CHAPTER 80. INCHOATE OFFENSES
Section 86 – Grading of Criminal Attempt, Solicitation, and Conspiracy

(a) Grading. Offenses under Sections 80 (Criminal Attempt), Section 81

(Criminal Solicitation), and Section 82 (Criminal Conspiracy) are offenses of

one grade lower than the offense that is attempted, solicited, or is the objective

of the conspiracy.

(b) Sentencing Factors.

(1) If an offender came very close to completing the offense

attempted or solicited, or to completing the object of the conspiracy,

then the baseline sentence shall be aggravated one level.

(2) If an offender completed:

(A) all of the conduct necessary to complete an offense, or

(B) when acting in concert with others, all the conduct

which it was intended he should complete,

then the baseline offense level shall be aggravated two levels.

CHAPTER 1100. GENERAL ADJUSTMENTS TO BASELINE SENTENCE
ection 1101 – Aggravation for Greater Culpability Level Than Required

by Offense Definition

If the offender satisfies a higher level of culpability than the level

required by the offense for which he is convicted, the baseline sentence shall be

aggravated one level for each higher level of culpability he satisfies, as defined

by Section 24 (Culpability Requirements).

Section 1102 – Aggravation for Special Harms

(a) If an offender commits an offense:

(1) that injures the public interest because it:

(A) causes substantial harm to or impedes the ordinary

function of a public facility, public institution, or public service,

or

(B) substantially diminishes the public trust in or

perceived honesty and transparency of a public facility, public

institution, or public service, or

(C) injures an agent of the government, deprives the

government of property, or damages property of the government;

or

(2) against a person who is particularly vulnerable to the harm

contemplated by the offense definition:(A) because that person is a child, a person over the age of

65, or a person with a mental or physical disability or illness, or a

person to whom the offender owed a special fiduciary duty that

he breached, or

(B) because of any combination of such factors; or

(3) that causes harm to a place, artifact, property or other interest

of historical, religious, environmental, or cultural significance; or

(4) that otherwise causes harm substantially exceeding in degree

or amount the minimum harm required by the offense definition;

(b) then the baseline sentence shall be aggravated one level if one factor

is met and two levels if two factors are met. The baseline sentence shall be

aggravated three levels only in extraordinary cases where the harm

exceptionally exceeds the minimum harm required by the offense definition.

(c) Historical, Religious, Environmental, or Cultural Significance. A

place, artifact, property, or interest is of historical, religious, environmental, or

cultural significance if:

(1) it has particular historical, religious, environmental, or

cultural

importance

(A) of which an ordinary person would be aware, or

(B) of which the offender actually knows; or

(2) such particular importance has been publicly recognized by

the government or an international organization.

Section 1103 – Aggravation for Cruelty

If an offender commits an offense in a manner displaying great cruelty

or gross disregard for human dignity, then the baseline sentence shall be

aggravated one level.

Section 1104 – Aggravation and Mitigation for Prior Criminal History

(a) Aggravation for Prior Criminal Record. If an offender commits an

offense,

(1) having previously been convicted of a felony within the past 6

years, or a misdemeanor within the past 2 years, then the baseline

sentence for the most serious offense shall be aggravated one level; or

(2) having previously been convicted of multiple felonies within

the past 6 years or a violent felony within the past 10 years, then the

baseline sentence for the most serious offense shall be aggravated two

levels; or having previously been convicted of three violent felonies

within the past 5 years, then the baseline sentence for the most serious

offense shall be aggravated three levels.

(b) Aggravation for Similar Offense. If an offender commits an offense,

having previously been convicted of an offense of a nature substantially similar

to the present offense, within the past 2 years, then the baseline sentence for

any and all offenses substantially similar to a prior offense shall be aggravated

one level.

(c) Calculation of Time Intervals. In calculating time intervals for thisSection, the sentencing court shall exclude any period of time during which the

offender was under punishment for another offense.

(d) Mitigation for Aberrant Behavior. If an offender commits an offense

that:

(1) was committed without significant planning and was of

limited

duration, and

(2) represents a dramatic deviation from the normal behavior of

the

offender; and

(3) the offender has otherwise led a law-abiding life;

then the baseline sentence for all offenses with which the offender has been

charged shall be mitigated one or two levels, as the court finds to be just.

(e) Offenses as a Minor. In determining an offender’s criminal record, a

sentencing court shall consider felonies committed by the offender as a minor

of less than 18 years of age, but shall not consider misdemeanors committed

while a minor of less than 18 years of age.

(f) Offenses under the Prior Law. For the purposes of this Section, an

offense committed prior to the enactment of this code should be considered as a

“felony” or a “misdemeanor” according to Section 91 (Unclassified Offenses).

CHAPTER 1100. GENERAL ADJUSTMENTS TO BASELINE SENTENCE
Section 1105 – Aggravation for Refusal to Compensate Victim

(a) Refusal to Compensate. An offender who commits an offense

causing harm to a person or legal entity must compensate the victim for the

harm he has caused. If the offender refuses to compensate the victim in this

fashion or to enter into a legally binding agreement to make such compensation

over time, then the baseline sentence shall be aggravated one or two levels, as

the court determines to be just.

(b) Compensation. Compensation under subsection (a) requires that the

offender make all reasonable efforts within his capacity, financial and

otherwise, to make good any injury he has caused to the victim and to restore

to the victim any benefits of which he has deprived the victim. An offender

unable to make complete compensation must still make reasonable efforts

within his capacity to make as much partial compensation to the victim as he is

capable, either at present or in the future.

(c) Rights of the Victim. The victim may play a role in the

establishment of the terms of compensation, though the victim may not demand

compensation in excess of the harm suffered. If a competent victim accepts an

offer of compensation, the court shall be bound by that agreement. If the

victim and the offender are unable to agree on compensation, the court may

impose terms for compensation.

(d) Compensation Not Punishment. Funds paid in compensation are not

fines for the purpose of Section 93 (Authorized Fines), nor should the

compensation be considered as an alternative punishment under Sections 1005

and 1202.