§ 9718. Sentences for offenses against infant persons.
(a) Mandatory sentence.--
(1) A person convicted of the following offenses when the victim is less than 16 years
of age 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(a)(1), (2), (3), (4) and (5) (relating to rape) - not less than
ten years.
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less
than ten years.
18 Pa.C.S. § 3125(a)(1) through (6) (relating to aggravated indecent assault) - not
less than five years.
(2) A person convicted of the following offenses when the victim is less than 13 years
of age shall be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2502(c) (relating to murder) - not less than 15 years.
18 Pa.C.S. § 2702(a)(1) - not less than five years.
(3) A person convicted of the following offenses shall be sentenced to a mandatory term
of imprisonment as follows:
18 Pa.C.S. § 3121(c) and (d) - not less than ten years.
18 Pa.C.S. § 3125(a)(7) - not less than five years.
18 Pa.C.S. § 3125(b) - not less than ten years.
(b) Eligibility for parole.--Parole shall not be granted until the minimum term of imprisonment has been served.
(c) Application of mandatory minimum penalty.--With the exception of prior convictions, any provision of this section that requires
imposition of a mandatory minimum sentence shall constitute an element enhancing the
underlying offense. Any enhancing element must be proven beyond a reasonable doubt
at trial on the underlying offense and must be submitted to the fact-finder for deliberation
together with the underlying offense. If the fact-finder finds the defendant guilty
of the underlying offense, the fact-finder shall also decide whether any enhancing
element has been proven.
(c.1) Notice.--Notice to the defendant of the applicability of this section shall be required prior
to conviction.
(d) 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 subsection (a) or to place
the 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.
(e) Appeal by Commonwealth.--If the fact-finder has found any enhancing element and a sentencing court imposes
a sentence below the mandatory minimum sentence, the Commonwealth shall have the right
to appellate review of the sentence. If the appellate court finds that the mandatory
sentencing provision was applicable, the court shall vacate the sentence and remand
the case for resentencing in accordance with that provision.
(Dec. 30, 1982, P.L.1472, No.334, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985,
No.10, eff. 60 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; June 18, 2014, P.L.741,
No.56, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)
2006 Amendment. See the preamble for Act 178 in the appendix to this title for special provisions
relating to legislative intent.
2004 Amendment. Section 6 of Act 217 provided that subsec. (a)(3) shall apply to individuals sentenced
on or after the effective date of section 6.
Notes of Decisions
Commonwealth, Aplt. v. Wolfe, M. (2016)
pa · cites it 16×
“Appellee did not anticipate Alleyne : he raised no constitutional challenge to 42 Pa.C.S. § 9718, the statute exposing him to a mandatory minimum sentence, demanding that the age-of-victim fact exposing him to the mandatory sentence needed to be charged, presented to his jury,…”
Commonwealth v. Elia (2013)
pasuperct · cites it 10×
“In that case, we adopted a portion of the trial court’s opinion, wherein the trial court “cogently observed” the following: Insofar as 42 Pa.C.S. § 9718 is concerned, we do not conclude that the imposition of a mandatory five[-]year prison term is cruel or unusual.”
Commonwealth v. Sandusky (2019)
pasuperct · cites it 3×
“See 42 Pa.C.S. § 9718(1) (eff. 1995). In 2006, the General Assembly increased the mandatory minimum sentence from five to ten years.”
Commonwealth v. Weimer (2017)
pasuperct · cites it 3×
“urt’s instruction that the Commonwealth did not have to prove beyond a reasonable doubt the date of the crime when the date of the crime was significant as to the age of the victim? (4) Whether the trial court imposed an illegal sentence for the charges of involuntary deviate…”
Commonwealth v. Wolfe (2014)
pasuperct · cites it 3×
“-2- J-A26024-14 mandatory provision at 42 Pa.C.S. § 9718 than it does for otherwise consensual vaginal sex activity? Appellant’s Brief at 5.”
Commonwealth v. Newman (2014)
pasuperct · cites it 2×
“§ 9713(c); 42 Pa.C.S. § 9718(c); 42 Pa.C.S. § 9719(b); 18 Pa.”
Commonwealth v. Barnes, K., Aplt. (2016)
pa · cites it 2×
“2016) (holding 42 Pa.C.S. § 9718 violated Alleyne because it required imposition of a ten-year mandatory minimum sentence for an involuntary deviant sexual assault conviction based on an additional fact (that the victim was less than sixteen years of age) found at sentencing and…”
Commonwealth, Aplt v. Dimatteo, P. (2018)
pa · cites it 5×
“2014) (finding no violation of Alleyne despite the application of the mandatory sentencing statute at 42 Pa.C.S. § 9718 because the necessary fact for the judge to impose the sentence was an element of the underlying offense; thus, “the jury specifically found the element[.”
Commonwealth v. McCauley (2018)
pasuperct · cites it 2×
“Appellant filed a direct appeal, challenging the sufficiency of the evidence to support his convictions and the legality of his sentence due to the imposition of an illegal mandatory minimum sentence pursuant to 42 Pa.C.S. § 9718. This Court affirmed Appellant's convictions, but…”
Commonwealth v. Ciccone (2016)
pasuperct · cites it 2×
“2016) (ruling that mandatory sentencing provision in 42 Pa.C.S. § 9718 was unconstitutional under Alleyne as it provided sentencing court was to determine its applicability at sentencing by a preponderance of the evidence and refusing to sever portion of statute that violated…”
Commonwealth v. Blakney (2016)
pasuperct · cites it 3×
“There, the Court struck down the mandatory minimum sentencing provision set forth in 42 Pa.C.S. § 9718, which also contains the standard ‘proof at sentencing’ provision.”
— 42 Pa. Cons. Stat. § 9718(1) — 1 case
Commonwealth v. Sandusky (2019)
pasuperct
“See 42 Pa.C.S. § 9718(1) (eff. 1995). In 2006, the General Assembly increased the mandatory minimum sentence from five to ten years.”
— 42 Pa. Cons. Stat. § 9718(3) — 2 cases
— 42 Pa. Cons. Stat. § 9718(a) — 23 cases
Commonwealth v. Elia (2013)
pasuperct
“In that case, we adopted a portion of the trial court’s opinion, wherein the trial court “cogently observed” the following: Insofar as 42 Pa.C.S. § 9718 is concerned, we do not conclude that the imposition of a mandatory five[-]year prison term is cruel or unusual.”
Commonwealth v. Weimer (2017)
pasuperct
“urt’s instruction that the Commonwealth did not have to prove beyond a reasonable doubt the date of the crime when the date of the crime was significant as to the age of the victim? (4) Whether the trial court imposed an illegal sentence for the charges of involuntary deviate…”
Commonwealth v. Sandusky (2019)
pasuperct
“See 42 Pa.C.S. § 9718(1) (eff. 1995). In 2006, the General Assembly increased the mandatory minimum sentence from five to ten years.”
— 42 Pa. Cons. Stat. § 9718(a)(1) — 39 cases
Commonwealth, Aplt. v. Wolfe, M. (2016)
pa
“Appellee did not anticipate Alleyne : he raised no constitutional challenge to 42 Pa.C.S. § 9718, the statute exposing him to a mandatory minimum sentence, demanding that the age-of-victim fact exposing him to the mandatory sentence needed to be charged, presented to his jury,…”
Commonwealth, Aplt v. Dimatteo, P. (2018)
pa
“2014) (finding no violation of Alleyne despite the application of the mandatory sentencing statute at 42 Pa.C.S. § 9718 because the necessary fact for the judge to impose the sentence was an element of the underlying offense; thus, “the jury specifically found the element[.”
— 42 Pa. Cons. Stat. § 9718(a)(1)(3) — 1 case
— 42 Pa. Cons. Stat. § 9718(a)(2) — 3 cases
— 42 Pa. Cons. Stat. § 9718(a)(3) — 19 cases
Commonwealth, Aplt. v. Wolfe, M. (2016)
pa
“Appellee did not anticipate Alleyne : he raised no constitutional challenge to 42 Pa.C.S. § 9718, the statute exposing him to a mandatory minimum sentence, demanding that the age-of-victim fact exposing him to the mandatory sentence needed to be charged, presented to his jury,…”
— 42 Pa. Cons. Stat. § 9718(b) — 1 case
— 42 Pa. Cons. Stat. § 9718(c) — 24 cases
Commonwealth, Aplt. v. Wolfe, M. (2016)
pa
“Appellee did not anticipate Alleyne : he raised no constitutional challenge to 42 Pa.C.S. § 9718, the statute exposing him to a mandatory minimum sentence, demanding that the age-of-victim fact exposing him to the mandatory sentence needed to be charged, presented to his jury,…”
— 42 Pa. Cons. Stat. § 9718(d) — 2 cases
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