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