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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 1102.1 (2026)

 Sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer.

✓ current as of May 2026
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§ 1102.1.  Sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer.

(a)  First degree murder.--A person who has been convicted after June 24, 2012, of a murder of the first degree, first degree murder of an unborn child or murder of a law enforcement officer of the first degree and who was under the age of 18 at the time of the commission of the offense shall be sentenced as follows:

(1)  A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 35 years to life.

(2)  A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 25 years to life.

(b)  Notice.--Reasonable notice to the defendant of the Commonwealth's intention to seek a sentence of life imprisonment without parole under subsection (a) shall be provided after conviction and before sentencing.

(c)  Second degree murder.--A person who has been convicted after June 24, 2012, of a murder of the second degree, second degree murder of an unborn child or murder of a law enforcement officer of the second degree and who was under the age of 18 at the time of the commission of the offense shall be sentenced as follows:

(1)  A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of imprisonment the minimum of which shall be at least 30 years to life.

(2)  A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of imprisonment the minimum of which shall be at least 20 years to life.

(d)  Findings.--In determining whether to impose a sentence of life without parole under subsection (a), the court shall consider and make findings on the record regarding the following:

(1)  The impact of the offense on each victim, including oral and written victim impact statements made or submitted by family members of the victim detailing the physical, psychological and economic effects of the crime on the victim and the victim's family. A victim impact statement may include comment on the sentence of the defendant.

(2)  The impact of the offense on the community.

(3)  The threat to the safety of the public or any individual posed by the defendant.

(4)  The nature and circumstances of the offense committed by the defendant.

(5)  The degree of the defendant's culpability.

(6)  Guidelines for sentencing and resentencing adopted by the Pennsylvania Commission on Sentencing.

(7)  Age-related characteristics of the defendant, including:

(i)  Age.

(ii)  Mental capacity.

(iii)  Maturity.

(iv)  The degree of criminal sophistication exhibited by the defendant.

(v)  The nature and extent of any prior delinquent or criminal history, including the success or failure of any previous attempts by the court to rehabilitate the defendant.

(vi)  Probation or institutional reports.

(vii)  Other relevant factors.

(e)  Minimum sentence.--Nothing under this section shall prevent the sentencing court from imposing a minimum sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing may not supersede the mandatory minimum sentences provided under this section.

(f)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(Oct. 25, 2012, P.L.1655, No.204, eff. imd.)

 

2012 Amendment.  Act 204 added section 1102.1.

Cross References.  Section 1102.1 is referred to in section 1102 of this title; section 6139 of Title 61 (Prisons and Parole).

Notes of Decisions
Cited in 120 cases (39 in the last 5 years), 2012–2026 · leading case: Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013).
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Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013). · cites it 9× “Ultimately, despite his defense of duress, the jury convicted Appellant of first-degree murder, attempted murder, and aggravated assault.”
Commonwealth v. Hicks, 151 A.3d 216 (Pa. Super. Ct. 2016). · cites it 7× “Finally, Appellant claims that the trial court abused its discretion when it resen-tenced him pursuant to 18 Pa.C.S. § 1102.1. Specifically, Appellant avers that his sentence of thirty-five years to life, coupled with two consecutive terms of imprisonment of ten to twenty years…”
Commonwealth v. Lekka, 210 A.3d 343 (Pa. Super. Ct. 2019). · cites it 5× “18 Pa.C.S. § 1102.1(a). Section 1102.1 does not prohibit a sentencing court from imposing a minimum sentence greater than provided in the statute.”
Commonwealth v. White, 193 A.3d 977 (Pa. Super. Ct. 2018). · cites it 6× “Further, Appellant contended the PCRA court impermissibly imposed a mandatory sentence pursuant to 18 Pa.C.S. § 1102.1, and, even if it did not impose the mandatory sentence, Appellant's sentence was excessive because "it does not give [Appellant], who has demonstrated…”
Com. v. Summers, B., 245 A.3d 686 (Pa. Super. Ct. 2021). · cites it 5× “Preliminarily, we note that 18 Pa.C.S. § 1102.1 was enacted in the wake of Miller and sets forth the sentences to be imposed upon juvenile offenders who are convicted of first- or second-degree murder on or after June 25, 2012, the date Miller was issued.”
Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013). · cites it 5× “First, it is notable that the General Assembly acted quickly in the wake of Miller to address new cases involving sentencing for juvenile murderers, see 18 Pa.C.S. § 1102.1. The General Assembly made a policy judgment about appropriate mandatory minimum terms (before parole…”
Commonwealth v. Lawrence, 99 A.3d 116 (Pa. Super. Ct. 2014). · cites it 6× “Is 18 Pa.C.S. § 1102.1 unconstitutional under the United States Constitution because it violates its Cruel and Unusual Punishment Clause? B.”
Commonwealth v. Machicote, A., Aplt., 206 A.3d 1110 (Pa. 2019). · cites it 6× “2 Batts asserted the sentencing scheme 2On June 24, 2012, while Batts I was pending, the General Assembly enacted 18 Pa.C.S. § 1102.1, a new sentencing statute for juveniles convicted of first-degree and second- degree murder.”
Commonwealth v. Batts, 125 A.3d 33 (Pa. Super. Ct. 2015). · cites it 7× “Further, although the court purported to consider 18 Pa.C.S. § 1102.1, it did not discern the General Assembly’s policy decision that youth particularly matters when the juvenile-defendant is younger than fifteen when he commits the crime.”
Com. v. Miller, J., 275 A.3d 530 (Pa. Super. Ct. 2022). · cites it 2× “However, a sentencing court may consider 18 Pa.C.S. § 1102.1 for guidance. Batts, supra, at 458 (abrogated on other grounds by Jones, supra).”
Com. v. Anderson, M., 224 A.3d 40 (Pa. Super. Ct. 2019). · cites it 4× “Title 18 Pa.C.S. § 1102.1 provides in pertinent part: - 10 - J-A18008-19 (a) First degree murder.”
State of Iowa v. Denem Anthony Null, 836 N.W.2d 41 (Iowa 2013). · cites it 2× “) (providing parole eligibility for juveniles convicted of first-degree murder after twenty-five years imprisonment); 18 Pa. Cons. Stat. Ann. § 1102.1(a) (West, Westlaw current through Reg.”
Show all 120 citing cases →
— 18 Pa. Cons. Stat. § 1102.1(a) — 20 cases
Commonwealth v. Hicks, 151 A.3d 216 (Pa. Super. Ct. 2016). “Finally, Appellant claims that the trial court abused its discretion when it resen-tenced him pursuant to 18 Pa.C.S. § 1102.1. Specifically, Appellant avers that his sentence of thirty-five years to life, coupled with two consecutive terms of imprisonment of ten to twenty years…”
Commonwealth v. Lekka, 210 A.3d 343 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 1102.1(a). Section 1102.1 does not prohibit a sentencing court from imposing a minimum sentence greater than provided in the statute.”
State of Iowa v. Denem Anthony Null, 836 N.W.2d 41 (Iowa 2013). “) (providing parole eligibility for juveniles convicted of first-degree murder after twenty-five years imprisonment); 18 Pa. Cons. Stat. Ann. § 1102.1(a) (West, Westlaw current through Reg.”
Commonwealth v. White, 193 A.3d 977 (Pa. Super. Ct. 2018). “Further, Appellant contended the PCRA court impermissibly imposed a mandatory sentence pursuant to 18 Pa.C.S. § 1102.1, and, even if it did not impose the mandatory sentence, Appellant's sentence was excessive because "it does not give [Appellant], who has demonstrated…”
Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013). “Ultimately, despite his defense of duress, the jury convicted Appellant of first-degree murder, attempted murder, and aggravated assault.”
— 18 Pa. Cons. Stat. § 1102.1(a)(1) — 29 cases
Commonwealth v. White, 193 A.3d 977 (Pa. Super. Ct. 2018). “Further, Appellant contended the PCRA court impermissibly imposed a mandatory sentence pursuant to 18 Pa.C.S. § 1102.1, and, even if it did not impose the mandatory sentence, Appellant's sentence was excessive because "it does not give [Appellant], who has demonstrated…”
Commonwealth v. Lekka, 210 A.3d 343 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 1102.1(a). Section 1102.1 does not prohibit a sentencing court from imposing a minimum sentence greater than provided in the statute.”
Com. v. Anderson, M., 224 A.3d 40 (Pa. Super. Ct. 2019). “Title 18 Pa.C.S. § 1102.1 provides in pertinent part: - 10 - J-A18008-19 (a) First degree murder.”
Commonwealth v. Hicks, 151 A.3d 216 (Pa. Super. Ct. 2016). “Finally, Appellant claims that the trial court abused its discretion when it resen-tenced him pursuant to 18 Pa.C.S. § 1102.1. Specifically, Appellant avers that his sentence of thirty-five years to life, coupled with two consecutive terms of imprisonment of ten to twenty years…”
Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013). “First, it is notable that the General Assembly acted quickly in the wake of Miller to address new cases involving sentencing for juvenile murderers, see 18 Pa.C.S. § 1102.1. The General Assembly made a policy judgment about appropriate mandatory minimum terms (before parole…”
— 18 Pa. Cons. Stat. § 1102.1(a)(2) — 3 cases
Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013). “Ultimately, despite his defense of duress, the jury convicted Appellant of first-degree murder, attempted murder, and aggravated assault.”
Commonwealth v. Batts, Q., Aplt., 163 A.3d 410 (Pa. 2017).
Com. v. Sanders, D. (Pa. Super. Ct. 2018).
— 18 Pa. Cons. Stat. § 1102.1(b) — 3 cases
Commonwealth v. Batts, Q., Aplt., 163 A.3d 410 (Pa. 2017).
Com. v. Kronk, T. (Pa. Super. Ct. 2018).
Com. v. Cotton, D., Jr. (Pa. Super. Ct. 2022).
— 18 Pa. Cons. Stat. § 1102.1(c) — 7 cases
Commonwealth v. MacHicote, 172 A.3d 595 (Pa. Super. Ct. 2017).
Com. v. Heggins, K. (Pa. Super. Ct. 2019).
Com. v. Knecht, M. (Pa. Super. Ct. 2017).
Com. v. Felix, L. (Pa. Super. Ct. 2018).
Com. v. McMillan, M. (Pa. Super. Ct. 2019).
— 18 Pa. Cons. Stat. § 1102.1(c)(1) — 9 cases
Com. v. Summers, B., 245 A.3d 686 (Pa. Super. Ct. 2021). “Preliminarily, we note that 18 Pa.C.S. § 1102.1 was enacted in the wake of Miller and sets forth the sentences to be imposed upon juvenile offenders who are convicted of first- or second-degree murder on or after June 25, 2012, the date Miller was issued.”
Commonwealth v. Smith, 210 A.3d 1050 (Pa. Super. Ct. 2019).
Com. v. Summers, B., 2021 Pa. Super. 11 (Pa. Super. Ct. 2021).
Com. v. Kronk, T. (Pa. Super. Ct. 2018).
Com. v. Collins, C. (Pa. Super. Ct. 2018).
— 18 Pa. Cons. Stat. § 1102.1(c)(2) — 2 cases
Com. v. Briley, R. (Pa. Super. Ct. 2017).
Com. v. Pendelton, M. (Pa. Super. Ct. 2019).
— 18 Pa. Cons. Stat. § 1102.1(d) — 27 cases
Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013). “Ultimately, despite his defense of duress, the jury convicted Appellant of first-degree murder, attempted murder, and aggravated assault.”
Com. v. Schroat, S., 272 A.3d 523 (Pa. Super. Ct. 2022).
Commonwealth v. Machicote, A., Aplt., 206 A.3d 1110 (Pa. 2019). “2 Batts asserted the sentencing scheme 2On June 24, 2012, while Batts I was pending, the General Assembly enacted 18 Pa.C.S. § 1102.1, a new sentencing statute for juveniles convicted of first-degree and second- degree murder.”
Commonwealth v. Lekka, 210 A.3d 343 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 1102.1(a). Section 1102.1 does not prohibit a sentencing court from imposing a minimum sentence greater than provided in the statute.”
Com. v. Summers, B., 245 A.3d 686 (Pa. Super. Ct. 2021). “Preliminarily, we note that 18 Pa.C.S. § 1102.1 was enacted in the wake of Miller and sets forth the sentences to be imposed upon juvenile offenders who are convicted of first- or second-degree murder on or after June 25, 2012, the date Miller was issued.”
— 18 Pa. Cons. Stat. § 1102.1(d)(4) — 1 case
Com. v. Pendelton, M. (Pa. Super. Ct. 2019).
— 18 Pa. Cons. Stat. § 1102.1(d)(7) — 5 cases
Commonwealth v. Batts, 125 A.3d 33 (Pa. Super. Ct. 2015). “Further, although the court purported to consider 18 Pa.C.S. § 1102.1, it did not discern the General Assembly’s policy decision that youth particularly matters when the juvenile-defendant is younger than fifteen when he commits the crime.”
Com. v. Moye, D. (Pa. Super. Ct. 2017).
Com. v. Davis, R. (Pa. Super. Ct. 2022).
Com. v. Troop, D. (Pa. Super. Ct. 2026).
Com. v. Batts, Q. (Pa. Super. Ct. 2015).
— 18 Pa. Cons. Stat. § 1102.1(d)(7)(v) — 1 case
Com. v. Wilson, F. (Pa. Super. Ct. 2019).
— 18 Pa. Cons. Stat. § 1102.1(d)(7)(vi) — 1 case
Com. v. Wilson, F. (Pa. Super. Ct. 2019).
— 18 Pa. Cons. Stat. § 1102.1(d)(7)(vii) — 2 cases
Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013). “Ultimately, despite his defense of duress, the jury convicted Appellant of first-degree murder, attempted murder, and aggravated assault.”
Com. v. Wilson, F. (Pa. Super. Ct. 2019).
— 18 Pa. Cons. Stat. § 1102.1(e) — 8 cases
Commonwealth v. Lekka, 210 A.3d 343 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 1102.1(a). Section 1102.1 does not prohibit a sentencing court from imposing a minimum sentence greater than provided in the statute.”
Com. v. Summers, B., 245 A.3d 686 (Pa. Super. Ct. 2021). “Preliminarily, we note that 18 Pa.C.S. § 1102.1 was enacted in the wake of Miller and sets forth the sentences to be imposed upon juvenile offenders who are convicted of first- or second-degree murder on or after June 25, 2012, the date Miller was issued.”
Commonwealth v. Batts, 125 A.3d 33 (Pa. Super. Ct. 2015). “Further, although the court purported to consider 18 Pa.C.S. § 1102.1, it did not discern the General Assembly’s policy decision that youth particularly matters when the juvenile-defendant is younger than fifteen when he commits the crime.”
Com. v. Summers, B., 2021 Pa. Super. 11 (Pa. Super. Ct. 2021).
Commonwealth v. Batts, Q., Aplt., 163 A.3d 410 (Pa. 2017).
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