101 Pa. Code § 15.66 - Offenses and penalties
(a)
Classification of offenses. The act (18 Pa.C.S. §
106(e)) provides that an
offense defined by any statute shall be classified as provided in
18 Pa.C.S. §
106 (relating
to classes of offenses) which provides that:
(1) A crime is a murder of the first degree
or of the second degree if it is so designated or if a person convicted of
criminal homicide may be sentenced to death or life imprisonment.
(2) A crime is a felony of the first degree
if it is murder of the third degree or if it is so designated or if a person
convicted thereof may be sentenced to a term of imprisonment, the maximum of
which is more than ten years.
(3) A
crime is a felony of the second degree if it is so designated or if a person
convicted thereof may be sentenced to a term of imprisonment, the maximum of
which is not more than ten years.
(4) A crime is a felony of the third degree
if it is so designated or if a person convicted thereof may be sentenced to a
term of imprisonment, the maximum of which is not more than 7 years, or if it
is a crime declared to be a felony without specification of degree.
(5) A crime is a misdemeanor of the first
degree if it is so designated or if a person convicted thereof may be sentenced
to a term of imprisonment, the maximum of which is not more than 5
years.
(6) A crime is a misdemeanor
of the second degree if it is so designated or if a person convicted thereof
may be sentenced to a term of imprisonment, the maximum of which is not more
than 2 years, or if it is an offense declared by law to constitute a crime,
without specification of the class thereof, if the maximum sentence does not
make it a felony.
(7) A crime is a
misdemeanor of the third degree if it so designated or if a person convicted
thereof may be sentenced to a term of imprisonment, the maximum of which is not
more than 1 year, or if it is a crime declared to be a misdemeanor, without
specification of degree.
(8) An
offense is a summary offense if it is so designated or if a person convicted
thereof may be sentenced to a term of imprisonment, the maximum of which is not
more than 90 days.
(b)
Penalties for offenses. The act (18 Pa.C.S. §§
1101-1105) provides that
persons convicted of offenses may be sentenced to imprisonment and to pay a
fine not exceeding the following maximum time or amounts (unless a higher or
lower time or amount is specifically prescribed by statute):
| (1) Murder of the first degree | Mandatory death or life imprisonment | ||
| (2) Murder of the second degree. | Mandatory life imprisonment | ||
| (3) Felony of the first degree | 20 years | - | $25,000 |
| (4) Felony of the second degree. | 10 years | - | $25,000 |
| (5) Felony of the third degree. | 7 years | - | $15,000 |
| (6) Misdemeanor of the first degree. | 5 years | - | $10,000 |
| (7) Misdemeanor of the second degree. | 2 years | - | $5,000 |
| (8) Misdemeanor of the third degree. | 1 year | - | $2,000 |
| (9) Summary Offense | 90 days | - | $300 |
(c)
Use. If a violation of a
statute is to constitute an offense or result in a penalty, a section or other
provision should be devoted to setting forth the classification of the offense
and, if necessary, the penalty.
(d)
Form. Except when a minimum or different term of imprisonment
or fine is intended for the particular offense, when defining an offense it is
sufficient merely to classify it without setting forth the sentence of
imprisonment or payment of a fine in the following form:
"A person violating this act is guilty of a misdemeanor of the third degree."
Notes
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