Sentencing Guidelines Offense Table (Updated 11/5/18)

1 July 2018 116 Sentencing Guidelines Offense Table (Updated 7/1/18) Appendix A contains a Table of Guidelines offenses including their CJIS code, statutory source, seriousness category, and penalties. If an Offense is not listed in Appendix A and the Offense has a maximum penalty of one year or less, the Offense should be identified as a category VII Offense . If an Offense is not listed in Appendix A and the maximum penalty is greater than one year, the individual completing the worksheet should use the seriousness category for the closest analogous Offense and the Sentencing judge and the parties should be notified. If there are any questions about how to categorize or score an Offense , please call the Maryland State Commission on Criminal Sentencing Policy staff at (301) 403-4165. Appendix A INDEX OF OFFENSES Guidelines Offense Table 7/1/18 Appendix A Page i Abuse & Other Offensive Conduct.

2 1 Malicious Destruction & Related Crimes .. 32 Accessory After the Fact .. 2 Manslaughter & Related Crimes .. 32 Alcoholic Beverages .. 2 Marriage, Crimes Against .. 33 Animals, Crimes Against .. 2 Maryland Credit Services Businesses Act .. 33 Arson & Burning .. 3 Motor Vehicle Offenses .. 33 Assault & Other Bodily Woundings .. 3 Murder .. 38 Assault Weapons .. 6 Nudity & Related Sexual Displays .. 38 Assisted Suicide .. 6 Obscene Matter .. 39 Bad Check .. 6 Perjury .. 40 Boating Offenses .. 7 Prescription Drugs & Other Substances .. 40 Bribery .. 7 Prostitution & Related Crimes .. 41 Burglary & Related Crimes .. 7 Public Fraud .. 41 CDS & Paraphernalia .. 8 Public Health & Safety, Crimes Against .. 43 CDS Registration .. 11 Railroads, Crimes Involving .. 44 Cemeteries & Funerary Objects .. 12 Robbery.

3 45 Commercial Fraud, Other .. 12 Sabotage & Related Crimes .. 45 Counterfeiting .. 16 Securities Fraud and Related Crimes .. 45 Credit Card Crimes .. 17 Sexual Crimes .. 45 Crimes Against the Person, Generally .. 18 Stalking & Harassment .. 48 Criminal Gang Offenses .. 18 Statewide DNA Data Base System, Crimes Involving .. 48 Destructive Devices .. 19 Surveillance & Other Crimes Against Privacy .. 48 Disturbing the Peace .. 20 Telecommunications & Electronics .. 49 Election Offenses .. 20 Theft, Crimes Involving .. 51 Estates, Crimes Against .. 21 Threat of Mass Violence .. 52 Extortion & Other Threats .. 21 Trespass .. 52 False Advertising and Related Crimes .. 22 Unlawful Use of Goods .. 52 False Statements, Other .. 22 Weapons Crimes .. 52 Fraud, Financial Crimes Against Vulnerable Adults .. 23 Fraud, Miscellaneous.

4 24 Fraud, Telecommunication Service Providers .. 25 Gambling, General Provisions .. 26 Handguns .. 26 Harboring, Escape, & Contraband .. 27 Hate Crimes .. 28 Identity Fraud .. 28 Influencing or Intimidating Judicial Process .. 30 Interference with Government Operations .. 30 Kidnapping & Related Crimes .. 31 Lotteries .. 31 Machine 32 Most Common Offenses Guidelines Offense Table 7/1/18 Appendix A Page ii Arson (found under Arson and Burning) .. 3 Assault (found under Assault and Other Bodily Woundings) .. 3 Burglary (found under Burglary and Related Crimes) .. 7 Carjacking (found under Robbery) .. 45 CDS, Distribution (found under CDS & Paraphernalia) .. 8 Child Abuse (found under Abuse & Other Offensive Conduct) .. 1 Child Pornography (found under Obscene Matter) .. 39 Counterfeit Documents (formerly known as Uttering; found under Counterfeiting).

5 16 Destruction of Property (found under Malicious Destruction) .. 32 Driving While Impaired (found under Motor Vehicle Offenses) .. 33 Driving While Under the Influence (found under Motor Vehicle Offenses) .. 35 Escape (found under Harboring, Escape, and Contraband) .. 27 Failure to Register as a Sex Offender (found under Sexual Crimes) .. 47 Felon in Possession of a Firearm (found under Weapons) .. 54 Fleeing & Eluding Police (found under Motor Vehicle Offenses) .. 36 Forgery (found under Counterfeiting) .. 16 Handgun/Firearm Use in Commission of a Felony (found under Weapons) .. 52 Manslaughter (found under Manslaughter and Related Crimes) .. 32 Murder (found under Murder) .. 38 Rape (found under Sexual Crimes) .. 45 Reckless Endangerment (found under Assault & Other Bodily Woundings) .. 4 Resisting Arrest (found under Harboring, Escape, and Contraband).

6 27 Robbery with a Dangerous Weapon (found under Robbery) .. 45 Sex Offenses (found under Sexual Crimes) .. 45 Theft (found under Theft, Crimes Involving) .. 51 Unauthorized Use of Vehicle (found under Unlawful Use of Goods) .. 52 Unlawful Taking of a Motor Vehicle (found under Theft, Crimes Involving) .. 51 Wearing, Carrying, Transporting of a Handgun (found under Handguns) .. 26 Maryland Codes Guidelines Offense Table 7/1/18 Appendix A Page iii AB .. Alcoholic Beverages BO .. Business Occupations and Professions BR .. Business Regulations Courts and Judicial Proceedings CA .. Corporations and Associations CL .. Commercial Law CP .. Criminal Procedure CR .. Criminal Law CS .. Correctional Services EC .. Economic Development Election Law EN .. Environment FI .. Financial Institutions FL .. Family Law HG.

7 Health General HO .. Health Occupations HS .. Housing and Community Development HU .. Human Services Insurance NR .. Natural Resources PS ..Public Safety RP .. Real Property State Finance and Procurement SG .. State Government TG ..Tax General TR .. Transportation COMAR# Offense Literal CJIS Code Source Felony or Misd. Max Term Min Term Offense Type Serious. Categ. Fine Guidelines Offense Table 7/1/18 Appendix A Page 1 of 56 1 Abuse and Other Offensive Conduct Child Abuse physical, with death, victim at least 13 years old 1-1108 CR, 3-601(b)(2)(ii) Felony 40Y Person II 1-1 Abuse and Other Offensive Conduct Child Abuse physical, with death, victim younger than 13 years old 1-1109 CR, 3-601(b)(2)(iii) Felony LIFE Person I 1-2 Abuse and Other Offensive Conduct Child Abuse physical, with death, previous conviction for child abuse CR, 3-601(c)(2) Felony LIFE Person I 2 Abuse and Other Offensive Conduct Child Abuse physical, 1st degree 1-0334 CR, 3-601(b)(2)(i)

8 Felony 25Y Person II 2-1 Abuse and Other Offensive Conduct Child Abuse physical, 2nd degree 1-0173 1-3802 CR, 3-601(d) Felony 15Y Person IV 3 Abuse and Other Offensive Conduct Child Abuse sexual 1-0322 1-0922 CR, 3-602(b) Felony 25Y Person II 4 Abuse and Other Offensive Conduct Abuse, neglect of vulnerable adult by custodian, 1st degree 2-1138 CR, 3-604 Felony 10Y Person IV $10,000 4-1 Abuse and Other Offensive Conduct Abuse, neglect of vulnerable adult by custodian, 2nd degree 1-0466 2-0350 CR, 3-605 Misd. 5Y Person V $5,000 4-2 Abuse and Other Offensive Conduct Child neglect 1-1614 CR, Misd. 5Y Person VI $5,000 4-3 Abuse and Other Offensive Conduct Commit crime of violence in the presence of a minor CR, Misd. 5Y Person VI 5 Abuse and Other Offensive Conduct Sell, barter, trade, etc.

9 A child for money, property, etc. 1-0481 CR, 3-603 Misd. 5Y Person V $10,000 5-1 Abuse and Other Offensive Conduct Prevent or interfere with the making of a report of suspected child abuse or neglect 1-0734 FL, (penalty) Misd. 5Y Person V $10,000 6 Abuse and Other Offensive Conduct Contributing to a child being delinquent or in need of supervision 2-0238 CJ, 3-8A-30 Misd. 3Y Person VI $2,500 COMAR# Offense Literal CJIS Code Source Felony or Misd. Max Term Min Term Offense Type Serious. Categ. Fine Guidelines Offense Table 7/1/18 Appendix A Page 2 of 56 6-1 Abuse and Other Offensive Conduct Contributing to a child in need of assistance 1-0844 CJ, 3-828 Misd.

10 3Y Person VI $2,500 6-2 Abuse and Other Offensive Conduct Failure to report disappearance of a minor 1-1002 CR, 3-608 Misd. 3Y Person VI 6-3 Abuse and Other Offensive Conduct Failure to report death of a minor 1-1003 CR, 3-609 Misd. 3Y Person VI 7 Abuse and Other Offensive Conduct Interfering with rights of developmentally disabled individual 1-1608 HG, 7-1102 Misd. 2Y Person VII $5,000 8-1 Accessory after the Fact Accessory after the fact to 1st degree murder 1-0774 CR, 1-301(b)(1) Felony 10Y Person V 8-2 Accessory after the Fact Accessory after the fact to 2nd degree murder 1-0776 CR, 1-301(b)(2) Felony 10Y Person V 9 Accessory after the Fact Accessory after the fact to a felony 1-1480 CR, 1-301(a) Felony Lesser of 5Y or max. term penalty for the underlying Offense Person, Drug, Property Lesser of V or the category for the underlying Offense 9-1 Alcoholic Beverages Intoxicated and endanger safety of person or property; or intoxicated or drink alcoholic beverage in public place and cause public disturbance 1-1661 1-1662 AB, 6-320 Misd.