2 10 POG3 4958(a)(2)(iii) Intimidation child abuse cases-intimidate/attempt false/misleading information (other person) F-2 10 POG3 4958(a)(2)(iii) Intimidation child abuse cases-intimidate/attempt false/misleading information (prior conv) F-2 10 POG3 4958(a)(2)(iv) Intimidation child abuse cases-intimidate/attempt evade etc. request/legal process M-2 7 POG1 4958(a)(2)(iv) Intimidation child abuse cases-intimidate/attempt evade etc. request/legal process (force) F-2 10 POG3 4958(a)(2)(iv) Intimidation child abuse cases-intimidate/attempt evade etc. request/legal process (benefit) F-2 10 POG3 4958(a)(2)(iv) Intimidation child abuse cases-intimidate/attempt evade etc. request/legal process (furtherance consp.) F-2 10 POG3 4958(a)(2)(iv) Intimidation child abuse cases-intimidate/attempt evade etc. request/legal process (other person) F-2 10 POG3 4958(a)(2)(iv) Intimidation child abuse cases-intimidate/attempt evade etc. request/legal process (prior conv) F-2 10 POG3 4958(a)(2)(v) Intimidation child abuse cases-intimidate/attempt fail appear/participate legal process M-2 7 POG1 4958(a)(2)(v) Intimidation child abuse cases-intimidate/attempt fail appear/participate legal process (force) F-2 10 POG3 4958(a)(2)(v) Intimidation child abuse cases-intimidate/attempt fail appear/participate legal process (benefit) F-2 10 POG3 4958(a)(2)(v) Intimidation child abuse cases-intimidate/attempt fail appear/participate legal process (furtherance consp.) F-2 10 POG3 4958(a)(2)(v) Intimidation child abuse cases-intimidate/attempt fail appear/participate legal process (other person) F-2 10 POG3 4958(a)(2)(v) Intimidation child abuse cases-intimidate/attempt fail appear/participate legal process (prior conv) F-2 10 POG3 4958(b) Retaliation child abuse cases M-2 7 POG1 4958(b) Retaliation child abuse cases (force) F-2 12 POG3 4958(b) Retaliation child abuse cases (benefit) F-2 12 POG3 4958(b) Retaliation child abuse cases (furtherance consp.) F-2 12 POG3 4958(b) Retaliation child abuse cases (other person) F-2 12 POG3 4958(b) Retaliation child abuse cases (prior conv) F-2 12 POG3 4958(b.1) Obstruction child abuse cases M-2 7 POG1 4958(b.1) Obstruction child abuse case (force) F-2 10 POG3 4958(b.1) Obstruction child abuse cases (benefit) F-2 10 POG3 4958(b.1) Obstruction child abuse cases (furtherance consp.) F-2 10 POG3 4958(b.1) Obstruction child abuse cases (other person) F-2 10 POG3 4958(b.1) Obstruction child abuse cases (prior conv) F-2 10 POG3 5101 Obstructing admin. of law/ other govt. function M-2 5 POG1 5102(a) Obstructing/impeding justice by picketing M-2 5 POG1 5103 Unlawfully listening into deliberations of jury M-3 5 POG1 5103.1(a) Use or operate device to capture, record, etc. photograph, video, etc. of proceeding or person in judicial facility or area M-2 5 POG1 5103.1(a) Use or operate device to capture, record, etc. photograph, video, etc. of proceeding or person in judicial facility or area (2nd/subsq) M-1 7 POG1 5104 Resisting arrest, etc. M-2 5 POG1 5104.1(a) Disarming law enforcement officer F-3 7 POG2 5105(a)(1) Hindering apprehension-harbors/conceals M-2 5 POG1 5105(a)(1) Hindering apprehension-harbors/conceals (charge is F-1/F-2) F-3 7 POG2 5105(a)(2) Hindering apprehension-provides aid to avoid apprehension M-2 5 POG1 5105(a)(2) Hindering apprehension-provides aid to avoid apprehension (charge is F-1/F-2) F-3 7 POG2 5105(a)(3) Hindering apprehension-conceal/destroy evidence M-2 5 POG1 5105(a)(3) Hindering apprehension-conceal/destroy evidence (charge is F-1/F-2) F-3 7 POG2 5105(a)(4) Hindering apprehension-warn of apprehension M-2 5 POG1 5105(a)(4) Hindering apprehension-warn of apprehension (charge is F-1/F-2) F-3 7 POG2 5105(a)(5) Hindering apprehension-false info. to law enforcement ofc. M-2 5 POG1 5105(a)(5) Hindering apprehension-false info. to law enforcement ofc. (charge is F-1/F-2) F-3 7 POG2 5107(a) Aiding consummation of crime M-2 5 POG1 5107(a) Aiding consummation of crime (principal off is F-1/F-2) F-3 7 POG2 5108(a) Compounding M-2 5 POG1 5110 Contempt of General Assembly M-3 5 POG1 5111(a)(1) Dealing in proceeds of unlawful activities-intent to promote act F-1 12 POG3 5111(a)(2) Dealing in proceeds of unlawful activities-designed to conceal proceeds F-1 12 POG3 5111(a)(3) Dealing in proceeds of unlawful activities-avoid transaction report req. F-1 12 POG3 5112(a) Obstructing emergency services M-3 5 POG1 5121(a) Permitting/facilitating escape M-2 6 POG1 5121(a) Escape M-2 6 POG1 5121(a)* Escape (from: halfway house, pre-release ctr., treatment ctr., work-release ctr., work-release, or failure to return from an authorized leave/furlough) F-3 8 POG2 5121(a)* Escape (all other specified escapes) F-3 9 POG2 5121(a)* Permitting/facilitating escape (from: halfway house, pre-release ctr., treatment ctr., work-release ctr., work-release, or failure to return from an authorized leave/furlough) F-3 8 POG2 5121(a)* Permitting/facilitating escape (all other specified escapes) F-3 9 POG2 5122(a)(1) Weapons/implements for escape-provide to inmate M-1 12 POG1 5122(a)(2) Weapons/implements for escape-possession by inmate M-1 8 POG1 5123(a) Contraband-provide controlled substance to inmate F-2 10 POG3 5123(a.2) Contraband-possession of controlled substance by inmate F-2 10 POG3 5123(b) Contraband-provide money to inmate M-3 5 POG1 5124(a) Default in required appearance (felony) F-3 7 POG2 5124(a) Default in required appearance (non-felony) M-2 5 POG1 5126(a) Flight to avoid apprehension (felony) F-3 7 POG2 5126(a) Flight to avoid apprehension (misd.) M-2 5 POG1 5131(a)(1) Recruiting criminal gang member-solicit/cause/attempt cause (recruitee ›=16 yrs.) M-2 5 POG1 5131(a)(2) Recruiting criminal gang member-inflict BI/physical menace/force (recruitee ‹16 yrs.) F-3 8 POG2 5131(a)(3) Recruiting criminal gang member-inflict SBI (recruitee ›=16 yrs.) F-3 8 POG2 5131(a)(3) Recruiting criminal gang member-inflict SBI (recruitee ‹16 yrs.) F-2 10 POG3 5301(1) Official oppression-subjects another to arrest, etc. M-2 5 POG1 5301(2) Official oppression-denies another enjoyment of rights M-2 5 POG1 5302(1) Speculating/wagering on official action-acquires pecuniary interest M-2 5 POG1 5302(2) Speculating/wagering on official action-speculates on information M-2 5 POG1 5302(3) Speculating/wagering on official action-aids another M-2 5 POG1 PART II ARTICLE F 5501(1) Riot-intent to commit felony/misd. F-3 7 POG2 5501(2) Riot-intent to prevent/coerce official action F-3 7 POG2 5501(3) Riot-actor/other plans to use deadly weapon F-3 7 POG2 5502 Failure to disperse upon official order M-2 5 POG1 5503(a)(1) Disorderly conduct-frightening/threatening behavior (substantial harm/persist after warning) M-3 5 POG1 5503(a)(2) Disorderly conduct-unreasonable noise (substantial harm/persist after warning) M-3 5 POG1 5503(a)(3) Disorderly conduct-obscene language (substantial harm/persist after warning) M-3 5 POG1 5503(a)(4) Disorderly conduct-hazardous condition (substantial harm/persist after warning) M-3 5 POG1 5506 Loitering and prowling at night time M-3 5 POG1 5507(a) Obstructing highway, etc.-after warning M-3 5 POG1 5508 Disrupting meetings and processions M-3 5 POG1 5509(a)(1) Desecration of venerated objects-intentional (public monument, etc.) M-2 5 POG1 5509(a)(2) Desecration of venerated objects-intentional (object of veneration) M-2 5 POG1 5509(a)(3) Desecration of venerated objects-sell veteran’s marker M-2 5 POG1 5509(a.1) Desecration of venerated objects-historic burial lots M-1 6 POG1 5510 Abuse of corpse M-2 7 POG1 5533(a)* Cruelty to animal-abuse, abandon, etc. (cause BI/risk SBI) M-2 6 POG1 5533(a)* Cruelty to animal-abuse, abandon, etc.: violates 5542(a) animal mutilation cropping of ear (cause BI/risk SBI) M-2 6 POG1 5533(a)* Cruelty to animal-abuse, abandon, etc.: violates 5542(b) animal mutilation debarking (cause BI/risk SBI) M-2 6 POG1 5533(a)* Cruelty to animal-abuse, abandon, etc.: violates 5542(c) animal mutilation docking of tail (cause BI/risk SBI) M-2 6 POG1 5533(a)* Cruelty to animal-abuse, abandon, etc.: violates 5542(d) animal mutilation surgical birth (cause BI/risk SBI) M-2 6 POG1 5533(a)* Cruelty to animal-abuse, abandon, etc.: violates 5542(e) animal mutilation dewclawing (cause BI/risk SBI) M-2 6 POG1 5534(a)(1) Aggravated cruelty to animal-tortures animal F-3 8 POG2 5534(a)(2)* Aggravated cruelty to animal-violates 5532 (cause SBI/death) F-3 9 POG2 5534(a)(2)* Aggravated cruelty to animal-violates 5533 (cause SBI/death) F-3 9 POG2 5543(1) Animal fighting (for amusement/gain) F-3 8 POG2 5543(2) Animal fighting (receives compensation) F-3 8 POG2 5543(3) Animal fighting (owns fighting animal) F-3 8 POG2 5543(4) Animal fighting (encourage/ aid/assist) F-3 8 POG2 5543(5) Animal fighting (wagers on fight outcome) F-3 8 POG2 5543(6) Animal fighting (pays admission) F-3 8 POG2 5543(7) Animal fighting (permits use of animal for fight) F-3 8 POG2 5548(a) Police animals-illegal to taunt F-3 8 POG2 5549(a) Assault with biological agent on animal/fowl/honey bees F-2 10 POG3 5512(b)(1) Lotteries-set up unlawful game M-1 6 POG1 5512(b)(2) Lotteries-manufacture/etc. unlawful tickets M-1 6 POG1 5512(b)(3) Lotteries-publish advertisement M-1 6 POG1 5516(a)(1) Facsimile weapons of mass destruction-terrifying/etc. individual F-3 8 POG2 5516(a)(2)(i) Facsimile weapons of mass destruction-reaction of org. that deals w/ emergency F-3 8 POG2 5516(a)(2)(ii) Facsimile weapons of mass destruction-reaction of law enforcement agency F-3 8 POG2 5516(a)(3) Facsimile weapons of mass destruction-serious public inconvenience F-3 8 POG2 5703 Interception of wire/oral communication F-3 7 POG2 5703(1) Interception of wire/oral communication-intentionally intercepts F-3 7 POG2 5703(2) Interception of wire/oral communication-discloses contents F-3 7 POG2 5703(3) Interception of wire/oral communication-use contents F-3 7 POG2 5705(1) Possess/etc. of interception devices-intentionally possess/etc. F-3 7 POG2 5705(2) Possess/etc. of interception devices-intentionally sells/etc. F-3 7 POG2 5705(3) Possess/etc. of interception devices-intentionally manufactures/etc. F-3 7 POG2 5705(4) Possess/etc. of interception devices-intentionally advertises/etc. F-3 7 POG2 5719 Unlawful use of order concerning intercepted communications M-2 5 POG1 5741(a)(1) Unlawful access stored communications-access w/o authority-for gain (2nd/subsq off) M-2 5 POG1 5741(a)(2) Unlawful access stored communications-exceed authorization-for gain (2nd/subsq off) M-2 5 POG1 5902(a)(1) Prostitution-business (3rd off) M-2 6 POG1 5902(a)(1) Prostitution-business (HIV positive/AIDS) F-3 10 POG2 5902(a)(2) Prostitution (3rd off) M-2 6 POG1 5902(a)(2) Prostitution (HIV positive/AIDS) F-3 10 POG2 5902(b)(1) Promoting prostitution-own house/business F-3 8 POG2 5902(b)(2) Promoting prostitution-procure prostitute for house F-3 8 POG2 5902(b)(3) Promoting prostitution-encourage prostitution F-3 8 POG2 5902(b)(4) Promoting prostitution-solicit patron M-2 6 POG1 5902(b)(4) Promoting prostitution-solicit patron (compel) F-3 8 POG2 5902(b)(4) Promoting prostitution-solicit patron (HIV positive/AIDS) F-3 8 POG2 5902(b)(4) Promoting prostitution-solicit patron (spouse/child/ward) F-3 8 POG2 5902(b)(5) Promoting prostitution-procure prostitute M-2 6 POG1 5902(b)(5) Promoting prostitution-procure prostitute (compel) F-3 8 POG2 5902(b)(5) Promoting prostitution-procure prostitute (HIV positive/AIDS) F-3 8 POG2 5902(b)(5) Promoting prostitution-procure prostitute (spouse/child/ward) F-3 8 POG2 5902(b)(6) Promoting prostitution- transport prostitute M-2 6 POG1 5902(b)(6) Promoting prostitution- transport prostitute (compel) F-3 8 POG2 5902(b)(6) Promoting prostitution- transport prostitute (HIV positive/AIDS) F-3 8 POG2 5902(b)(6) Promoting prostitution- transport prostitute (spouse/child/ward) F-3 8 POG2 5902(b)(7) Promoting prostitution-provide place for prostitution M-2 6 POG1 5902(b)(7) Promoting prostitution-provide place for prostitution (compel) F-3 8 POG2 5902(b)(7) Promoting prostitution-provide place for prostitution (HIV positive/AIDS) F-3 8 POG2 5902(b)(7) Promoting prostitution-provide place for prostitution (spouse/child/ward) F-3 8 POG2 5902(b)(8) Promoting prostitution-receive benefit M-2 6 POG1 5902(b)(8) Promoting prostitution-receive benefit (compel) F-3 8 POG2 5902(b)(8) Promoting prostitution-receive benefit (HIV positive/AIDS) F-3 8 POG2 5902(b)(8) Promoting prostitution-receive benefit (spouse/child/ward) F-3 8 POG2 5902(b.1)(1)* Promoting prostitution of minor-business (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(1)* Promoting prostitution of minor-business (‹16 yrs.) F-3 13 POG3 5902(b.1)(2)* Promoting prostitution of minor-procure (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(2)* Promoting prostitution of minor-procure (‹16 yrs.) F-3 13 POG3 5902(b.1)(3)* Promoting prostitution of minor-induce (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(3)* Promoting prostitution of minor-induce (‹16 yrs.) F-3 13 POG3 5902(b.1)(4)* Promoting prostitution of minor-solicit minor to patronize (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(4)* Promoting prostitution of minor-solicit minor to patronize (‹16 yrs.) F-3 13 POG3 5902(b.1)(5)* Promoting prostitution of minor-procure minor prostitute for patron (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(5)* Promoting prostitution of minor-procure minor prostitute for patron (‹16 yrs.) F-3 13 POG3 5902(b.1)(6)* Promoting prostitution of minor-transport minor for prostitution (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(6)* Promoting prostitution of minor-transport minor for prostitution (‹16 yrs.) F-3 13 POG3 5902(b.1)(7)* Promoting prostitution of minor-provide place for prostitution (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(7)* Promoting prostitution of minor-provide place for prostitution (‹16 yrs.) F-3 13 POG3 5902(b.1)(8)* Promoting prostitution of minor-receive benefit (16-‹18 yrs.) F-3 10 POG3 5902(b.1)(8)* Promoting prostitution of minor-receive benefit (‹16 yrs.) F-3 13 POG3 5902(d) Living off prostitutes M-2 6 POG1 5902(d) Living off prostitutes (compel) F-3 8 POG2 5902(d) Living off prostitutes (HIV positive/AIDS) F-3 8 POG2 5902(d) Living off prostitutes (spouse/child/ward) F-3 8 POG2 5902(e) Patronizing prostitutes (3rd off) M-2 6 POG1 5902(e) Patronizing prostitutes (HIV positive/AIDS) F-3 10 POG2 5903(a)(1) Obscene materials-display (2nd/subsq off or for resale) F-3 8 POG2 5903(a)(2) Obscene materials-sell (2nd/subsq off or for resale) F-3 8 POG2 5903(a)(3)(i) Obscene materials-design (2nd/subsq off or for resale) F-3 8 POG2 5903(a)(3)(ii) Obscene materials-design: minor depicted (1st off & not for resale) M-1 8 POG3 5903(a)(3)(ii) Obscene materials-design: minor depicted (2nd/subsq off or for resale) F-3 10 POG3 5903(a)(4)(i) Obscene materials-prepare ad (2nd/subsq off or for resale) F-3 8 POG2 5903(a)(4)(ii) Obscene materials-prepare ad: minor included (1st off & not for resale) M-1 8 POG3 5903(a)(4)(ii) Obscene materials-prepare ad: minor included (2nd/subsq off or for resale) F-3 10 POG3 5903(a)(5)(i) Obscene materials-produce performance (2nd/subsq off or for resale) F-3 8 POG2 5903(a)(5)(ii) Obscene materials-produce performance: minor included (1st off & not for resale) M-1 8 POG3 5903(a)(5)(ii) Obscene materials-produce performance: minor included (2nd/subsq off or for resale) F-3 10 POG3 5903(a)(6) Obscene materials-use minor to assist (1st off & not for resale) M-1 8 POG3 5903(a)(6) Obscene materials-use minor to assist (2nd/subsq off or for resale) F-3 10 POG3 5903(a)(7) Obscene materials-deliver to correctional facility (2nd/subsq off or for resale) F-3 8 POG2 5903(a)(8) Obscene materials-inmate possesses (2nd/subsq off or for resale) F-3 8 POG2 5903(a)(9) Obscene materials-permit into correctional inst (2nd/subsq off or for resale) F-3 8 POG2 5903(c)(1) Obscene materials-disseminate pictures to minors (1st off) F-3 8 POG2 5903(c)(1) Obscene materials-disseminate pictures to minors (2nd/subsq off) F-2 10 POG3 5903(c)(2) Obscene materials-disseminate print/audio to minors (1st off) F-3 8 POG2 5903(c)(2) Obscene materials-disseminate print/audio to minors (2nd/subsq off) F-2 10 POG3 5903(d) Obscene materials-admit minor to show (1st off) F-3 8 POG2 5903(d) Obscene materials-admit minor to show (2nd/subsq off) F-2 10 POG3 5904 Public exhibition of insane/deformed person M-2 5 POG1 PART II ARTICLE G 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated felony or drug felony (loaded/ammo available) ((a.1)(1)) F-2 15 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated felony or drug felony (loaded/ammo available) ((a.1)(1)) (previous conviction) F-1 18 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated felony or drug felony (loaded/ammo available) ((a.1)(1)) (possession/control of firearm or within reach) F-1 18 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated felony or drug felony (unloaded/no ammo available) ((a.1)(1)) F-2 14 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated felony or drug felony (unloaded/no ammo available) ((a.1)(1)) (previous conviction) F-1 16 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated felony or drug felony (unloaded/no ammo available) ((a.1)(1)) (possession/control of firearm or within reach) F-1 16 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated misd. (loaded/ammo available) ((a.1)(1)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of enumerated misd. (unloaded/no ammo available) ((a.1)(1)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: accept w/PFA (loaded/ammo available) ((a.1)(2)(i)) M-3 5 POG1 6105(a)(1)* Firearms-persons not to possess: accept w/PFA (unloaded/no ammo available) ((a.1)(2)(i)) M-3 2 POG1 6105(a)(1) Firearms-persons not to possess: fail to relinquish w/PFA ((a.1)(2)) M-2 7 POG1 6105(a)(1)* Firearms-persons not to possess: return to person w/PFA (loaded/ammo available) ((a.1)(5)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: return to person w/PFA (unloaded/no ammo available) ((a.1)(5)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: fugitive from justice (loaded/ammo available) ((c)(1)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: fugitive from justice (unloaded/no ammo available) ((c)(1)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of drug misdemeanor (loaded/ammo available) ((c)(2)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of drug misdemeanor (unloaded/no ammo available) ((c)(2)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of DUI (loaded/ammo available) ((c)(3)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: convicted of DUI (unloaded/no ammo available) ((c)(3)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: incompetent/mental illness (loaded/ammo available) ((c)(4)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: incompetent/mental illness (unloaded/no ammo available) ((c)(4)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: alien (loaded/ammo available) ((c)(5)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: alien (unloaded/no ammo available) ((c)(5)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: active PFA (loaded/ammo available) ((c)(6)) M-2 9 POG1 6105(a)(1)* Firearms-persons not to possess: active PFA (unloaded/no ammo available) ((c)(6)) M-2 7 POG1 6105(a)(1)* Firearms-persons not to possess: adjudicated delinquent (loaded/ammo available) ((c)(7)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: adjudicated delinquent (unloaded/no ammo available) ((c)(7)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: adjudicated delinquent (loaded/ammo available) ((c)(8)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: adjudicated delinquent (unloaded/no ammo available) ((c)(8)) M-1 7 POG3 6105(a)(1)* Firearms-persons not to possess: other under U.S.C. (loaded/ammo available) ((c)(9)) M-1 9 POG3 6105(a)(1)* Firearms-persons not to possess: other under U.S.C. (unloaded/no ammo available) ((c)(9)) M-1 7 POG3 6105.2(a)(1) Firearms-persons not to possess: relinquishment of firearms/licenses by convicted persons M-2 7 POG1 6106(a)(1)* Firearms-carried w/o license: ineligible (loaded/ammo available) F-3 13 POG3 6106(a)(1)* Firearms-carried w/o license: ineligible (unloaded/no ammo available) F-3 10 POG3 6106(a)(1)* Firearms-carried w/o license: eligible and criminal act (loaded/ammo available) F-3 13 POG3 6106(a)(1)* Firearms-carried w/o license: eligible and criminal act (unloaded/no ammo available) F-3 10 POG3 6106(a)(2)* Firearms-carried w/o license: eligible and no other criminal act (loaded/ammo available) M-1 7 POG3 6106(a)(2)* Firearms-carried w/o license: eligible and no other criminal act (unloaded/no ammo available) M-1 7 POG3 6108* Firearms-carrying in Philadelphia (loaded/ammo available) M-1 7 POG3 6108* Firearms-carrying in Philadelphia (unloaded/no ammo available) M-1 7 POG3 6110.1(c) Firearms-delivery to minor by adult F-3 10 POG3 6110.2(a)* Firearms-possession w/ altered manufacturer number (loaded/ammo available) F-2 15 POG3 6110.2(a)* Firearms-possession w/ altered manufacturer number (unloaded/no ammo available) F-2 13 POG3 6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs M-2 5 POG1 6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (2nd/subsq off) F-2 13 POG3 6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (false statements) F-3 12 POG3 6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (inappropriate use of criminal history) F-3 7 POG3 6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (sell to ineligible) F-3 12 POG3 6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (unlawful criminal history request) F-3 7 POG3 6111(a)(2) Firearms-sale/transfer: deliver w/o criminal history check M-2 5 POG1 6111(a)(2) Firearms-sale/transfer: deliver w/o criminal history check (2nd/subsq off) F-2 13 POG3 6111(a)(2) Firearms-sale/transfer: deliver w/o criminal history check (false statements) F-3 12 POG3 6111(a)(2) Firearms-sale/transfer: deliver w/o criminal history check (inappropriate use of criminal history) F-3 7 POG3 6111(a)(2) Firearms-sale/transfer: deliver w/o criminal history check (sell to ineligible) F-3 12 POG3 6111(a)(2) Firearms-sale/transfer: deliver w/o criminal history check (unlawful criminal history request) F-3 7 POG3 6111(b)(1) Firearms-sale/transfer: full app/record of sale M-2 5 POG1 6111(b)(1) Firearms-sale/transfer: full app/record of sale (2nd/subsq off) F-2 13 POG3 6111(b)(1) Firearms-sale/transfer: full app/record of sale (false statements) F-3 12 POG3 6111(b)(1) Firearms-sale/transfer: full app/record of sale (inappropriate use of criminal history) F-3 7 POG3 6111(b)(1) Firearms-sale/transfer: full app/record of sale (sell to ineligible) F-3 12 POG3 6111(b)(1) Firearms-sale/transfer: full app/record of sale (unlawful criminal history request) F-3 7 POG3 6111(b)(1.2) Firearms-sale/transfer: transmit fee M-2 5 POG1 6111(b)(1.2) Firearms-sale/transfer: transmit fee (2nd/subsq off) F-2 13 POG3 6111(b)(1.2) Firearms-sale/transfer: transmit fee (false statements) F-3 12 POG3 6111(b)(1.2) Firearms-sale/transfer: transmit fee (inappropriate use of criminal history) F-3 7 POG3 6111(b)(1.2) Firearms-sale/transfer: transmit fee (sell to ineligible) F-3 12 POG3 6111(b)(1.2) Firearms-sale/transfer: transmit fee (unlawful criminal history request) F-3 7 POG3 6111(c) Firearms-sale/transfer: thru licensed dealer M-2 5 POG1 6111(c) Firearms-sale/transfer: thru licensed dealer (2nd/subsq off) F-2 13 POG3 6111(c) Firearms-sale/transfer: thru licensed dealer (false statements) F-3 12 POG3 6111(c) Firearms-sale/transfer: thru licensed dealer (inappropriate use of criminal history) F-3 7 POG3 6111(c) Firearms-sale/transfer: thru licensed dealer (sell to ineligible) F-3 12 POG3 6111(c) Firearms-sale/transfer: thru licensed dealer (unlawful criminal history request) F-3 7 POG3 6111(g)(1) Firearms-sale/transfer: knowing sale/violate § 6111 M-2 5 POG1 6111(g)(1) Firearms-sale/transfer: knowing sale/violate § 6111 (2nd/subsq off) F-2 13 POG3 6111(g)(2) Firearms-sale/transfer: to unqualified or ineligible person F-3 12 POG3 6111(g)(2) Firearms-sale/transfer: to unqualified or ineligible person (2nd/subsq off) F-2 13 POG3 6111(g)(4)(i) Firearms-sale/transfer: materially false oral statement F-3 12 POG3 6111(g)(4)(i) Firearms-sale/transfer: materially false oral statement (2nd/subsq off) F-2 13 POG3 6111(g)(4)(ii) Firearms-sale/transfer: materially false written statement F-3 12 POG3 6111(g)(4)(ii) Firearms-sale/transfer: materially false written statement (2nd/subsq off) F-2 13 POG3 6111(g)(4)(iii) Firearms-sale/transfer: willfully furnishes/exhibits false ID F-3 12 POG3 6111(g)(4)(iii) Firearms-sale/transfer: willfully furnishes/exhibits false ID (2nd/subsq off) F-2 13 POG3 6117(a) Firearms-alter manufacturer number/ID F-2 10 POG3 6121(a) Firearms-certain bullets prohibited F-3 7 POG3 6161(a) Carrying explosives on conveyances M-2 7 POG1 6162(a) Shipping explosives M-3 7 POG1 6301(a)(1)(ii) Corruption of minors-course of conduct (of a sexual nature) F-3 10 POG3 6310.2(a) Manufacture/sale of false ID card M-2 5 POG1 6311(a) Tattooing a minor (2nd/subsq off) M-2 5 POG1 6311(b) Body piercing a minor (2nd/subsq off) M-2 5 POG1 6312(b)* Sexual abuse of children-photographing/etc. sexual acts (13-‹18 yrs.) F-2 12 POG3 E 6312(b)* Sexual abuse of children-photographing/etc. sexual acts (10-‹13 yrs.) F-2 13 POG3 E 6312(b)* Sexual abuse of children-photographing/etc. sexual acts (‹10 yrs. or determination of prepubescence) F-1 17 POG3 E 6312(b)* Sexual abuse of children-photographing/etc. sexual acts: when indecent contact depicted (13-‹18 yrs.) F-1 15 POG3 E 6312(b)* Sexual abuse of children-photographing/etc. sexual acts: when indecent contact depicted (10-‹13 yrs.) F-1 17 POG3 E 6312(b)* Sexual abuse of children-photographing/etc. sexual acts: when indecent contact depicted (‹10 yrs. or determination of prepubescence) F-1 18 POG3 E 6312(c)* Sexual abuse of children-dissemination (13-‹18 yrs.) (1st off) F-3 9 POG3 E 6312(c)* Sexual abuse of children-dissemination (13-‹18 yrs.) (2nd/subsq off) F-2 10 POG3 E 6312(c)* Sexual abuse of children-dissemination (10-‹13 yrs.) (1st off) F-3 10 POG3 E 6312(c)* Sexual abuse of children-dissemination (10-‹13 yrs.) (2nd/subsq off) F-2 12 POG3 E 6312(c)* Sexual abuse of children-dissemination (‹10 yrs. or determination of prepubescence) (1st off) F-2 14 POG3 E 6312(c)* Sexual abuse of children-dissemination (‹10 yrs. or determination of prepubescence) (2nd/subsq off) F-2 15 POG3 E 6312(c)* Sexual abuse of children-dissemination: when indecent contact depicted (13-‹18 yrs.) (1st offense) F-2 13 POG3 E 6312(c)* Sexual abuse of children-dissemination: when indecent contact depicted (13-‹18 yrs.) (2nd/subsq offense) F-2 14 POG3 E 6312(c)* Sexual abuse of children-dissemination: when indecent contact depicted (10-‹13 yrs. or determination of prepubescence) (1st offense) F-2 14 POG3 E 6312(c)* Sexual abuse of children-dissemination: when indecent contact depicted (10-‹13 yrs. or determination of prepubescence) (2nd/subsq offense) F-2 15 POG3 E 6312(c)* Sexual abuse of children-dissemination: when indecent contact depicted (‹10 yrs. or determination of prepubescence) (1st offense) F-2 15 POG3 E 6312(c)* Sexual abuse of children-dissemination: when indecent contact depicted (‹10 yrs. or determination of prepubescence) (2nd/subsq offense) F-2 16 POG3 E 6312(d)* Sexual abuse of children-possess child pornography (13-‹18 yrs.) (1st off) F-3 9 POG3 E 6312(d)* Sexual abuse of children-possess child pornography (13-‹18 yrs.) (2nd/subsq off) F-2 10 POG3 E 6312(d)* Sexual abuse of children-possess child pornography (10-‹13 yrs.) (1st off) F-3 10 POG3 E 6312(d)* Sexual abuse of children-possess child pornography (10-‹13 yrs.) (2nd/subsq off) F-2 12 POG3 E 6312(d)* Sexual abuse of children-possess child pornography (‹10 yrs. or determination of prepubescence) (1st off) F-2 14 POG3 E 6312(d)* Sexual abuse of children-possess child pornography (‹10 yrs. or determination of prepubescence) (2nd/subsq off) F-2 15 POG3 E 6312(d)* Sexual abuse of children-possess child pornography: when indecent contact depicted (13-‹18 yrs.) (1st offense) F-2 13 POG3 E 6312(d)* Sexual abuse of children-possess child pornography: when indecent contact depicted (13-‹18 yrs.) (2nd/subsq offense) F-2 14 POG3 E 6312(d)* Sexual abuse of children-possess child pornography: when indecent contact depicted (10-‹13 yrs.) (1st offense) F-2 14 POG3 E 6312(d)* Sexual abuse of children-possess child pornography: when indecent contact depicted (10-‹13 yrs.) (2nd/subsq offense) F-2 15 POG3 E 6312(d)* Sexual abuse of children-possess child pornography: when indecent contact depicted (‹10 yrs. or determination of prepubescence) (1st offense) F-2 15 POG3 E 6312(d)* Sexual abuse of children-possess child pornography: when indecent contact depicted (‹10 yrs. or determination of prepubescence) (2nd/subsq offense) F-2 16 POG3 E 6318(a)(1) Unlawful contact with minor-sexual offenses (underlying offense = F-3 or greater) Same as under-
lying offenseSame as under-
lying offense, or OGS 10, which-
ever is greaterSame as under-
lying offense6318(a)(1) Unlawful contact with minor-sexual offenses (underlying offense ‹F-3) F-3 10 POG3 6318(a)(2) Unlawful contact with minor-open lewdness (underlying offense = F-3 or greater) Same as under-
lying offenseSame as under-
lying offense, or OGS 9, which-
ever is greaterSame as under-
lying offense6318(a)(2) Unlawful contact with minor-open lewdness (underlying offense ‹F-3) F-3 9 POG3 6318(a)(3) Unlawful contact with minor-prostitution (underlying offense = F-3 or greater) Same as under-
lying offenseSame as under-
lying offense, or OGS 9, which-
ever is greaterSame as under-
lying offense6318(a)(3) Unlawful contact with minor-prostitution (underlying offense ‹F-3) F-3 9 POG3 6318(a)(4) Unlawful contact with minor-sexual materials (underlying offense = F-3 or greater) Same as under-
lying offenseSame as under-
lying offense, or OGS 9, which-
ever is greaterSame as under-
lying offense6318(a)(4) Unlawful contact with minor-sexual materials (underlying offense ‹F-3) F-3 9 POG3 6318(a)(5) Unlawful contact with minor-sexual abuse (underlying offense = F-3 or greater) Same as under-
lying offenseSame as under-
lying offense, or OGS 9, which-
ever is greaterSame as under-
lying offense6318(a)(5) Unlawful contact with minor-sexual abuse (underlying offense ‹F-3) F-3 9 POG3 6318(a)(6) Unlawful contact with minor-sexual exploitation (underlying offense = F-3 or greater) Same as under-
lying offenseSame as under-
lying offense, or OGS 9, which-
ever is greaterSame as under-
lying offense6318(a)(6) Unlawful contact with minor-sexual exploitation (underlying offense ‹F-3) F-3 9 POG3 6319(a) Solicitation of minors to traffic drugs-general F-2 13 POG3 6319(b) Solicitation of minors to traffic drugs-drug-free school zone F-1 16 POG3 6320 Sexual exploitation of children F-2 13 POG3 6321(b) Transmission, sexually explicit image by minor-of another minor (victim ›=12 yrs.) M-3 5 POG1 6321(c)(1) Transmission, sexually explicit image by minor-w/ intent to harass: makes depiction of minor w/ nudity w/o knowledge and consent M-2 7 POG1 6321(c)(2) Transmission, sexually explicit image by minor-w/ intent to harass: transmits depiction of minor w/ nudity w/o knowledge and consent M-2 7 POG1 6501(a)(3) Scattering rubbish-deposit trash on street (2nd/subsq off) M-1 7 POG1 6501(a)(3) Scattering rubbish-deposit trash on street (1st off) M-2 5 POG1 6504 Public nuisances M-2 5 POG1 7302(a) Sale of solidified alcohol M-2 5 POG1 7307 Out-of-state convict made goods-sell/exchange M-2 5 POG1 7308(a) Unlawful advertising of insurance business M-2 5 POG1 7313(a) Buying/exchanging SNAP benefits (›=$1,000) F-3 7 POG2 7314(a) Fraudulent traffic in SNAP benefits (›=$2,500) F-2 10 POG3 7314(a) Fraudulent traffic in SNAP benefits ($1,000-‹$2,500) F-3 7 POG2 7321(a) Lie detector tests-require for employment M-2 5 POG1 7323 Discrimination on account of U.S. Armed Forces uniform M-2 5 POG1 7507 Breach of privacy-use stress monitor w/o consent M-2 5 POG1 7507.1(a)(1) Invasion of privacy-view/photograph person w/o consent (single violation) M-3 5 POG1 7507.1(a)(1) Invasion of privacy-view/photograph person w/o consent (›1 violation) M-2 7 POG1 7507.1(a)(2) Invasion of privacy-view/photograph intimate parts w/o consent (single violation) M-3 5 POG1 7507.1(a)(2) Invasion of privacy-view/photograph intimate parts w/o consent (›1 violation) M-2 7 POG1 7507.1(a)(3) Invasion of privacy-transfer image (single violation) M-3 5 POG1 7507.1(a)(3) Invasion of privacy-transfer image (›1 violation) M-2 7 POG1 7508.2(a) Operate meth lab-cause chemical reaction F-2 12 POG3 7508.2(a) Operate meth lab-cause chemical reaction (w/in 1,000 ft of school) F-1 13 POG3 7510(a) Municipal housing code avoidance (4th off) M-2 5 POG1 7512(a) Criminal use of communication facility F-3 7 POG2 7611(a)(1) Unlawful use of computer-access w/ intent to disrupt function F-3 10 POG2 7611(a)(2) Unlawful use of computer-access/interfere/damage/ destroy F-3 10 POG2 7611(a)(3) Unlawful use of computer-provide password/ID code/ PIN/etc. F-3 10 POG2 7612(a) Disruption of computer service F-3 10 POG2 7613(a) Computer theft F-3 10 POG2 7614(a) Unlawful duplication (›$2,500) F-2 10 POG3 7614(a) Unlawful duplication (‹=$2,500) F-3 10 POG2 7615(a)(1) Computer trespass-remove data/programs F-3 10 POG2 7615(a)(2) Computer trespass-cause malfunction F-3 10 POG2 7615(a)(3) Computer trespass-alter/erase data F-3 10 POG2 7615(a)(4) Computer trespass-transfer funds F-3 10 POG2 7615(a)(5) Computer trespass-cause physical injury to property F-3 10 POG2 7616(a)(1) Distribution of a computer virus-prevent/disrupt operation F-3 10 POG2 7616(a)(2) Distribution of a computer virus-degrade/destroy performance F-3 10 POG2 7622 Duty of internet provider-disable child porn access (2nd off) M-2 5 POG1 7622 Internet service provider-disable child porn access (3rd/subsq off) F-3 8 POG2 7661(a)(1) Unlawful transmis. email- forge/falsify (malicious damage; ›=$2,500) F-3 10 POG2 7661(a)(1) Unlawful transmis. email- forge/falsify (reckless damage; ›=$2,500) M-1 8 POG1 7661(a)(2)(i) Unlawful transmis. email-sell software to falsify (malicious damage; ›=$2,500) F-3 10 POG2 7661(a)(2)(i) Unlawful transmis. email-sell software to falsify (reckless damage; ›=$2,500) M-1 8 POG1 7661(a)(2)(ii) Unlawful transmis. email-sell software w/ limited purpose (malicious damage; ›=$2,500) F-3 10 POG2 7661(a)(2)(ii) Unlawful transmis. email-sell software w/ limited purpose (reckless damage; ›=$2,500) M-1 8 POG1 7661(a)(2)(iii) Unlawful transmis. email-sell software known to falsify (malicious damage; ›=$2,500) F-3 10 POG2 7661(a)(2)(iii) Unlawful transmis. email-sell software known to falsify (reckless damage; ›=$2,500) M-1 8 POG1 7702(1) Owning/operating/conducting a chop shop F-2 10 POG3 7702(2) Owning/operating/conducting a chop shop-transfer/sell vehicle F-2 10 POG3 7703 Altered or illegally obtained property-vehicle ID num F-3 8 POG2 7704 Altered or illegally obtained property-disposition F-3 8 POG2
30 Pa.C.S. § Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements 5502.1(a) Homicide by watercraft while operating under influence F-2 17 POG3 M 5502.2* Homicide by watercraft (when there is a conviction for operating under the influence) M-1 12 POG1 5502.2* Homicide by watercraft (when there is not a conviction for operating under the influence) M-1 10 POG1 5502.3(a) Aggravated assault by watercraft while operating under influence F-2 16 POG3 5502.4(a) Aggravated assault by watercraft (SBI) F-3 11 POG2
35 P.S. § 780-113 Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements (a)(1) Manufacture/sale/delivery-adulterated controlled substance (1st off) M 7 POG1 (a)(1) Manufacture/sale/delivery-adulterated controlled substance (2nd/subsq off) M 8 POG1 (a)(2) Adulterate/misbrand-controlled substance (1st off) M 7 POG1 (a)(2) Adulterate/misbrand-controlled substance (2nd/subsq off) M 8 POG1 (a)(3) False/misleading advertisement (1st off) M 7 POG1 (a)(3) False/misleading advertisement (2nd/subsq off) M 8 POG1 (a)(4) Removal/disposal-detained substance (1st off) M 8 POG1 (a)(4) Removal/disposal-detained substance (2nd/subsq off) M 8 POG1 (a)(5) Adulterate/destroy label-controlled substance for sale (1st off) M 7 POG1 (a)(5) Adulterate/destroy label-controlled substance for sale (2nd/subsq off) M 8 POG1 (a)(6) Forge/counterfeit w/ mark/ID symbol (1st off) M 8 POG1 (a)(6) Forge/counterfeit w/ mark/ID symbol (2nd/subsq off) M 8 POG1 (a)(7) Place trademark on controlled substance to defraud (1st off) M 8 POG1 (a)(7) Place trademark on controlled substance to defraud (2nd/subsq off) M 8 POG1 (a)(8) Selling controlled substance w/ defrauded trademark (1st off) M 8 POG1 (a)(8) Selling controlled substance w/ defrauded trademark (2nd/subsq off) M 8 POG1 (a)(9) Selling trademark equipment to defraud (1st off) M 8 POG1 (a)(9) Selling trademark equipment to defraud (2nd/subsq off) M 8 POG1 (a)(10) Illegal sale of nonproprietary drug (1st off) M 7 POG1 (a)(10) Illegal sale of nonproprietary drug (2nd/subsq off) M 8 POG1 (a)(11) Illegal pharmacy operations (1st off) M 8 POG1 (a)(11) Illegal pharmacy operations (2nd/subsq off) M 8 POG1 (a)(12)* Acquisition of controlled substance by fraud-heroin (›1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-heroin (100-1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-heroin (50-‹100 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-heroin (10-‹50 g) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-heroin (1-‹10 g) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-heroin (‹1 g) F 9 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (›1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (›1,000 pills) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (100-1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (100-1,000 pills) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (50-‹100 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (50-‹100 pills) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (10-‹50 g) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (10-‹50 pills) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (1-‹10 g) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (1-‹10 pills) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-other narcotics, Sched I & II (‹1 g) F 9 POG2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (›1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (100-1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (50-‹100 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (10-‹50 g) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (5-‹10 g) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (2-‹5 g) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-cocaine (‹2 g) F 8 POG2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (›1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (100-1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (50-‹100 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (10-‹50 g) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (2.5-‹10 g) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-methamphetamine (‹2.5 g) F 9 POG2 (a)(12)* Acquisition of controlled substance by fraud-PCP (›1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-PCP (100-1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-PCP (50-‹100 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-PCP (10-‹50 g) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-PCP (2.5-‹10 g) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-PCP (‹2.5 g) F 9 POG2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (›1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (100-1,000 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (50-‹100 g) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (10-‹50 g) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (2.5-‹10 g) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-MDMA (‹2.5 g) F 9 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana ( ›1,000 lbs.) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (›5,000 plants) F 16 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (50-1,000 lbs.) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (51-5,000 plants) F 12 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (10-‹50 lbs.) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (21-‹51 plants) F 10 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (1-‹10 lbs.) F 8 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (10-‹21 plants) F 8 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (‹1 lb.) F 7 POG2 (a)(12)* Acquisition of controlled substance by fraud-marijuana (‹10 plants) F 7 POG2 (a)(12)* Acquisition of controlled substance by fraud-Sched I F 8 POG2 (a)(12)* Acquisition of controlled substance by fraud-Sched II F 8 POG2 (a)(12)* Acquisition of controlled substance by fraud-Sched III F 8 POG2 (a)(12)* Acquisition of controlled substance by fraud-Sched IV F 8 POG2 (a)(12)* Acquisition of controlled substance by fraud-Sched V M 7 POG1 (a)(13) Dispense drugs to dependent person (1st off) M 7 POG1 (a)(13) Dispense drugs to dependent person (2nd/subsq off) M 8 POG1 (a)(14)* Delivery by practitioner-heroin (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-heroin (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-heroin (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-heroin (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-heroin (1-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-heroin (‹1 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (›=100 g) F 22 POG2 Distribution to minors (35 P.S. § 780-114) 24 POG2 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (50-‹100 g) F 22 POG2 Distribution to minors (35 P.S. § 780-114) 24 POG2 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (10-‹50 g) F 18 POG2 Distribution to minors (35 P.S. § 780-114) 22 POG2 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (1-‹10 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-fentanyl and its derivatives and analogues (‹1 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-other narcotics Sched I & II (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (›1,000 pills) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (100-1,000 pills) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (50-‹100 pills) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (10-‹50 pills) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (1-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (1-‹10 pills) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-other narcotics, Sched I & II (‹1 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 (a)(14)* Delivery by practitioner-cocaine (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-cocaine (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-cocaine (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-cocaine (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-cocaine (5-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-cocaine (2-‹5 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-cocaine (‹2 g) F 8 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-methamphetamine (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-methamphetamine (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-methamphetamine (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-methamphetamine (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-methamphetamine (2.5-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-methamphetamine (‹2.5 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 (a)(14)* Delivery by practitioner-PCP (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-PCP (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-PCP (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-PCP (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-PCP (2.5-‹ 10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-PCP (‹2.5 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 (a)(14)* Delivery by practitioner-MDMA (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-MDMA (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-MDMA (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 (a)(14)* Delivery by practitioner-MDMA (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-MDMA (2.5-‹ 10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-MDMA (‹2.5 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 (a)(14)* Delivery by practitioner-marijuana (›1,000 lbs.) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-marijuana (›5,000 plants) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-marijuana (50-1,000 lbs.) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-marijuana (51-5,000 plants) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 (a)(14)* Delivery by practitioner-marijuana (10-‹50 lbs.) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-marijuana (21-‹51 plants) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 (a)(14)* Delivery by practitioner-marijuana (1-‹10 lbs.) F 8 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 (a)(14)* Delivery by practitioner-marijuana (10-‹21 plants) F 8 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 (a)(14)* Delivery by practitioner-marijuana (‹1 lb.) F 7 POG2 Distribution to minors (35 P.S. § 780-114) 8 POG2 (a)(14)* Delivery by practitioner-marijuana (‹10 plants) F 7 POG2 Distribution to minors (35 P.S. § 780-114) 8 POG2 (a)(14)* Delivery by practitioner- Sched I F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 (a)(14)* Delivery by practitioner- Sched II F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 (a)(14)* Delivery by practitioner- Sched III F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 (a)(14)* Delivery by practitioner- Sched IV F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 (a)(14)* Delivery by practitioner- Sched V M 7 POG1 Distribution to minors (35 P.S. § 780-114) 8 POG1 (a)(15) Illegal retail sale-controlled substance (1st off) M 7 POG1 (a)(15) Illegal retail sale-controlled substance (2nd/subsq off) M 8 POG1 (a)(16) Simple possession (1st off) M 5 POG1 (a)(16) Simple possession (2nd/subsq off) M 6 POG1 (a)(16) Simple possession-GHB (1st off) F 8 POG2 (a)(16) Simple possession-GHB (2nd/sub off) F 8 POG2 (a)(17) Dispense drugs w/o label by practitioner (1st off) M 7 POG1 (a)(17) Dispense drugs w/o label by practitioner (2nd/subsq off) M 8 POG1 (a)(18) Illegal sale container (1st off) M 7 POG1 (a)(18) Illegal sale container (2nd/subsq off) M 8 POG1 (a)(19) Intentional unauthorized purchase (1st off) M 7 POG1 (a)(19) Intentional unauthorized purchase (2nd/subsq off) M 8 POG1 (a)(20) Divulging trade secret (1st off) M 7 POG1 (a)(20) Divulging trade secret (2nd/subsq off) M 8 POG1 (a)(21) Failure to keep records (1st off) M 5 POG1 (a)(21) Failure to keep records (2nd/subsq off) M 6 POG1 (a)(22) Refusal of inspection (1st off) M 5 POG1 (a)(22) Refusal of inspection (2nd/subsq off) M 6 POG1 (a)(23) Unauthorized removal of seals M 8 POG1 (a)(24) Failure to obtain license (1st off) M 5 POG1 (a)(24) Failure to obtain license (2nd/subsq off) M 6 POG1 (a)(25) Manufacture by unauthorized party M 8 POG1 (a)(26) Distribution by registrant of Schedule I or II M 8 POG1 (a)(27) Use of fictitious registration number M 8 POG1 (a)(28) Furnish false application material M 8 POG1 (a)(29) Production of counterfeit trademarks equipment M 8 POG1 (a)(30)* Possession with intent to deliver-heroin (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-heroin (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-heroin (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-heroin (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-heroin (1-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-heroin (‹1 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (›=100 g) F 22 POG2 Distribution to minors (35 P.S. § 780-114) 24 POG2 Second or subsequent offense (35 P.S. § 780-115) 24 POG2 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (50-‹100 g) F 22 POG2 Distribution to minors (35 P.S. § 780-114) 24 POG2 Second or subsequent offense (35 P.S. § 780-115) 24 POG2 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (10-‹50 g) F 18 POG2 Distribution to minors (35 P.S. § 780-114) 22 POG2 Second or subsequent offense (35 P.S. § 780-115) 22 POG2 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (1-‹10 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-fentanyl and its derivatives and analogues (‹1 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (›1,000 pills) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (100-1,000 pills) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (50-‹100 pills) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (10-‹50 pills) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (1-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (1-‹10 pills) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-other narcotics, Sched I & II (‹1 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-cocaine (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-cocaine (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-cocaine (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-cocaine (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-cocaine (5-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-cocaine (2-‹5 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-cocaine (‹2 g) F 8 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-methamphetamine (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-methamphetamine (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-methamphetamine (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-methamphetamine (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-methamphetamine (2.5-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-methamphetamine (‹2.5 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-PCP (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-PCP (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-PCP (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-PCP (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-PCP (2.5-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-PCP (‹2.5 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-MDMA (›1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-MDMA (100-1,000 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-MDMA (50-‹100 g) F 16 POG2 Distribution to minors (35 P.S. § 780-114) 17 POG2 Second or subsequent offense (35 P.S. § 780-115) 17 POG2 (a)(30)* Possession with intent to deliver-MDMA (10-‹50 g) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-MDMA (2.5-‹10 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-MDMA (‹2.5 g) F 9 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-marijuana (›1,000 lbs.) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-marijuana (›5,000 plants) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-marijuana (50-1,000 lbs.) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-marijuana (51-5,000 plants) F 12 POG2 Distribution to minors (35 P.S. § 780-114) 13 POG2 Second or subsequent offense (35 P.S. § 780-115) 13 POG2 (a)(30)* Possession with intent to deliver-marijuana (10-‹50 lbs.) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-marijuana (21-‹51 plants) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-marijuana (1-‹10 lbs.) F 8 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-marijuana (10-‹21 plants) F 8 POG2 Distribution to minors (35 P.S. § 780-114) 11 POG2 Second or subsequent offense (35 P.S. § 780-115) 11 POG2 (a)(30)* Possession with intent to deliver-marijuana (‹1 lb.) F 7 POG2 Distribution to minors (35 P.S. § 780-114) 8 POG2 Second or subsequent offense (35 P.S. § 780-115) 8 POG2 (a)(30)* Possession with intent to deliver-marijuana (‹10 plants) F 7 POG2 Distribution to minors (35 P.S. § 780-114) 8 POG2 Second or subsequent offense (35 P.S. § 780-115) 8 POG2 (a)(30)* Possession with intent to deliver-Sched I (›=100 g) F 10 POG2 Distribution to minors (35 P.S. § 780-114) 12 POG2 Second or subsequent offense (35 P.S. § 780-115) 12 POG2 (a)(30)* Possession with intent to deliver-Sched I (‹100 g) F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 Second or subsequent offense (35 P.S. § 780-115) 10 POG2 (a)(30)* Possession with intent to deliver-Sched II F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 Second or subsequent offense (35 P.S. § 780-115) 10 POG2 (a)(30)* Possession with intent to deliver-Sched III F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 Second or subsequent offense (35 P.S. § 780-115) 10 POG2 (a)(30)* Possession with intent to deliver-Sched IV F 8 POG2 Distribution to minors (35 P.S. § 780-114) 10 POG2 Second or subsequent offense (35 P.S. § 780-115) 10 POG2 (a)(30)* Possession with intent to deliver-Sched V M 7 POG1 Distribution to minors (35 P.S. § 780-114) 8 POG1 Second or subsequent offense (35 P.S. § 780-115) 8 POG1 (a)(31)(i) Possession-small amt. of marijuana (‹=30 g/‹=8 g hashish): personal use M 2 POG1 (a)(31)(ii) Possession-small amt. of marijuana (‹=30 g/‹=8 g hashish): intent to distribute, not sell M 2 POG1 (a)(31)(iii) Possession-small amt. of marijuana (‹=30 g/‹=8 g hashish): distribution, not sale M 2 POG1 (a)(33) Possession w/ intent to deliver paraphernalia-under 18/3 yrs. or more junior M-2 7 POG1 (a)(33) Possession w/ intent to deliver paraphernalia-not to a minor M 7 POG1 (a)(34) Place ad for sale of drug paraphernalia M 2 POG1 (a)(34) Place ad for sale of drug paraphernalia-GHB F 8 POG2 (a)(35)(i) Illegal sale of noncontrolled substance-intent to distribute F 8 POG2 (a)(35)(ii) Illegal sale of noncontrolled substance-represent as controlled substance F 8 POG2 (a)(35)(iii) Illegal sale of noncontrolled substance-distribute for redistribution F 8 POG2 (a)(36) Possession w/ intent to deliver-designer drugs F 8 POG2 (a)(37) Possession ›30 doses-anabolic steroid (1st off) M 7 POG1 (a)(37) Possession ›30 doses-anabolic steroid (2nd/subsq off) M 8 POG1 (a)(38)(ii) Unlawful manufacture-methamphetamine (BI of child ‹18) F-2 13 POG3 (a)(38)(i) Unlawful manufacture-methamphetamine (child ‹18 present) F-3 10 POG2 (a)(39) Possess ephedrine, etc. w/ intent to manufacture methamphetamine (1st off) M 5 POG1 (a)(39) Possess ephedrine, etc. w/ intent to manufacture methamphetamine (2nd/subsq off) M 6 POG1 (a)(40) Retail sale-product containing ephedrine, etc. (1st off) M 5 POG1 (a)(40) Retail sale-product containing ephedrine, etc. (2nd/subsq off) M 5 POG1
35 P.S. § 780-113.1 Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements (a)(1)(i) Possess liquefied ammonia-purpose other than agriculture/industrial M 7 POG1 (a)(1)(ii) Possess liquefied ammonia-unapproved container M 7 POG1 (a)(2) Possess liquefied ammonia-intent to manufacture controlled substance F 8 POG2 (a)(3) Possess red phosphorous-intent to manufacture controlled substance F 8 POG2 (a)(4) Possess esters/salts/etc. w/ intent to manufacture controlled substance F 8 POG2
35 P.S. § 780-113.4 Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements (a)(1) Operate meth lab-create chemical reaction F-2 10 POG3 (a)(3) Operate meth lab-create chemical reaction (w/in 1,000 ft. of school) F-1 12 POG3 (b)(1) Operate meth lab-stores/disposes substance used in manufacture F-3 8 POG2
35 P.S. § § 6018.101— 6018.1002 Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements Solid Waste Management Act Knowingly transports, etc. hazardous waste without permit F-1 13 POG3 Transports, etc. hazardous waste without permit F-2 10 POG3
35 P.S. § § 4001—4015 Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements Air Pollution Control Act Knowingly releases hazardous air pollutant F-1 13 POG3 Violation of Act, DER Order, etc. M-2 5 POG1
42 Pa.C.S. § Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements 4583.1(a)(1) Agg. jury tampering-employ force/violence (charged crime murder 1/murder 2/F-1) F-1 18 POG3 4583.1(a)(1) Agg. jury tampering-employ force/violence (charged crime F-2) F-2 13 POG3 4583.1(a)(1) Agg. jury tampering-employ force/violence (any other charged crime) F-3 10 POG2 4583.1(a)(2) Agg. jury tampering-pecuniary/benefit (charged crime murder 1/murder 2/F-1) F-1 18 POG3 4583.1(a)(2) Agg. jury tampering-pecuniary/benefit (charged crime F-2) F-2 13 POG3 4583.1(a)(2) Agg. jury tampering-pecuniary/benefit (any other charged crime) F-3 10 POG2 4583.1(a)(3) Agg. jury tampering-further conspiracy (charged crime murder 1/murder 2/F-1) F-1 18 POG3 4583.1(a)(3) Agg. jury tampering-further conspiracy (charged crime F-2) F-2 13 POG3 4583.1(a)(3) Agg. jury tampering-further conspiracy (any other charged crime) F-3 10 POG2 4583.1(a)(4) Agg. jury tampering-accept pecuniary benefit (charged crime murder 1/murder 2/F-1) F-1 18 POG3 4583.1(a)(4) Agg. jury tampering-accept pecuniary benefit (charged crime F-2) F-2 13 POG3 4583.1(a)(4) Agg. jury tampering-accept pecuniary benefit (any other charged crime) F-3 10 POG2
75 Pa.C.S. § Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Mandatory/ Enhancements 1543(b)(1)(iii) Drive w/ suspended/revoked license as condition of ARD/conviction for DUI (3rd/subsq off) M-3 9 POG1 M 1543(b)(1.1)(ii) Drive w/ susp. lic. & BAC ›=0.02%/or under influence of controlled subst. (2nd off) M-3 9 POG1 M 1543(b)(1.1)(iii) Drive w/ susp. lic. & BAC ›=0.02%/or under influence of controlled subst. (3rd/subsq off) M-1 13 POG1 M 3367 Racing on highways (2nd/subsq off) M 2 POG1 3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and B) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A and Category B) F-31 16 POG2 E 3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and C) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) (Category A and Category C) F-31 16 POG2 E 3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: B) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) and C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category B and Category C) F-31 14 POG2 E 3732(a)* Homicide by vehicle-w/ one additional factor present during the criminal incident: A) DUI conviction, texting (75-3316) or B) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) or C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A or Category B or Category C) F-31 14 POG2 E 3732(a)* Homicide by vehicle F-3 12 POG2 3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and B) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A and Category B) F-32 15 POG2 E 3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: A) DUI conviction or texting (75-3316) and C) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) (Category A and Category C) F-32 15 POG2 E 3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: B) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) and C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category B and Category C) F-32 13 POG2 E 3732.1(a)* Aggravated assault by vehicle w/ one additional factor present during the criminal incident: A) DUI conviction, texting (75-3316), required to be licensed (75-1501) or B) operating privilege suspended/revoked (75-1543) or C) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) (Category A or Category B or Category C) F-32 13 POG2 E 3732.1(a)* Aggravated assault by vehicle F-3 11 POG2 3735(a)(1)(i) Homicide by vehicle while DUI F-2 17 POG3 M 3735(a)(1)(ii) Homicide by vehicle while DUI (prior DUI) F-1 18 POG3 M 3735.1(a) Aggravated assault by vehicle while DUI F-2 16 POG3 3735.1(a.1)* Aggravated assault by vehicle while DUI-required to be licensed (75-1501) or operating privilege suspended/revoked (75-1543) F-2 17 POG3 3742(a)* Accident involving death/personal injury-failure to stop (death) F-2 17 POG3 M/E 3742(a)* Accident involving death/personal injury-failure to stop (SBI) F-3 9 POG2 M 3742.1(a)(1)* Accident involving death/personal injury-not properly licensed (death) F-3 11 POG2 3742.1(a)(1)* Accident involving death/personal injury-not properly licensed (SBI) F-3 9 POG2 3742.1(a)(2) Accident involving death/personal injury-not properly licensed: acting with negligence (death) M-2 7 POG1 3742.1(a)(2) Accident involving death/personal injury-not properly licensed: acting with negligence (SBI) M-3 4 POG1 3808(a)(1) Illegally operating motor vehicle not equipped with ignition interlock-no BAC M 2 POG1 3808(a)(2) Illegally operating motor vehicle not equipped with ignition interlock-BAC ›=.025 M-3 9 POG1 M * = subcategorized offenses by OGS assignment (§ 303a.3(a)(2), § 303a.3(b)(2), § 303a.12)
E = offenses subject to OGS adjustment (§ 303a.3(b)(2), § 303a.12)
1 Pursuant to 75 Pa.C.S. § 3732(b), statutory maximum increased by 5 years if offense occurred in active work zone or if also convicted of 75-1501, 75-1543, 75-3316, 75-3325, or 75-3327 (maximum = 12 years)
2 Pursuant to 75 Pa.C.S. § 3732.1(b)(1), statutory maximum increased by 2 years if offense occurred in active work zone or if also convicted of 75-1501, 75-1543, 75-3316, 75-3325 or 75-3327 (maximum = 9 years)
Source The provisions of this § 303a.9 corrected September 15, 2023, effective January 1, 2024, 53 Pa.B. 5708.
Cross References This section cited in 204 Pa. Code § 303a.3 (relating to offense gravity score); and 204 Pa. Code § 303a.11 (relating to omnibus OGS tables).
§ 303a.10. BUI/DUI offense listing (OGS/POG assignments).
Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Enhancements 30 Pa.C.S. § All offenses contained within this section (related to operating watercraft under influence of alcohol or controlled substance) are subject to a mandatory penalty under 30 Pa.C.S. § 5502(c.1) (relating to operating watercraft under influence of alcohol or controlled substance). 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (1st off) M 4 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (1st off); 1st minor ‹18 passenger M-1 4 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (2nd off) M 7 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (2nd off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (2nd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off) M-2 7 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-general impairment/incapable of safe operation (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (1st off) M 4 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (1st off); 1st minor ‹18 passenger M-1 4 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (2nd off) M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (2nd off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (2nd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off) M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: refused testing (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (1st off) M 4 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (1st off); 1st minor ‹18 passenger M-1 4 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (2nd off) M 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (2nd off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (2nd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off) M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (3rd off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off) M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/BI/SBI/death (4th/subsq off); 3rd/ subsq minor ‹18 passenger M-1 9 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (1st off) M 4 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (1st off); 1st minor ‹18 passenger M-1 4 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (2nd off) M 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (2nd off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (2nd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off) M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (3rd off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off) M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(1) Oper. watercraft under influence-incapable of safe operation: accident w/ damage (4th/subsq off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (1st off) M 4 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (1st off); 1st minor ‹18 passenger M-1 4 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (2nd off) M 7 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (2nd off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (2nd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (3rd/subsq off) M-2 7 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (3rd/subsq off); 1st minor ‹18 passenger M-1 7 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (3rd/subsq off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a)(2) Oper. watercraft under influence-general impairment: BAC .08-‹.10 (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (1st off) M 7 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (2nd off) M 8 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (2nd off); 1st minor ‹18 passenger M-1 8 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (3rd off) M-1 9 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (3rd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (3rd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (3rd off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (4th/subsq off) M-1 13 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (4th/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (4th/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.1) Oper. watercraft under influence-high rate of alcohol: BAC .10-‹.16 (4th/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (1st off) M 7 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (2nd off) M-1 9 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (2nd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (3rd/subsq off) M-1 13 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (3rd/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (3rd/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.2) Oper. watercraft under influence-highest rate of alcohol: BAC ›=.16 (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (1st off) M 7 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (2nd off) M-1 9 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (2nd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off) M-1 13 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(i) Oper. watercraft under influence-controlled substances: Sched I (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (1st off) M 7 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (2nd off) M-1 9 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (2nd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off) M-1 13 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(ii) Oper. watercraft under influence-controlled substances: Sched II/III (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (1st off) M 7 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (2nd off) M-1 9 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (2nd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off) M-1 13 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.3)(1)(iii) Oper. watercraft under influence-controlled substances: metabolite of Sched I/II/III (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (1st off) M 7 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (2nd off) M-1 9 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (2nd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off) M-1 13 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.3)(2) Oper. watercraft under influence-controlled substances & incapable of safe operation (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (1st off) M 7 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (2nd off) M-1 9 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (2nd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off) M-1 13 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.3)(3) Oper. watercraft under influence-controlled substances & alcohol & incapable of safe operation (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (1st off) M 7 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (2nd off) M-1 9 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (2nd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (2nd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off) M-1 13 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.3)(4) Oper. watercraft under influence-controlled substances: solvent, etc. (3rd/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1 5502(a.4) Oper. watercraft under influence-minor operator (1st off) M 7 POG1 5502(a.4) Oper. watercraft under influence-minor operator (1st off); 1st minor ‹18 passenger M-1 7 POG1 5502(a.4) Oper. watercraft under influence-minor operator (2nd off) M 8 POG1 5502(a.4) Oper. watercraft under influence-minor operator (2nd off); 1st minor ‹18 passenger M-1 8 POG1 5502(a.4) Oper. watercraft under influence-minor operator (2nd off); 2nd minor ‹18 passenger M-1 8 POG1 5502(a.4) Oper. watercraft under influence-minor operator (3rd off) M-1 9 POG1 5502(a.4) Oper. watercraft under influence-minor operator (3rd off); 1st minor ‹18 passenger M-1 9 POG1 5502(a.4) Oper. watercraft under influence-minor operator (3rd off); 2nd minor ‹18 passenger M-1 9 POG1 5502(a.4) Oper. watercraft under influence-minor operator (3rd off); 3rd/subsq minor ‹18 passenger M-1 9 POG1 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off) M-1 13 POG1 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off); 1st minor ‹18 passenger M-1 13 POG1 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off); 2nd minor ‹18 passenger M-1 13 POG1 5502(a.4) Oper. watercraft under influence-minor operator (4th/subsq off); 3rd/subsq minor ‹18 passenger M-1 13 POG1
Description Statutory
ClassOffense
Gravity
Score
(OGS)Prior
Offense
Group (POG)Enhancements 75 Pa.C.S. § All offenses contained within this section (related to driving under influence of alcohol or controlled substance) are subject to a mandatory penalty under
75 Pa.C.S. § 3804 (relating to penalties).3802(a)(1) DUI-general impairment/incapable of safe driving (1st off) M 4 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (2nd off) M 7 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (2nd off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off) M-2 7 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off); 2nd violation involving minor occupant M-1 8 POG1 3802(a)(1) DUI-general impairment/incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off) F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off); 1st violation involving minor occupant F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off); 2nd violation involving minor occupant F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735) (4th/subsq off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (1st off) M 7 POG1 3802(a)(1) DUI-incapable of safe driving: refused testing (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (2nd off) M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: refused testing (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: refused testing (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off) F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off) F-2 14 POG3 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(a)(1) DUI-incapable of safe driving: refused testing (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(a)(1)* DUI-incapable of safe driving: refused testing (5th/subsq off) F-2 15 POG3 3802(a)(1)* DUI-incapable of safe driving: refused testing (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (1st off) M 7 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off) M 8 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off) M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off) F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (1st off) M 7 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (2nd off) M 8 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off) M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off) F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (1st off) M 4 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (2nd off) M 7 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (2nd off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (3rd off) M-2 7 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (3rd off); 1st violation involving minor occupant M-1 7 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (3rd off); 2nd violation involving minor occupant M-1 8 POG1 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (4th/subsq off) F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (4th/subsq off); 1st violation involving minor occupant F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (4th/subsq off); 2nd violation involving minor occupant F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(a)(2) DUI-general impairment: BAC .08-‹.10 (prior conviction 75-3735) (4th/subsq off) F-3 9 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (1st off) M 7 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (2nd off) M 8 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (3rd off) M-1 9 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (4th/subsq off) F-3 13 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(b) DUI-high rate of alcohol: BAC .10-‹.16 (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (1st off) M 7 POG1 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (2nd off) M-1 9 POG1 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (3rd off) F-3 13 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (4th off) F-2 14 POG3 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(c) DUI-highest rate of alcohol: BAC ›=.16 (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(c)* DUI-highest rate of alcohol: BAC ›=.16 (5th/subsq off) F-2 15 POG3 3802(c)* DUI-highest rate of alcohol: BAC ›=.16 (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(d)(1)(i) DUI-controlled substances: Sched I (1st off) M 7 POG1 3802(d)(1)(i) DUI-controlled substances: Sched I (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(d)(1)(i) DUI-controlled substances: Sched I (2nd off) M-1 9 POG1 3802(d)(1)(i) DUI-controlled substances: Sched I (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(d)(1)(i) DUI-controlled substances: Sched I (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off) F-3 13 POG2 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(d)(1)(i) DUI-controlled substances: Sched I (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off) F-2 14 POG3 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(d)(1)(i) DUI-controlled substances: Sched I (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(d)(1)(i)* DUI-controlled substances: Sched I (5th/subsq off) F-2 15 POG3 3802(d)(1)(i)* DUI-controlled substances: Sched I (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (1st off) M 7 POG1 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (2nd off) M-1 9 POG1 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off) F-3 13 POG2 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off) F-2 14 POG3 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(d)(1)(ii)* DUI-controlled substances: Sched II/III (5th/subsq off) F-2 15 POG3 3802(d)(1)(ii)* DUI-controlled substances: Sched II/III (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (1st off) M 7 POG1 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (2nd off) M-1 9 POG1 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off) F-3 13 POG2 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off) F-2 14 POG3 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(d)(1)(iii)* DUI-controlled substances: metabolite of Sched I/II/III (5th/subsq off) F-2 15 POG3 3802(d)(1)(iii)* DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(d)(2) DUI-controlled substances & incapable of safe driving (1st off) M 7 POG1 3802(d)(2) DUI-controlled substances & incapable of safe driving (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(d)(2) DUI-controlled substances & incapable of safe driving (2nd off) M-1 9 POG1 3802(d)(2) DUI-controlled substances & incapable of safe driving (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(d)(2) DUI-controlled substances & incapable of safe driving (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off) F-3 13 POG2 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off) F-2 14 POG3 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(d)(2) DUI-controlled substances & incapable of safe driving (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(d)(2)* DUI-controlled substances & incapable of safe driving (5th/subsq off) F-2 15 POG3 3802(d)(2)* DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (1st off) M 7 POG1 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (2nd off) M-1 9 POG1 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off) F-3 13 POG2 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off) F-2 14 POG3 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(d)(3)* DUI-controlled substances & alcohol & incapable of safe driving (5th/subsq off) F-2 15 POG3 3802(d)(3)* DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(d)(4) DUI-controlled substances: solvent, etc. (1st off) M 7 POG1 3802(d)(4) DUI-controlled substances: solvent, etc. (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(d)(4) DUI-controlled substances: solvent, etc. (2nd off) M-1 9 POG1 3802(d)(4) DUI-controlled substances: solvent, etc. (2nd off); 1st violation involving minor occupant M-1 9 POG1 3802(d)(4) DUI-controlled substances: solvent, etc. (2nd off); 2nd violation involving minor occupant M-1 9 POG1 3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off) F-3 13 POG2 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off); 1st violation involving minor occupant F-3 13 POG2 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off); 2nd violation involving minor occupant F-3 13 POG2 3802(d)(4) DUI-controlled substances: solvent, etc. (3rd off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (3rd off) F-3 13 POG2 3802(d)(4) DUI-controlled substances: solvent, etc. (4th off) F-2 14 POG3 3802(d)(4) DUI-controlled substances: solvent, etc. (4th off); 1st violation involving minor occupant F-2 14 POG3 3802(d)(4) DUI-controlled substances: solvent, etc. (4th off); 2nd violation involving minor occupant F-2 14 POG3 3802(d)(4) DUI-controlled substances: solvent, etc. (4th off); 3rd/subsq violation involving minor occupant F-2 14 POG3 3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (4th off) F-2 14 POG3 3802(d)(4)* DUI-controlled substances: solvent, etc. (5th/subsq off) F-2 15 POG3 3802(d)(4)* DUI-controlled substances: solvent, etc. (prior conviction 75-3735) (5th/subsq off) F-2 15 POG3 3802(e) DUI-minor driver (1st off) M 7 POG1 3802(e) DUI-minor driver (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(e) DUI-minor driver (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(e) DUI-minor driver (2nd off) M 8 POG1 3802(e) DUI-minor driver (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(e) DUI-minor driver (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(e) DUI-minor driver (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(e) DUI-minor driver (3rd off) M-1 9 POG1 3802(e) DUI-minor driver (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(e) DUI-minor driver (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(e) DUI-minor driver (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(e) DUI-minor driver (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(e) DUI-minor driver (4th/subsq off) F-3 13 POG2 3802(e) DUI-minor driver (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(e) DUI-minor driver (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(e) DUI-minor driver (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(e) DUI-minor driver (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(f)(1)(i) DUI-commercial vehicles (1st off) M 7 POG1 3802(f)(1)(i) DUI-commercial vehicles (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(f)(1)(i) DUI-commercial vehicles (2nd off) M 8 POG1 3802(f)(1)(i) DUI-commercial vehicles (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(f)(1)(i) DUI-commercial vehicles (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(f)(1)(i) DUI-commercial vehicles (3rd off) M-1 9 POG1 3802(f)(1)(i) DUI-commercial vehicles (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(f)(1)(i) DUI-commercial vehicles (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(f)(1)(i) DUI-commercial vehicles (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off) F-3 13 POG2 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(f)(1)(ii) DUI-school vehicles (1st off) M 7 POG1 3802(f)(1)(ii) DUI-school vehicles (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(f)(1)(ii) DUI-school vehicles (2nd off) M 8 POG1 3802(f)(1)(ii) DUI-school vehicles (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(f)(1)(ii) DUI-school vehicles (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(f)(1)(ii) DUI-school vehicles (3rd off) M-1 9 POG1 3802(f)(1)(ii) DUI-school vehicles (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(f)(1)(ii) DUI-school vehicles (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(f)(1)(ii) DUI-school vehicles (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off) F-3 13 POG2 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(f)(1)(ii) DUI-school vehicles (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(f)(1)(ii) DUI-school vehicles (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (1st off) M 7 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (2nd off) M 8 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off) M-1 9 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off) F-3 13 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (1st off) M 7 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (2nd off) M 8 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off) M-1 9 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq off) F-3 13 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (1st off) M 7 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (1st off); 1st violation involving minor occupant M-1 7 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (1st off) F-3 9 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (2nd off) M 8 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (2nd off); 1st violation involving minor occupant M-1 8 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (2nd off); 2nd violation involving minor occupant M-1 8 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (2nd off) F-3 9 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off) M-1 9 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off); 1st violation involving minor occupant M-1 9 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off); 2nd violation involving minor occupant M-1 9 POG1 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off); 3rd/subsq violation involving minor occupant F-3 9 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (3rd off) F-3 9 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off) F-3 13 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off); 1st violation involving minor occupant F-3 13 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off); 2nd violation involving minor occupant F-3 13 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off); 3rd/subsq violation involving minor occupant F-3 13 POG2 3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) (4th/subsq off) F-3 13 POG2 * = subcategorized offenses by OGS assignment (§ 303a.3(a)(2), § 303a.3(b)(2), § 303a.12)
E = offenses subject to OGS adjustment (§ 303a.3(b)(2), § 303a.12)
Cross References This section cited in 204 Pa. Code § 303a.3 (relating to offense gravity score); and 204 Pa. Code § 303a.11 (relating to omnibus OGS tables).
§ 303a.11. Omnibus OGS tables.
(a) General omnibus OGS assignments.
Omnibus Assignments Statutory Class Offense
Gravity
ScorePrior
Offense
Group*See § 303a.3(a)(4)
and
§ 303a.9F-1 + (max ›20 years) 22 POG3/POG4 F-1 14 POG3 F-2 11 POG3 F-3 9 POG2 Felony Not Classified 9 POG2 M-1 7 POG1 M-2 4 POG1 M-3 2 POG1 Misdemeanor Not Classified 2 POG1 (b) BUI omnibus OGS assignments, relating to operating watercraft under the influence.
Omnibus Assignments 30 Pa.C.S. § 5502 OGS Assignments
(based on mandatory minimum
sentence requiremens)§ 5502 OGS Override (when OGS of statutory class is higher) *See § 303a.3(a)(4)
and
§ 303a.101 year and › *subsq off +1 (up to OGS 15) 13* 90 days to ‹ 1 year 9 M-1 7 30 days to ‹ 90 days 8 M-2 4 ‹ 30 days 7 M 2 6 months prob 4 (c) DUI omnibus OGS assignments, relating to driving under the influence.
Omnibus Assignments 75 Pa.C.S. § 3802 OGS Assignments
(based on mandatory minimum
sentence requirements§ 3802 OGS Override (when OGS of statutory class is higher) *See § 303a.3(a)(4)
and
§ 303a.101 year and › *subsq off +1 (up to OGS 15) 13* F-2 11 90 days to ‹ 1 year 9 F-3 9 30 days to ‹ 90 days 8 M-1 7 ‹ 30 days 7 M-2 4 6 months prob 4 M 2
Cross References This section cited in 204 Pa. Code § 303a.3 (relating to offense gravity score).
§ 303a.12. OGS enhancements table.
Pa.C.S. § Description OGS Subcategorization OGS
AdjustmentGuideline 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)).
§ 303a.13. POG/PRS tables.
(a) Prior offense groups (POG).
POG1
§ 303a.4(a)(3)(i)Least serious group; includes all misdemeanors, unless designated as serious crimes. POG2
§ 303a.4(a)(3)(ii)Includes all F-3 and all unclassified felonies, unless designated as serious crimes. POG3
§ 303a.4(a)(3)(iii)Includes all serious crimes, defined as: Except for crimes of violence, an adjudication or conviction for any F-1 or F-2, or an adjudication or conviction for a F-3 or M-1 as provided in the following: 18 Pa.C.S. Part II, Article B, 18 Pa.C.S. Chapter 61-A, and 42 Pa.C.S. § 9799.14. POG4
§ 303a.4(a)(3)(iv)Most serious group; includes all crimes of violence (offenses listed under 42 Pa.C.S. § 9714(g)) (b) Prior record score (PRS) categories.
PRS Categories Prior Offense Group Number of
prior adjudications
and convictions
in group.PRS 0 PRS 1 PRS 2 PRS 3 PRS 4 0 • POG1 1 • (1-1-2) 2 • 3+ • POG2 1 • (2-2-3) 2 • 3+ • POG3 1 • (2-3-3) 2 • 3+ • POG4 1 • (3-4-4) 2 • 3+ •
Cross References This section cited in 204 Pa. Code § 303a.4 (relating to prior record score).
§ 303a.14. Sentencing matrix.
Cross References This section cited in 204 Pa. Code § 303a.5 (relating to offense-specific sentence recommendations); and 204 Pa. Code § 303a.6 (relating to aggravated and mitigated circumstances).
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