Agency # Arkansas Sentencing Standards Seriousness Reference Table

Transcription

1 Agency # Arkansas Sentencing Standards Seriousness Reference Table Preliminary Rankings Adopted June 10, 2011 Final Rankings Adopted July 18,

2 Final Markup Copy OFFENSE SERIOUSNESS RANKING TABLE FOR ALL CRIMINAL OFFENSES (IN STATUTORY NUMERICAL ORDER) + Target offense *Possible target offense Target designations are made to be helpful - refer to Acts 531 of 1993 and 577 of 1995 for legal definitions. #Serve 70% - see Act 1326 of ##Manufacturing methamphetamine will serve 70% See Act 1135 of 1997 and Act 1268 of 1999 (Offense dates refer to the effective date of the legislative acts.) Statute # Class Name of Crime Ranking D Violation of Grain Warehouse D Furnishing Alcoholic Beverage to Minor (Second Offense 3 within 3 Years) D Sale of Alcoholic Beverage to Minor C Sale of Alcoholic Beverage to Minor 3 (New, Second Offense W/I 5 year) D Social Hosts - Criminal Liability (Third or Subsequent Offense) D Illicit Still D Sale or Furnishing Place for Sale in dry Territory 1 (Offense date - July 30, 2006 and thereafter) D Alcoholic Beverage Sale/Possession Trade in Dry County U Alcoholic Beverage Sale/Possession Trade in Dry County 1 (Offense date - Prior to August 12, 2005) C Unlawful Acts Relating to Secured Interests on Farm Products 3 (Offense date - July 30, 2006 and thereafter) D Issuance of Bill for Goods Not Received 2 (Offense date - July 30, 2006 and thereafter) U Odometer Fraud 2 (Offense date - July 28, 1995 and thereafter) Y Capital Murder - Attempt to Commit A Capital Murder- Attempt/Conspiracy/Solicitation 9 (Attempt to Commit Offense date - Prior to August 12, 2005) # Y Murder I A Murder II B Murder II 8 (Offense date - Prior to August 12, 2005) C Manslaughter B Negligent Homicide 6 2

3 C Negligent Homicide D Negligent Homicide 4 (Offense date - Prior to July 30, 1999) C Physician-assisted suicide 5 # Y Kidnapping B Kidnapping C False Imprisonment I B Aircraft Piracy C Vehicular Piracy B Permanent Detention D Permanent Detention A Human Trafficking B Robbery 7 # Y Aggravated Robbery Y Battery I, Victim 4 Years of Age or Younger 9 (Offense date - July 31, 2007 and thereafter) Y Battery I, Victim Law Enforcement in Line of Duty 9 (Offense date - July 31, 2007 and thereafter) B Battery I D Battery II D Battery II 4 (a)(4) D Aggravated Assault Y Intro C/S into Body (Schedule I-II) Y Intro C/S into Body to Commit Sexual Offense 9 (Offense date - July 30, 1999 and after B Intro C/S into Body (Schedule I-III) C Intro C/S into Body (Schedule IV-V) D Aggravated Assault of Corrections Officer 3 (Offense date - August 1, 1997 and prior to July 27, 2011) D Aggravated Assault upon a Certified Law Enforcement Officer or 3 (a) & (b) an Employee of a Correctional Facility D Terroristic Threatening I Y Terroristic Act 8 (Offense date - Prior to August 12, 2005) 3

4 Y Terrorist Act B Terroristic Act 5 # Y Rape A Carnal Abuse I 6 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) B Carnal Abuse I 5 (Offense date - prior to July 28, 1995) C Carnal Abuse II 5 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) D Carnal Abuse II 4 (Offense date - prior to July 28, 1995) D Carnal Abuse III 3 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) C Sexual Abuse I 5 (Offense date - prior to August 13, 2001) D Sexual Indecency with a Child D Sexual Indecency with a Child 3 (Offense date - August 13, August 11, 2005) D Sexual Solicitation of a Child 3 (Offense date - July 28, August 11, 2005) C Indecent Exposure (Sixth and Subsequent Offense) 4 (Offense date - January 30, 2007 and thereafter) D Indecent Exposure, (Fourth and Fifth Offense) 3 (Offense date - January 30, 2007 and thereafter) D Indecent Exposure, (Second and Subsequent Offense 2 (Offense date - August 13, 2001 and prior to August 12, 2005) D Indecent Exposure to Age 12 and under C Violation of a Minor I 4 (Offense date - prior to August 13, 2001) D Violation of a Minor II 3 (Offense date - prior to August 13, 2001) A Knowingly Exposing Another to HIV A Knowingly Exposing Another to HIV 6 (Offense date - Prior to August 13, 2001) A Sexual Assault, First Degree B Sexual Assault, Second Degree 6 4

5 B Sexual Assault, Second Degree 6 (a)(6) & (b)(1) D Sexual Assault, Second C Sexual Assault, Third Degree D Sexual Assault, Fourth Degree D Registered Sex Offender Residing within 2000' of 3 Certain Facilities D Registered Sex Offender Working with Children D Registered Sex Offender Working with Children 4 (a)(2) as Self-employed or Independent Contractor D Registered Sex Offender Providing Incorrect Address on 3 Identification Card or Driver s License (Offense date - March 20, 2007 and thereafter) D Registered Sex Offender Living Near Victim 4 (Offense date - March 21, 2007 and thereafter) D Registered Sex Offender Prohibited from Entering School 3 Campus (Offense date - July 31, 2007 and thereafter) D Registered Sex Offender Prohibited from Entering a Water Park 3 (b) & (c) (Offense date - March 30, 2011 and thereafter) U Slander-Adultery/Fornication 1 (Repealed - August 12, 2005) U Slander-False Swearing 1 (Repealed - August 12, 2005) U Slander-Proclaiming One as a Coward 1 (Repealed - August 12, 2005) U Slander 1 (Repealed - August 12, 2005) * D Video Voyeurism D Voyeurism D Death Threat Concerning School Employee Or Student A Incest when victim < C Incest D Concealing Birth 2 (Offense date- August 13, 2001 and thereafter) B Defrauding a Prospective Adoptive Parent 4 (b) & (c)(1) 5

6 C Defrauding a Prospective Adoptive Parent 3 (b) & (c) (2) (Offense date - July 27, 2011 and thereafter B Wife Battering I 8 (Offense date - prior to July 28, 1995) D Wife Battering II 4 (Offense date - prior to July 28, 1995) A Domestic Battering I 8 (Subsequent Offense) (Or To a Pregnant Woman - Offense date - July 16, 2003 and thereafter) B Domestic Battering I 8 (Offense date - July 28, 1995 and thereafter) B Domestic Battering II 5 (Subsequent Offense) (Or To a Pregnant Woman - Offense date - July 16, 2003 and thereafter) C Domestic Battering II D Aggravated Assault on Wife I 3 (Offense date - prior to July 28, 1995) D Domestic Battering II 4 (Offense date - July 28, 1995 and thereafter) D Domestic Battering III (Second Offense) 3 (Offense date - July 28, 1995 and after) D Domestic Battering III 3 (Subsequent Offense) (Or To a Pregnant Woman - Offense date - July 16, 2003 and thereafter) D Aggravated Assault on Family/Household Member 3 (Offense date - July 28,1995 and thereafter) B Non-Support if owe >$25, C Non-Support if owe >$10,000 but <$25, D Non-Support if owe > $2,500, it at least four months of support D Non-Support 3 (Offense date - Prior to July 30, 1999) D Interference with Visitation C Interference with Custody 3 (Offense date - July 28, 1995 and thereafter) D Interference with Custody 3 (Offense date - prior to July 28, 1995) 6

7 D Interference with Court Ordered Custody 3 (Offense date - July 28, 1995 and thereafter) C Interference with Custody 3 (Offense date - July 31, 2007 and prior to July 27, 2011) C Interference with Custody 3 (a) & (b) D Endangering Welfare of Incompetent I D Endangering Welfare of a Minor I B Permitting Child Abuse C Permitting Child Abuse D Permitting Child Abuse D Soliciting Money/Property from Incompt B Exposure of Child to Chemical Substance or Meth, Ingest, Inhale 6 With Injury C Exposure of Child to Chemical Substance or Meth, Ingest, Inhale, 4 Have Contact With C Engaging Child in Sex Explicit (First Offense) 5 (Offense date - Prior to July 16, 2003) B Engaging Child in Sex Explicit (First Offense) B Engaging Child in Sex Explicit - (Subsequent Offense) 6 (Offense date - Prior to July 16, 2003) A Engaging Child in Sex Explicit - (Subsequent Offense) C Transportation/Distribution of Material Depicting Child 4 (First Offense) B Transportation/Distribution of Material Depicting Child 5 (Subsequent Offense) A Transportation of a Minor for Prohibited Conduct 7 (Offense date - July 31, 2007 and thereafter) C Transportation of a Minor for Prohibited Conduct 5 (Offense date prior to July 31, 2007) A Internet Stalking 8 (Offense date - August 24, 2007 and thereafter) A Internet Stalking 7 (Offense date - August 12, 2005 and prior to August 24, 2007) B Internet Stalking 7 (Offense date - January 30, 2007 and thereafter) C Internet Stalking 6 (Offense date - August 12, 2005 and prior to January 30, 2007) 7

8 C Employ/Authorize Child <17 Sexual Performance 5 (First Offense) B Employ/Authorize Child <17 Sexual Performance 6 (Subsequent Offense) B Produce/Direct Sexual Performance Child < B Fraud ID Unlawful to Manufacture (Second Offense) C Fraud ID Unlawful to Manufacture (First Offense) B Distributing, Possessing or Viewing Matter Depict Conduct Involve 6 Child, (Second or Subq. Offense) (Offense date - August 13, 2001 and thereafter) C Distributing, Possessing or Viewing Matter Depict Conduct Involve 4 Child B Computer Child Pornography B Computer Exploitation of a Child - First Degree 7 (Second and Subq. Offense) (Offense date - August 13, July 15, 2003) A Computer Exploitation of a Child - First Degree 8 (Second and Subq. Offense) C Computer Exploitation of a Child - First Degree 5 (First Offense) (Offense date - August 13, July 15, 2003) B Computer Exploitation of a Child - First Degree 6 (First Offense) D Computer Exploitation of a Child - Second Degree 4 (Offense date - August 13, July 15, 2003) C Computer Exploitation of a Child - Second Degree B Abuse of Adults B Abuse of Adults 6 (Offense date - Prior to August 12, 2005) C Abuse of Adults D Abuse of Adults D Making False Notification of Adult Abuse (Second Offense) B Theft of Property B Theft of Property Value => $25,000 6 (b)(1)(a) B Theft of Anhydrous Ammonia B Theft of Building Materials Value => $500 5 (Offense date - July 31, 2007 and thereafter) Prior to July 27, 2011) 8

9 B Theft of Property Under a State of Emergency and 5 Property +> $500 Prior to July 27, 2011) B Theft of Utility Property and Value is => $ (b)(1)(g)(i) C Theft of Property 3 (Offense date - prior to July 28, 1995) C Theft of Property >$500 3 (Offense date - July 28, 1995 and thereafter) prior to July 27, 2011) C Theft of Property > $5,000 < $25,000 4 (b)(2)(a) C Theft of Property - Firearm Value => $2,500 3 (b)(2)(c) C Theft of Building Materials Value => $500 4 (b)(2)(d) C Theft of Property Under a State of Emergency and 5 (b)(2)(e) Property =>$ C Theft of Property Under a State of Emergency and Property 3 => $100 but < $500 Prior to July 27, 2011) D Theft of Property D Theft of Property Value >$1,000 but =< $5,000) 2 (b)(3)(a) D Theft of Property - Firearm Value < $2,500 3 (b)(3)(b) D Theft of Property - Credit/Debit Card or Account Number 3 (b)(3)(c) D Theft of Property Under State of Emergency and Property 4 (b)(3)(d) =>$100 < $ D Theft of Property - Livestock Value >$200 3 (b)(3)(e) D Theft of Property During a Period of Emergency 3 prior to July 27, 2011) D Theft of Property During a Criminal Episode 2 prior to July 27, 2011) B Theft of Services B Theft of Services Value => $25,000 6 (c)(1)(a) C Theft of Services 3 9

10 C Theft of Services Value > $5,000 <$25,000 4 (c)(2)(a) D Theft of Services Value > $1,000 < $5,000 2 (c)(3) D Theft of Property Lost/Mislaid/Delivered by Mistake B Theft by Receiving B Theft by Receiving Value => $25,000 6 (e)(1) C Theft by Receiving C Theft by Receiving Value > $5,000 < $25,000 4 (e)(2) D Theft by Receiving Value > $1,000 =< $5,000 2 (e)(3)(a) D Theft by Receiving - Credit/Debit Card or Account Number 3 (e)(3)(b) B Theft of Leased/Rented Property B Theft of Leased/Rented Property Value => $25, C Theft of Leased/Rented Property C Theft of Leased/Rented Property Value > $5,000 but < $25, D Theft of Leased/Rented Property D Theft of Leased/Rented Property Value > $1,000 but =< $5,000) B Theft of Scrap Metal > $2,500 5 (Offense date - July 31, 2007 and thereafter) prior to July 27, 2011) B Theft of Scrap Metal Value => $25,000) C Theft of Scrap Metal > $500 < $2,500 3 (Offense date - July 31, 2007 and thereafter) prior to July 27, 2011) C Theft of Scrap Metal Value => $5,000 but < $ D Theft of Scrap Metal < $500 2 (Offense date - July 31, 2007 and thereafter) prior to July 27, 2011) D Theft of Scrap Metal Value > $1,000 but =< $5, D Theft by Receiving of Scrap Metal 2 (b) & (c)(1)(a) D Theft by Receiving of Scrap Metal Second or Subseq. Offense 2 (b) & (c)(2) 10

11 B Theft of Public Benefits >$2, C Theft of Public Benefits >$200 <$2, B Theft - Wireless Services 5 prior to July 27, 2011) C Theft - Wireless Services 3 prior to July 27, 2011) D Theft - Wireless Services Aggregate Value > $1,000 =<$5,000 2 (b)(2)(a) D Theft - Wireless Services Communicate Threats or Injury by 4 (b)(2)(b) Bombing, Fire, Etc. (Offense date - July 27, 2001 and thereafter) C Theft - Wireless Services Aggregate Value > $5,000 < $25,000 4 (b)(3)(a) C Theft - Wireless Services - Second or Subsequent Offense 4 (b)(3)(b) C Theft - Wireles Services - Previous Conviction of Any Similar 4 (b)(3)(c) Crime in this or Any Other State or Federal Jurisdiction (Offense date - July 27, 2011 and thereafafter) B Theft - Wireless Services Aggregate Value => $25,000) 6 (b)(4) C Theft - Wireless Services Communicate Threats or Injury by 4 Bombing, Fire, Etc. prior to July 27, 2011) B Theft - Wireless Services, facilitating C Theft - Wireless Services, facilitating D Unlawful Use of Theft Detection Shield Device D Unlawful Possession of Theft Detection Shield Device D Unlawful Possession of Theft Detection Device Remover D Unlawful Removal of Theft Detection Device B Forgery I C Forgery II D Defrauding Secured Creditors D Fraud in Insolvency C Fraudulent Use of a Credit Card B Fraudulent Use of Credit Card or Debit Card =>$25,000 6 (b)(1) in Six-month Period C Fraudulent Use of Credit Card or Debit Card > $5,000 < $25,000 4 (b)(2) in Six-month Period D Fraudulent Use of Credit Card or Debit Card > $1,000 =< $5,

12 (b)(3) in Six-month Period D Criminal Impersonation I C Possession of Forgery Device D Obtaining Signature by Deception D Defrauding Judgment Creditors C Using Slugs - Over $ D Criminal Simulation D Fraudulently Filing a Uniform Commercial Code Financial 1 Statement (Subsequent Offense) (Offense date - July 31, 2009 and thereafter) D Filing Instruments Affecting Title or Interest in Real Property 2 (a) & (b)(1)(b) (Second or Subsequent Offense)(Offense date - March 4, 2011 and thereafter) C Filing Instruments Affecting Title or Interest in Real Property - 2 (a) & (b)(2) Official Duties (Offense date - March 4, 2011 and thereafter) B Financial Identity Fraud if Victim is Elderly or Disabled 5 (Offense date - July 31, 2007 and thereafter) C Financial Identity Fraud D Financial Identity Fraud 3 (Offense date - July 30, August 11, 2005) C Nonfinancial Identity Fraud if Victim is Elderly or Disabled 4 (Offense date - July 31, 2007 and thereafter) D Nonfinancial Identity Fraud 3 (Offense date - July 31, 2007 and thereafter) B Hot Check/Personal Services(> $2,500) C Hot Check/Personal Services(>$200-<$2,500) B Arkansas Hot Check Law Penalties - Value Any One Instrument 6 (b)(1)(a) => $25,000 (Offense date - July 27, 2001 and thereafter) B Arkansas Hot Check Law Penalties - One or More Instrument 6 (b)(1)(b) within Ninety Days, each < $25,000 and Total => $25, C Arkansas Hot Check Law Penalties - Value Any One Instrument 4 (b)(2)(a) >$5,000 < $25,000 (Offense date - July 27,2011 and thereafter) C Arkansas Hot Check Law Penalties - One or More Instrument 4 (b)(2)(b) within Ninety Days, each >$5,000 < $25,000 and Total >$5,000 < $25, D Arkansas Hot Check Law Penalties - Value Any One Instrument 2 (b)(3)(a) >$1,000 =< $5, D Arkansas Hot Check Law Penalties - One or More Instrument 2 (b)(3)(b) within NinetyDays, each > $1,000 =< $5,000 and Total > $1,000 =< $5,000 12

13 D Manu/sale of De-scrambling Devices B Marking/Altering Brand of Animal C Marking/Altering Brand of Animal D Marking/Altering Brand of Animal U False Registration - Pedigree Animal 1 (Offense date - Prior to August 12, 2005) D Unauthorized Copying or Sale of Recordings 1 (e)(2) D Fraud in Acquire/Auth to Provide MV Trans D Defrauding Material Man >$5, D Threatening to Cause a Catastrophe 2 # Y Causing a Catastrophe 9 (Offense date - Prior to July 16, 2003) # Y Causing a Catastrophe C Criminal Mischief I D Criminal Mischief I - Damage >$1,000, =< $5,000 2 (b)(2) C Criminal Mischief I - Damage > $5,000 < $25,000 4 (b)(3) B Criminal Mischief I - Damage => $25,000 6 (b)(4) D Criminal Mischief II D Criminal Mischief II - Damage => $5,000 3 (b)(2) * C Impairing Operation of Vital Public Facility 4 * D Damaging Wires and Other Fixtures of Telephone, Cable 3 And Electric Power Companies Y Arson (> $100,000 Damage) 8 (Offense date - prior to August 1, 1997) A Arson (>$20,001 -< $100,000 Damage) 7 (Offense date - prior to August 1, 1997) B Arson (< $20,000 Damage) 5 (Offense date - prior to August 1, 1997) Y Arson (>$100,000 Damage) A Arson (>$15,000 < $100,000 Damage) B Arson (>$5,000 < $15,000 Damage) 5 * C Arson ($2,500 < $5,000 Damage) 4 13

14 * D Arson ($500 < $2,500 Damage) 3 * D Reckless Burning 2 * C Setting Fire with Intent to Let Escape 2 * U Setting Fire with Intent to Let Escape 2 (Offense date - Prior to August 12, 2005) * B Burglary - Residential C Burglary - Commercial D Breaking or Entering Y Aggravated Residential Burglary 8 (Offense date - July 31, 2007 and thereafter) D Mining in a Cemetery 1 (Offense date - August 12, 2005) U Mining in a Cemetery 1 (Offense date - Prior to August 12, 2005) C Destroying or Taking Cemetery Marker 3 (Offense date - July 31, 2007 and thereafter) D Destroying or Taking Cemetery Marker 2 (Offense date - August 1, 1997 and prior to July 31, 2007) D Computer Fraud D Computer Trespass (>$,2500 Damage) C Unlawful Acts Regarding Computers - Damage > $ C Unlawful Interference with Access to Computers D Unlawful Use of Encryption D Unlawful Acts Involving Electronic Mail D Computer Password Disclosure C Criminal Use/Laundering Proceeds A Treason 6 * C Subversive Activities 4 * U Subversive Activities 4 (Offense date - Prior to August 12, 2005) D Usurping Office B Usurping Government D Intentional Injury to Interfere With Government Property U Intentional Injury to Interfere With Government Property 2 (Offense date - Prior to August 12, 2005) 14

15 D Intentional Defective Workmanship U Intentional Defective Workmanship 2 (Offense date - Prior to August 12, 2005) U Communist Party Organization 1 (Repealed - March 27, 2003) D Failure to Register Communist Party 1 Member/Organization -Overthrow Govt (Repealed - March 27, 2003) D Abuse of Public Trust 3 (a) & (c) D Public Servant Bribery 3 (Repealed - August 12, 2005) C Perjury C Witness Bribery 4 * C Intimidating a Witness D Tampering With Physical Evidence 4 * D Retaliation against Certain Informants D Juror Bribery 4 * C Intimidating a Juror D Jury Tampering D Approaching Jury Commissioner 2 * D Violation of an Order of Protection 3 (Offense date - March 10, 2009 and thereafter) B Threatening a Judicial Official or Juror C Threatening a Judicial Official or Juror C Interfering with Law Enforcement Officer B Hindering Apprehension or Prosecution 5 * C Hindering Apprehension or Prosecution 4 * D Hindering Apprehension or Prosecution D Aiding Consummation of Offense B Compounding C Compounding D Compounding A Escape I C Escape I B Escape II 6 * D Escape II 2 * C Escape III C Permitting Escape I C Aiding Unauthorized Departure B Assisting in or Furnishing Deadly Weapon for Escape 6 15

16 * C Furnishing Implement for Escape 4 (Offense date -prior to July 31, 2009) * C Furnishing Implement for Escape 4 * D Furnishing Implement for Escape 3 (Offense date - prior to July 31, 2009) * C Furnishing Implement for Unauthorized Departure A Using Prohibited Articles B Furnishing, Possessing, or Using Prohibited Articles B Furnishing Prohibited Articles 5 * C Furnishing Prohibited Articles C Failure to Appear B Tampering With/Breaking into Court Records 6 Offense date - July 30, 1999 and thereafter) C Tampering With Court Records D Tampering w/public Record - Wrongdoing D Filing False Report of Crime C Fleeing, in Car, with Serious Injury D Fleeing, with Serious Injury D Fleeing in Vehicle Causing Danger 3 (Offense date - July 28, 1995 and thereafter) D Fleeing 2 (Offense date - prior to July 28, 1995) D Killing Animal Used by Law Enforcement Agency 2 (Offense date - prior to July 31, 2009) D Killing or Injuring Animal Used by Law Enforcement Agency B Officer Failing to Execute Process C Officer Failing to Execute Process 3 * D Officer Failing to Execute Process D Absconding Y Soliciting Material Support for Terrorism Y Providing Material Support for a terrorist Act A Making a Terrorist Threat B Falsely Making a Terrorist Threat Y Terrorism B Hindering Prosecution of Terrorism 7 16

17 D Hindering Prosecution of Terrorism Y Exposing Public to Toxic Biological, Chemical or Radioactive 10 Substances D Use of a Hoax Substance B Violation of Medicaid Fraud Act C Violation of Medicaid Fraud Act C Illegal Medicaid Participation (Third and Subsequent Offense) D Illegal Medicaid Participation (Second Offense) D Non-Maintenance of Medicaid Records D Traffic in Illegal Food Coupons or Vouchers 2 (Offense date - July 30, 2006 and thereafter) D Illegal Presentation of Food Coupons or Vouchers for Payment 2 (Offense date - July 30, 2006 and thereafter) D Lottery Fraud 2 (b) & (c) (Offense date - March 8, 2011 and thereafter) D Traffic in Illegal Food Coupons D Illegal Use Etc. of Food Coupons D Illegal Use of Food Coupons D Abuse of Corpse C Abuse of Corpse D Communicating False Alarm by Radio 1 (Repealed - August 12, 2005) D Inducing Abortion W/O Medical License D Abortion U Abortion 2 (Offense date - Prior to August 12, 2005) D Performing partial birth abortion 2 (Offense date - August 1, 1997 and prior to February 20, 2009) D Cruelty to Animals C Aggravated Cruelty to a Dog, Cat or Horse (Second or Subsequent 4 Offense) D Aggravated Cruelty to a Dog, Cat or Horse (First Offense D Unlawful Animal Fighting D Dogfighting - (First Offense) 1 (Offense date - prior to July 31, 2009) 17

18 D Bear Exploitation B Possession/Etc. Counterfeit Substance w/intent 6 Schedule I - II C Possession Control/Counterfeit Subst W/O Prescription 3 (Third Offense) D Possession Control/Counterfeit Subst W/O Prescription 2 (Second Offense) B Manufacture, Etc. Controlled Substance 4 Schedule I/II/III <28 gms C Manufacture, Etc. Controlled Substance 3 Schedule IV/V <200 gms. ## Y Manufacture/Delivery/Possession Control 7 Substance; Schedule I/II <28 gms B Manufacture/Etc. Controlled Substance 5 Schedule I/II/III >28 gms <400 gms C Manufacture/Etc. Controlled Substance 4 Schedule IV/V >200 gms <400 gms ## Y Manufacture/Etc. Controlled Substance 7 Schedule I/II >28 gms <200 gms B Manufacture/Etc. Controlled Substance 5 Schedule I/II/III >200 gms <400 gms C Manufacture/Etc. Controlled Substance 4 Schedule IV/V >400 gms ## Y Manufacture/Etc. Controlled Substance 8 Schedule I/II >200 gms <400 gms B Manufacture/Etc. Controlled Substance 6 Schedule I/II/III >400 gms C Possession of Controlled Substance - Schedule I/II 4 ## Y Manufacture/Etc. Controlled Substance 8 Schedule I/II >400 gms B Manufacture/Delivery/Possession Marijuana >10 lbs <100 lbs 5 (Offense date - July 28, 1995 and thereafter) prior to July 27, 2011) C Manufacture/Delivery/Possession Marijuana >10 lbs <100 lbs 4 (Offense date - prior to July 28, 1995) Y Manufacture/Delivery/Possession Marijuana =>500 lbs. 7 (Offense date - July 31, 2007 and thereafter) prior to July 27, 2011) A Manufacture/Delivery/Possession Marijuana >100 lbs<500 lbs 6 (Offense date - October 10, 1994 and prior to July 31, 2007) 18

19 C Manufacture/Delivery/Possession Marijuana >100 lbs 4 (Offense date - prior to October 10, 1994) C Manufacture/Delivery/Possession Marijuana <10 lbs D Possession/Etc. Counterfeit Substance w/intent 2 Unclassified Schedule C Possession/Etc. Counterfeit Substance w/intent Schedule I-V B Failure to Keep Records-Drug Free Zone C Offenses Relating to Records, Maintaining Premises 5 (a) & (b)(1) Refuse Entry B Offenses Relating to Records, Maintaining Premises, Etc - 7 (b)(2) & (c) Drug Free Zone D Failure to Keep Records, Etc. Drugs B Delivery Drug Paraphernalia to Anyone <18 5 ## B Paraphernalia to Manufacture Methamphetamine, Use of 6 (Offense date - April 9, 1999 and thereafter) prior to July 27, 2011) B Fraud - Noncontrolled Substance Rep. As Controlled Substance 5 Schedule I or II (Offense date - July 30, 2006 and thereafter) prior to July 27, 2011) C Fraud - Noncontrolled Substance Rep. As Controlled Substance 4 Schedule I, II, or III (Offense date - July 30, 2006 and thereafter) prior to July 27, 2011) C Fraud - Noncontrolled Substance Rep as Controlled Substance 4 Schedule IV (Offense date - July 30, 2006 and thereafter prior to July 27, 2011) C Fraud - Noncontrolled Substance Rep. as Controlled Substance 4 Schedule V (Offense date July 30, 2006 and thereafter) prior to July 27, 2011) C Advertise to Promote sale of Counterfeit Substances or 4 Objects to Use as Drug Paraphernalia (Offense date - July 30, 2006 and thereafter) prior to July 27, 2011) C Delivery/Possession/Manufacture, Etc. Drugs D Non-controlled Substance Rep as Class Controlled Substance D Controlled Substances - Fraudulent Practices 3 (a)(1) - (a)(4) & (b)(1) C Controlled Substances - Fraudulent Practices 4 (a)(5)(a) & (b)(2)(a) D Controlled Substances - Fraudulent Practices 4 (a)(5)(a) & (b)(2)(b) 19

20 C Communication Facility, Illegal Use of 3 (Offense date - July 30, 2006 and thereafter) Y Continuing Criminal Enterprise 9 (Offense date - July 30, 2006 and thereafter) Y Distribution of Controlled Substance to a Minor Y Continuing Criminal Enterprise D Drug Precursors C Communication Facility, Illegal Use of D Possession of Controlled Substance - Schedule I or II 3 (b)(1)(a) Methamphetamine or Cocaine <2 g C Possession of Controlled Substance - Schedule I or II 4 (b)(1)(b) Methamphetamine or Cocaine =>2 g. <10 g B Possession of Controlled Substance - Schedule I or II 5 (b)(1)(c) Methamphetamine or Cocaine =>10 g. <200 g D Possession of Controlled Substance - Schedule I or II not 3 (b)(2)(a) Methamphetamine or Cocaine <2 g C Possession of Controlled Substance - Schedule I or II not 4 (b)(2)(b) Methamphetamine or Cocaine =>2 g. <28 g B Possession of Controlled Substance - Schedule I or II not 5 (b)(2)(c) Methamphetamine or Cocaine =>28 g. <200 g D Possession of Controlled Substance - Schedule III - =>2 g. <28 g. 3 (b)(3)(b) C Possession of Controlled Substance - Schedule III 4 (b)(3)(c) =>28 g. <200 g B Possession of controlled substance - Schedule III 5 (b)(3)(d) =>200 g. <400 g D Possession of Controlled Substance - Schedule IV or V 3 (b)(4)(b) =>28 g. <200 g C Possession of Controlled Substance - Schedule IV or V 4 (b)(4)(c) =>200 g. <400 g B Possession of Controlled Substance - Schedule IV or V 5 (b)(4)(d) =>400 g. <800 g D Possession of Controlled Substance - Schedule VI 3 (b)(5)(ii) =>1 oz. <4 oz. and two previous convictions D Possession of Controlled Substance - Schedule VI 3 (b)(5)(iii) =>4 oz. <10 lbs C Possession of Controlled Substance - Schedule VI 5 (b)(5)(iv) =>10 lbs. <25 lbs. 20

21 B Possession of Controlled Substance - Schedule VI 6 (b)(5)(v) =>25 lbs. <100 lbs A Possession of Controlled Substance - Schedule VI 7 (b)(5)(vi) =>100 lbs. <500 lbs C Possession of Methamphetamine or Cocaine with Purpose 6 (b)(1) to Deliver, <2 g B Possession of Methamphetamine or Cocaine with Purpose 6 (b)(2) to Deliver, =>2 g. <10 g A Possession of Methamphetamine or Cocaine with Purpose 7 (b)(3) to Deliver, =>10 g. <200g C Delivery of Methamphetamine or Cocaine, <2g. 6 (b)(1) B Delivery of Methamphetamine or Cocaine, =>2 g. <10 g. 7 (b)(2) Y Delivery of Methamphetamine or Cocaine, =>10 g. <200 g. 7 (b)(3) C Manufacture of Methamphetamine, <2 g. 6 (a)(2)(a) Y Manufacture of Methamphetamine, =>2 g. 7 (a)(2)(b)(i) A Manufacture of Methamphetamine, Personal Use, =>2 g. 7 (a)(2)(b)(ii) Y Manufacture of Methamphetamine (1 or More Prior Convictions 8 (a)(3) in any Amount) C Manufacture of Cocaine < 2 g. 6 (b)(2)(a) B Manufacture of Cocaine =>2 g. <10 g. 7 (b)(2)(b) Y Manufacture of Cocaine =>10 g. <200 g. 7 (b)(2)(c) C Possession of Schedule I or II Controlled Substance not 4 (b)(1) Methamphetamine/Cocaine with Purpose to Deliver < 2 g B Possession of Schedule I or II Controlled Substance not 5 (b)(2)(a)-(e) Methamphetamine/Cocaine with Purpose to Deliver A Possession of Schedule I or II Controlled Substance not 6 (b)(3)(a)-(e) Methamphetamine/Cocaine with Purpose to Deliver C Delivery of Schedule I or II Controlled Substance not 4 (c)(1) Methamphetamine/Cocaine <2 g. (Offense date - July 27, 2011 and thereafter) B Delivery of Schedule I or II Controlled Substance not 5 (c)(2)(a)-(e) Methamphetamine/Cocaine (Offense date - July 27, 2011 and thereafter) 21

22 A Delivery of Schedule I or II Controlled Substance not 6 (c)(3)(a)-(e) Methamphetamine/Cocaine (Offense date - July 27, 2011 and thereafter) C Manufacture of Schedule I or II Controlled Substance not 4 (c)(1) Methamphetamine/Cocaine < 2 g B Manufacture of Schedule I or II Controlled Substance not 5 (c)(2)(a)-(e) Methamphetamine/Cocaine (Offense date - July 27, 2011 and thereafter) A Manufacture of Schedule I or II Controlled Substance not 6 (c)(3)(a)-(e) Methamphetamine/Cocaine (Offense date - July 27, 2011 and thereafter) C Possession of Schedule III Controlled Substance with Purpose 4 (b)(1)(a)-(c) to Deliver B Possession of Schedule III Controlled Substance with Purpose 5 (b)(2)(a)-(c) to Deliver (Offense date - July 27, 2011 and thereafter A Possession of Schedule III Controlled Substance with Purpose 6 (b)(3)(a)-(c) to Deliver (Offense date - July 27, 2011 and thereafter C Delivery of Schedule III Controlled Substance <28 g. 4 (b)(1) B Delivery of Schedule III Controlled Substance =>28 g. < 200 g. 5 (b)(2) A Delivery of Schedule III Controlled Substance =>200 g. < 400 g. 6 (b)(3) C Manufacture of Schedule III Controlled Substance < 28 g. 4 (b)(1) B Manufacture of Schedule III Controlled Substance =>28 g. <200 g. (b)(2) A Manufacture of Schedule III Controlled Substance => 200 g. 6 (b)(3) D Possession of Schedule IV or V Controlled Substance w/purpose 3 (b)(1)(a)-(c) to Deliver C Possession of Schedule IV or V Controlled Substance w/purpose 4 (b)(2)(a)-(c) to Deliver B Possession of Schedule IV or V Controlled Substance w/purpose 5 (b)(3)(a)-(c) to Deliver D Delivery of Schedule IV or V Controlled Substance < 200 g. 3 (b)(1) C Delivery of Schedule IV or V Controlled Substance 4 (b)(2) =>200 g. <400 g B Delivery of Schedule IV or V Controlled Substance 5 (b))(3) =>400 g. <800 g D Manufacture of Schedule IV or V Controlled Substance <200 g. 3 (b)(1) C Manufacture of Schedule IV or V Controlled Substance 4 22

23 (b)(2) =>200 g. <400 g B Manufacture of Schedule IV or V Controlled Substance => 400 g. 5 (b)(3) D Possession of Schedule VI Controlled Substance with Purpose 3 (b)(2) to Deliver > 14 g. < 4 oz. (Offense date - July 27, 2011 and thereafter) C Possession of Schedule VI Controlled Substance with Purpose 4 (b)(3) to Deliver => 4 oz. < 25 lbs. (Offense date - July 27, 2011 and thereafter) B Possession of Schedule VI Controlled Substance with Purpose 5 (b)(4) to Deliver =>25 lbs < 100 lbs A Possession of Schedule VI Controlled Substance with Purpose 7 (b)(5) to Deliver => 100 lbs < 500 lbs D Delivery of Schedule VI Controlled Substance > 14 g. < 4 oz. 3 (b)(2) C Delivery of Schedule VI Controlled Substance => 4 oz. < 25 lbs. 4 (b)(3) B Delivery of Schedule VI Controlled Substance 5 (b)(4) => 25 lbs < 100 lbs A Delivery of Schedule VI Controlled Substance 7 (b)(5) => 100 lbs < 500 lbs D Manufacture of Schedule VI Controlled Substance >14 g. < 4 oz. 3 (b)(2) C Manufacture of Schedule VI Controlled Substance 4 (b)(3) => 4 oz. < 25 lbs B Manufacture of Schedule VI Controlled Substance 5 (b)(4) => 25 lbs. < 100 lbs A Manufacture of Schedule VI Controlled Substance => 100 lbs. 7 (b)(5) Y Trafficking a Controlled Substance 8 (b) & (c) D Possession of Counterfeit Substance without Prescription 3 (b)(1) Schedule I or II D Possession of Counterfeit Substance without Prescription 3 (b)(3) rd 3 or Subsequent Offense (Offense date - July 27, 2011 and thereafter) C Delivery or Manufacture of Counterfeit Substance, Schedule I or II 3 (b)(1) D Delivery or Manufacture of Counterfeit Substance, Schedule III 3 (b)(2) D Possession of Drug Paraphernalia to Ingest, Inhale, etc. 3 (a)(2) 23

24 B Use or Possession of Paraphernalia to Manufacture, etc. 6 (b) Methamphetamine or Cocaine D Use or Possession of Paraphernalia to Manufacture, etc. 3 (c) Controlled Substance not Methamphetamine or Cocaine B Drug Paraphernalia - Delivery to a Minor 5 (a) C Advertisement of a Counterfeit Substance or Drug Paraphernalia D Possession of ephedrine, etc with Purpose to Manufacture, 2 (a)(1) & Capable of Producing =<10 g of Methamphetamine (a)(2)(a) B Possession of Ephedrine, etc, with Purpose to Manufacture, 4 (a)(1) & Capable of Producing > 10 g. of Methamphetamine (a)(2)(b) B Possession of Ephedrine, etc., with Purpose to Manufacture 5 (b)(1) & (b)(2) Capable of Producing =>28 g. of Schedule I or II that is a Narcotic Drug or Methamphetamine with Purpose to Manufacture Methamphetamine C Conduct Illegal Drug Paraphernalia Business (Third Offense) D Conduct Illegal Drug Paraphernalia Business (Second Offense) D Possess > 5 grams Ephedrine D Possess w/intent to Manufacture 2 prior to July 27, 2011) D Sell, Distribute, etc. Ephedrine, Pseudoephedrine, etc with Intent 3 To Manufacture C Violation of Sales Limits for Ephedrine (Fourth or Subsequent 4 Offense) D Violation of Sales Limits for Ephedrine (Third Offense) C Violation of Purchase or Acquisition Limits of Ephedrine (Fourth 4 or Subsequent Offense) (Offense date July 31, 2009 and thereafter) D Violation of Purchase or Acquisition Limits of Ephedrine (Third 3 Offense) B Possession of Anhydrous Ammonia in Unlawful Containers U DWI, Violation of Omnibus Act (Fourth Offense) U DWI, Violation of Omnibus Act (Fifth Offense) 4 (Offense date - July 30, 2006 and thereafter) D Keeping a Gambling House 2 (Offense date - July 31, 2007 and thereafter) U Keeping a Gambling House 1 (Offense date - prior to July 31, 2007) 24

25 D Bribery of a Sports Participant D Unlawful Wagering on Horse Racing D Promotion or Operation of Lottery D Sale or Possession of Obscene Film U Sale or Possession of Obscene Film 2 (Offense date - Prior to August 12, 2005) D Promoting Obscene Materials D Promoting Obscene Performance C Obscene Performance at Live Public Show D Public Display of Hardcore Sex Conduct D Sale/Distribution of Obscene Material U Sale/Distribution of Obscene Material 2 (Offense date - Prior to August 12, 2005) D Promoting Prostitution First Degree D Aggravated Riot D Inciting Riot B Arming Rioter C Communicating False Alarm if Physical Injury Results D Communicating False Alarm if Damage to Property Results D Communicating False Alarm 2 * D Communicating False Alarm if no Damage or Physical Injury 2 Results, Second or Subq. Offense * D Communicating False Alarm to an Educational Institution D Threatening A Fire Bombing B Defacing Objects of Public Respect, Damage >$2,500 and 4 Object is a Cemetery or Burial Monument (Offense date - July 31, 2007 and thereafter) C Defacing Objects of Public Respect Damage >$2, C Defacing Objects of Public Respect, Damage >$500 <=$2,500 3 and Object is a Cemetery or Burial Monument (Offense date - July 31, 2007 and thereafter) D Defacing Objects of Public Respect, Damage $500 or less and 2 Object is a Cemetery or Burial Monument (Offense date - July 31, 2007 and thereafter) D Defacing Objects of Public Respect Damage >$500 <$2, B Stalking First Degree C Stalking Second Degree C Promoting Civil Disorder - First Degree D Injuring Levee 2 25

26 U Injuring Levee 2 (Offense date - Prior to August 12, 2005) U Making Cut-offs on the River 1 (Repealed - August 12, 2005) B Possession Firearm by Certain Persons 5 (Prior crime violent or present use to commit crime. Offense date - July 28, 1995 and thereafter) (c)B Possession Firearm by Certain Persons 5 (Offense date - August 31, 2001 and thereafter) B Possession Firearm by Certain Persons 3 (Offense date - October 10, July 28, 1995, no Class D during this period) D Possession Firearm by Certain Persons 2 (Offense date - prior to October 10, 1994, no class B during this period) D Possession Firearm by Certain Persons 2 (Prior crime non-violent and present use mere possession) (Offense date - July 28, 1995, and thereafter) B Criminal Use of Prohibited Weapons D Criminal Use of Prohibited Weapons D Defacing a Firearm D Possession of Defaced Firearm, Serial Number Irretrievable 2 (Offense date - July 28, 1995 and thereafter) B Criminal in Possession of Explosives Material or Destructive 5 Device (Offense date - Prior to August 12, 2005) B Criminal Possession of Explosive Material or Destructive Device B Theft of Explosive Material w/intent to Cause Harm C Criminal Distribution of Explosive Material C Possession of Stolen Explosive Material C Unlawful Receipt or Possession of Explosive Material (b)B Furnishing Illegal Weapon to Minor (b)B Furnishing Illegal Weapon to Minor 4 (Offense date - October 10, August 11, 2005) * D Possession of Handgun on Public School Property or Bus 3 (Offense date - prior to July 30, 1999) * D Possession of Firearm on Public School Property or Bus 4 * D Possession of Handgun by Juvenile Delinquent 2 (Offense date - October 10, 1994 and thereafter) 26

27 * D Possessing Handgun in a Courtroom D Booby Trap Unlawful to Install/Maintain B Furnishing Deadly Weapon to Felon 5 (Offense date - October 10, 1994 and thereafter) D Possession of Weapon by Incarcerated Person 3 (Offense date - July 28, 1995 and thereafter) B Sale, Rental or Transfer of Firearm to Prohibited Person 5 (Sup pp. 75) B Furnishing a Taser Stun Gun to a Person < U Violation of Uniform Machine Gun Act A Perpetrating Crime with Machine Gun U Perpetrating Crime with Machine Gun 8 (Offense date - Prior to August 12, 2005) Y Engaging in Continuing Gang Org. or Enterprise 8 (First Degree) A Engaging in Continuing Gang Org. or Enterprise 7 (First Degree) B Engaging in Continuing Gang Org. or Enterprise 6 (First Degree) Y Engaging in Continuing Gang Org. or Enterprise 7 (Second Degree) A Engaging in Continuing Gang Org. or Enterprise 6 (Second Degree) B Engaging in Continuing Gang Org. or Enterprise 5 (Second Degree) C Engaging in Continuing Gang Org. or Enterprise 4 (Second Degree) B Unauthorized Use Property to Facilitate Crime Y Simultaneous Possession of Drugs and Firearms Y Discharge of a Firearm From Car (First Degree) B Discharge of a Firearm From Car (Second Degree) Y Violent Group Activity, Enhanced A Violent Group Activity, Enhanced B Violent Group Activity, Enhanced C Violent Group Activity, Enhanced D Violent Group Activity, Enhanced B Soliciting a Minor to Join a Gang (Second Offense) 6 (Offense date - October 10, 1994 and thereafter) C Soliciting a Minor to Join a Gang (First Offense) 4 (Offense date - October 10, 1994 and thereafter) * D Aircraft DWI Second Offense W/I 1 Year 2 * D Aircraft DWI, Flight Crew 3 27

28 * D Illegal Purchase or Sale of Blue Lights C Fraudulent Use of Funds by School District Treasurer or 3 School Board Member (Offense date - July 30, 2006 and thereafter) D Election felonies D Preventing a Person From Voting U False Statements on Voting Affidavits D Election felonies D Person With Record Signing Political Pledge U Violate Political Practices Act D False Info on Petition Verification U Violate Law Regulating Pollution Control Commission U Release of Hazardous Waste with Danger 6 Of Death/Serious Bodily Injury U Release of Hazardous Waste U Hazardous Waste\Violation of Provisions U Leave/Remove Self After Violate HWM Act C Accepting Compensation for Adoption D Workers Compensation Fraud (Employee Misrepresentation) D Workers Compensation Fraud (Employer Misrepresentation) C Knowingly Evading Payment of Unemployment Insurance Tax U Rept/Willful Release Unauthorized Person D Release or Disclosure to Unauthorized Person 1 (a) & (b) D False Allegation of Child Abuse (Second offense) 3 (Offense date - August 1, 1997 and prior to July 31, 2009) D False Allegation Under Adult and Long-term Care Facility 2 Resident Maltreatment Act (Subsequent Offense) C Sex Offender Failing to Register 3 (Offense date - April 7, 2006 and thereafter) D Sex Offender Failing to Register 2 (Offense date - August 1, April 6, 2006) C Sex Offender Failure or Refusal to Provide Information 3 (Offense date - April 7, 2006 and thereafter) C Failing to Register Sex Offender Name Change 3 (Offense date - April 7, 2006 and thereafter) 28

29 D Failing to Register Sex Offender Name Change 2 (Offense date - August 13, April 6, 2006) C Sex Offender Not Reporting for Electronic Monitoring 3 (Offense date - April 7, 2006 and thereafter) C Altering, Tampering, Damaging or Destroying Electronic Equip. 4 Worn by Sex Offender (Offense date - April 7, 2006 and thereafter) D Sex Offender Filing False Certificate of Indigency 2 (Offense date - April 7, 2006 and thereafter) D Unauthorized Releasing or Disclosure of Criminal Database Info D Unauthorized Release or Disclosure of Criminal Database Info 1 (b) & (c) D Unauthorized Use of Criminal History 1 * D Refusal to Provide DNA Sample D Prohibited Disclosure of DNA Information D Disclosure of DNA Information for Pecuniary Gain D False Reporting of Adult Abuse (Subsequent Offense) D Making a False Report Under the Child Maltreatment Act 3 (Second and Subsequent Offense) (Offense date - July 31, 2009 and thereafter) C Disturbing State Archeological Landmarks (Subsequent 3 Offense >$1,000) (Offense date - July 31, 2007 and thereafter) D Disturbing State Archeological Landmarks >$1,000 2 (Offense date - July 31, 2007 and thereafter) C Digging Up or Removing Artifacts w/o Permission (Subsequent 3 Offense >$1,000) (Offense date - July 31, 2007 and thereafter) D Digging Up or Removing Artifacts without Permission >$1,000 2 (Offense date - July 31, 2007 and thereafter) C Vandalizing an Archeological Site and Artifacts (Subsequent 3 Offense >$1,000) (Offense date - July 31, 2007 and thereafter) D Vandalizing an Archeological Site and Artifacts >$1,000 2 (Offense date - July 31, 2007 and thereafter) D Trading or Collecting Skeletal Remains C Trading or Collecting Skeletal Remains (Second Offense) C Display of Skeletal Remains D Desecration of Burial Grounds C Desecration of Burial Grounds (Second Offense) 4 29

30 D Timber Theft U Killing Fish w/intoxicant Stup Substance D Unauthorized Practice of Law (Second Offense) D Violation of Bail Bond Agent Law 2 * D Using First Offender Program a Second Time 2 (Offense date - July 30, 2006 and thereafter) D Appraisal Management Companies - Injunctive Relief 1 (Offense date - January 1, 2010 and thereafter) D Unlicenced Athletic Agent D Athlete Agents - Prohibited Conduct 1 (a) U Precious Metals Violate Buyers Act D Practicing Counseling Without a License D Professional Engineers and Professional Surveyors Licensure 1 Violations - Penalties (Second or Subsequent Offenses) D Violation of Private Investigator Law (Second Offense) D Acting as Real Estate Broker Without a License 2 (Offense date - July 30, 2006 and thereafter) U Failure to Discharge Lien D Violation of Unused Property Act (Third Offense) D Prescription Drug Monitoring Program Act Unlawful Acts 2 (b)(1) & (b)(2) and Penalties C Prescription Drug Monitoring Program Act Unlawful Acts 3 (c)(1) & (c)(2) and Penalties C Prescription Drug Monitoring Program Act Unlawful Acts 3 (d)(1) & (d)(2) and Penalties (Offense date - July 27, 2011 and thereafter C Prescription Drug Monitoring Program Act Unlawful Acts 3 (e)(1) & (e)(2) and Penalties (Offense date - July 27, 2011 and thereafter * C Human Cloning D Partial-Birth Abortion 3 (Offense date - February 20, 2009 and thereafter) U Cemeteries - Violations, Criminal Penalties 1 (a)(1) & (b) (Offense date - July 18, 2011 and thereafter) U Failure to Inspect Boilers 1 30

31 D Unlawful to Perform Body Art on Person <18 in Unlicensed 2 Facility U Disposal of Commercial Medical Waste 1 (a) (Offense date - July 18, 2011 and thereafter) U Failure to Label Narcotic U Sale/Disp Adulterated/Uninspected Meat U Fraud/Deceit Procure Narcotic U Fraud Obtaining Depressant or Stimulant Drug (First Offense) 2 (Offense date - July 30, 2006 and thereafter) U Fraud Obtaining Depressant or stimulant Drug (Second Offense) 3 (Offense date - July 30, 2006 and thereafter) U Fraud Obtaining Depressant or Stimulant Drug (Third or 4 Subsequent Offense) (Offense date - July 30, 2006 and thereafter) D Violation of Act Regulating State Employment D Misleading Conduct or Use of Words Credit Union 2 (Offense date - July 20, 2006 and thereafter) U Spread False Report About Credit Union D Suppressing Evidence/Building and Loan Associations 2 (Offense date - July 30, 2006 and thereafter) B False Security Statement B Violate Mortgage Loan Co/Loan Broker Act D Failure to Deposit Funeral Trust Funds B Securities Fraud D Securities Fraud D False or Misleading Statements/Arkansas Insurance Code 2 (Offense date - July 30, 206 and thereafter) D Unauthorized Insurance Transactions D Fraudulent Insurance Acts C Fraudulent Insurance Acts (Subsequent Offense) D Removal of Insurance Records U Removal of Insurance Records 2 (Offense date - July 30, 1999 and prior to August 12, 2005) D Violation of Burial Association Law D Lottery Ticket Fraud 2 (Offense date - March 25, 2009 and thereafter) prior to March 8, 2011) 31

32 D Fraudulently Influencing Lottery Winning 2 (Offense date - March 25, 2009 and thereafter) prior to March 8, 2011) D False Statement on Lottery License Application 2 (Offense date - March 25, 2009 and thereafter) prior to March 8, 2011) C Attempt to Evade or Defeat Tax - Taxpayer 2 (a) (Offense date - July 18, 2011 and thereafter) C Attempt to Evade or Defeat Tax - Assisting Taxpayer 2 (b) (Offense date - July 18, 2011 and thereafter) U Failure to Pay or File Tax Return D Submitting Fraudulent Claim for Funds From Sale of Tax 2 Delinquent Lands D Unlawful Counterfeiting of Cigarette Stamps D Unlawful Reuse of Containers 2 (Offense date - July 30, 2006 and thereafter) C Unstamped Products or Products with Unpaid Taxes 2 (a)(1) C Cigarette Inputs - Cigarette Rolling Machines 2 (b)(1) & (b)(3)(a) U False Evidence Title or Registration D Buying or Selling Vehicle W/O Manf. Serial Number 2 Second or Subq. Offense C Altering, Changing Engine Numbers U Mutilating Serial Numbers, Vehicles D Interfere W/Traffic Control Device D Failure to Stop After Accident With Injury or Death D Duty to Give Info or Render Aid C Fraudulent Use of, Altering Boat Identification Number D Knowingly Buying, Selling, Possessing, etc. Boating Equipment 2 Without Identification Number (Second or Subsequent Offense) D Unlawfully Possessing Boating Equip with Unreadable Boating 2 Identification Number C Operating Aircraft W/O ID Markings 2 32

33 ADDENDUM TO SERIOUSNESS REFERENCE TABLE A.C.A (b)(2)Offender History - provides that the criminal history score based upon prior felony criminal records is to be determined by reference to the seriousness level rankings of the prior offenses. Levels I - V are equal to one-half (.5) point and Levels VI - X are equal to one (1) point. CRIMINAL HISTORY: OUT-OF-STATE CONVICTIONS For the purpose of determining criminal history scores, prior felony convictions from other state jurisdictions shall be ranked at the level of the most comparable offense in this State. The determination of which Arkansas offense is comparable to the out-of-state offense when there is a question of fact or law, shall reside in the sound discretion of the court. CRIMINAL HISTORY: REDEFINED OFFENSES If an offense has been redefined by the Arkansas General Assembly, a prior felony conviction shall be ranked in the same manner as an out-of-state conviction with consideration of any new or removed elements. For example, the prior definition of burglary in Arkansas did not specify the element of the type of occupiable structure, i.e. residential or commercial, sentencing courts should determine when possible whether a prior conviction for burglary involved a residence in which case one criminal history point should be assigned as the prior offense is comparable to residential burglary (Level VI) or involved a commercial structure in which case one-half point should be assigned as the prior offense is comparable to commercial burglary (Level V). OMITTED OFFENSES POLICY If a felony offense has been inadvertently omitted from the seriousness reference table, the trial court shall exercise its discretion by designating a seriousness level which it believes to be appropriate. ENHANCED CLASSIFICATION POLICY If the felony classification of an offense is increased due to a statutory enhancement, the seriousness level shall also be increased by one seriousness level for each felony class increase. For example, if a person is charged with , Possession of a controlled substance, Felony Class D, and the person is an inmate in a state, county, city or juvenile criminal detention facility, the felony class of the offense would increase one level to a Felony Class C. Therefore, the seriousness level would also increase one level. 33