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Sentence for murder and murder of an unborn child - 18 Pa. Cons. Stat. § 1102

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     § 1102.  Sentence for murder and murder of an unborn child.
        (a)  First degree.--
            (1)  A person who has been convicted of a murder of the
        first degree shall be sentenced to death or to a term of life
        imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
        to sentencing procedure for murder of the first degree).
            (2)  The sentence for a person who has been convicted of
        first degree murder of an unborn child shall be the same as
        the sentence for murder of the first degree, except that the
        death penalty shall not be imposed. This paragraph shall not
        affect the determination of an aggravating circumstance under
        42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman.
        (b)  Second degree.--A person who has been convicted of
     murder of the second degree or of second degree murder of an
     unborn child shall be sentenced to a term of life imprisonment.
        (c)  Attempt, solicitation and conspiracy to commit murder or
     murder of an unborn child.--Notwithstanding section 1103(1)
     (relating to sentence of imprisonment for felony), a person who
     has been convicted of attempt, solicitation or conspiracy to
     commit murder or murder of an unborn child where serious bodily
     injury results may be sentenced to a term of imprisonment which
     shall be fixed by the court at not more than 40 years. Where
     serious bodily injury does not result, the person may be
     sentenced to a term of imprisonment which shall be fixed by the
     court at not more than 20 years.
        (d)  Third degree.--Notwithstanding section 1103, a person
     who has been convicted of murder of the third degree or of third
     degree murder of an unborn child shall be sentenced to a term
     which shall be fixed by the court at not more than 40 years.
     (Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st
     Sp.Sess., P.L.964, No.3, eff. 60 days; Mar. 15, 1995, 1st
     Sp.Sess., P.L.970, No.5, eff. 60 days; Oct. 2, 1997, P.L.379,
     No.44, eff. 180 days)

        Cross References.  Section 1102 is referred to in sections
     106, 2604 of this title.

Last modified: November 27, 2007