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.
