§ 9714. Sentences for second and subsequent offenses.
(a) Mandatory sentence.--
(1) Any person who is convicted in any court of this Commonwealth of a crime of violence
shall, if at the time of the commission of the current offense the person had previously
been convicted of a crime of violence, be sentenced to a minimum sentence of at least
ten years of total confinement, notwithstanding any other provision of this title
or other statute to the contrary. Upon a second conviction for a crime of violence,
the court shall give the person oral and written notice of the penalties under this
section for a third conviction for a crime of violence. Failure to provide such notice
shall not render the offender ineligible to be sentenced under paragraph (2).
(2) Where the person had at the time of the commission of the current offense previously
been convicted of two or more such crimes of violence arising from separate criminal
transactions, the person shall be sentenced to a minimum sentence of at least 25 years
of total confinement, notwithstanding any other provision of this title or other statute
to the contrary. Proof that the offender received notice of or otherwise knew or should
have known of the penalties under this paragraph shall not be required. Upon conviction
for a third or subsequent crime of violence the court may, if it determines that 25
years of total confinement is insufficient to protect the public safety, sentence
the offender to life imprisonment without parole.
(a.1) Mandatory maximum.--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 title or other statute to the contrary.
(b) Presumption of high risk dangerous offender.--(Deleted by amendment).
(c) High risk dangerous offender.--(Deleted by amendment).
(d) Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof
to the defendant shall not be required prior to conviction, but reasonable notice
of the Commonwealth's intention to proceed under this section shall be provided after
conviction and before sentencing. The applicability of this section shall be determined
at sentencing. The sentencing court, prior to imposing sentence on an offender under
subsection (a), shall have a complete record of the previous convictions of the offender,
copies of which shall be furnished to the offender. If the offender or the attorney
for the Commonwealth contests the accuracy of the record, the court shall schedule
a hearing and direct the offender and the attorney for the Commonwealth to submit
evidence regarding the previous convictions of the offender. The court shall then
determine, by a preponderance of the evidence, the previous convictions of the offender
and, if this section is applicable, shall impose sentence in accordance with this
section. Should a previous conviction be vacated and an acquittal or final discharge
entered subsequent to imposition of sentence under this section, the offender shall
have the right to petition the sentencing court for reconsideration of sentence if
this section would not have been applicable except for the conviction which was vacated.
(e) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section
is applicable any lesser sentence than provided for in subsections (a) and (a.1) or
to place such offender on probation or to suspend sentence. Nothing in this section
shall prevent the sentencing court from imposing a sentence greater than that provided
in this section. Sentencing guidelines promulgated by the Pennsylvania Commission
on Sentencing shall not supersede the mandatory sentences provided in this section.
(f) Appeal by Commonwealth.--If a sentencing court shall refuse 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 the imposition of a sentence in accordance with this section if it finds that
the sentence was imposed in violation of this section.
(g) Definition.--As used in this section, the term "crime of violence" means murder of the third degree,
voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18
Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer),
murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
(relating to murder of unborn child), aggravated assault of an unborn child as defined
in 18 Pa.C.S. § 2606 (relating to aggravated assault of unborn child), aggravated
assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault),
assault of law enforcement officer as defined in 18 Pa.C.S. § 2702.1(a)(1) (relating
to assault of law enforcement officer), use of weapons of mass destruction as defined
in 18 Pa.C.S. § 2716(b) (relating to weapons of mass destruction), terrorism as defined
in 18 Pa.C.S. § 2717(b)(2) (relating to terrorism), strangulation when the offense
is graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to strangulation),
trafficking of persons when the offense is graded as a felony of the first degree
as provided in 18 Pa.C.S. § 3011 (relating to trafficking in individuals), rape, involuntary
deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson
endangering persons or aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)
(relating to arson and related offenses), ecoterrorism as classified in 18 Pa.C.S.
§ 3311(b)(3) (relating to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S.
§ 3502(a)(1) (relating to burglary), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i),
(ii) or (iii) (relating to robbery), or robbery of a motor vehicle, drug delivery
resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting
in death), or criminal attempt, criminal conspiracy or criminal solicitation to commit
murder or any of the offenses listed above, or an equivalent crime under the laws
of this Commonwealth in effect at the time of the commission of that offense or an
equivalent crime in another jurisdiction.
(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982, P.L.512, No.141, eff.
imd.; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 11, 1995, 1st Sp.Sess.,
P.L.1058, No.21, eff. 60 days; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 20,
2000, P.L.811, No.113, eff. 60 days; July 7, 2011, P.L.220, No.40, eff. 60 days; July
5, 2012, P.L.1050, No.122, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 60
days; Feb. 25, 2014, P.L.33, No.16, eff. 60 days; June 5, 2020, P.L.246, No.32, eff.
60 days; Nov. 3, 2022, P.L.1634, No.99, eff. 60 days)
2022 Amendment. Act 99 amended subsec. (g).
2000 Amendments. Act 18 amended subsec. (g) and Act 113 amended subsec. (a) and deleted subsecs. (b)
and (c). Section 5(1) of Act 18 provided that Act 18 shall apply to proceedings initiated
on or after the effective date of Act 18.
1995 Amendment. Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall
apply to all offenses committed on or after the effective date of Act 21.
Cross References. Section 9714 is referred to in sections 5750, 9543.1, 9712, 9713, 9715, 9720.4, 9774.1,
9799.24, 9799.58 of this title; section 1103 of Title 18 (Crimes and Offenses); sections
3903, 4103, 4503, 6101, 6135, 6137, 6137.1, 7301 of Title 61 (Prisons and Parole);
section 3113 of Title 63 (Professions and Occupations (State Licensed)).
Notes of Decisions
Cited in
469
cases (
120 in the last 5 years), 1985–2026 · leading case:
Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005).
Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005).
· cites it 22× “See 42 Pa.C.S. § 9714. The more narrow question upon which we granted review here was one left unanswered by our decision in Commonwealth v.”
Commonwealth v. McClintic, 909 A.2d 1241 (Pa. 2006).
· cites it 20× “42 Pa.C.S. § 9714(a), (a.1). For the June 27, 2002 incident, pursuant to Section 9714(a)(2), the trial court sentenced Appellant to two consecutive twenty-five to fifty-year terms of imprisonment, one for the robbery and one for the burglary committed on the same date.”
Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003).
· cites it 10× “In addition, the trial court ruled that appellant was a high-risk, dangerous offender pursuant to the then-governing provisions of 42 Pa.C.S. § 9714. Accordingly, the trial court sentenced appellant to consecutive terms of 10 to 20 years' imprisonment on the rape conviction and…”
Commonwealth v. Brown, 741 A.2d 726 (Pa. Super. Ct. 1999).
· cites it 20× “¶ 2 I also agree that Brown's first issue, whether 42 Pa.C.S. § 9714 violates the ex post facto clause of the federal constitution, is without merit.”
Commonwealth v. Diaz, 152 A.3d 1040 (Pa. Super. Ct. 2016).
· cites it 11× “]” 42 Pa.C.S. § 9714(a)(1). 15 Subsection (g) of the statute defines “crime of violence” as, inter alia, “robbery as defined in 18 Pa.”
Commonwealth v. Belak, 825 A.2d 1252 (Pa. 2003).
· cites it 18× “Given that he had previously been convicted of burglary at least twice, Belak was subsequently sentenced, pursuant to 42 Pa.C.S. § 9714, to the mandatory minimum of twenty-five years' imprisonment and the mandatory maximum of fifty years' imprisonment.”
Commonwealth v. Bradley, 834 A.2d 1127 (Pa. 2003).
· cites it 12× “Appellant's contention that he was improperly sentenced as a three strike offender under Section 9714 of the Judicial Code, 42 Pa. C.S. § 9714, raises a question of statutory construction, which is a pure question of law.”
Commonwealth v. Northrip, 985 A.2d 734 (Pa. 2009).
· cites it 16× “We permitted this appeal in order to review the Superior Court's decision under 42 Pa.C.S. § 9714, Sentences for Second and Subsequent Offenses, commonly referred to as the "Three Strikes Law.”
Pittman v. Pennsylvania Bd. of Prob. & Parole, 131 A.3d 604 (Pa. Commw. Ct. 2016).
· cites it 10× “” In turn, page 8 of the hearing report lists offenses that are automatically excluded from street time credit pursuant to section 9714(g) of the Judicial Code, 42 Pa.C.S. §9714(g), and PWID is not enumerated as one of those offenses.”
Commonwealth, Aplt. v. Fields, R., 107 A.3d 738 (Pa. 2014).
· cites it 19× “At the conclusion of the hearing, the court applied the second-strike offender portion of Pennsylvania’s recidivism statute, see 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), in view of Appellee’s prior convictions for the 1992 offenses.”
Commonwealth v. Gordon, 942 A.2d 174 (Pa. 2007).
· cites it 12× “We granted allocatur limited to resolution of whether it violates the United States and/or Pennsylvania Constitutions when a judge, not a jury, finds by a preponderance of the evidence, not beyond a reasonable doubt, that the defendant has been convicted of multiple crimes of…”
Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. Ct. 2012).
· cites it 4× “The Commonwealth specifically informed Appellant's trial counsel, a Dauphin County public defender, that it would seek imposition of a twenty-five-year minimum sentence pursuant to 42 Pa.C.S. § 9714, based on Appellant's two prior convictions for crimes of violence.”
— 42 Pa. Cons. Stat. § 9714(2) — 1 case
— 42 Pa. Cons. Stat. § 9714(9) — 1 case
— 42 Pa. Cons. Stat. § 9714(A)(1) — 1 case
— 42 Pa. Cons. Stat. § 9714(D) — 1 case
— 42 Pa. Cons. Stat. § 9714(G) — 1 case
— 42 Pa. Cons. Stat. § 9714(a) — 32 cases
Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005).
“See 42 Pa.C.S. § 9714. The more narrow question upon which we granted review here was one left unanswered by our decision in Commonwealth v.”
Commonwealth v. McClintic, 909 A.2d 1241 (Pa. 2006).
“42 Pa.C.S. § 9714(a), (a.1). For the June 27, 2002 incident, pursuant to Section 9714(a)(2), the trial court sentenced Appellant to two consecutive twenty-five to fifty-year terms of imprisonment, one for the robbery and one for the burglary committed on the same date.”
— 42 Pa. Cons. Stat. § 9714(a)(1) — 75 cases
Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003).
“In addition, the trial court ruled that appellant was a high-risk, dangerous offender pursuant to the then-governing provisions of 42 Pa.C.S. § 9714. Accordingly, the trial court sentenced appellant to consecutive terms of 10 to 20 years' imprisonment on the rape conviction and…”
Commonwealth, Aplt. v. Fields, R., 107 A.3d 738 (Pa. 2014).
“At the conclusion of the hearing, the court applied the second-strike offender portion of Pennsylvania’s recidivism statute, see 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), in view of Appellee’s prior convictions for the 1992 offenses.”
Commonwealth v. Diaz, 152 A.3d 1040 (Pa. Super. Ct. 2016).
“]” 42 Pa.C.S. § 9714(a)(1). 15 Subsection (g) of the statute defines “crime of violence” as, inter alia, “robbery as defined in 18 Pa.”
Commonwealth v. Belak, 825 A.2d 1252 (Pa. 2003).
“Given that he had previously been convicted of burglary at least twice, Belak was subsequently sentenced, pursuant to 42 Pa.C.S. § 9714, to the mandatory minimum of twenty-five years' imprisonment and the mandatory maximum of fifty years' imprisonment.”
Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005).
“See 42 Pa.C.S. § 9714. The more narrow question upon which we granted review here was one left unanswered by our decision in Commonwealth v.”
— 42 Pa. Cons. Stat. § 9714(a)(2) — 70 cases
Commonwealth v. McClintic, 909 A.2d 1241 (Pa. 2006).
“42 Pa.C.S. § 9714(a), (a.1). For the June 27, 2002 incident, pursuant to Section 9714(a)(2), the trial court sentenced Appellant to two consecutive twenty-five to fifty-year terms of imprisonment, one for the robbery and one for the burglary committed on the same date.”
Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005).
“See 42 Pa.C.S. § 9714. The more narrow question upon which we granted review here was one left unanswered by our decision in Commonwealth v.”
Commonwealth v. Brown, 741 A.2d 726 (Pa. Super. Ct. 1999).
“¶ 2 I also agree that Brown's first issue, whether 42 Pa.C.S. § 9714 violates the ex post facto clause of the federal constitution, is without merit.”
Commonwealth v. Bradley, 834 A.2d 1127 (Pa. 2003).
“Appellant's contention that he was improperly sentenced as a three strike offender under Section 9714 of the Judicial Code, 42 Pa. C.S. § 9714, raises a question of statutory construction, which is a pure question of law.”
Commonwealth v. Belak, 825 A.2d 1252 (Pa. 2003).
“Given that he had previously been convicted of burglary at least twice, Belak was subsequently sentenced, pursuant to 42 Pa.C.S. § 9714, to the mandatory minimum of twenty-five years' imprisonment and the mandatory maximum of fifty years' imprisonment.”
— 42 Pa. Cons. Stat. § 9714(a)(I) — 1 case
— 42 Pa. Cons. Stat. § 9714(a)(l) — 3 cases
— 42 Pa. Cons. Stat. § 9714(b) — 8 cases
Commonwealth v. Brown, 741 A.2d 726 (Pa. Super. Ct. 1999).
“¶ 2 I also agree that Brown's first issue, whether 42 Pa.C.S. § 9714 violates the ex post facto clause of the federal constitution, is without merit.”
— 42 Pa. Cons. Stat. § 9714(b)(1) — 2 cases
— 42 Pa. Cons. Stat. § 9714(b)(2) — 6 cases
Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005).
“See 42 Pa.C.S. § 9714. The more narrow question upon which we granted review here was one left unanswered by our decision in Commonwealth v.”
Commonwealth v. McClintic, 909 A.2d 1241 (Pa. 2006).
“42 Pa.C.S. § 9714(a), (a.1). For the June 27, 2002 incident, pursuant to Section 9714(a)(2), the trial court sentenced Appellant to two consecutive twenty-five to fifty-year terms of imprisonment, one for the robbery and one for the burglary committed on the same date.”
Commonwealth v. Bradley, 834 A.2d 1127 (Pa. 2003).
“Appellant's contention that he was improperly sentenced as a three strike offender under Section 9714 of the Judicial Code, 42 Pa. C.S. § 9714, raises a question of statutory construction, which is a pure question of law.”
— 42 Pa. Cons. Stat. § 9714(b)(c) — 1 case
— 42 Pa. Cons. Stat. § 9714(b)(l) — 1 case
— 42 Pa. Cons. Stat. § 9714(c) — 4 cases
In Re: Order Adopting New Rule 705.1, Amending Rules 454, 462, & 1010, & Approving the Revision of the Comments to Rules 409, 414, 424, 455, 550, 590, & 704 of the Pennsylvania Rules of Crim. Procedure (Pa. 2016).
— 42 Pa. Cons. Stat. § 9714(c)(1) — 1 case
Commonwealth v. Brown, 741 A.2d 726 (Pa. Super. Ct. 1999).
“¶ 2 I also agree that Brown's first issue, whether 42 Pa.C.S. § 9714 violates the ex post facto clause of the federal constitution, is without merit.”
— 42 Pa. Cons. Stat. § 9714(c)(2) — 1 case
— 42 Pa. Cons. Stat. § 9714(c)(4) — 1 case
— 42 Pa. Cons. Stat. § 9714(d) — 21 cases
Commonwealth v. McClintic, 909 A.2d 1241 (Pa. 2006).
“42 Pa.C.S. § 9714(a), (a.1). For the June 27, 2002 incident, pursuant to Section 9714(a)(2), the trial court sentenced Appellant to two consecutive twenty-five to fifty-year terms of imprisonment, one for the robbery and one for the burglary committed on the same date.”
— 42 Pa. Cons. Stat. § 9714(e) — 3 cases
— 42 Pa. Cons. Stat. § 9714(f) — 5 cases
— 42 Pa. Cons. Stat. § 9714(g) — 213 cases
Pittman v. Pennsylvania Bd. of Prob. & Parole, 131 A.3d 604 (Pa. Commw. Ct. 2016).
“” In turn, page 8 of the hearing report lists offenses that are automatically excluded from street time credit pursuant to section 9714(g) of the Judicial Code, 42 Pa.C.S. §9714(g), and PWID is not enumerated as one of those offenses.”
Commonwealth v. Diaz, 152 A.3d 1040 (Pa. Super. Ct. 2016).
“]” 42 Pa.C.S. § 9714(a)(1). 15 Subsection (g) of the statute defines “crime of violence” as, inter alia, “robbery as defined in 18 Pa.”
Commonwealth v. McClintic, 909 A.2d 1241 (Pa. 2006).
“42 Pa.C.S. § 9714(a), (a.1). For the June 27, 2002 incident, pursuant to Section 9714(a)(2), the trial court sentenced Appellant to two consecutive twenty-five to fifty-year terms of imprisonment, one for the robbery and one for the burglary committed on the same date.”
Commonwealth v. Northrip, 985 A.2d 734 (Pa. 2009).
“We permitted this appeal in order to review the Superior Court's decision under 42 Pa.C.S. § 9714, Sentences for Second and Subsequent Offenses, commonly referred to as the "Three Strikes Law.”
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