§ 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
Source The provisions of this § 303a.12 corrected November 17, 2023, effective January 1, 2024, 53 Pa.B. 7120; corrected November 22, 2023, effective January 1, 2024, 53 Pa.B. 7285. Immediately preceding text appears at serial pages (416409) to (416415).
Cross References This section cited in 204 Pa. Code § 303a.3 (relating to offense gravity score); 204 Pa. Code § 303a.9 (relating to offense listing (OGS/POG assignments)); and 204 Pa. Code § 303a.10 (relating to BUI/DUI offense listing (OGS/POG assignments)).
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