42 Pennsylvania Consolidated Statutes Chapter 97 - Sentencing
Subchapter A. General Provisions
- Section 9701 - Short Title Of Chapter
This chapter shall be known and may be cited as the "Sentencing Code."
- Section 9702 - Definitions
As used in this chapter "court" and "judge" include (when exercising criminal or quasi-criminal jurisdiction pursuant to section 1515 (relating to jurisdiction and venue))...
- Section 9703 - Scope Of Chapter
Except as otherwise specifically provided in this chapter, in all cases the sentence to be imposed shall be determined by the court as authorized...
Subchapter B. Sentencing Authority
- Section 9711 - Sentencing Procedure For Murder Of The First Degree
(a) Procedure in jury trials.-- (1) After a verdict of murder of the first degree is recorded and before the jury is discharged, the...
- Section 9711.1 - Sentencing For Certain Murders Of Infant Persons
(a) Sentence enhancement.--The Pennsylvania Commission on Sentencing, pursuant to section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement...
- Section 9712 - Sentences For Offenses Committed With Firearms
(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any...
- Section 9712.1 - Sentences For Certain Drug Offenses Committed With Firearms
(a) Mandatory sentence.--Any person who is convicted of a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as...
- Section 9713 - Sentences For Offenses Committed On Public Transportation
(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any...
- Section 9714 - Sentences For Second And Subsequent Offenses
(a) Mandatory sentence.-- (1) Any person who is convicted in any court of this Commonwealth of a crime of violence shall, if at the...
- Section 9715 - Life Imprisonment For Homicide
(a) Mandatory life imprisonment.--Notwithstanding the provisions of section 9712 (relating to sentences for offenses committed with firearms), 9713 (relating to sentences for offenses committed...
- Section 9716 - Two Or More Mandatory Minimum Sentences Applicable
Where two or more sections requiring mandatory minimum sentences are applicable, the court shall be bound by that section requiring the greater penalty. (Mar....
- Section 9717 - Sentences For Offenses Against Elderly Persons
(a) Mandatory sentence.--A person under 60 years of age convicted of the following offenses when the victim is over 60 years of age and...
- Section 9718 - Sentences For Offenses Against Infant Persons
(a) Mandatory sentence.-- (1) A person convicted of the following offenses when the victim is less than 16 years of age shall be sentenced...
- Section 9718.1 - Sexual Offender Treatment
(a) General rule.--A person, including an offender designated as a "sexually violent predator" as defined in section 9799.12 (relating to definitions), shall attend and...
- Section 9718.2 - Sentences For Sexual Offenders
(a) Mandatory sentence.-- (1) Any person who is convicted in any court of this Commonwealth of an offense set forth in section 9799.14 (relating...
- Section 9718.3 - Sentence For Failure To Comply With Registration Of Sexual Offenders (Expired)
§ 9718.3. Sentence for failure to comply with registration of sexual offenders (Expired). 2012 Expiration. Section 9718.3 expired December 20, 2012. See Act 111...
- Section 9718.4 - Sentence For Failure To Comply With Registration Of Sexual Offenders
(a) Mandatory sentence.--Mandatory sentencing shall be as follows: (1) Sentencing upon conviction for a first offense shall be as follows: (i) Not less than...
- Section 9719 - Sentences For Offenses Committed While Impersonating A Law Enforcement Officer
(a) Mandatory sentence.--A person convicted of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18...
- Section 9719.1 - Sentences For Offenses Committed Against Law Enforcement Officer
(a) Mandatory sentence.--A person convicted of the following offense shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. § 2702.1(a)...
- Section 9720 - Sentencing For Criminal Mischief
(a) Sentencing.--A person convicted of an offense under 18 Pa.C.S. §§ 3304(a)(4) (relating to criminal mischief) and 3307(a.1) (relating to institutional vandalism), and who...
- Section 9720.1 - Restitution For Identity Theft (Repealed)
§ 9720.1. Restitution for identity theft (Repealed). 2009 Repeal. Section 9720.1 was repealed September 18, 2009, P.L.391, No.42, effective in 60 days.
- Section 9720.2 - Sentencing For Trafficking Of Persons
Notwithstanding any other provision of law, a person who commits a violation of 18 Pa.C.S. § 3011 (relating to trafficking in individuals) or 3012...
- Section 9720.3 - Sentencing For Certain Paroled Offenders
A person unlawfully present in the United States who is convicted in a court of this Commonwealth of an offense committed subsequent to being...
- Section 9720.4 - Sentencing For Offenses Committed In Association With A Criminal Gang
(a) Sentencing enhancement.--In addition to any minimum term of imprisonment authorized or established by law for the offense, the Pennsylvania Commission on Sentencing, in...
- Section 9720.5 - Sentencing For Offenses Involving Sexual Abuse Of Children
The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within...
- Section 9720.6 - Sentencing For Arson Offenses
The Pennsylvania Commission on Sentencing shall provide for a sentencing enhancement for arson offenses if any of the following factors are present: (1) bodily...
Subchapter C. Sentencing Alternatives
- Section 9721 - Sentencing Generally
(a) General rule.--In determining the sentence to be imposed the court shall, except as provided in subsection (a.1), consider and select one or more...
- Section 9722 - Order Of Probation
The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of an order of probation: (1) The...
- Section 9723 - Determination Of Guilt Without Further Penalty
If in the light of all the circumstances, probation would be appropriate under section 9722 (relating to order of probation), but it appears that...
- Section 9724 - Partial Confinement
If in the light of all the circumstances, and when facilities are available, probation would be inappropriate, but it further appears that a sentence...
- Section 9725 - Total Confinement
The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character,...
- Section 9726 - Fine
(a) Fine only.--The court may, as authorized by law, sentence the defendant only to pay a fine, when, having regard to the nature and...
- Section 9727 - Disposition Of Persons Found Guilty But Mentally Ill
(a) Imposition of sentence.--A defendant found guilty but mentally ill or whose plea of guilty but mentally ill is accepted under the provisions of...
- Section 9728 - Collection Of Restitution, Reparation, Fees, Costs, Fines And Penalties
(a) General rule.-- (1) Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county...
- Section 9729 - Intermediate Punishment (Repealed)
§ 9729. Intermediate punishment (Repealed). 2000 Repeal. Section 9729 was repealed June 22, 2000, P.L.345, No.41, effective in 60 days.
- Section 9730 - Payment Of Court Costs, Restitution And Fines
(a) Use of credit cards.--The treasurer of each county may allow the use of credit cards and bank cards in the payment of court...
- Section 9730.1 - Collection Of Court Costs, Restitution And Fines By Private Collection Agency
(a) Generally.--In accordance with section 9730(b)(1) and (2) (relating to payment of court costs, restitution and fines), an issuing authority may refer the collection...
Subchapter D. Informational Basis of Sentence
Subchapter E. Imposition of Sentence
Subchapter F. Further Judicial Action
Subchapter G. Appellate Review of Sentence
Subchapter H. Registration of Sexual Offenders
- Section 9791 - Legislative Findings And Declaration Of Policy (Expired)
§ 9791. Legislative findings and declaration of policy (Expired). 2012 Expiration. Section 9791 expired December 20, 2012. See Act 111 of 2011.
- Section 9792 - Definitions (Expired)
§ 9792. Definitions (Expired). 2012 Expiration. Section 9792 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004 was...
- Section 9793 - Registration Of Certain Offenders For Ten Years (Deleted By Amendment)
§ 9793. Registration of certain offenders for ten years (Deleted by amendment). 2000 Amendment. Section 9793 was deleted by amendment May 10, 2000, P.L.74,...
- Section 9794 - Designation Of Sexually Violent Predators (Deleted By Amendment)
§ 9794. Designation of sexually violent predators (Deleted by amendment). 2000 Amendment. Section 9794 was deleted by amendment May 10, 2000, P.L.74, No.18, effective...
- Section 9795 - Registration Of Offenders (Deleted By Amendment)
§ 9795. Registration of offenders (Deleted by amendment). 2000 Amendment. Section 9795 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60
- Section 9795.1 - Registration (Expired)
§ 9795.1. Registration (Expired). 2012 Expiration. Section 9795.1 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004 was...
- Section 9795.2 - Registration Procedures And Applicability (Expired)
§ 9795.2. Registration procedures and applicability (Expired). 2012 Expiration. Section 9795.2 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152...
- Section 9795.3 - Sentencing Court Information (Expired)
§ 9795.3. Sentencing court information (Expired). 2012 Expiration. Section 9795.3 expired December 20, 2012. See Act 111 of 2011.
- Section 9795.4 - Assessments (Expired)
§ 9795.4. Assessments (Expired). 2012 Expiration. Section 9795.4 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004 was...
- Section 9795.5 - Exemption From Certain Notifications (Expired)
§ 9795.5. Exemption from certain notifications (Expired). 2012 Expiration. Section 9795.5 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152...
- Section 9796 - Verification Of Residence (Expired)
§ 9796. Verification of residence (Expired). 2012 Expiration. Section 9796 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of...
- Section 9797 - Victim Notification (Expired)
§ 9797. Victim notification (Expired). 2012 Expiration. Section 9797 expired December 20, 2012. See Act 111 of 2011.
- Section 9798 - Other Notification (Expired)
§ 9798. Other notification (Expired). 2012 Expiration. Section 9798 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004...
- Section 9798.1 - Information Made Available On The Internet And Electronic Notification (Expired)
§ 9798.1. Information made available on the Internet and electronic notification (Expired). 2012 Expiration. Section 9798.1 expired December 20, 2012. See Act 111 of...
- Section 9798.2 - Administration (Expired)
§ 9798.2. Administration (Expired). 2012 Expiration. Section 9798.2 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004 was...
- Section 9798.3 - Global Positioning System Technology (Expired)
§ 9798.3. Global positioning system technology (Expired). 2012 Expiration. Section 9798.3 expired December 20, 2012. See Act 111 of 2011.
- Section 9799 - Immunity For Good Faith Conduct (Expired)
§ 9799. Immunity for good faith conduct (Expired). 2012 Expiration. Section 9799 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act...
- Section 9799.1 - Duties Of Pennsylvania State Police (Expired)
§ 9799.1. Duties of Pennsylvania State Police (Expired). 2012 Expiration. Section 9799.1 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act...
- Section 9799.2 - Duties Of Pennsylvania Board Of Probation And Parole (Expired)
§ 9799.2. Duties of Pennsylvania Board of Probation and Parole (Expired). 2012 Expiration. Section 9799.2 expired December 20, 2012. See Act 111 of 2011.
- Section 9799.3 - Board (Expired)
§ 9799.3. Board (Expired). 2012 Expiration. Section 9799.3 expired December 20, 2012. See Act 111 of 2011.
- Section 9799.4 - Counseling Of Sexually Violent Predators (Expired)
§ 9799.4. Counseling of sexually violent predators (Expired). 2012 Expiration. Section 9799.4 expired December 20, 2012. See Act 111 of 2011.
- Section 9799.5 - Exemption From Notification (Deleted By Amendment)
§ 9799.5. Exemption from notification (Deleted by amendment). 2000 Amendment. Section 9799.5 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60
- Section 9799.6 - Applicability (Deleted By Amendment)
§ 9799.6. Applicability (Deleted by amendment). 2000 Amendment. Section 9799.6 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
- Section 9799.7 - Exemption From Notification For Certain Licensees And Their Employees (Expired)
§ 9799.7. Exemption from notification for certain licensees and their employees (Expired). 2012 Expiration. Section 9799.7 expired December 20, 2012. See Act 111 of...
- Section 9799.8 - Annual Performance Audit (Expired)
§ 9799.8. Annual performance audit (Expired). 2012 Expiration. Section 9799.8 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of...
- Section 9799.9 - Photographs And Fingerprinting (Expired)
§ 9799.9. Photographs and fingerprinting (Expired). 2012 Expiration. Section 9799.9 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of...
- Section 9799.10 - Purposes Of Subchapter
This subchapter shall be interpreted and construed to effectuate the following purposes: (1) To bring the Commonwealth into substantial compliance with the Adam Walsh...
- Section 9799.11 - Legislative Findings And Declaration Of Policy
(a) Legislative findings.--The General Assembly finds as follows: (1) In 1995 the General Assembly enacted the act of October 24, 1995 (1st Sp.Sess. P.L.1079,...
- Section 9799.12 - Definitions
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly...
- Section 9799.13 - Applicability
The following individuals shall register with the Pennsylvania State Police as provided in sections 9799.15 (relating to period of registration), 9799.19 (relating to initial...
- Section 9799.14 - Sexual Offenses And Tier System
(a) Tier system established.--Sexual offenses shall be classified in a three-tiered system composed of Tier I sexual offenses, Tier II sexual offenses and Tier...
- Section 9799.15 - Period Of Registration
(a) Period of registration.--Subject to subsection (c), an individual specified in section 9799.13 (relating to applicability) shall register with the Pennsylvania State Police as...
- Section 9799.16 - Registry
(a) Establishment.--There is established a Statewide registry of sexual offenders in order to carry out the provisions of this subchapter. The Pennsylvania State Police...
- Section 9799.17 - Termination Of Period Of Registration For Juvenile Offenders
(a) Juvenile offender.--An individual who is a juvenile offender, with the exception of a juvenile offender whose period of registration is determined by section...
- Section 9799.18 - Information Sharing
(a) General rule.--The Pennsylvania State Police shall, within three business days, make available information provided by an individual set forth in section 9799.13 (relating...
- Section 9799.19 - Initial Registration
(a) General rule.--An individual set forth in section 9799.13 (relating to applicability) shall initially register with the Pennsylvania State Police as set forth in...
- Section 9799.20 - Duty To Inform
In order to implement the provisions of section 9799.19 (relating to initial registration), as appropriate, the Pennsylvania State Police, the court having jurisdiction over...
- Section 9799.21 - Penalty
(a) Registration.--An individual set forth in section 9799.13 (relating to applicability) may be subject to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure...
- Section 9799.22 - Enforcement
(a) Failure to comply.--When an individual set forth in section 9799.13 (relating to applicability) fails to comply with section 9799.19 (relating to initial registration),...
- Section 9799.23 - Court Notification And Classification Requirements
(a) Notice to sexual offenders.--At the time of sentencing, of disposition under section 6352 (relating to disposition of delinquent child) in the case of...
- Section 9799.24 - Assessments
(a) Order for assessment.--After conviction but before sentencing, a court shall order an individual convicted of a sexually violent offense to be assessed by...
- Section 9799.25 - Verification By Sexual Offenders And Pennsylvania State Police
(a) Periodic verification.--Except for initial registration as provided in section 9799.19 (relating to initial registration) and in accordance with section 9799.15(a) (relating to period...
- Section 9799.26 - Victim Notification
(a) Duty to inform victim.-- (1) If an offender is determined to be a sexually violent predator or a sexually violent delinquent child, the...
- Section 9799.27 - Other Notification
(a) Notice.--Notwithstanding the provisions of Chapter 63 (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the chief...
- Section 9799.28 - Public Internet Website
(a) Information to be made available through Internet.--The Pennsylvania State Police shall, in the manner and form directed by the Governor: (1) Develop and...
- Section 9799.29 - Administration
The Governor shall direct the Pennsylvania State Police, the Pennsylvania Board of Probation and Parole, the board, the Department of Corrections, the Department of...
- Section 9799.30 - Global Positioning System Technology
The Pennsylvania Board of Probation and Parole and county probation authorities may impose supervision conditions that include tracking through global positioning system technology. (Dec....
- Section 9799.31 - Immunity For Good Faith Conduct
The following entities shall be immune from liability for good faith conduct under this subchapter: (1) Agents and employees of the Pennsylvania State Police...
- Section 9799.32 - Pennsylvania State Police
The Pennsylvania State Police have the following duties: (1) To create and maintain the Statewide registry of sexual offenders in conformity with the provisions...
- Section 9799.33 - Duties Of Probation And Parole Officials
(a) Duties.--The Pennsylvania Board of Probation and Parole, the county office of probation and parole and the chief juvenile probation officer of the court...
- Section 9799.34 - Duties Of Facilities Housing Sexual Offenders
The Department of Corrections, a county correctional facility, an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) and...
- Section 9799.35 - Board
(a) Composition.--The board shall be composed of psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the...
- Section 9799.36 - Counseling Of Sexually Violent Predators
(a) General rule.--A sexually violent predator who is not incarcerated shall be required to attend at least monthly counseling sessions in a program approved...
- Section 9799.37 - Exemption From Notification For Certain Licensees And Their Employees
Nothing in this subchapter shall be construed as imposing a duty upon a person licensed under the act of February 19, 1980 (P.L.15, No.9),...
- Section 9799.38 - Annual Performance Audit
(a) Duties of the Attorney General.--The Attorney General has the following duties: (1) To conduct a performance audit annually to determine compliance with the...
- Section 9799.39 - Photographs And Fingerprinting
An individual subject to registration shall submit to fingerprinting and photographing as required by this subchapter. Fingerprinting as required by this subchapter shall, at...
- Section 9799.40 - Duties Of Pennsylvania Commission On Sentencing
The Pennsylvania Commission on Sentencing shall establish procedures to enable courts to classify sexual offenders as provided in section 9799.23 (relating to court notification...
- Section 9799.41 - Expiration
The following provisions shall expire December 20, 2012: Section 9718.3 (relating to sentence for failure to comply with registration of sexual offenders). Section 9791...
Last modified: October 8, 2016