PA Mandatory Sentencing

Pennsylvania has many different mandatory minimum sentences on its books. A mandatory minimum sentence is the minimum that a Judge must impose if you are found guilty of the underlying crime to which it applies. In such a circumstance the Judge has no discretion to consider mitigating factors such as age, remorse, character witnesses, no prior record, etc. A Judge can reject a mandatory minimum sentence that is inherently fair but in practice in Montgomery County and Bucks County that never happens. Mandatory minimum sentences are controlled by the District Attorney. If the District Attorney chooses not to impose the mandatory then it need not be imposed. This frequently occurs where a defendant cooperates with law enforcement or in plea-bargaining.

Please contact Fairlie & Lippy for a free consultation regarding any questions or concerns that you may have about the information posted here pertaining to mandatory minimum sentences. We can be reached at steve@fairlielaw.net or (215) 997-1000. Be aware that statutes are frequently updated and we are more focused on trying cases, practicing law, meeting with clients, etc. than updating the mandatory minimum sentences on this page, so this should only be used as a guideline. There is no substitute for an in-depth consultation with a highly competent Pennsylvania Criminal Defense Attorney.

Pennsylvania’s Mandatory Minimum Sentencing Provisions
As of December 2008 (Please see statute for details and up-to-date listing)

Relevant Title/Section

Description

Mandatory Minimum Sentence

Prosecutorial Notice Requirement

18 Pa. C.S. §1102(a);
18 Pa. C.S. §2502(a);
42 Pa. C.S. §9711

Murder of the first degree.

Death or life imprisonment

No notice required

18 Pa. C.S. §1102(a);
18 Pa. C.S. §2507(a)

Murder of a law enforcement officer of the
first degree

Death or life imprisonment

No notice required

18 Pa. C.S. §1102(a);
18 Pa. C.S. §2604(a)

First degree murder of an unborn child.

Life imprisonment

No notice required

18 Pa. C.S. §1102(b);
18 Pa. C.S. §2502(a);

Murder of the second degree.

Life imprisonment

No notice required

18 Pa. C.S. §1102(b);
18 Pa. C.S. §2507(b)

Murder of a law enforcement officer of the
second degree

Life imprisonment

No notice required

18 Pa. C.S. §1102(b);
18 Pa. C.S. §2604(b)

Second degree murder of an unborn child.

Life imprisonment

No notice required

18 Pa. C.S. §2506;
35 P.S. §780-113(a)(14) or
(30)

Drug delivery resulting in death.

5 years total confinement

No notice required

18 Pa. C.S. §2704

Assault by life prisoner.

Life imprisonment

No notice required

18 Pa. C.S. §2716(b)(1)

Weapons of mass destruction and use
resulted in death of an individual.

Life imprisonment

No notice required

18 Pa. C.S. §3301(a)(2)

Arson endangering persons as murder of
the first degree

Death or life imprisonment

No notice required

18 Pa. C.S. §3301(a)(2)

Arson endangering persons as murder of
the second degree.

Life imprisonment

No notice required

18 Pa. C.S. 5123(a.1)

Controlled substance contraband to
confined person.

2 years total confinement

No notice required

18 Pa. C.S. 6111(h)

Sale or transfer of firearms; subsequent
Violation

5 years imprisonment

Notice required
prior to sentencing
/ Proof required at
sentencing

18 Pa. C.S. §6121

Certain bullets prohibited

5 years imprisonment

No notice required

18 Pa. C.S. §6314(a);
35 P.S. §780-113
(a)(14) or (30)

Sentencing and penalties for trafficking
drugs to minors

1 year total confinement

Notice required
prior to sentencing
/ Proof required at
Sentencing

18 Pa. C.S. §6314(b);
35 P.S. §780-113
(a)(14) or (30)

Sentencing and penalties for trafficking
drugs to minors.
(promoting habitual use or engage in trafficking, 1,000 feet of real property of school, school bus, 500 feet school bus stop)

3 years total confinement

Notice required
prior to sentencing
/ Proof required at
Sentencing

Relevant Title/Section

Description

Mandatory Minimum Sentence

Prosecutorial Notice Requirement

18 Pa. C.S. §6317;
35 P.S. §780-113
(a)(14) or (30)

Drug free school zones

2 years total confinement /
4 year maximum

Notice required
prior to sentencing
/ Proof required at
sentencing

42 Pa. C.S. §9712

Sentences for offenses committed with
firearms.

5 years total confinement

Notice required
prior to sentencing
/ Proof required at
Sentencing

42 Pa. C.S. §9712.1
35 P.S. §780-113(a)(30)

Certain drug offenses committed with
firearms.
5

Life imprisonment

Notice required
prior to sentencing
/ Proof required at
sentencing

42 Pa. C.S. §9713

Two/Three Strikes

Notice required
prior to sentencing
/ Proof required at
Sentencing

2nd conviction for crime of violence

10 years

3rd or subsequent conviction for crime of
violence.

25 years total confinement
or life imprisonment

42 Pa. C.S. §9715

Life Imprisonment for homicide.
(previously convicted of murder or voluntary
manslaughter)

Life imprisonment

Notice required
prior to sentencing
/ Proof required at
Sentencing

42 Pa. C.S. §9716

Two or more mandatory minimum sentences applicable.

Longest mandatory minimum applies

42 Pa. C.S. §9717

Sentences for offenses against elderly persons.

Notice required
prior to sentencing
/ Proof required at
Sentencing

18 Pa. C.S. §2702
(a)(1) & (a)(4)

Aggravated Assault

2 years imprisonment

18 Pa. C.S. §3121

Rape

5 years imprisonment

18 Pa. C.S. §3123

IDSI

5 years imprisonment

18 Pa. C.S. §3922

Theft by deception

1 year imprisonment
(unless court finds
justifiable cause)

Relevant Title/Section

Description

Mandatory Minimum Sentence

Prosecutorial Notice Requirement

42 Pa. C.S. §9718

Sentences for offenses against victims younger than age 16 years

Notice required
prior to sentencing
/ Proof required at
sentencing

18 Pa. C.S. §2702 (a)(1)
& (a)(4)

Aggravated assault

2 years imprisonment

18 Pa. C.S. §3121(a)(1)-(5)

Rape

10 years imprisonment

18 Pa. C.S. §3123

IDSI

10 years imprisonment

18 Pa. C.S. §3125
(a)(1)-(6)

Aggravated indecent assault

5 years imprisonment

42 Pa. C.S. §9718

Sentences for offenses against victims younger than age 13 years

Notice required
prior to sentencing
/ Proof required at
sentencing

18 Pa. C.S. §2702(a)(1)

Aggravated assault

5 years imprisonment

18 Pa. C.S. §3121 (c)
and (d)

Rape

10 years imprisonment

18 Pa. C.S. §3125(a)(7)

Aggravated indecent assault

5 years imprisonment

18 Pa. C.S. §3125(b)
and (a)(1)-(6)

Aggravated indecent assault

10 years imprisonment

42 Pa. C.S. §9718.2

Sentences for sex offenses

Notice required
prior to sentencing
/ Proof required at
sentencing

Current conviction of a Megan’s Law
offense and previously convicted of
Megan’s Law offense or equivalent

25 years confinement /
maximum double
minimum

Current conviction of a Megan’s Law
offense and previously convicted of 2 or
more Megan’s Law offenses or equivalent.

Life imprisonment

42 Pa. C.S. §9718.3

Sentences for failure to comply with registration of sexual offenders.

Notice required
prior to sentencing
/ Proof required at
sentencing

1st offense / subject to 42 §9795.1(a)
violated 18 §4915(a)(1) or (2)
violated 18 §4915(a)(3)

2 years

3 years

1st offense / subject to 42 §9795.1(b)
violated 18 §4915(a)(1) or (2)
violated 18 §4915(a)(3)

3 years

5 years

2nd offense / subject to 42 §9795.1
violated 18 §4915(a)(1) or (2)

5 years

2nd + offense / subject to 42 §9795.1
violated 18 §4915(a)(3)

7 years

42 Pa. C.S. §9719

Sentences for offenses committed while
impersonating a law enforcement officer.

3 years total confinement

Notice required
prior to sentencing
/ Proof required at
sentencing

Relevant Title/Section

Description

Mandatory
Minimum Sentence

Prosecutorial
Notice Requirement

42 Pa. C.S. §9719.1; 18-2702.1

Assault of law enforcement officer in the

first degree (discharging firearm)

20 years imprisonment

No notice required

Relevant Title/Section

Description

Mandatory Minimum Sentence

Prosecutorial Notice Requirement

35 P.S. §780-113(k)

Manufacture of amphetamines,
methamphetamine, or phenylacetone, and
phenyl-2-proponone

2 years total confinement

No notice required

18 Pa.C.S. §7508
35 P.S. §780-113
(a)(14), (30) & (37)

Drug trafficking sentencing and penalties

Notice required prior to
sentencing / Proof required
at sentencing

Marijuana

2 lbs. to < 10 lbs. or
10 to < 21 live plants.

1st conviction: 1 year
subsequent: 2 years

10 lbs. to < 50 lbs. or
21 to 51 live plants

1st conviction: 3 years
subsequent: 4 years

50 lbs. or more or
51 live plants or more.

1st conviction: 5 years
subsequent: 5 years

Heroin

1 gram to < 5 grams

1st conviction: 2 years

subsequent: 3 years

5 grams to < 50 grams

1st conviction: 3 years
subsequent: 5 years

50 grams or more

1st conviction: 5 years
subsequent: 7 years

Narcotics of Schedule I or II

2 grams to < 10 grams

1st conviction: 2 years
subsequent: 3 years

10 grams to < 100

1st conviction: 3 years
subsequent: 5 years

100 grams or more

1st conviction: 5 years
subsequent: 7 years

Cocaine

2 grams to < 10 grams

1st conviction: 1 year
subsequent: 3 years

10 grams < 100 grams

1st conviction: 3 years
subsequent: 5 years

100 grams or more

1st conviction: 4 years
subsequent: 7 years

Methamphetamine / Phencyclidine

5 grams to < 10 grams

1st conviction: 3 years
subsequent: 5 years

10 grams to < 100 grams

1st conviction: 4 years
subsequent: 7 years

100 grams or more

1st conviction: 5 years
subsequent: 8 years

Relevant Title/Section

Description

Mandatory Minimum Sentence

Prosecutorial Notice Requirement

Amphetamine

5 grams or more

1st conviction: 2.5 years
subsequent: 5 years

Methaqualone

50 tablets to < 200 tablets or
25 grams to < 100 grams

1st conviction: 1 year
subsequent: 3 years

200 tablets or more or
> 100 grams

1st conviction: 2.5 years
subsequent: 5 years

MDMA

15 grams to < 30 grams

1st conviction 5 year maximum
subsequent 10 year maximum

30 grams to < 300 grams

1st conviction 10 year maximum
subsequent 20 year
maximum

300 grams or more

1st conviction 15 year maximum
subsequent 30 year
maximum

Pennsylvania’s Vehicle/Boating/DUI-Related Mandatory Minimum Sentencing Provisions
As of December 2008 (Please see statute for details and up-to-date listing)

Relevant Title/Section

Description

Mandatory Minimum Sentence

Prosecutorial Notice Requirement

Vehicle / DUI-Related

75 Pa. C.S. §1543(b)

Driving while operating privilege is
suspended or revoked, DUI-related.

60 days, unless imbibing
1st offense 90 days
2nd offense 6 months
3rd+ offense 2 years

No notice required

75 Pa. C.S. §3735

Homicide by vehicle while DUI.

3 years
Consecutive 3 years for each victim.

No notice required

75 Pa. C.S. §3742

Accidents involving death or personal
injury; leaving scene of accident.
Victim suffers SBI
Victim dies

90 days
1 year imprisonment

No notice required

75 Pa. C.S. §3802

Driving under influence of alcohol or controlled substance.

No notice required

(a)(1) incapable of driving safely or
(a)(2) BAC.08 – <10

1st conviction 6 months probation
2nd conviction 5 days
3rd+ conviction 10 days

(a)(1) incapable of driving safely involving
accident, or
(b) BAC .10 – <.16, or
(e) minor, or
f) commercial/school vehicle

1st conviction 48 hours
2nd conviction 30 days
3rd conviction 90 days
4th+ conviction 1 year

(a)(1) incapable of driving safely involving
refused testing, or
(c) BAC .16 or greater,
(d) controlled substances

1st conviction 72 hours
2nd conviction 90 days
3rd+ conviction 1 year

75 Pa. C.S. §3808

Illegally operating motor vehicle not
equipped with ignition lock.

90 days

No notice required

Relevant Title/Section

Description

Mandatory Minimum Sentence

Prosecutorial Notice Requirement

Watercraft

30 Pa. C.S. §5502

Operating watercraft under influence of alcohol or controlled substance.

No notice required

(a)(1) incapable safe operation

1st offense 6 months prob.
2nd offense 5 days
3rd+ offense 10 days

(a)(1) refuse testing

1st offense 72 hours
2nd offense 90 days
3rd+ offense 1 year

(a)(1) accident

1st offense 48 hours
2nd offense 30 days
3rd offense 90 days
4th+ offense 1 year

a)(2) BAC .08 – < .10

1st offense 6 months prob.
2nd offense 5 days
3rd + offense 10 days

(a.1) BAC .10 – < .16

1st offense 48 hours
2nd offense 30 days
3rd offense 90 days
4th+ offense 1 year

(a.2) BAC .16+

1st offense 72 hours
2nd offense 90 days
3rd+ offense 1 year

(a.3) controlled substance

1st offense 72 hours
2nd offense 90 days
3rd+ offense 1 year

a.4) under 21 years of age

1st offense 48 hours
2nd offense 30 days
3rd offense 90 days
4th+ offense 1 year

30 Pa. C.S. §5502.1

Homicide by watercraft while operating
under the influence.

3 years imprisonment

No notice required

Please contact Fairlie & Lippy for a free consultation regarding any questions or concerns that you may have about the information posted here pertaining to mandatory minimum sentences. We can be reached at steve@fairlielaw.net or (215) 997-1000. Be aware that statutes are frequently updated and we are more focused on trying cases, practicing law, meeting with clients, etc. than updating the mandatory minimum sentences on this page, so this should only be used as a guideline. There is no substitute for an in-depth consultation with a highly competent Pennsylvania Criminal Defense Attorney.