Pa. Cons. Stat. » 18 Pa. Cons. Stat. (CRIMES AND OFFENSES) / Chapter 9

18 Pa. Cons. Stat. § 905

 Grading of criminal attempt, solicitation and conspiracy.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 905.  Grading of criminal attempt, solicitation and conspiracy.

(a)  Grading.--Except as otherwise provided in this title, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy.

(b)  Mitigation.--If the particular conduct charged to constitute a criminal attempt, solicitation or conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither such conduct nor the actor presents a public danger warranting the grading of such offense under this section, the court may dismiss the prosecution.

(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3, eff. 60 days)

Notes of Decisions
Cited in 74 cases (12 in the last 5 years), 1975–2025 · leading case: Commonwealth v. Sims
Sort: Relevance Newest Treatment
Commonwealth v. Sims (2007) pa · cites it 2× “See 18 Pa.C.S. § 905 cmt. ("Under the new Code, the penalty for conspiracy, as for attempts and solicitation, is the same as the penalty for the most serious offense which is an object of the conspiracy except that an attempt, solicitation or conspiracy to commit murder or a…”
Commonwealth v. Morrison (2017) pasuperct “18 Pa.C.S. §§ 905, 1103(1), 3502(c)(1). Appellant’s maximum sentence of ten years does not exceed the statutory maximum limit and his minimum sentence of three years does not exceed one-half of the maximum sentence imposed.”
Commonwealth v. Hoke (2009) pa · cites it 2× “The 1972 Official Comment to 18 Pa.C.S. § 905 states that “[u]nder the [predecessor] conspiracy provision, 18 P.”
Commonwealth, Aplt v. Kingston, S. (2016) pa “2d 664, 668 (2009) (explaining that inchoate crimes have the same maximum sentences as the underlying crime, per Section 905(a) of the Crimes Code, 18 Pa.C.S. § 905(a)). 3 I recognize that the majority’s construction of Section 906 is consistent with the approach of some other…”
Com. v. Beatty, B. (2020) pasuperct “Appellant’s minimum sentence of eighty-four months is beyond the aggravated range.”
Commonwealth v. Young (2007) pasuperct · cites it 3× “18 Pa.C.S. § 905 provides, in pertinent part: (a) Grading.”
Commonwealth v. Clark (1999) pa · cites it 2× “18 Pa.C.S. § 905. [7] The statute states "[w]hoever at night time maliciously loiters or maliciously prowls around a dwelling house or any other place used wholly or in part for living or dwelling purposes, belonging to or occupied by another, is guilty of a misdemeanor of the…”
Gagliardi v. Fisher (2007) pawd · cites it 2× “Plaintiff attacks the charge of attempted theft by unlawful taking on the *482 ground that defendants’ pursuit of the charge was inconsistent with 18 Pa. Cons. Stat. § 905 . Id. ¶ 54 . This statutory provision provides: § 905.”
Commonwealth v. 542 Ontario Street, Bethlehem (2010) pacommwct · cites it 2× “18 Pa.C.S. § 905(a). Accordingly, a person conspiring to commit that crime is subject to a maximum $100,000 fine.”
Rawson v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2014) pacommwct · cites it 2× “In addition, a conviction for conspiracy receives the same gravity score as the offense that is the object of the conspiracy under the sentencing guidelines.”
Commonwealth v. McClelland (2019) pasuperct “See 18 Pa.C.S. § 905(a) (decreeing that conspiracy is a crime of the "same grade and degree as the most serious offense which is .”
Commonwealth v. Hawkins (1992) pasuperct · cites it 2× “§ 1103(2); see also 18 Pa.C.S. § 905(a) ("An attempt, solicitation or conspiracy to commit murder or a felony of the first degree is a felony of the second degree.”
Show all 74 citing cases →
— 18 Pa. Cons. Stat. § 905(a) — 40 cases
Commonwealth, Aplt v. Kingston, S. (2016) pa “2d 664, 668 (2009) (explaining that inchoate crimes have the same maximum sentences as the underlying crime, per Section 905(a) of the Crimes Code, 18 Pa.C.S. § 905(a)). 3 I recognize that the majority’s construction of Section 906 is consistent with the approach of some other…”
Commonwealth v. 542 Ontario Street, Bethlehem (2010) pacommwct “18 Pa.C.S. § 905(a). Accordingly, a person conspiring to commit that crime is subject to a maximum $100,000 fine.”
Commonwealth v. Sims (2007) pa “See 18 Pa.C.S. § 905 cmt. ("Under the new Code, the penalty for conspiracy, as for attempts and solicitation, is the same as the penalty for the most serious offense which is an object of the conspiracy except that an attempt, solicitation or conspiracy to commit murder or a…”
Rawson v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2014) pacommwct “In addition, a conviction for conspiracy receives the same gravity score as the offense that is the object of the conspiracy under the sentencing guidelines.”
Commonwealth v. McClelland (2019) pasuperct “See 18 Pa.C.S. § 905(a) (decreeing that conspiracy is a crime of the "same grade and degree as the most serious offense which is .”
— 18 Pa. Cons. Stat. § 905(b) — 2 cases
KUSHNER v. LINK (2024) paed
Com. v. Lundskow, G. (2015) pasuperct
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.