Sentencing Guidelines Offense Table (Updated 12/1/17)

Transcription

1 Appendix A Sentencing Guidelines Table (Updated 12/1/17) Appendix A contains a table of guidelines offenses including their code, statuty source, seriousness categy, and penalties. If an offense is not listed in Appendix A and the offense has a maximum penalty of one year less, the offense should be identified as a categy VII offense. If an offense is not listed in Appendix A and the maximum penalty is greater than one year, the individual completing the wksheet should use the seriousness categy f the closest analogous offense and the sentencing judge and the parties should be notified. If there are any questions about how to categize sce an offense, please call the Maryland State Commission on Criminal Sentencing Policy staff at (301) December

2 INDEX OF OFFENSES Abuse & Other Offensive Conduct... 1 Malicious Destruction & Related Crimes Accessy After the Fact... 2 Manslaughter & Related Crimes Alcoholic Beverages... 2 Marriage, Crimes Against Animals, Crimes Against... 2 Maryland Credit Services Businesses Act Arson & Burning... 3 Mot Vehicle s Assault & Other Bodily Woundings... 3 Murder Assault Weapons... 6 Nudity & Related Sexual Displays Assisted Suicide... 6 Obscene Matter Bad Check... 6 Perjury Boating s... 6 Prescription Drugs & Other Substances Bribery... 7 Prostitution & Related Crimes Burglary & Related Crimes... 7 Public Fraud CDS & Paraphernalia... 7 Public Health & Safety, Crimes Against CDS Registration Railroads, Crimes Involving Cemeteries & Funerary Objects Robbery Commercial Fraud, Other Sabotage & Related Crimes Counterfeiting Securities Fraud and Related Crimes Credit Card Crimes Sexual Crimes Crimes Against the Person, Generally Stalking & Harassment Criminal Gang s Statewide DNA Data Base System, Crimes Involving Destructive Devices Surveillance & Other Crimes Against Privacy Disturbing the Peace Telecommunications & Electronics Election s Theft, Crimes Involving Estates, Crimes Against Threat of Mass Violence Exttion & Other Threats Trespass False Advertising and Related Crimes Unlawful Use of Goods False Statements, Other Weapons Crimes Fraud, Financial Crimes Against Vulnerable Adults Fraud, Miscellaneous Fraud, Telecommunication Service Providers Gambling, General Provisions Handguns Harbing, Escape, & Contraband Hate Crimes Identity Fraud Influencing Intimidating Judicial Process Interference with Government Operations Kidnapping & Related Crimes Lotteries Machine Guns Guidelines Table 12/1/17 Appendix A Page i

3 Most Common s 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) CDS, Distribution (found under CDS & Paraphernalia)... 8 Child Abuse (found under Abuse & Other Offensive Conduct)... 1 Child Pnography (found under Obscene Matter) Counterfeit Documents (fmerly known as Uttering; found under Counterfeiting) Destruction of Property (found under Malicious Destruction) Driving While Impaired (found under Mot Vehicle s) Driving While Under the Influence (found under Mot Vehicle s) Escape (found under Harbing, Escape, and Contraband) Failure to Register as a Sex Offender (found under Sexual Crimes) Felon in Possession of a Firearm (found under Weapons) Fleeing & Eluding Police (found under Mot Vehicle s) Fgery (found under Counterfeiting) Handgun/Firearm Use in Commission of a (found under Weapons) Manslaughter (found under Manslaughter and Related Crimes) Murder (found under Murder) Rape (found under Sexual Crimes) Reckless Endangerment (found under Assault & Other Bodily Woundings)... 4 Resisting Arrest (found under Harbing, Escape, and Contraband) Robbery with a Dangerous Weapon (found under Robbery) Sex s (found under Sexual Crimes) Theft (found under Theft, Crimes Involving) Unauthized Use of Vehicle (found under Unlawful Use of Goods) Unlawful Taking of a Mot Vehicle (found under Theft, Crimes Involving) Wearing, Carrying, Transpting of a Handgun (found under Handguns) Guidelines Table 12/1/17 Appendix A Page ii

4 Maryland s 83A... Department of Business and Economic Development 88A... Department of Human Resources AB... Alcoholic Beverages BO... Business Occupations and Professions BR... Business Regulations CJ... Courts and Judicial Proceedings CA... Cpations and Associations CL... Commercial Law CP... Criminal Procedure CR... Criminal Law CS... Crectional Services EL... Election Law EN... Environment FI... Financial Institutions FL... Family Law HG... Health General HO... Health Occupations HS... Housing and Community Development IN... Insurance NR... Natural Resources PS...Public Safety RP... Real Property SF... State Finance and Procurement SG... State Government TG...Tax General TR... Transptation Guidelines Table 12/1/17 Appendix A Page iii

5 1 Abuse and Other Offensive Conduct Child Abuse physical, with death, victim at least 13 years old 1-1 Abuse and Other Offensive Conduct Child Abuse physical, with death, victim younger than 13 years old 1-2 Abuse and Other Offensive Conduct Child Abuse physical, with death, previous conviction f child abuse 2 Abuse and Other Offensive Conduct Child Abuse physical, 1 st degree 2-1 Abuse and Other Offensive Conduct Child Abuse physical, 2 nd degree 3 Abuse and Other Offensive Conduct Child Abuse sexual 4 Abuse and Other Offensive Conduct Abuse, neglect of vulnerable adult by custodian, 1 st degree 4-1 Abuse and Other Offensive Conduct Abuse, neglect of vulnerable adult by custodian, 2 nd degree 4-2 Abuse and Other Offensive Conduct Child neglect 4-3 Abuse and Other Offensive Conduct Commit crime of violence in the presence of a min 5 Abuse and Other Offensive Conduct Sell, barter, trade, etc. a child f money, property, etc. 5-1 Abuse and Other Offensive Conduct Prevent interfere with the making of a rept of suspected child abuse neglect 6 Abuse and Other Offensive Conduct Contributing to a child being delinquent in need of supervision CR, 3-601(b)(2)(ii) CR, 3-601(b)(2)(iii) 40Y Person II LIFE Person I CR, 3-601(c)(2) LIFE Person I CR, 3-601(b)(2)(i) Y Person II CR, 3-601(d) 15Y Person IV CR, 3-602(b) 25Y Person II CR, Y Person IV $10, CR, Y Person V $5, CR, Y Person VI $5,000 CR, Y Person VI CR, Y Person V $10, FL, Y Person V $10, CJ, 3-8A-30 3Y Person VI $2,500 Guidelines Table 12/1/17 Appendix A Page 1 of 56

6 6-1 Abuse and Other Offensive Conduct Contributing to a child in need of assistance 6-2 Abuse and Other Offensive Conduct Failure to rept disappearance of a min 6-3 Abuse and Other Offensive Conduct Failure to rept death of a min 7 Abuse and Other Offensive Conduct Interfering with rights of developmentally disabled individual 8-1 Accessy after the Fact Accessy after the fact to 1 st degree murder 8-2 Accessy after the Fact Accessy after the fact to 2 nd degree murder 9 Accessy after the Fact Accessy after the fact to a felony 9-1 Alcoholic Beverages Intoxicated and endanger safety of person property; intoxicated drink alcoholic beverage in public place and cause public disturbance 9-2 Alcoholic Beverages County-specific provisions concerning giving, serving, dispensing, keeping, allowing alcoholic beverages without license; bottle clubs; places of public entertainment-anne Arundel, Baltime, Calvert, Caroline, Charles, Dchester, Frederick, Kent, Prince Gege s, Queen Anne s, Somerset, Talbot, Wicomico, Wcester Counties, Baltime City 9-3 Animals, Crimes Against Animal cruelty 9-4 Animals, Crimes Against Aggravated animal cruelty CJ, Y Person VI $2, CR, Y Person VI CR, Y Person VI HG, Y Person VII $5, CR, 1-301(b)(1) 10Y Person V CR, 1-301(b)(2) 10Y Person V CR, 1-301(a) Lesser of 5Y max. term penalty f the underlying offense Person, Drug, Property Lesser of V the categy f the underlying offense AB, D Person VII $100 AB, AB, AB, AB, AB, AB, AB, AB, AB, AB, AB, AB, AB, AB, AB, Y Property VII $10,000 CR, D Property VII $1,000 CR, Y Property VI $5,000 Guidelines Table 12/1/17 Appendix A Page 2 of 56

7 10 Animals, Crimes Against Use dog in dogfight f baiting; arrange dogfight; possess, own, etc. dog f dogfight baiting; allow dogfight baiting on premises 11 Animals, Crimes Against Cockfight 11-1 Animals, Crimes Against Attending a dogfight cockfight 12 Animals, Crimes Against Cruelty to Animals injuring a racehse 12-1 Animals, Crimes Against Hunting via an internet connection 12-2 Animals, Crimes Against Unlawful capture of over $20,000 wth of striped bass 13 Arson and Burning Arson dwelling occupied structure (arson 1 st degree) 14 Arson and Burning Arson Other structure (arson, 2 nd degree) 15 Arson and Burning Arson threat of 16 Arson and Burning Burning personal property of another, $1,000 me (malicious burning 1 st degree) 17 Arson and Burning Burning property with intent to defraud 18 Arson and Burning Burn personal property of another less than $1,000 (malicious burning, 2 nd degree) 19 Arson and Burning Arson trash bin 20 Assault and Other Bodily Woundings Poisoning attempted 21 Assault and Other Bodily Woundings Poisoning contaminating water, food, etc. 22 Assault and other Bodily Woundings Assault, 1 st degree CR, Y Property VI $5, CR, (b) 3Y Property VI $5, CR, Y Property VII $2,500 CR, Y 1Y Property VI NR, (c) 1Y Property VII $10,000 NR, (d)(2) 2Y Property VII varies CR, 6-102(a) 30Y Property III $50, CR, 6-103(a) 20Y Property IV $30, CR, 6-107(a) 10Y Property V $10, CR, 6-104(b) 5Y Property VI $5, CR, 6-106(a) 5Y Property VI $5, CR, 6-105(b) 18M Property VII $ CR, 6-108(a) 30D Property VII $ CR, Y 2Y Person II CR, Y Person II CR, Y Person III Guidelines Table 12/1/17 Appendix A Page 3 of 56

8 24 Assault and Other Bodily Woundings Assault, 2 nd degree 25 Assault and Other Bodily Woundings Female genital mutilation perfm consent to 25-1 Assault and Other Bodily Woundings Other Willfully expose others to infectious disease 25-2 Assault and Other Bodily Woundings Other Knowingly transfer attempt to transfer HIV virus 25-4 Assault and Other Bodily Woundings Other Knowingly and willfully causing another to ingest bodily fluid 25-5 Assault and Other Bodily Woundings Other Failure to comply with violation of protective der, 1 st offense 25-6 Assault and Other Bodily Woundings Other Failure to comply with violation of protective der, subsequent 25-7 Assault and Other Bodily Woundings Other Failure to comply with violation of peace der, 1 st offense 25-8 Assault and Other Bodily Woundings Other Failure to comply with violation of peace der, subsequent 26 Assault and Other Bodily Woundings Reckless endangerment 27 Assault and Other Bodily Woundings Cause a life threatening injury by mot vehicle vessel while under the influence of alcohol, 1 st offense 27-1 Assault and Other Bodily Woundings Cause a life threatening injury by mot vehicle vessel while under the influence of alcohol, subsequent CR, Y Person V $2, HG, HG, Y Person V $5, HG, Y Person VII $ HG, Y Person V $2, CR, Y Person V $2, FL, 4-509(a)(1) 90D Person VII $1, FL, 4-509(a)(2) 1Y Person VII $2, CJ, (a)(1) 90D Person VII $1, CJ, (a)(2) 1Y Person VII $2, (from car) CR, 3-204(a) 5Y Person V $5, CR, 3-211(c)(3)(i) CR, 3-211(c)(3)(ii) 3Y Person VI $5,000 5Y Person V $10,000 Guidelines Table 12/1/17 Appendix A Page 4 of 56

9 28 Assault and Other Bodily Woundings Cause a life threatening injury by mot vehicle vessel while impaired by alcohol, 1 st offense 28-1 Assault and Other Bodily Woundings Cause a life threatening injury by mot vehicle vessel while impaired by alcohol, subsequent 29 Assault and Other Bodily Woundings Cause a life-threatening injury by mot vehicle vessel while impaired by drugs, 1 st offense 29-1 Assault and Other Bodily Woundings Cause a life-threatening injury by mot vehicle vessel while impaired by drugs, subsequent 29-2 Assault and Other Bodily Woundings Cause a life-threatening injury by mot vehicle vessel while impaired by a controlled dangerous substance, 1 st offense 30 Assault and Other Bodily Woundings Cause a life-threatening injury by mot vehicle vessel while impaired by a controlled dangerous substance, subsequent 30-1 Assault and Other Bodily Woundings Assault on law enfcement officer, parole probation agent, first responder, 2 nd degree 30-2 Assault and Other Bodily Woundings Assault by inmate on employee other inmate of State, local, sheriff's office crectional facility, 1 st degree 30-3 Assault and Other Bodily Woundings Assault by inmate on employee other inmate of State, local, sheriff's office crectional facility, 2 nd degree CR, 3-211(d)(3)(i) CR, 3-211(d)(3)(ii) CR, 3-211(e)(3)(i) CR, 3-211(e)(3)(ii) CR, 3-211(f)(4)(i) CR, 3-211(f)(4)(ii) 2Y Person VI $3,000 5Y Person V $10,000 2Y Person VI $3,000 5Y Person V $10,000 3Y Person VI $5,000 5Y Person V $10, CR, 3-203(c) 10Y Person V $5, CR, Y Person III CR, Y Person V $2,500 Guidelines Table 12/1/17 Appendix A Page 5 of 56

10 30-4 Assault and Other Bodily Woundings Inmate causing crectional employee sheriff to come in contact with bodily fluid 31 Assault Weapons Use of assault weapon magazine with a capacity of me than 10 rounds in the commission of a felony crime of violence, subsequent 32 Assault Weapons Use of assault weapon magazine with a capacity of me than 10 rounds in the commission of a felony crime of violence, 1 st offense 33 Assault Weapons Unlawfully possess, sell, offer to sell, transfer, purchase, etc., an assault weapon a detachable magazine with a capacity of me than 10 rounds 34 Assisted Suicide Coercion; provide means; participation 35 Bad Check bad check, $100,000 greater 35-1 Bad Check bad check, at least $25,000 but less than $100, Bad Check bad check, at least $1,500 but less than $25, Bad Check Multiple bad checks within a 30-day period, each at least $1,500 but less than $25,000 and totaling at least $1,500 but less than $25, Bad Check Misdemean bad check, at least $100 but less than $1, Bad Check Misdemean bad check, less than $ Boating s Operate a vessel while under the influence of alcohol, 1 st offense CR, Y Person V $2, CR, 4-306(b)(3) 20Y 10Y Person II CR, 4-306(b)(2) 20Y MM*=5Y Person III CR, 4-303(a) CR, 4-305(b) CR, 4-306(a) CR, CR, CR, CR, 8-106(a)(3) CR, CR, 8-106(a)(2) CR, CR, 8-106(a)(1) CR, CR, 8-106(b) CR, CR, 8-106(c) CR, CR, 8-106(d) NR, 8-738(e)(1)(i) 3Y Person VI $5,000 1Y Person VII $10,000 20Y Property III $25,000 10Y Property V $15,000 5Y Property VI $10,000 5Y Property VI $10,000 1Y Property VII $500 90D Property VII $500 1Y Person VII $1,000 Guidelines Table 12/1/17 Appendix A Page 6 of 56

11 36-3 Boating s Operate a vessel while under the influence of alcohol, 2 nd offense 36-4 Boating s Operate a vessel while under the influence of alcohol, 3 rd subsequent offense 37 Bribery Bribery to by public officer 38 Bribery Bribe jur acceptance of bribe by jur 39 Bribery Person persons who bribe attempt to bribe a participant, etc., in athletic contest 40 Bribery Bribery athletic contestant accepts bribe 41 Burglary and Related Crimes Burglary, 1 st degree 41-1 Burglary and Related Crimes Home invasion 42 Burglary and Related Crimes Burglary, with explosives 43 Burglary and Related Crimes Burglary, 2 nd degree 44 Burglary and Related Crimes Burglary, 2 nd degree, steal take firearm 45 Burglary and Related Crimes Burglary, 3 rd degree 46 Burglary and Related Crimes Breaking and entering research facility 47 Burglary and Related Crimes Breaking and entering mot vehicle (rogue and vagabond) 48 Burglary and Related Crimes Burglary, 4 th degree 49 CDS and Paraphernalia Drug distribution drug kingpin 50 CDS and Paraphernalia Controlled dangerous substance imptation into State, nonmarijuana NR, 8-738(e)(1)(ii) NR, 8-738(e)(1)(iii) Common law; CR, Y Person VI $2,000 3Y Person V $3,000 12Y 2Y Property V $1,000 $10,000 CR, Y 18M Property VI CR, Y 6M Property VI $100 $5, CR, Y Property VII $5, CR, 6-202(c) 20Y Property III CR, 6-202(d) 25Y Person III CR, Y Property III CR, 6-203(c)(1) 15Y Property IV CR, 6-203(c)(2) 20Y Property IV $10, CR, Y Property IV CR, Y Property VI $5, CR, Y Property VII CR, Y Property VII CR, Y MM*=20Y Drug II $1,000, CR, 5-614(a) 25Y Drug IIIC $50,000 Guidelines Table 12/1/17 Appendix A Page 7 of 56

12 50-1 CDS and Paraphernalia Controlled dangerous substance imptation into State, marijuana (45 kilograms me) 51 CDS and Paraphernalia Bringing min into State to violate drug laws 52 CDS and Paraphernalia Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment f illegal use; keeping common nuisance, narcotics and hallucinogenics (e.g., PCP, heroin, cocaine, LSD, oxycodone, and methadone) 53 CDS and Paraphernalia Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment f illegal use; keeping common nuisance, narcotics and hallucinogenics (e.g., PCP, heroin, cocaine, LSD, oxycodone, and methadone), subsequent 53-1 CDS and Paraphernalia Knowingly violated CR, with a mixture of heroin and fentanyl any analogue of fentanyl; fentanyl any analogue of fentanyl 54 CDS and Paraphernalia Manufacture, distribute, dispense, possess certain Schedule I II controlled dangerous substances, large amounts as specified in CR, CDS and Paraphernalia Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment f illegal use; keeping common nuisance, MDMA (methylenedioxymethamphetamine), 750 grams me 54-2 CDS and Paraphernalia Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment f illegal use; keeping common nuisance, MDMA (methylenedioxymethamphetamine), 750 grams me, subsequent CR, 5-614(a) 25Y Drug IIIA $50, CR, 5-628(a) 20Y Drug IIIB $20, CR, 5-608(a) CR, 5-609(a) CR, 5-608(b) CR, 5-609(b) CR, 5-608(c) CR, 5-609(c) CR, 5-608(d) CR, 5-609(d) 20Y Drug IIIB $15,000 Guidelines Table 12/1/17 Appendix A Page 8 of 56 20Y 25Y 40Y Drug IIIB $15,000 $25,000 $25,000 CR, Y Drug IIIC CR, Y MM*=5Y Drug IIIB $100,000 CR, 5-609(a) 20Y Drug IIIA $15,000 CR, 5-609(b) CR, 5-609(c) CR, 5-609(d) 20Y 25Y 40Y Drug IIIA $15,000 $25,000 $25,000

13 55 CDS and Paraphernalia Manufacture, distribute, dispense controlled dangerous substances near schools on school vehicles, 1 st offense 55-1 CDS and Paraphernalia Manufacture, distribute, dispense controlled dangerous substances near schools on school vehicles, subsequent 56 CDS and Paraphernalia Using mins f manufacture, delivery, distribution of controlled dangerous substances 57 CDS and Paraphernalia Controlled dangerous substance imptation into State, marijuana (5 to less than 45 kilos) 58 CDS and Paraphernalia Distribution distribution of noncontrolled substance as controlled dangerous substance 58-1 CDS and Paraphernalia Distribute, possess, manufacture, use cannabis diverted from a qualifying patient, caregiver, licensed grower, licensed dispensary 59 CDS and Paraphernalia Unlawful distribution, manufacture, etc.; counterfeiting, etc.; manufacture, possession, etc., of certain equipment f illegal use; keeping common nuisance, Schedules I through V non-narcotics (e.g., amphetamines, methamphetamine, marijuana, synthetic marijuana, diazepam, MDMA under 750 grams, and Valium) and buprenphine 61 CDS and Paraphernalia Manufacture, distribute, dispense, possess certain Schedule I through V non-narcotics, large amounts as specified in CR, CDS and Paraphernalia Paraphernalia deliver drug paraphernalia to min by adult who is 3 me years older CR, Y Drug IIIB $20,000 CR, Y MM*=5Y Drug IIIB $40, CR, 5-628(a)(1) 20Y Drug IIIB $20, CR, 5-614(b) 10Y Drug IV $10, CR, Y Drug IV $15,000 HG, Y Drug IV $10,000 CR, 5-607(a) 5Y Drug IV $15,000 CR, Y MM*=5Y Drug IV $100, CR, 5-619(d)(4) 8Y Drug IV $15,000 Guidelines Table 12/1/17 Appendix A Page 9 of 56

14 63 CDS and Paraphernalia Give, sell, transfer, trace, invest, conceal, etc.; receive, acquire, engage in, etc. knowing that the proceeds were derived from CDS offense 64 CDS and Paraphernalia Paraphernalia possess distribute controlled paraphernalia marijuana 65 CDS and Paraphernalia Paraphernalia possess distribute controlled paraphernalia nonmarijuana 66 CDS and Paraphernalia Paraphernalia deliver sell, manufacture possess with intent to deliver sell, drug paraphernalia, subsequent 67 CDS and Paraphernalia Paraphernalia use possess with intent to use drug paraphernalia non-marijuana, subsequent 68 CDS and Paraphernalia Paraphernalia unlawfully advertise with the purpose to promote the sale and delivery of drug paraphernalia, subsequent 69 CDS and Paraphernalia Possession unlawful possession administering to another, obtaining, etc., substance by fraud, fgery, misrepresentation, etc.; affixing fged labels; altering etc., label marijuana 69-1 CDS and Paraphernalia Possession unlawful possession administering to another; obtaining, etc., substance by fraud, fgery, misrepresentation, etc.; affixing fged labels; altering etc., label non-marijuana, 1 st offense 69-2 CDS and Paraphernalia Possession unlawful possession administering to another; obtaining, etc., substance by fraud, fgery, misrepresentation, etc.; affixing fged labels; altering etc., label non-marijuana, 2 nd 3 rd offense CR, 5-623(b) 5Y Drug IV 1 st = $250,000 Sub= $500,000 CR, 5-620(d)(2) 1Y Drug VII $1,000 CR, 5-620(d)(1) 4Y Drug V $25, CR, 5-619(d)(2)(ii) CR, 5-619(c)(3)(ii) CR, 5-619(e)(2)(ii) CR, 5-601(c)(2)(i) CR, 5-601(c)(1)(i) CR, 5-601(c)(1)(ii) 2Y Drug VII $2,000 2Y Drug VII $2,000 2Y Drug VII $2,000 6M Drug VII $1,000 1Y Drug VII $5,000 18M Drug VII $5,000 Guidelines Table 12/1/17 Appendix A Page 10 of 56

15 69-3 CDS and Paraphernalia Possession unlawful possession administering to another; obtaining, etc., substance by fraud, fgery, misrepresentation, etc.; affixing fged labels; altering etc., label non-marijuana, 4 th subsequent offense 70 CDS and Paraphernalia Possession unsolicited mailing of certain drugs, controlled dangerous substances, medicines, etc. 71 CDS and Paraphernalia Possession/purchase of non-cds believed to be a controlled dangerous substance 72 CDS Registration CDS deliver as a registrant a CDS of Schedule I/II without an der fm 73 CDS Registration CDS registration use fictitious, etc. registration number; distribute without an der fm 74 CDS Registration Manufacture CDS which was not authized by registration 75 CDS Registration CDS Registration unlawful acts 76 Cemeteries and Funerary Objects, Crimes Involving Removal attempted removal of human remains from a burial site 77 Cemeteries and Funerary Objects, Crimes Involving Destruction of funerary objects/structures placed in a cemetery 78 Cemeteries and Funerary Objects, Crimes Involving Destruction of graveyard plants 79 Cemeteries and Funerary Objects, Crimes Involving Disderly conduct in cemetery CR, 5-601(c)(1)(iii) 2Y Drug VII $5, CR, M Drug VII $ CR, 5-618(a) 1Y Drug VII $ CR, 5-904(a) 10Y Drug IV $100, CR, 5-903(a) 10Y Drug IV $100, CR, 5-902(b) 2Y Drug VII $100, CR, 5-902(a) 2Y Drug VII $100, CR, (a) 5Y Property VI $10, CR, (a) 5Y Property VI $10, CR, (b) 2Y Property VII $ CR, (c) 2Y Property VII $500 Guidelines Table 12/1/17 Appendix A Page 11 of 56

16 80 Commercial Fraud, Other False statement false entry in recds with the intent to deceive a person authized to examine the affairs of the bank, trust company, savings bank 81 Commercial Fraud, Other Misappropriation, fraudulent conversion, any fraudulent act in the course of engaging in the mtgage lending business 82 Commercial Fraud, Other Fraudulent Insurance Acts Violation of any other provision of , , , , , , , where the value of the fraud is $300 greater 82-1 Commercial Fraud, Other Fraudulent Insurance Acts Violation of any other provision of , , , , , , , where the value of the fraud is less than $ Commercial Fraud, Other Fail to obtain and maintain a cpate surety bond irrevocable letter of credit to hold sums of money in an escrow account 84 Commercial Fraud, Other Sales of property, Custom Home Protection Act-willful failure to obtain and maintain a cpate surety bond to hold sums of money in escrow account; willful failure to make disclosure; willful commission of a breach of trust provided in Commercial Fraud, Other Sales of property, Custom Home Protection Act any other conduct that fails to comply with RP, Title 10, Subtitle Commercial Fraud, Other Commission of mtgage fraud 84-3 Commercial Fraud, Other Commission of mtgage fraud involving victim who is a vulnerable adult under CR, FI, 5-803(b) 10Y Property V $5, FI, (c) 15Y Property V $100, IN, (a)(1) IN, (a)(2) 15Y Property V $10,000 18M Property VII $10, RP, (a) 15Y Property V $10,000 RP, (b)(2) 15Y Property V $10, RP, (b)(3) 1Y Property VII $1,000 RP, 7-407(a) 10Y Property V $5,000 RP, 7-407(b) 15Y Property V $15,000 Guidelines Table 12/1/17 Appendix A Page 12 of 56

17 84-4 Commercial Fraud, Other Commission of mtgage fraud, engaging in a pattern of mtgage fraud 84-5 Commercial Fraud, Other Failure of feclosure consultant to obtain a real estate broker's license 84-6 Commercial Fraud, Other Violation of any provision of Business Occupations and Professions Article, Title 17, by feclosure consultant 84-7 Commercial Fraud, Other Violation of certain provisions of the Maryland Real Estate Brokers Act, 1 st offense 84-8 Commercial Fraud, Other Violation of certain provisions of the Maryland Real Estate Brokers Act, 2 nd offense 84-9 Commercial Fraud, Other Violation of certain provisions of the Maryland Real Estate Brokers Act, 3 rd subsequent offense Commercial Fraud, Other Violation of any provisions of Maryland Mtgage Assistance Relief Services Act Commercial Fraud, Other Violation of any provision of Business Regulation Article, Title 5, Subtitle 6, 1 st offense Commercial Fraud, Other Violation of any provision of Business Regulation Article, Title 5, Subtitle 6, 2 nd offense Commercial Fraud, Other Violation of any provision of Business Regulation Article, Title 5, Subtitle 6, 3 rd subsequent offense Commercial Fraud, Other Misappropriation fraudulent conversion of perpetual care trust funds in excess of $ Commercial Fraud, Other Violation of any provision of Business Regulation Article, Title 5, Subtitle 9, 1 st offense RP, 7-407(c) 20Y Property IV $100,000 RP, (a) RP, RP, (b) RP, BO, (a) BO, (d)(1) BO, (d)(2) RP, BR, 5-610(a)(1), (b)(1) BR, 5-610(a)(2), (b)(2) BR, 5-610(a)(3), (b)(3) 3Y Property VI $10,000 3Y Property VI $10,000 1Y Property VII $5,000 2Y Property VII $15,000 3Y Property VI $25,000 3Y Property VI $10,000 1Y Property VII $5,000 2Y Property VII $10,000 3Y Property VI $20, BR, 5-610(c) 10Y Property V $25, BR, 5-904(1) 1Y Property VII $5,000 Guidelines Table 12/1/17 Appendix A Page 13 of 56

18 84-16 Commercial Fraud, Other Violation of any provision of Business Regulation Article, Title 5, Subtitle 9, 2 nd offense Commercial Fraud, Other Violation of any provision of Business Regulation Article, Title 5, Subtitle 9, 3 rd subsequent offense Commercial Fraud, Other Failure to deposit money received under in connection with preneed burial contract, 1 st offense Commercial Fraud, Other Failure to deposit money received under in connection with preneed burial contract, 2 nd offense Commercial Fraud, Other Failure to deposit money received under in connection with preneed burial contract, 3 rd subsequent offense Commercial Fraud, Other Misappropriation fraudulent conversion of preneed trust funds in excess of $ Commercial Fraud, Other Violations of law relating to returnable containers and returnable textiles, 1 st offense Commercial Fraud, Other Violations of law relating to returnable containers and returnable textiles, subsequent Commercial Fraud, Other Violations of law relating to plastic secondary packaging, 1 st offense Commercial Fraud, Other Violations of law relating to plastic secondary packaging, subsequent 85 Commercial Fraud, Other Fraud breach of trust 86 Commercial Fraud, Other Fraud convert to own use the property of partner, make entries of a partnership transaction 87 Commercial Fraud, Other Fraud, misrepresentation by cpate officer BR, 5-904(2) BR, 5-904(3) BR, 5-712(b)(1)(i), (b)(2)(i) BR, 5-712(b)(1)(ii), (b)(2)(ii) BR, 5-712(b)(1)(iii), (b)(2)(iii) 2Y Property VII $10,000 3Y Property VI $15,000 1Y Property VII $10,000 2Y Property VII $15,000 3Y Property VI $20, BR, 5-712(c) 10Y Property V $25, BR, Y Property VII $1,000 BR, Y Property VII $2,500 BR, (e)(1) 1Y Property VII $1,000 BR, (e)(2) 3Y Property VII $2, CR, 8-406(a) 10Y 1Y Property VI $500- $5, CR, 8-401(a) 10Y Property VI $5, CR, 8-402(a) 3Y 6M Property VI $1,000- $10,000 Guidelines Table 12/1/17 Appendix A Page 14 of 56

19 88 Commercial Fraud, Other False misleading statement omission of material fact in sale of business opptunity 89 Commercial Fraud, Other Offer sale of franchise without registration 90 Commercial Fraud, Other Untrue statements omissions of material fact in connection with an offer to sell sale of a franchise 91 Commercial Fraud, Other False misleading statement omission in prospectus amendment 92 Commercial Fraud, Other Untrue statements omissions of material fact in applications, notices, repts in sale of franchise 93 Commercial Fraud, Other Failure to notify Commissioner of material change in sale of franchise 95 Commercial Fraud, Other Fraud pyramid, promotional scheme 98 Commercial Fraud, Other Unlawful subleasing of mot vehicle 98-1 Commercial Fraud, Other Operation of an assisted living program without a license, 1 st offense 98-2 Commercial Fraud, Other Operation of an assisted living program without a license, subsequent 98-3 Commercial Fraud, Other Fraudulently obtaining mot vehicle accident rept 98-4 Commercial Fraud, Other Improper disclosure of mot vehicle accident rept by law enfcement agent 100 Counterfeiting Counterfeiting any public seal 101 Counterfeiting Counterfeiting United States currency 102 Counterfeiting Fgery, counterfeiting, etc BR, (b) 5Y Property VI $10,000 BR, (b) 5Y Property VI $10, BR, (b) 5Y Property VI $10,000 BR, (b) 5Y Property VI $10,000 BR, (b) 5Y Property VI $10,000 BR, (b) 5Y Property VI $10, CR, 8-404(b) 1Y Property VII $10, CR, 8-408(b) 3Y Property VII $5, HG, (a)(2)(i) HG, (a)(2)(ii) 5Y Property VII $10,000 5Y Property VI $20,000 TR, (e)(1) 15Y Property V $10,000 TR, (e)(2) 15Y Property V $10, CR, 8-607(b) 10Y 2Y Property V CR, Y Property V $10, CR, 8-601(a) 10Y Property V $1,000 Guidelines Table 12/1/17 Appendix A Page 15 of 56

20 102-1 Counterfeiting Possession of counterfeit items 103 Counterfeiting Fgery, counterfeiting, pass fged, etc. of public documents 104 Counterfeiting Orders, etc., f money goods Counterfeiting Trademark counterfeiting, less than $1, Counterfeiting Trademark counterfeiting, $1,500 greater 106 Counterfeiting Issuing publishing counterfeit documents 107 Counterfeiting Counterfeit comptroller stamp 109 Counterfeiting Falsifying, destroying, concealing, accessing, etc., public recds 110 Counterfeiting Fge, falsify, counterfeit the signature of a judge, court officer, court employee; use a document with fged signature of a court official 112 Counterfeiting Possess issue counterfeit U.S. currency 113 Counterfeiting Unlawful possession of fged, etc., mot vehicle title 114 Counterfeiting Make, utter, fge, etc. tickets, coupons, tokens, etc. without the authity of the person cpation issuing, selling, etc.; assist in making, uttering, fging, etc. of tickets, coupons, tokens, etc.; utter pass, knowing it to be so made Credit Card Crimes credit card crimes, $100,000 greater CR, 8-601(c)(2) 3Y Property VII $1, CR, 8-605(a) 10Y 2Y Property V CR, 8-609(b) 10Y 2Y Property V CR, 8-611(d) 1Y Property VII $1,000 CR, 8-611(c) 10Y Property V $10, CR, Y Property V $1, CR, 8-608(a) 10Y 2Y Property V CR, 8-606(b) 3Y Property VII $1,000 CR, Y Property VI $10, CR, Y Property VII $1, CR, 8-603(a) 3Y Property VII $1, CR, 8-612(b) 1Y Property VII CR, 8-206(c)(1)(iii) CR, 8-207(b)(1)(iii) CR, 8-209(b)(1)(iii) 20Y Property III $25,000 Guidelines Table 12/1/17 Appendix A Page 16 of 56

21 114-2 Credit Card Crimes credit card crimes, at least $25,000 but less than $100, Credit Card Crimes credit card crimes, at least $1,500 but less than $25, Credit Card Crimes Misdemean credit card crimes, at least $100 but less than $1, Credit Card Crimes Misdemean credit card crimes, less than $ Credit Card Crimes Possess incomplete credit card knowingly possess machinery, plates, etc. to reproduce credit cards 116 Credit Card Crimes Unlawfully use disclose credit card number other payment device number holder's signature Credit Card Crimes Make cause to be made a false written statement with respect to identity to procure the issuance of a credit card Credit Card Crimes Steal credit card, receive stolen lost credit card, sell buy credit card 117 Credit Card Crimes Falsely make emboss credit card, transfer possess falsely made embossed credit card, sign credit card with intent to defraud 118 Credit Card Crimes Publish cause to be published the number code of a telephone credit card with intent to defraud CR, 8-206(c)(1)(ii) CR, 8-207(b)(1)(ii) CR, 8-209(b)(1)(ii) CR, 8-206(c)(1)(i) CR, 8-207(b)(1)(i) CR, 8-209(b)(1)(i) CR, 8-206(c)(2) CR, 8-207(b)(2) CR, 8-209(b)(2) CR, 8-206(c)(3) CR, 8-207(b)(3) CR, 8-209(b)(3) 10Y Property V $15,000 5Y Property VI $10,000 1Y Property VII $500 90D Property VII $500 CR, Y Property V $1,000 CR, CR, Y Property V $1, CR, M Property VII $ CR, M Property VII $500 CR, Y Property V $1, CR, Y Property VII $500 Guidelines Table 12/1/17 Appendix A Page 17 of 56

22 119 Crimes Against the Person, Generally Administered controlled dangerous substance befe committing crime of violence Criminal Gang s Use of threat of fce to coerce participation prevent leaving gang Criminal Gang s Use of threat of fce to coerce participation prevent leaving gang in school within 1,000 feet of school property Criminal Gang s Participate as member of criminal gang in commission of crime; in receipt and use investment, of proceeds of $10,000 me from underlying crime in the acquisition of real property establishment operation of any enterprise; in acquisition maintenance of any interest control of any enterprise property through an underlying crime Criminal Gang s Participate as member of criminal gang in commission of crime; in receipt and use investment, of proceeds of $10,000 me from underlying crime in the acquisition of real property establishment operation of any enterprise; in acquisition maintenance of any interest control of any enterprise property through an underlying crime resulting in death of victim Criminal Gang s Organize, supervise, finance, manage a criminal gang 120 Destructive Devices Explosives possession without license with intention to use in violation of various statutes 121 Destructive Devices Explosives sale without license with intention to use in violation of various statutes 122 Destructive Devices Firearm, explosive on aircraft CR, 5-624(b) 1Y Person VII $2,500 CR, Y Person VII $10,000 CR, Y Person VI $20,000 CR, 9-804(f)(1)(i) CR, 9-804(f)(1)(ii) 15Y Person One categy me serious than most serious underlying offense. If no conviction on underlying offense, categy=iv 25Y Person One categy me serious than most serious underlying offense. If no conviction on underlying offense, categy=iii $1,000,000 $5,000,000 CR, Y Person III $1,000, PS, (b) PS, (a) PS, (c) PS, (b) 20Y Person III $10,000 20Y Person III $10, TR, Y Person III Guidelines Table 12/1/17 Appendix A Page 18 of 56

23 123 Destructive Devices Manufacture, transpt, possess, control, ste, sell, distribute, use a destructive device 124 Destructive Devices Possess explosive, incendiary, toxic material with the intent to create a destructive device 125 Destructive Devices Explosives unlawful manufacture dealing without license Destructive Devices Explosives possession without license Destructive Devices Explosives sale without license Destructive Devices Explosives owner of operation that uses explosives dealing without license 126 Destructive Devices Explosives employee possession without license 127 Destructive Devices Explosives violate explosives regulation Disturbing the Peace, Disderly Conduct, and Related Crimes Disturbing the peace, disderly conduct in public place Disturbing the Peace, Disderly Conduct, and Related Crimes Affray 128 Disturbing the Peace, Disderly Conduct, and Related Crimes Rioting 129 Disturbing the Peace, Disderly Conduct, and Related Crimes Flag official defacing/desecrate in a manner intended to incite produce an imminent breach of peace under circumstances likely to incite produce an imminent breach of peace Disturbing the Peace, Disderly Conduct, and Related Crimes Willfully violate der given by Govern in time of emergency CR, 4-503(a)(1) 25Y Person III $250, CR, 4-503(a)(2) 25Y Person III $250, PS, (a) 5Y Person VI $5, PS, (b) 5Y Person VI $5,000 PS, (c) 5Y Person VI $5,000 PS, (d) 5Y Person VI $5,000 PS, (e) 5Y Person VI $5,000 PS, (f) 5Y Person VI $5,000 CR, D Person VII $ Common Law LIFE Person VI Common law LIFE Person IV CR, (a) 1Y Property VII $1,000 PS, Y Person VII $5,000 Guidelines Table 12/1/17 Appendix A Page 19 of 56

24 129-2 Disturbing the Peace, Disderly Conduct, and Related Crimes Willfully and knowingly fail to comply with der in time of investigation of communicable disease 130 Election s False repts by election judge election official 131 Election s Defacing removing election recds related to voting 132 Election s Tampering with electronic voting system 133 Election s Voting by person convicted of a felony and currently serving a courtdered sentence of imprisonment 134 Election s Tampering with election recds 135 Election s Adding deleting votes Election s Voting offenses Election s Voter registration offenses Election s Neglect of official duties by election official official of political party 136 Election s Destruction of voting equipment Election s Tampering with voting equipment Election s Removal destruction of equipment supplies Election s Falsely fraudulently making, defacing, destroying a certificate of candidacy nomination Election s Unlawful actions by an election judge Election s Violate any provision of Election Law Article, Title 9 (Voting), Subtitle 3 (Absentee Voting) HG, (a) 1Y Person VII $3,000 EL, Y 1Y Property V EL, Y 1Y Property V EL, Y Property V $50, EL, Y 1Y Property VI EL, Y 1Y Property VI EL, Y 1Y Property VI EL, Y Property VII $5, EL, Y Property VII $1, EL, Y 30D Property VII $50-$1, EL, Y Property VI $10, EL, Y Property VI $10, EL, Y Property VI $10, EL, Y Property VI $100- $1,000 EL, Y 3M Property VII EL, Y Property VII $1,000 Guidelines Table 12/1/17 Appendix A Page 20 of 56

25 136-6 Election s Give, receive, etc., any valuable thing to influence vote, etc Election s Failure to include name of finance entity and treasurer on campaign material 137 Estates, Crimes Against Embezzling destroy, conceal will codicil 138 Exttion and Other Threats Exttion by anyone, $100,000 greater Exttion and Other Threats Exttion by anyone, at least $10,000 but less than $100, Exttion and Other Threats Exttion by anyone, at least $1,000 but less than $10, Exttion and Other Threats Misdemean Exttion by anyone, less than $1, Exttion and Other Threats Exttion by State local officer, $100,000 greater Exttion and Other Threats Exttion by State local officer, at least $10,000 but less than $100, Exttion and Other Threats Exttion by State local officer, at least $1,000 but less than $10, Exttion and Other Threats Misdemean Exttion by State local officer, less than $1, Exttion and Other Threats Exttion sending, etc. a threatening letter, etc. 141 Exttion and Other Threats Exttion threatening verbally 142 Exttion and Other Threats Threaten to take the life, kidnap, cause physical injury to State local official, deputy assistant State's Attney, assistant Public Defender 143 Exttion and Other Threats Exttion by false accusation EL, Y Property VII $1, EL, EL, Y Property VII $1, CR, 8-702(a) 15Y 18M Property V CR, 3-701(c)(3) 25Y Property II $25,000 CR, 3-701(c)(2) 15Y Property IV $15,000 CR, 3-701(c)(1) 10Y Property V $10,000 CR, 3-701(d) 18M Property VII $1, CR, 3-702(e) 25Y Property II $25, CR, 3-702(d) 15Y Property IV $15, CR, 3-702(c) 10Y Property V $10, CR, 3-702(f) 18M Property VII $ CR, 3-706(b) 10Y Property V $10,000 CR, 3-705(a) 10Y Property V $10,000 CR, Y Person VI $2,500 CR, 3-704(a) 10Y Property V $10,000 Guidelines Table 12/1/17 Appendix A Page 21 of 56

26 144 Exttion and Other Threats Exttion by State local officer employee against another employee 145 False Advertising and Related Crimes False and fraudulent advertising 146 False Advertising and Related Crimes Bait and switch False Statements, Other False statement to Department of Housing and Community Development, in document required under to influence action on a Rental Housing Program loan False Statements, Other False statement to Department of Housing and Community Development, in document required under to influence action on an Energy-Efficient Homes Construction Loan Program loan 147 False Statements, Other False Statement rum as to bomb False Statements, Other False Statement manufacture, possess, transpt, place a phony destructive device 148 False Statements, Other Fraud failure to provide providing false infmation willfully with intent to evade taxes 149 False Statements, Other Fraud willful failure to file income tax return 150 False Statements, Other Fraud willful failure to withhold income tax 151 False Statements, Other Fraud willful preparation of false income tax return False Statements, Other File false lien encumbrance make false statement on lien encumbrance, 1 st offense False Statements, Other File false lien encumbrance make false statement on lien encumbrance, subsequent CR, 3-703(a) 5Y Property VI $5,000 CL, Y Property VII $1, CL, Y Property VII $500 HS, Y Property VII $50,000 HS, Y Property VII $50, CR, 9-504(b) 10Y Property V $10, CR, Y Property V $10, TG, (a) 18M Property VI $5,000 TG, (c) 5Y Property VI $5,000 TG, (b) 5Y Property VI $10, TG, Y Property VI $10, CR, 3-808(b)(1) 1Y Property VII $10,000 CR, 3-808(b)(1) 5Y Property VI $10,000 Guidelines Table 12/1/17 Appendix A Page 22 of 56

27 152 False Statements, Other False statement on application f funds f Maryland higher education commission 153 False Statements, Other False Statement to official agencies of State its subdivisions 154 False Statements, Other False Statement to peace police officers Fraud, Financial Crimes Against Vulnerable Adults Obtain property of vulnerable adult an individual at least 68 years old by deception, intimidation, undue influence, $100,000 greater Fraud, Financial Crimes Against Vulnerable Adults Obtain property of vulnerable adult an individual at least 68 years old by deception, intimidation, undue influence, at least $25,000 but less than $100, Fraud, Financial Crimes Against Vulnerable Adults Obtain property of vulnerable adult an individual at least 68 years old by deception, intimidation, undue influence, at least $1,500 but less than $25, Fraud, Financial Crimes Against Vulnerable Adults Obtain property of vulnerable adult an individual at least 68 years old by deception, intimidation, undue influence, at least $100 but less than $1, Fraud, Miscellaneous Fraud misuse by lawyer 156 Fraud, Miscellaneous Fgery fgery, etc. of prescriptions, etc. 157 Fraud, Miscellaneous Fraud failure to deliver receipts f sted grain CR, 9-506(a) 1Y Property VII $5, CR, 9-503(a) 6M Property VII $ CR, 9-501(a) CR, 9-502(a) CR, 8-801(c)(1)(iii) CR, 8-801(c)(1)(ii) CR, 8-801(c)(1)(i) 6M Property VII $500 20Y Property III $25,000 10Y Property V $15,000 5Y Property VI $10,000 CR, 8-801(c)(2) 1Y Property VII $ BO, , BO, (b) Y Property V CR, 8-610(a), (b) 2Y Property VI CR, 7-116(b) 10Y 1Y Property VI $500- $5,000 Guidelines Table 12/1/17 Appendix A Page 23 of 56

28 158 Fraud, Miscellaneous Fraudulent actions related to cable TV f payment offer of pay 159 Fraud, Miscellaneous Out-of-State unlicensed sellers of alcohol Fraud, Miscellaneous Practicing as a Polysomnographic Technologist without authization, etc Fraud, Miscellaneous Violate any provision of Health Occupations Article, Title 19 (Social Wkers), Subtitle 4 (Prohibited Acts; Penalties) Fraud, Miscellaneous Practicing medicine without a license misrepresentation as practitioner of medicine Fraud, Miscellaneous Practicing naturopathic medicine without a license Fraud, Miscellaneous Violate certain provisions of Health Occupations Article, Title 8 (Nurses), Subtitle 7 (Prohibited Acts; Penalties) 160 Fraud, Miscellaneous Fraud falsely representing self as lawyer Fraud, Miscellaneous Impersonating a law enfcement officer Fraud, Miscellaneous Altering the results of a drug alcohol screening test, 1 st offense Fraud, Miscellaneous Altering the results of a drug alcohol screening test, subsequent CR, 7-303(c) 5Y Property VI $5, AB, Y Property VI $1, HO, 14-5C-23(a) 1Y Property VII $1,000 HO, HO, HO, HO, (a)(4) 2Y Person VII $5,000 5Y Person VI $10,000 HO, 14-5F-29 5Y Person VI $10,000 HO, BO, BO, Y Person VI $10,000 1Y Person VII $5,000 PS, Y Person VII $2, CR, Y Property VI $1, CR, Y Property V $5,000 Guidelines Table 12/1/17 Appendix A Page 24 of 56