14.22.01.09

.09 Offense Score.

A. Computation of Offense Score. The individual completing the worksheet shall derive the offense score for each convicted offense by totaling the points given for certain factors of that offense. A column of offense scores is provided on the worksheet for each of the three possible offenses within a single criminal event. A judge may include factors known to the judge even if they are not within the scope of the convicted offense, such as weapon presence in a robbery conviction or victim injury in a handgun violation conviction.

B. Elements of the Offense Score.

(1) The offense score consists of four elements.

(2) Seriousness Category of the Convicted Offense.

(a) The individual completing the worksheet shall assign points based on the seriousness category of the convicted offense. COMAR 14.22.02 contains a list of Maryland criminal offenses and their assigned seriousness categories.

(b) The individual completing the worksheet shall assign the number of points that correspond to the seriousness category of each offense on the guidelines worksheet.

(c) Unless placed in a different category or specifically addressed by separate statute, the individual completing the worksheet shall consider a conspiracy, attempt, or solicitation in the same seriousness category as the substantive offense.

(d) Accessoryship.

(i) If the accessory after the fact has a penalty of 5 years or greater under CR, §1-301, a seriousness category V shall be assigned, unless the underlying offense has a seriousness category of less than V, in which case the accessory after the fact shall be assigned the same seriousness category as the underlying offense.

(ii) If the accessory after the fact has a penalty of less than 5 years under CR, §1-301, the seriousness category shall be the same category as the underlying offense.

(e) For conspiracy, attempt, solicitation, or accessoryship, the individual completing the worksheet shall specify the substantive illegal activity involved, and the substantive offense's Annotated Code of Maryland article and section number, if any.

(f) If a Maryland offense has not been assigned a seriousness category and the offense has a maximum penalty of 1 year or less, the offense shall be assigned the lowest seriousness category (VII).

(g) If a Maryland offense has not been assigned a seriousness category and the offense has a maximum penalty greater than 1 year, the individual completing the worksheet shall use the closest analogous offense and the sentencing judge and the parties shall be notified.

(3) Victim Injury.

(a) Victim injury, whether physical or psychological, shall be based on reasonable proof. Psychological injury shall be based on confirmed medical diagnosis or psychological counseling or treatment. Rape crisis hotlines, clergy conferences, and other similar services are considered psychological counseling or treatment, but the contact with a counselor must be confirmed in writing or otherwise by the counseling or treatment provider. Psychological injury is presumed not permanent unless otherwise demonstrated. Physical injury shall be more than minimal. Physical injuries such as lasting muscle damage or amputation are permanent.

(b) The individual completing the worksheet shall assign a score of 0 if there was no victim injury.

(c) The individual completing the worksheet shall assign a score of 1 if victim injury occurred and the injury was not permanent.

(d) The individual completing the worksheet shall assign a score of 2 if victim injury occurred and the injury was permanent or resulted in the death of the victim.

(e) The victim injury component of the offense score shall be completed for each offense to be sentenced.

(4) Weapon Presence.

(a) The individual completing the worksheet shall assign a score of 0 if no weapon was present.

(b) The individual completing the worksheet shall assign a score of 1 if a weapon other than a firearm was present.

(c) The individual completing the worksheet shall assign a score of 2 if a firearm or explosive was present.

(d) The individual completing the worksheet shall complete the weapon presence component of the offense score for each offense to be sentenced. The individual completing the worksheet shall apply the following rules:

(i) Explosives are considered the same as firearms;

(ii) Weapons other than firearms include incendiaries, knives, tire irons, and clubs;

(iii) Carbon dioxide (CO2) guns (including pellet guns) and starter pistols are also scored as weapons other than firearms and receive one point;

(iv) Except if used as a bludgeon, a toy gun is not a weapon and shall receive a weapon presence score of zero;

(v) Except if deliberately used as a weapon, automobiles are not included as weapons and shall receive a weapon presence score of zero;

(vi) Unless the offender is a professional in some form of self-defense, parts of the body, such as hands or feet, are not included as weapons;

(vii) If a weapon was feigned but no weapon was actually present, the score shall be 0 (no weapon present); and

(viii) Any applicable guidelines points for weapon presence shall be given to an accessory before the fact, but not to an accessory after the fact.

(5) Special Vulnerability of Victim. The individual completing the worksheet shall assign a score of 0 if the victim is not defined as a vulnerable victim. The individual completing the worksheet shall assign a score of 1 if the victim is defined as a vulnerable victim. The individual completing the worksheet shall complete the Special Vulnerability of Victim component of the offense score for each offense to be sentenced.

C. Total Offense Score. To obtain an offense score, the individual completing the worksheet shall add the points assigned to each element of the offense score for each person offense of which the defendant was convicted. The maximum score is 15 and the minimum score is 1.