.09 Offense Score.
A. Computation of Offense Score. The individual completing the worksheet shall derive the offense score for each 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 offense, such as weapon presence in a robbery offense or victim injury in an offense involving a handgun violation .
B. Elements of the Offense Score.
(1) The offense score consists of four elements.
(2) Seriousness Category of the Offense.
(a) The individual completing the worksheet shall assign points based on the seriousness category of the 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.
(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. Offenses involving photographic or video evidence of child pornography shall be scored as permanent victim injury.
(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 material 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) Explosive material (as defined in Criminal Law Article, §4–501, Annotated Code of Maryland) is considered the same as a firearm;
(ii) An unloaded firearm is considered the same as a loaded firearm;
(iii) Weapons other than firearms include incendiary and toxic materials (as defined in Criminal Law Article, §4–501, Annotated Code of Maryland), knives, tire irons, and clubs;
(iv) Carbon dioxide (CO2) guns (including pellet guns) and starter pistols are also scored as weapons other than firearms and receive one point;
(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 1 (weapon other than firearm);
(viii) A feigned weapon shall be scored 1 point when an individual intentionally creates the false impression that there is an actual weapon present, including a finger used to simulate a gun, a written note stating that there is a dangerous weapon present, or a verbal statement that there is a dangerous weapon present; and
(ix) 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 for which the defendant is to be sentenced. The maximum score is 15 and the minimum score is 1.
