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(a) For each conviction offense of a judicial proceeding, the procedure for determining the guideline sentence shall be as follows: (1) Determine the Offense Gravity Score as described in § 303.3 and § 303.15. Immediately preceding text appears at serial pages (378460) to (378461). (a) If there is a single offense in the prior judicial proceeding, that offense shall be counted in the calculation of the Prior Record Score. (iii) Three points are added if the offender was previously convicted of seven or more misdemeanors. Code § 303.8 (relating to Prior Record Score—miscellaneous); and 204 Pa. (a) Prior convictions and adjudications of delinquency. 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. Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Guideline sentence recommendations are based on the Offense Gravity Score and Prior Record Score. § 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, if the court determines that an offender possessed a deadly weapon pursuant to § 303.10(a)(1), the court shall instead consider the DWE/Possessed Matrix (§ 303.17(a)). (c) Youth/School Enhancement sentence recommendations. If the court determines that an offender violated the drug act pursuant to § 303.10(b), the court shall consider the applicable matrix in 303.18, related to Youth, School, or Youth and School Enhancements.

Code § 303.13 (relating to guideline sentence recommendations: aggravated and mitigated circumstances). Code § 303.2 (relating to procedure for determining the guideline sentence). Illustrative Cases Sentencing guidelines and enhanced range of sentence were appropriately applied. (ii) Two points are added if the offender was previously convicted of four to six misdemeanors. Code § 303.6 (relating to Prior Record Score—prior juvenile adjudications); 204 Pa. A prior adjudication of delinquency means ‘‘previously adjudicated delinquent’’ as defined in 42 Pa. (2) When there is no current equivalent Pennsylvania offense, prior convictions or adjudications of delinquency are scored under § 303.7 based on the grade of the offense. Both enhanced matrices specify 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). (3) The sentence imposed will be served consecutive to any other sentence the person is serving and to any other sentence imposed by the court (42 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.

Because of the abuse of discretion, the sentence was vacated and the matter remanded for resentencing. (c) The sentencing guidelines shall apply to all offenses committed on or after the effective date of the guidelines. Offenders who have previous convictions or adjudications for Felony 1 and/or Felony 2 offenses which total 6 or more points in the prior record, and who do not fall within the Repeat Violent Offender Category, shall be classified in the repeat Felony 1 and Felony 2 Offender Category. Offenders who do not fall into the REVOC or RFEL categories shall be classified in a Point-based Category. If the sentencing court then wishes to impose a sentence outside the guidelines, it may do so provided it places adequate reasons for the deviation on the record. Non-judicial punishments or administrative actions (e.g., Article 15, Article 134) which are not convictions shall not be counted in the Prior Record Score. (2) A charge which is nolle prossed, dismissed, or on which a demurrer is sustained. When the sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline sentence recommendation. § 1543(b) (Driving While Operating Privilege is Suspended or Revoked, Certain Offenses), 75 Pa. (j) Criminal Gang Enhancement sentence recommendations. If the court determines that either a crime of violence as defined in 42 Pa. (k) Third Degree Murder of a Victim Younger than Age 13 Enhancement sentence recommendations. § 2502(c) was less than 13 years of age at the time of the offense, the court shall instead consider the Third Degree Murder of a Victim Younger than Age 13 Enhancement.

Deviation from Guidelines The sentencing court, which deviated from the guidelines’ suggested range, abused its discretion by focusing on its perceived seriousness of the offense, and by expressing its opinion that the guidelines for the particular offense are ‘‘ridiculous.’’ The court also failed to consider the character and circumstances of the defendant. (b) 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, intermediate punishment or parole. The Omnibus Offense Gravity Scores are provided below and in the listing at § 303.15: The provisions of this § 303.3 amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; 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 27, 2014, effective September 26, 2014, 44 Pa. (2) Repeat Felony 1 and Felony 2 Offender Category (RFEL). Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; 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. Deadly Weapon Enhancement Because the sentencing court failed to consider the guidelines with the deadly weapon enhancement, the sentence must be vacated and the case remanded for resentencing. (2) A court-martial for a criminal offense under the Uniform Code of Military Justice is considered a federal conviction and is scored as a conviction for the current equivalent Pennsylvania offense. Rules 300—320 (relating to accelerated rehabilitative disposition), 35 P. § 780-117 (relating to probation without verdict) or 35 P. § 780-118 (relating to disposition in lieu of trial or criminal punishment). Guidelines Violated The sentencing court abused its discretion by unreasonably deviating from these sentencing guidelines and imposing an unreasonably lenient sentence. (d) Aggravated and mitigated sentence recommendations. To determine the aggravated and mitigated sentence recommendations, apply § 303.13. All numbers in sentence recommendations suggest months of minimum confinement pursuant to 42 Pa. (g) When the guideline sentence recommendation exceeds that permitted by 18 Pa. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. § 3802 (Driving Under the Influence of Alcohol or Controlled Substance) or 75 Pa. The court may use a Qualified Restrictive Intermediate Punishment pursuant to § 303.12(a)(6) to satisfy the mandatory minimum requirement as provided by law. The Criminal Gang Enhancement adds 12 months to the lower limit and adds 12 months to the upper limit of the standard range.

Code § 303.2 (relating to procedure for determining the guideline sentence); and 204 Pa. In prosecution arising out of a sale of cocaine near a parochial school, the trial court did not err in imposing a sentence applying the school enhancement provisions of the sentencing guidelines based on a measurement from the school playground area rather than from the school building, where a school encompasses not only the school building itself, but includes all of the school property located in a zone where children have access such as a school playground, and where the purpose of the school enhancement provisions is to create a drug-free zone around schools. Code § 303.14 (relating to guideline sentence recommendations—economic sanctions); 204 Pa. Chapter 39) (viii) Violations of the Pennsylvania Uniform Firearms Act (ix) Any other offense for which possession of a deadly weapon is an element of the statutory definition (x) If the Arson Enhancement under § 303.10(f)(1)(iii) is applied.

Revised sets of guidelines became effective August 12, 1994, June 13, 1997, June 3, 2005, December 5, 2008, and December 28, 2012. Deviation from Guidelines Sentence imposed by sentencing judge pursuant to Pennsylvania’s indeterminate sentencing scheme that was within the statutory maximum but exceeded the aggravated range of the sentencing guidelines was not unconstitutional; the statutory maximum is the polestar for constitutional purposes and a judge may impose a sentence outside the guidelines without unconstitutionally increasing the punishment for a crime based on judicially-determined facts as long as the maximum sentence imposed does not exceed the statutory limit. When the Arson Enhancement is applied, the Offense Gravity Score is one point higher than the assignments listed for 18 Pa. The provisions of this § 303.9 amended July 6, 1985, and applies to sentences for crimes committed on or after January 1, 1986, 15 Pa.

Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. § 3301 are present, the court shall instead consider the sentence recommendations described in § 303.9(m): (i) more than three persons were present inside the property at the time of the offense; (ii) the fire caused more than

Revised sets of guidelines became effective August 12, 1994, June 13, 1997, June 3, 2005, December 5, 2008, and December 28, 2012. Deviation from Guidelines Sentence imposed by sentencing judge pursuant to Pennsylvania’s indeterminate sentencing scheme that was within the statutory maximum but exceeded the aggravated range of the sentencing guidelines was not unconstitutional; the statutory maximum is the polestar for constitutional purposes and a judge may impose a sentence outside the guidelines without unconstitutionally increasing the punishment for a crime based on judicially-determined facts as long as the maximum sentence imposed does not exceed the statutory limit. When the Arson Enhancement is applied, the Offense Gravity Score is one point higher than the assignments listed for 18 Pa. The provisions of this § 303.9 amended July 6, 1985, and applies to sentences for crimes committed on or after January 1, 1986, 15 Pa.

Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. § 3301 are present, the court shall instead consider the sentence recommendations described in § 303.9(m): (i) more than three persons were present inside the property at the time of the offense; (ii) the fire caused more than $1,000,000 in property damage; or (iii) the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa. (2) Arson Enhancement shall apply to each violation which meets the criteria above. When the court determines that the offender committed a violation of human trafficking as defined in 18 Pa.

§ 5515(a) (relating to prohibiting paramilitary training). § 3011 (trafficking in individuals) or § 3012 (involuntary servitude) and any of the following factors were present and not otherwise included in the offense gravity score assignment in § 303.15, the court shall instead consider the sentence recommendations as described in § 303.9(n): (1) the offender committed a violation involving sexual servitude; (2) the victim was a minor less than 18 years of age; (3) an additional point is added if the victim was a minor less than 13 years of age; (4) in the course of committing a violation, the offender also violated one or more of the following offenses: 18 Pa.

(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.

Basic Sentencing Matrix for Offenders Under Age 18 Convicted of 1st or 2nd Degree Murder. This amendment, Amendment 4 of the 7th Edition Sentencing Guidelines, shall take effect January 1, 2018 and apply to all crimes committed on or after that date.

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Revised sets of guidelines became effective August 12, 1994, June 13, 1997, June 3, 2005, December 5, 2008, and December 28, 2012. Deviation from Guidelines Sentence imposed by sentencing judge pursuant to Pennsylvania’s indeterminate sentencing scheme that was within the statutory maximum but exceeded the aggravated range of the sentencing guidelines was not unconstitutional; the statutory maximum is the polestar for constitutional purposes and a judge may impose a sentence outside the guidelines without unconstitutionally increasing the punishment for a crime based on judicially-determined facts as long as the maximum sentence imposed does not exceed the statutory limit. When the Arson Enhancement is applied, the Offense Gravity Score is one point higher than the assignments listed for 18 Pa. The provisions of this § 303.9 amended July 6, 1985, and applies to sentences for crimes committed on or after January 1, 1986, 15 Pa. Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. § 3301 are present, the court shall instead consider the sentence recommendations described in § 303.9(m): (i) more than three persons were present inside the property at the time of the offense; (ii) the fire caused more than $1,000,000 in property damage; or (iii) the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa. (2) Arson Enhancement shall apply to each violation which meets the criteria above. When the court determines that the offender committed a violation of human trafficking as defined in 18 Pa. § 5515(a) (relating to prohibiting paramilitary training). § 3011 (trafficking in individuals) or § 3012 (involuntary servitude) and any of the following factors were present and not otherwise included in the offense gravity score assignment in § 303.15, the court shall instead consider the sentence recommendations as described in § 303.9(n): (1) the offender committed a violation involving sexual servitude; (2) the victim was a minor less than 18 years of age; (3) an additional point is added if the victim was a minor less than 13 years of age; (4) in the course of committing a violation, the offender also violated one or more of the following offenses: 18 Pa. (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. Basic Sentencing Matrix for Offenders Under Age 18 Convicted of 1st or 2nd Degree Murder. This amendment, Amendment 4 of the 7th Edition Sentencing Guidelines, shall take effect January 1, 2018 and apply to all crimes committed on or after that date.

,000,000 in property damage; or (iii) the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa. (2) Arson Enhancement shall apply to each violation which meets the criteria above. When the court determines that the offender committed a violation of human trafficking as defined in 18 Pa.

§ 5515(a) (relating to prohibiting paramilitary training). § 3011 (trafficking in individuals) or § 3012 (involuntary servitude) and any of the following factors were present and not otherwise included in the offense gravity score assignment in § 303.15, the court shall instead consider the sentence recommendations as described in § 303.9(n): (1) the offender committed a violation involving sexual servitude; (2) the victim was a minor less than 18 years of age; (3) an additional point is added if the victim was a minor less than 13 years of age; (4) in the course of committing a violation, the offender also violated one or more of the following offenses: 18 Pa.

(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.

Basic Sentencing Matrix for Offenders Under Age 18 Convicted of 1st or 2nd Degree Murder. This amendment, Amendment 4 of the 7th Edition Sentencing Guidelines, shall take effect January 1, 2018 and apply to all crimes committed on or after that date.

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Deadly Weapons Enhancement The court did not err by imposing the deadly weapons enhancement on the charge of terroristic threats following appellant’s act of flailing a kitchen knife at the officer called to the scene of a domestic incident. (1) When there are current multiple convictions for offenses that overlap two sets of guidelines, the former guidelines shall apply to offenses that occur prior to the effective date of the amendment and the later guidelines shall apply to offenses that occur on or after the effective date of the amendment. Effective Dates Although the sentencing code does not address the issue of which guidelines apply where there is a continuing course of criminal activity occurring both before and after amendments to the guidelines are enacted, the court acted within its discretion in sentencing appellant within the guidelines prior to amendment because appellant had engaged in a continuing course of criminal activity which occurred both before and after the enactment of the August 1994 sentencing guidelines. The provisions of this § 303.4 amended July 5, 1985, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. The provisions of this § 303.8 amended through 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 October 11, 1990, effective for all crimes committed on or after December 20, 1991, 21 Pa. 5933; amended February 16, 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. Double Counting Trial court’s use of prior conviction in calculating defendant’s prior record score did not constitute ‘‘double counting,’’ a violation of the Sentencing Guidelines; defendant’s prior conviction of burglary was not an element of charge of persons not to possess, use, control, sell or transfer firearms, but was memely a precondition to charging defendant with violation. The court shall consider the sentence recommendations pursuant to this section (§ 303.9) for an offender convicted under 30 Pa. The Third Degree Murder of a Victim Younger than Age 13 Enhancement adds 24 months to the lower limit of the standard range and assigns the statutory limit as the upper limit of the standard range. If the court determines that aggravating circumstances described in § 303.10(e) are present, the court shall instead consider the applicable Sexual Abuse of Children Enhancement related to number of images possessed by the offender or the nature and character of the abuse depicted: (1) When applying enhancement based on the number of images possessed by the offender.

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