§ 1102. Sentence for murder, murder of unborn child and murder of law enforcement officer.
(a) First degree.--
(1) Except as provided under section 1102.1 (relating to sentence of persons under the
age of 18 for murder, murder of an unborn child and murder of a law enforcement officer),
a person who has been convicted of a murder of the first degree or of murder of a
law enforcement officer of the first degree shall be sentenced to death or to a term
of life imprisonment in accordance with 42 Pa.C.S. § 9711 (relating to sentencing
procedure for murder of the first degree).
(2) The sentence for a person who has been convicted of first degree murder of an unborn
child shall be the same as the sentence for murder of the first degree, except that
the death penalty shall not be imposed. This paragraph shall not affect the determination
of an aggravating circumstance under 42 Pa.C.S. § 9711(d)(17) for the killing of a
pregnant woman.
(b) Second degree.--Except as provided under section 1102.1, a person who has been convicted of murder
of the second degree, of second degree murder of an unborn child or of second degree
murder of a law enforcement officer shall be sentenced to a term of life imprisonment.
(c) Attempt, solicitation and conspiracy.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony),
a person who has been convicted of attempt, solicitation or conspiracy to commit murder,
murder of an unborn child or murder of a law enforcement officer where serious bodily
injury results may be sentenced to a term of imprisonment which shall be fixed by
the court at not more than 40 years. Where serious bodily injury does not result,
the person may be sentenced to a term of imprisonment which shall be fixed by the
court at not more than 20 years.
(d) Third degree.--Notwithstanding section 1103, a person who has been convicted of murder of the third
degree or of third degree murder of an unborn child shall be sentenced to a term which
shall be fixed by the court at not more than 40 years.
(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3,
eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.970, No.5, eff. 60 days; Oct. 2, 1997,
P.L.379, No.44, eff. 180 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; Oct.
25, 2012, P.L.1655, No.204, eff. imd.)
2012 Amendment. Act 204 amended subsecs. (a)(1) and (b).
2008 Amendment. Act 131 amended the section heading and subsecs. (a), (b) and (c).
Cross References. Section 1102 is referred to in sections 106, 2604 of this title.
Notes of Decisions
Cited in
346
cases (
120 in the last 5 years), 1975–2026 · leading case:
Miller v. Alabama
Miller v. Alabama (2012)
scotus · cites it 4×
“§630:1–a (West 2007); 18 Pa. Cons. Stat. §§1102 (a), (b), 61 Pa.”
Commonwealth, Aplt. v. Rose, S. (2015)
pa · cites it 14×
“The Commonwealth argued, however, that because the victim’s death did not occur until 2007, Rose’s crime of homicide was not “complete” until that time, and, therefore, Rose was subject to the 20 to 40 year sentence for third-degree murder prescribed under 18 Pa.C.S. § 1102,…”
Hudson v. Pa. Bd. of Prob. & Parole (2019)
pa · cites it 7×
“The court imposed a sentence of life imprisonment on the murder conviction, see 18 Pa.C.S. §1102(b) (requiring a “term of life imprisonment” for second-degree murder), and a separate, consecutive sentence of fifteen-to-thirty years on the other convictions, to be served first.”
Commonwealth v. Batts (2013)
pa · cites it 5×
“See Supplemental Brief for Commonwealth at 8 (citing 18 Pa.C.S. § 1102(a) (superseded, in relevant part)).”
Commonwealth v. Taylor (2013)
pasuperct · cites it 3×
“See 18 Pa.C.S. § 1102(c). Citing 18 Pa.C.S. § 1102(c), Appellant alleges that his sentence of eighteen to thirty-six years is therefore illegal.”
Roper v. Simmons (2005)
scotus · cites it 2×
“10 (West 2002) (no express minimum age) Pennsylvania 18 Pa. Cons. Stat. § 1102 (2002) (same) South Carolina S.”
Commonwealth v. White (2006)
pa · cites it 6×
“Therefore, any sentence for first- or second-degree murder exceeds the maximum sentence otherwise imposable solely on the basis of the general plea to murder.”
Commonwealth v. Bennett (2007)
pa · cites it 2×
“See 18 Pa.C.S. § 1102(b) (requiring the imposition of a life sentence upon a conviction for second-degree murder).”
Commonwealth v. Murray (2013)
pa · cites it 3×
“The penalty phase began the next day, with all parties apparently believing that the jury could return verdicts of death for the killings of Morris, Pennington, and her unborn child, despite convictions for the murder of an unborn child, pursuant to 18 Pa.C.S. § 1102(a)(2),…”
Com. v. Powell, H. (2023)
pasuperct · cites it 4×
“6 Notably, in Appellant’s sixth PCRA petition he claimed his sentence was illegal because, inter alia, he was not charged with attempted murder under 18 Pa.C.S. § 1102(a) (applying a 20 to 40-year sentence upon proof beyond a reasonable doubt that the defendant caused serious…”
Vincent Wilkerson v. Superintendent Fayette SCI (2017)
ca3 · cites it 2×
“1 That sentence for attempted murder reflected an enhancement, allowable under Pennsylvania law only where there has been a finding of *226 “serious bodily injury,” 18 Pa. Cons. Stat. § 1102 (c)—a finding that here was made only by the judge at sentencing and had not been…”
— 18 Pa. Cons. Stat. § 1102(a) — 82 cases
Commonwealth v. Batts (2013)
pa
“See Supplemental Brief for Commonwealth at 8 (citing 18 Pa.C.S. § 1102(a) (superseded, in relevant part)).”
Commonwealth v. White (2006)
pa
“Therefore, any sentence for first- or second-degree murder exceeds the maximum sentence otherwise imposable solely on the basis of the general plea to murder.”
Com. v. Powell, H. (2023)
pasuperct
“6 Notably, in Appellant’s sixth PCRA petition he claimed his sentence was illegal because, inter alia, he was not charged with attempted murder under 18 Pa.C.S. § 1102(a) (applying a 20 to 40-year sentence upon proof beyond a reasonable doubt that the defendant caused serious…”
— 18 Pa. Cons. Stat. § 1102(a)(1) — 55 cases
Commonwealth v. Batts (2013)
pa
“See Supplemental Brief for Commonwealth at 8 (citing 18 Pa.C.S. § 1102(a) (superseded, in relevant part)).”
— 18 Pa. Cons. Stat. § 1102(a)(2) — 1 case
Commonwealth v. Murray (2013)
pa
“The penalty phase began the next day, with all parties apparently believing that the jury could return verdicts of death for the killings of Morris, Pennington, and her unborn child, despite convictions for the murder of an unborn child, pursuant to 18 Pa.C.S. § 1102(a)(2),…”
— 18 Pa. Cons. Stat. § 1102(a)(l) — 5 cases
— 18 Pa. Cons. Stat. § 1102(b) — 67 cases
Hudson v. Pa. Bd. of Prob. & Parole (2019)
pa
“The court imposed a sentence of life imprisonment on the murder conviction, see 18 Pa.C.S. §1102(b) (requiring a “term of life imprisonment” for second-degree murder), and a separate, consecutive sentence of fifteen-to-thirty years on the other convictions, to be served first.”
Commonwealth v. Bennett (2007)
pa
“See 18 Pa.C.S. § 1102(b) (requiring the imposition of a life sentence upon a conviction for second-degree murder).”
Commonwealth v. White (2006)
pa
“Therefore, any sentence for first- or second-degree murder exceeds the maximum sentence otherwise imposable solely on the basis of the general plea to murder.”
— 18 Pa. Cons. Stat. § 1102(c) — 66 cases
Commonwealth v. Taylor (2013)
pasuperct
“See 18 Pa.C.S. § 1102(c). Citing 18 Pa.C.S. § 1102(c), Appellant alleges that his sentence of eighteen to thirty-six years is therefore illegal.”
Com. v. Powell, H. (2023)
pasuperct
“6 Notably, in Appellant’s sixth PCRA petition he claimed his sentence was illegal because, inter alia, he was not charged with attempted murder under 18 Pa.C.S. § 1102(a) (applying a 20 to 40-year sentence upon proof beyond a reasonable doubt that the defendant caused serious…”
— 18 Pa. Cons. Stat. § 1102(d) — 40 cases
Commonwealth, Aplt. v. Rose, S. (2015)
pa
“The Commonwealth argued, however, that because the victim’s death did not occur until 2007, Rose’s crime of homicide was not “complete” until that time, and, therefore, Rose was subject to the 20 to 40 year sentence for third-degree murder prescribed under 18 Pa.C.S. § 1102,…”
Commonwealth v. White (2006)
pa
“Therefore, any sentence for first- or second-degree murder exceeds the maximum sentence otherwise imposable solely on the basis of the general plea to murder.”
Commonwealth v. Batts (2013)
pa
“See Supplemental Brief for Commonwealth at 8 (citing 18 Pa.C.S. § 1102(a) (superseded, in relevant part)).”
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