Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 1103 (2026)

Sentence of imprisonment for felony.

✓ current as of May 2026

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§ 1103. Sentence of imprisonment for felony.

Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:

(1) In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.

(2) In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years.

(3) In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.

(Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)

Cross References. Section 1103 is referred to in sections 1102, 2702.1, 3011, 3121, 3123 of this title; sections 9714, 9718.2 of Title 42 (Judiciary and Judicial Procedure); section 1571 of Title 75 (Vehicles).

Notes of Decisions

Cited in 334 cases (93 in the last 5 years), 1974–2026 · leading case: Commonwealth v. Foster, 17 A.3d 332 (Pa. 2011).

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Commonwealth v. Foster, 17 A.3d 332 (Pa. 2011). · cites it 8× “18 Pa.C.S. § 1103(1). At the hearing, defense counsel, the prosecuting attorney, and the trial court all acknowledged that, under the accepted reading of Section 9712(a) at the time of sentencing, imposition of a minimum term of imprisonment of five years was mandatory, based…”

McCray v. Pennsylvania Dep't of Corr., 872 A.2d 1127 (Pa. 2005). · cites it 6× “18 Pa.C.S. § 1103(1). The court also found him guilty of conspiracy, which is a second-degree felony punishable by up to ten years in prison.”

Commonwealth, Aplt. v. Rose, S., 127 A.3d 794 (Pa. 2015). · cites it 8× “9 At sentencing, Rose maintained that he could be sentenced only to a maximum term of incarceration of 10 to 20 years, because, at the time he assaulted the victim, that was the maximum allowable sentence for third-degree murder under 18 Pa.C.S. § 1103(1), which provides that a…”

Commonwealth v. McClintic, 909 A.2d 1241 (Pa. 2006). · cites it 4× “ An offender sentenced to a mandatory minimum sentence under this section shall be sentenced to a maximum sentence equal to twice the mandatory minimum sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of imprisonment for felony) or any other provision of this…”

Commonwealth v. Tucker, 143 A.3d 955 (Pa. Super. Ct. 2016). · cites it 2× “Appellant first contends that his five to ten year sentence imposed for VUFA at 18 Pa.C.S. § 1103(3) exceeds the statutory maximum of seven years' incarceration for a felony of the third degree and, therefore, represents an illegal sentence.”

Commonwealth v. Mouzon, 812 A.2d 617 (Pa. 2002). · cites it 2× “18 Pa.C.S. §§ 1103 (sentence of imprisonment for felony), 1104 (sentence of imprisonment for misdemeanors).”

Com. v. Steckley, S., Jr., 128 A.3d 826 (Pa. Super. Ct. 2015). · cites it 4× “See 18 Pa.C.S. § 1103 (“[A] person who has been convicted of a [third degree] felony may be sentenced to imprisonment .”

Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013). · cites it 3× “18 Pa.C.S. § 1103(2). . We stress that there is no evidence that Appellant ever showed the child pornography in his possession to any child or viewed the images in his possession for any purpose other than his own personal sexual stimulation or gratification.”

Commonwealth v. Strafford, 194 A.3d 168 (Pa. Super. Ct. 2018). · cites it 2× “3 Appellant's Reply Brief at 1-4 (citing 18 Pa.C.S. § 1103 (entitled "Sentence of imprisonment for felony") ).”

Commonwealth v. Reaves, 923 A.2d 1119 (Pa. 2007). · cites it 2× “See 18 Pa.C.S. §§ 1103(1), 3502. Appellee's initial, negotiated county sentence was extremely favorable, and the VOP sentence cannot be described at all as harsh given the seriousness of the crimes and appellee's abject failure to abide by the requirements of his sentence.”

Com. v. Kurtz, J., 294 A.3d 509 (Pa. Super. Ct. 2023). · cites it 2× “See 18 Pa.C.S. § 1103(1). While the trial court ran many of the sentences consecutively, it is well-established that the “imposition of consecutive rather than concurrent sentences lies within the sound discretion of the sentencing court.”

Commonwealth v. Houck, 948 A.2d 780 (Pa. 2008). · cites it 4× “[6] 18 Pa.C.S. § 1103 states: "Except as provided in 42 Pa.”

Show all 334 citing cases →

— 18 Pa. Cons. Stat. § 1103(1) — 98 cases

Commonwealth v. Foster, 17 A.3d 332 (Pa. 2011). “18 Pa.C.S. § 1103(1). At the hearing, defense counsel, the prosecuting attorney, and the trial court all acknowledged that, under the accepted reading of Section 9712(a) at the time of sentencing, imposition of a minimum term of imprisonment of five years was mandatory, based…”

Commonwealth, Aplt. v. Rose, S., 127 A.3d 794 (Pa. 2015). “9 At sentencing, Rose maintained that he could be sentenced only to a maximum term of incarceration of 10 to 20 years, because, at the time he assaulted the victim, that was the maximum allowable sentence for third-degree murder under 18 Pa.C.S. § 1103(1), which provides that a…”

Commonwealth v. Reaves, 923 A.2d 1119 (Pa. 2007). “See 18 Pa.C.S. §§ 1103(1), 3502. Appellee's initial, negotiated county sentence was extremely favorable, and the VOP sentence cannot be described at all as harsh given the seriousness of the crimes and appellee's abject failure to abide by the requirements of his sentence.”

Com. v. Kurtz, J., 294 A.3d 509 (Pa. Super. Ct. 2023). “See 18 Pa.C.S. § 1103(1). While the trial court ran many of the sentences consecutively, it is well-established that the “imposition of consecutive rather than concurrent sentences lies within the sound discretion of the sentencing court.”

McCray v. Pennsylvania Dep't of Corr., 872 A.2d 1127 (Pa. 2005). “18 Pa.C.S. § 1103(1). The court also found him guilty of conspiracy, which is a second-degree felony punishable by up to ten years in prison.”

— 18 Pa. Cons. Stat. § 1103(1)(1983) — 1 case

Meyers v. Gillis, 142 F.3d 664 (3rd Cir. 1998).

— 18 Pa. Cons. Stat. § 1103(2) — 52 cases

Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013). “18 Pa.C.S. § 1103(2). . We stress that there is no evidence that Appellant ever showed the child pornography in his possession to any child or viewed the images in his possession for any purpose other than his own personal sexual stimulation or gratification.”

Commonwealth v. Shugars, 895 A.2d 1270 (Pa. Super. Ct. 2006).

Allen v. Commonwealth, Dep't of Corr., 103 A.3d 365 (Pa. Commw. Ct. 2014).

State v. Yanez, 716 A.2d 759 (R.I. 1998).

— 18 Pa. Cons. Stat. § 1103(2)(1983) — 1 case

Meyers v. Gillis, 142 F.3d 664 (3rd Cir. 1998).

— 18 Pa. Cons. Stat. § 1103(2)(a) — 1 case

Commonwealth v. Williams, 519 A.2d 971 (Pa. Super. Ct. 1986).

— 18 Pa. Cons. Stat. § 1103(3) — 84 cases

Commonwealth v. Tucker, 143 A.3d 955 (Pa. Super. Ct. 2016). “Appellant first contends that his five to ten year sentence imposed for VUFA at 18 Pa.C.S. § 1103(3) exceeds the statutory maximum of seven years' incarceration for a felony of the third degree and, therefore, represents an illegal sentence.”

Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).

Commonwealth v. Bavusa, 832 A.2d 1042 (Pa. 2003).

Commonwealth v. Wilson, 910 A.2d 10 (Pa. 2006).

— 18 Pa. Cons. Stat. § 1103(a) — 2 cases

Com. v. Snyder, C. (Pa. Super. Ct. 2016).

Com. v. Graham, P. (Pa. Super. Ct. 2015).

— 18 Pa. Cons. Stat. § 1103(c) — 1 case

Com. v. Hawchar, R. (Pa. Super. Ct. 2017).

— 18 Pa. Cons. Stat. § 1103(d) — 2 cases

Com. v. Felder, M. (Pa. Super. Ct. 2017).

Com. v. Molina, A. (Pa. Super. Ct. 2015).

— 18 Pa. Cons. Stat. § 1103(i) — 1 case

Commonwealth v. Palmer, 700 A.2d 988 (Pa. Super. Ct. 1997).

— 18 Pa. Cons. Stat. § 1103(l) — 1 case

Com. v. Jameson, T. (Pa. Super. Ct. 2015).

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