When a prior conviction or adjudication of delinquency was for a felony, but the grade of the felony is unknown, it shall be treated as a Felony 3. This section cited in 204 Pa. Code §  303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Code §  303.9 (relating to guideline sentence recommendation: general); 204 Pa. Code §  303.13 (relating to guideline sentence recommendations: aggravated and mitigated curcumstances); 204 Pa. Code §  303.17(a) (relating to Deadly Weapon Enhancement/Possessed Matrix); 204 Pa. Code §  303.17(b) (relating to Deadly Weapon Enhancement/Used Matrix); 204 Pa. Code §  303.18(a) (relating to School Enhancement Matrix); 204 Pa. Code §  303.18(b) (relating to Youth Enhancement Matrix); and 204 Pa. Code §  303.18(c) (relating to School and Youth Enhancement Matrix). sale of dissertations/etc.-distribution for sale, Disclosure of confidential tax information, Architects/engineers-interest in public works contracts, Breach of privacy-use stress monitor w/o consent, Invasion of privacy-view/photograph person w/o consent (single violation), Invasion of privacy-view/photograph person w/o consent (›1 violation), Invasion of privacy-view/photograph intimate parts w/o consent (single violation), Invasion of privacy-view/photograph intimate parts w/o consent (›1 violation), Invasion of privacy-transfer image (single violation), Operate meth lab-cause chemical reaction (w/in 1000 ft of school), Municipal housing code avoidance (4th off), Municipal housing code avoidance (5th/subsq off), Commemorative service demonstration activities, Unlawful use of computer-access w/ intent to disrupt function, Unlawful use of computer-access/interfere/damage/ destroy. Release When charged under s. 173 [indecent act or exposure], the accused can be given an appearance notice without arrest under s. 497 or a summons. (3)  For the Offense Gravity Scores of 6 and 7, the court may impose a sentence that is up to 6 months longer than the upper limit of the standard range. 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. Amendments to the guidelines shall apply to all offenses committed on or after the date the amendment becomes part of the guidelines. §  2901 (relating to kidnapping); or, 18 Pa.C.S. The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. Commonwealth v. Byrd, 657 A.2d 961 (Pa. Super. watercraft under influence-general impairment: BAC .08-‹.10 (2nd off), Oper. Chapter 38 (related to driving after imbibing alcohol or utilizing drugs). 1916; amended February 15, 1994, effective August 12, 1994, 24 Pa.B. 4071; amended September 25, 2020, effective January 1, 2021, 50 Pa.B. 4071; amended June 26, 2015, effective September 25, 2015, 45 Pa.B. (2)  A person shall not be eligible for Short Sentence Parole if found guilty of a major disciplinary infraction while confined in a county or state correctional institution, or has pending felony charges. Immediately preceding text appears at serial page (399062). Guideline sentence recommendations: aggravated and mitigated circumstances. (d)  Aggravated and mitigated sentence recommendations. Sentencing court abused its discretion in imposing the statutory maximum sentences on each respective criminal court where the court failed to make a legally sufficient contemporaneous statement on the record and where the court advanced reasons for imposing a sentence in the aggravated range and then imposed sentence outside of the guidelines. Guideline sentence recommendations: enhancements. watercraft under influence-highest rate of alcohol: BAC ›=.16 (2nd off), Oper. 5110; amended September 25, 2020, effective January 1, 2021, 50 Pa.B. 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. A fine, when ordered, is imposed as a non-confinement sentencing alternative or as a condition of probation. (b)  Sentencing levels. 3655; amended June 27, 2014, effective September 26, 2014, 44 Pa.B. Commonwealth v. Peer, 684 A.2d 1077 (Pa. Super. This section cited in 204 Pa. Code §  303.9 (relating to guideline sentence recommendation: gen2eral). §  9758 (fine)—as provided in §  303.14(a)(4) (relating to Fines/Community Service Guidelines), (iii)   42 Pa.C.S. 1916; amended May 11, 1991, effective August 9, 1991, 21 Pa.B. §  3804 (relating to penalties) for a first, second or third offense under 75 Pa.C.S. This section cited in 204 Pa. Code §  303.13 (relating to guideline sentence recommendations: aggravated and mitigated circumstances); and 204 Pa. Code §  307.2 (relating to resentencing guidelines standards). (4)  For the Offense Gravity Scores of 1, 2, 3, 4, and 5, the court may impose a sentence that is up to 3 months shorter than the lower limit of the standard range. Judges are not obliged to take that into account when sentencing but may do so, depending on the circumstances, for example if they are very ill or frail. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa.B. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa.B. (1)  Except for those sentenced pursuant to 18 Pa.C.S. (2)  When the prior conviction or adjudication of delinquency was committed over a range of dates, the later date shall be used to determine if the prior offense meets the criteria in 303.8(a)(1) and is counted in the prior record score. Unsworn falsification to authorities-statement under penalty, False alarms to agency of public safety (state of emergency), False reports-falsely incriminate another, False reports-falsely incriminate another (report of theft/loss of firearm), False reports-falsely incriminate another (state of emergency), False reports-fictitious report to law enforcement, False reports-fictitious report to law enforcement (report of theft/loss of firearm), False reports-fictitious report to law enforcement (state of emergency), False reports-fictitious report of information, False reports-fictitious report of information (report of theft/loss of firearm), False Reports-fictitious report of information (state of emergency), Tampering w/ physical evidence-intent to impair availability. This enhancement shall apply to any image possessed by the offender which portrays or contains any of the following: (ii)   a dangerous weapon as defined in 18 Pa.C.S. (ii)   18 Pa.C.S. transmis. His lawyer argued that client’s conduct was not sexually motivated and constituted assault rather than indecent assault. (3)  The Criminal Gang Enhancement shall apply to each violation which meets the criteria above. 1 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 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).
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