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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9717 (2026)

 Sentences for offenses against elderly persons.

✓ current as of May 2026
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§ 9717.  Sentences for offenses against elderly persons.

(a)  Mandatory sentence.--A person under 60 years of age convicted of the following offenses when the victim is over 60 years of age and not a police officer shall be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years.

18 Pa.C.S. § 3121 (relating to rape) - not less than five years.

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less than five years.

18 Pa.C.S. § 3922 (relating to theft by deception) - not less than 12 months, but the imposition of the minimum sentence shall be discretionary with the court where the court finds justifiable cause and that finding is written in the opinion.

(b)  Eligibility for parole.--Parole shall not be granted until the minimum term of imprisonment has been served.

(Dec. 30, 1982, P.L.1472, No.334, eff. 60 days)

 

1982 Amendment.  Act 334 added section 9717.

Notes of Decisions
Cited in 12 cases, 1985–2020 · leading case: Commonwealth v. Russell, 209 A.3d 419 (Pa. Super. Ct. 2019).
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Commonwealth v. Russell, 209 A.3d 419 (Pa. Super. Ct. 2019). “Whether a new trial must be ordered because the Commonwealth improperly joined the charge of possession of marijuana with the other transcripts in this case and in any event had no right to a jury trial for that charge? *424 4.”
Dial v. Vaughn, 733 A.2d 1 (Pa. Commw. Ct. 1999). · cites it 2× “" 42 Pa.C.S. §§ 9717(b) and 9718(b). However, pursuant to section 306(b) of the DNA Act, parole shall not be granted for such offenses until the minimum term of imprisonment has been served and until the prisoner has submitted to DNA testing.”
Commonwealth v. Bizzel, 107 A.3d 102 (Pa. 2014). “Further, I add that 42 Pa.C.S. § 9717, a mandatory minimum statute, which applies to crimes committed against the elderly, includes no burden of proof provision.”
Commonwealth v. Pryor, 500 A.2d 811 (Pa. 1985). · cites it 2× “§§ 9712(c), 9713(d), 9714(d), 9715(c) ("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 subsection (a) or to place such offender on probation or to suspend sentence"); 42 Pa.C.S. §§…”
Commonwealth v. Rizzo, 523 A.2d 809 (Pa. 1987). · cites it 2× “Section 9717 of the Sentencing Code, 42 Pa.C.S. § 9717, provides: A person under 60 years of age convicted of the following offenses when the victim is over 60 years of age and not a police officer shall be sentenced to a mandatory term of imprisonment as follows: *132 18 Pa.”
Commonwealth v. Wildermuth, 501 A.2d 258 (Pa. 1985). “Directing our attention to the mandatory sentencing provisions of 42 Pa.C.S. § 9717 (relating to offenses against elderly persons), appellant, approximately 80-81 years of age during the period within which the instant offenses occurred, observes that, had his offenses been…”
Harris v. United States, 536 U.S. 545 (2002). · cites it 2× “§§ 2C:43-6(c), 6(d) (1998); or among other examples, that the victim was over 60 years of age, 42 Pa. Cons. Stat. § 9717 (a) (1998); that the defendant possessed a certain quantity of drugs, Ill.”
Com. v. Dimou, H. (Pa. Super. Ct. 2016). · cites it 2× “Under 42 Pa.C.S. § 9717: when the victim is over 60 years of age and not a police officer [the defendant] shall be sentenced to a mandatory term of imprisonment as follows: .”
Com. v. Neely, M. (Pa. Super. Ct. 2020). · cites it 2× “Whether the Commonwealth failed to present sufficient evidence to support a verdict of guilty for the count of Securing ____________________________________________ 12The court imposed a mandatory minimum sentence for Appellant’s Theft by Deception conviction pursuant to 42…”
Com. v. Guglielmo, M. (Pa. Super. Ct. 2017). “42 Pa.C.S. § 9717(a). The imposition of the mandatory minimum, however, is “discretionary with the court where the court finds justifiable cause and that finding is written in the opinion.”
Com. v. Bizzel, J. (Pa. Super. Ct. 2014). “Further, I add that 42 Pa.C.S. § 9717, a mandatory minimum statute, which applies to crimes committed against the elderly, includes no burden of proof provision.”
Com. v. Murray, U. (Pa. Super. Ct. 2014). “Further, I add that 42 Pa.C.S. § 9717, a mandatory minimum statute, which applies to crimes committed against the elderly, includes no burden of proof provision.”
— 42 Pa. Cons. Stat. § 9717(a) — 3 cases
Com. v. Dimou, H. (Pa. Super. Ct. 2016). “Under 42 Pa.C.S. § 9717: when the victim is over 60 years of age and not a police officer [the defendant] shall be sentenced to a mandatory term of imprisonment as follows: .”
Com. v. Guglielmo, M. (Pa. Super. Ct. 2017). “42 Pa.C.S. § 9717(a). The imposition of the mandatory minimum, however, is “discretionary with the court where the court finds justifiable cause and that finding is written in the opinion.”
Com. v. Neely, M. (Pa. Super. Ct. 2020). “Whether the Commonwealth failed to present sufficient evidence to support a verdict of guilty for the count of Securing ____________________________________________ 12The court imposed a mandatory minimum sentence for Appellant’s Theft by Deception conviction pursuant to 42…”
— 42 Pa. Cons. Stat. § 9717(b) — 2 cases
Dial v. Vaughn, 733 A.2d 1 (Pa. Commw. Ct. 1999). “" 42 Pa.C.S. §§ 9717(b) and 9718(b). However, pursuant to section 306(b) of the DNA Act, parole shall not be granted for such offenses until the minimum term of imprisonment has been served and until the prisoner has submitted to DNA testing.”
Commonwealth v. Pryor, 500 A.2d 811 (Pa. 1985). “§§ 9712(c), 9713(d), 9714(d), 9715(c) ("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 subsection (a) or to place such offender on probation or to suspend sentence"); 42 Pa.C.S. §§…”
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