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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 1105 (2026)

 Sentence of imprisonment for summary offenses.

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§ 1105.  Sentence of imprisonment for summary offenses.

A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days.

Notes of Decisions
Cited in 17 cases (8 in the last 5 years), 1978–2025 · leading case: Commonwealth v. Longo, 410 A.2d 368 (Pa. Super. Ct. 1979).
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Commonwealth v. Longo, 410 A.2d 368 (Pa. Super. Ct. 1979). · cites it 2× “18 Pa.C.S. § 1105. Hence the imposition of a six months to two year sentence (which would have been within legal limits for Retail Theft, third offense, 18 Pa.”
Commonwealth v. Snyder, 688 A.2d 230 (Pa. Commw. Ct. 1996). “The Borough asserts, however, that the trial court did not abuse its discretion because under the Crimes Code, 18 Pa.C.S. § 1105: A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by.”
Commonwealth v. Jt. Bargaining Comm. of Pennsylvania Emp. Sec. Employes Ass'n, 386 A.2d 1050 (Pa. Commw. Ct. 1978). “A summary offense is punishable by a term of imprisonment not to exceed 90 days (18 Pa. C.S. §1105). However, subsection (a), in enumerating the “classes of crimes,” enumerates only murder, felonies and misdemeanors.”
United States v. Brooks, 341 F. Supp. 3d 566 (W.D. Pa. 2018). “" 18 Pa. Cons. Stat. § 1105 . 28 Based upon the foregoing, Brooks' convictions of the third-degree misdemeanor and two summary offenses are not disqualifying convictions under 922(g)(1).”
Com. v. Collins, J., 286 A.3d 767, 2022 PA Super 195 (Pa. Super. Ct. 2022). · cites it 2× “18 Pa.C.S. § 1105, 2709(a)(3), (c)(1). Although Collins emphasizes that he had no prior record, the sentencing guidelines do not apply to summary offenses, see 204 Pa.”
Com. v. Griggs, E., 2025 PA Super 285. “See 18 Pa.C.S. § 1105. In the case sub judice, Appellant was charged with and convicted for violating subsection (a)(5) of the criminal mischief statute.”
Com. v. Brown, D., No. 1807 EDA 2017 (Pa. Super. Ct. Jan. 18, 2018). · cites it 2× “Although the trial court was authorized pursuant to 18 Pa.C.S. § 1105 to impose a sentence of imprisonment for not more than ninety days on the Section 6106.”
Diah-Kpodo, P. v. Wawa, Inc., No. 1100 EDA 2015 (Pa. Super. Ct. Feb. 24, 2016). “§3929(b)(1) (providing gradings for retail theft ranging from summary offense to third-degree felony); 18 Pa.C.S. § 1105 (“A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days.”
Jhensy Saillant v. Attorney Gen. United States, No. 19-2557 (3d Cir. Apr. 7, 2020). “§ 3929 (b)(1)(i), punishable by a maximum of ninety days in prison, see 18 Pa. Cons. Stat. § 1105 . Saillant argues that his theft-by-deception conviction is also not a CIMT under the cat- egorical approach.”
Com. of PA ex rel. A.J. Watson, DA v. K.N. Crosby, 302 A.3d 1268 (Pa. Commw. Ct. 2023). “Section 1105 of the Crimes Code, 18 Pa.C.S. § 1105. 4 The Reproduced Record does not comport with Pennsylvania Rule of Appellate Procedure 2173, Pa.”
Com. v. Mennella, A., No. 1056 MDA 2020 (Pa. Super. Ct. Oct. 12, 2021). “-5- J-S22020-21 J-S22021-21 2491-2019, Guideline Sentence Form, 6/30/20; 18 Pa.C.S. § 1105 (maximum term for summary offense is 90 days’ imprisonment).”
Com. v. Comond, M., No. 446 MDA 2024 (Pa. Super. Ct. Aug. 19, 2025). “See 18 Pa.C.S. § 1105 (addressing the maximum sentence for a summary offense and stating that “[a] person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days”).”
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