Dating a minor in pennsylvania

(e)(1) Unless otherwise provided by the Commission, the JNET-based Sentencing Guidelines Software Web application (SGS Web) shall be used at the court’s direction to prepare all guideline-required sentencing information. The sentencing court stated that since the defendant pled guilty, the guidelines do not apply, per § 303.1(b).

In every case where a court of record imposes a sentence outside the sentencing guidelines, the reason or reasons for the deviation from the guidelines shall be recorded on the Guideline Sentence Form, a copy of which shall be electronically transmitted to the Pennsylvania Commission on Sentencing in the manner described in § 303.1(e). Applicability to Guilty Plea The defendant entered guilty pleas, and the sentencing court imposed sentences beyond those recommended in the guidelines without making the requisite statement of reasons for deviation.

Code § 303.11 (relating to guideline sentence recommendation: sentencing levels); 204 Pa.

Code § 303.10 (relating to guideline sentence recommendations: enhancements); 204 Pa. (3) Sexual Abuse of Children Enhancement shall apply to each violation which meets the criteria above. (1) When the court determines that one or more of the following factors relating to arson as defined in 18 Pa.

Guideline sentence recommendation: sentencing levels. (f) Effective January 1, 2014, the State Identification Number (SID) for an offender shall be included as part of the record in the completed Guideline Sentence Form.

The provisions of this § 303.6 amended July 5, 1986, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. Any of the following Misdemeanor 1 offenses that involve weapons: Possessing Instruments of Crime (possession of a weapon) Prohibited Offensive Weapons Use or Possession of Electric or Electronic Incapacitation Device Possession of Weapon on School Property Possession of Firearm or Other Dangerous Weapon in Court Facility Violations of the Pennsylvania Uniform Firearms Act Any of the following Misdemeanor 1 offenses that involve death or danger to children: Involuntary Manslaughter Simple Assault (against child under 12 years of age by adult 18 years of age or older) Luring a Child into a Vehicle Indecent Assault (complainant is less than 13 years of age) Indecent Exposure (persons present are less than age 16) Endangering Welfare of Children Dealing in Infant Children Recruiting Criminal Gang Members Driving Under the Influence of Alcohol or Controlled Substance, except for a first lifetime conviction or adjudication. Immediately preceding text appears at serial pages (367923) to (367924). Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. In order for an offense to be considered in the Prior Record Score, both the commission of and conviction for the previous offense must occur before the commission of the current offense. Code § 303.18(c) (relating to Youth and School Enhancement Matrix). (1) When the court determines that the offender possessed a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Possessed Matrix (§ 303.17(a)). § 9712) whether loaded or unloaded, or (ii) Any dangerous weapon (as defined in 18 Pa. (2) When the court determines that the offender used a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Used Matrix (§ 303.17(b)). § 9712) whether loaded or unloaded, or (ii) Any dangerous weapon (as defined in 18 Pa. (3) There shall be no Deadly Weapon Enhancement for the following offenses: (i) Possessing Instruments of Crime (ii) Prohibited Offensive Weapons (iii) Possession of Weapon on School Property (iv) Possession of Firearm or Other Dangerous Weapon in Court Facility (v) Simple Assault (18 Pa. (d) Third Degree Murder of a Victim Younger than Age 13 Enhancement. § 2502(c) was less than 13 years of age at the time of the offense, the court shall instead consider the sentence recommendations described in § 303.9(k). (ii) Each video, video-clip, movie, or similar visual depiction shall be considered to have 50 images. § 6312 (relating to sexual abuse of children) and that the abuse depicted in the images possessed by the offender were of a sexual or violent nature or character, the court shall instead consider the sentence recommendations described in § 303.9(l)(2). § 913 used in a sexual context; (iii) penetration or attempted penetration of a child; or (iv) an act which would constitute a crime under 18 Pa. Where crimes merge for sentencing purposes, the court shall consider the sentencing guidelines only on the offense assigned the higher Offense Gravity Score. Effective Dates— Ineffective Counsel Assistance Because the sentencing ranges on the Sentencing Guideline Worksheets were calculated according to the amended guidelines which were effective for all offenses committed after August 12, 1994, and appellant’s crimes were committed prior to that date, trial counsel was ineffective in failing to object to the imposition of sentence based upon erroneous computations under this regulation. The provisions of this § 303.2 amended July 5, 1985, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. (3) Convictions for attempt, solicitation, or conspiracy to commit any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. § 780-101—§ 780-144) receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy. Convictions for attempt, solicitation, or conspiracy to commit murder receive the Offense Gravity Score of 14 if there is serious bodily injury and 13 if there is no serious bodily injury. Where the definition of an offense listed in § 303.15 is changed, but the grade or statutory maximum sentence is not changed, the previously assigned offense gravity score shall apply. Immediately preceding text appears at serial pages (367919) to (367920). Code § 303.2 (relating to procedure for determining the guideline sentence); and 204 Pa. There are eight Prior Record Score categories: Repeat Violent Offender (REVOC), Repeat Felony 1 and Felony 2 Offender (RFEL), and point-based categories of 0, 1, 2, 3, 4 and 5. Offenders who have two or more previous convictions or adjudications for four point offenses (§ 303.7(a)(1) and § 303.15) and whose current conviction carries an Offense Gravity Score of 9 or higher shall be classified in the Repeat Violent Offender Category. Immediately preceding text appears at serial page (380167). (e) A prior conviction or adjudication of delinquency for an offense which was misgraded is scored as a conviction for the current equivalent Pennsylvania offense. (1) An out-of-state, federal or foreign conviction or adjudication of delinquency is scored as a conviction for the current equivalent Pennsylvania offense. If an offender is under age 18 years at the time of the offense and the conviction occurred after June 24, 2012, 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. The range of sentences (i.e.—standard range) shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). § 9755(b) (partial confinement) and § 9756(b) (total confinement). RS in the sentence recommendation, an abbreviation for Restorative Sanctions, suggests use of the least restrictive, non-confinement sentencing alternatives described in 42 Pa. RIP in the sentence recommendation, an abbreviation for Restrictive Intermediate Punishments, suggests use of Restrictive Intermediate Punishments pursuant to § 303.12(a)(4). § 1103 and § 1104 (relating to sentence of imprisonment for felony and misdemeanor) and 42 Pa. For the purposes of the guidelines, the statutory limit is the longest legal minimum sentence, which is one-half the maximum allowed by law. The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. § 3808(a)(2) (Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock). The enhancement specifies a range of sentences (i.e., standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). Mandatory Sentences In spite of a discrepancy between the grading of the offense in the Sentencing Guidelines and in the Motor Vehicle Code, the trial court properly followed the DUI statute in sentencing the defendant for DUI as a first-degree misdemeanor rather than a second-degree misdemeanor, where the Motor Vehicle Code provided that the Sentencing Guidelines should not supersede the mandatory penalties of the DUI statute and the Sentencing Guidelines likewise provide that the court has no authority to impose a sentence less than that required by a mandatory minimum provision established in a statute. (a) The court shall consider the sentencing guidelines in determining the appropriate sentence for offenders convicted of, or pleading guilty or nolo contendere to, felonies and misdemeanors. A judicial proceeding may include multiple offenses and transactions. The court determines which Offense Gravity Score, located in § 303.15, applies. (2) Convictions for attempt, solicitation, or conspiracy to commit any offense which is not a Felony 1 offense, receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy. (e) Violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. 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 which has the highest Offense Gravity Score. The Omnibus Offense Gravity Score is applied in the following circumstances: (1) when the offense is not otherwise listed in § 303.15, or (2) when the grade or statutory maximum sentence of an offense listed in § 303.15 has changed, unless application of this section would result in a lower Offense Gravity Score for an increased grading or statutory maximum sentence of the offense. Determination of the correct Prior Record Score category under this section is based on the type and number of prior convictions (§ 303.5) and prior juvenile adjudications (§ 303.6). Repeat Felony Offender Designation Determination of Repeat Felony 1 and Felony 2 Offender Category designation is based on a calculation of points in a defendant’s prior record score rather than the number of convictions or adjudications in his criminal history. The provisions of this § 303.5 amended March 28, 1986, effective June 5, 1986, 16 Pa. 1034; amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; amended May 11, 1991, effective August 9, 1991, 21 Pa. 3988; amended February 15, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. Factors The same factors that triggered the enhancement guidelines in the first place can also be used to sentence in the aggravated range. When a prior conviction is for a crime which has a summary grade, and the grade of the conviction is unknown, the prior conviction shall not be counted in the Prior Record Score. (2) Sentences for offenders under age 18 for murder, murder of unborn child, or murder of law enforcement officer. (b) Deadly Weapon Enhancement sentence recommendations. When the Youth and School Enhancement is applied, 18 months are added to the bottom of the standard range and 36 months are added to the upper limit of the standard range. § 9753 (determination of guilt without further penalty), § 9754 (order of probation) and § 9758 (fine). Recommendations related to fines and community service are found at § 303.14(a). § 9755(b) and § 9756(b) (relating to sentence of partial and total confinement) or other applicable statute setting the maximum term of confinement, then the statutory limit is the longest guideline sentence recommendation. § 780-113(a)(30) is committed in association with a criminal gang, the court shall instead consider the Criminal Gang Enhancement. (3) Determine the guideline sentence recommendation as described in § 303.9—§ 303.14, including enhancements (§ 303.10), and aggravating or mitigating circumstances (§ 303.13). A judicial proceeding is a proceeding in which all offenses for which the offender has been convicted are pending before the court for sentencing at the same time. The Offense Gravity Scores are located in § 303.15. Certain offenses are subcategorized and scored by the Commission according to the particular circumstances of the offense. Inchoate offenses are scored as follows: (1) Convictions for attempt, solicitation, or conspiracy to commit a Felony 1 offense receive an Offense Gravity Score of one point less than the offense attempted, solicited, or which was the object of the conspiracy. When the object offense is murder of the third degree, a conviction for Ethnic Intimidation receives the highest Offense Gravity Score applicable. 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. (See § 303.15.) (f) Omnibus Offense Gravity Scores. (2) Any offense for which a sentence of supervision or confinement is imposed consecutive to a sentence for another offense in the judicial proceeding shall be counted in the calculation of the Prior Record Score. If no sentence has yet to be imposed on an offense, the offense shall not be counted in the calculation of the Prior Record Score. The court may consider at sentencing prior convictions, juvenile adjudications or dispositions not counted in the calculation of the Prior Record Score, in addition to other factors deemed appropriate by the court. Immediately preceding text appears at serial page (364221). When it cannot be determined if the prior conviction was a felony, one point misdemeanors, or other misdemeanors, it shall be treated as other misdemeanors. The Basic Sentencing Matrix specifies a range of sentences (i.e.—standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). If the court determines the convicted offender was under age 18 at the time of the offense and the conviction occurred after June 24, 2012, the court shall instead consider the Basic Sentencing Matrix for Offenders Under Age 18 Convicted of 1st or 2nd Degree Murder (§ 303.16(b)). When applying the School Enhancement, 12 months are added to the lower limit of the standard range and 24 months are added to the upper limit of the standard range. No specific recommendations are provided for periods of supervision for these non-confinement sentencing alternatives. (2) Determine the Prior Record Score as described in § 303.4—§ 303.8. Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended May 11, 1991, effective August 9, 1991, 21 Pa. 3988; amended February 15, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. 3655; amended June 1, 2017, effective December 1, 2017, applicable to all sentences for offenses committed on or after January 1, 2018, 47 Pa. (a) An Offense Gravity Score is given for each offense. § 2710) receive an Offense Gravity Score that is one point higher than the offense which was the object of the Ethnic Intimidation. § 780-113(a)(12), (a)(14), and (a)(30) involving narcotic prescription pills of Schedule II, when both the weight and the number of pills are known, the higher Offense Gravity Score assignment applies. (b) If there are multiple offenses in the prior judicial proceeding: (1) The most serious offense of the judicial proceeding shall be counted in the calculation of the Prior Record Score. The provisions of this § 303.7 amended July 5, 1986, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. (1) A prior conviction means ‘‘previously convicted’’ as defined in 42 Pa. When a prior conviction was for a misdemeanor, but the grade of the misdemeanor is unknown, it shall be treated as other misdemeanors. Code § 303.12 (relating to guideline sentence recommendations: sentencing programs); and 204 Pa. In most cases, the sentence recommendations are found in the Basic Sentencing Matrix (§ 303.16(a)). When applying the Youth Enhancement, 6 months are added to the lower limit of the standard range and 12 months are added to the upper limit of the standard range. § 9721(c) (mandatory restitution) is also included in RS. Partial Confinement It seems clear that the guideline ranges in effect at the time of defendant’s sentencing contemplated minimum sentences of either total or partial confinement; therefore, the trial court properly applied the guidelines sentencing the defendant to partial confinement for the rape conviction.

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(d) 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 sentencing, a statement of the reason or reasons for the sentence imposed. Date On Which Sentencing Guidelines Apply Is a Legal Question For appellate purposes, the issue of which sentencing guidelines to apply is a legal question and not a discretionary matter; defendant was charged with the offense on date amendments became part of guidelines, therefore the new guidelines are controlling.

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