§ 9719.1. Sentences for offenses committed against law enforcement officer.
(a) Mandatory sentence.--A person convicted of the following offense shall be sentenced to a mandatory term
of imprisonment as follows:
18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law enforcement officer) - not less
than 20 years.
(b) 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
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.
(c) Appeal by Commonwealth.--If a sentencing court refuses 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 imposition of a sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Law enforcement officer." The term shall have the same meaning as the term "peace officer" is given under 18
Pa.C.S. § 501 (relating to definitions).
(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; Nov. 3, 2022, P.L.1634, No.99, eff.
60 days)
2022 Amendment. Act 99 amended subsec. (a).
2008 Amendment. Act 131 added section 9719.1.
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 2015–2026 · leading case:
Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. Ct. 2015).
Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. Ct. 2015).
· cites it 2× “42 Pa.C.S. § 9719.1. This mandatory sentence provision does not implicate Alleyne .”
Com. v. Carmichael, I (Pa. Super. Ct. 2018).
· cites it 2× “However, 42 Pa.C.S. § 9719.1 does not suffer the same constitutional infirmity.”
Com. v. Nobblen, W. (Pa. Super. Ct. 2019).
· cites it 2× “Regarding sentences for offenses committed against law enforcement officers, the Sentencing Code provides: (a) Mandatory sentence.—A person convicted of the following offense shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.”
Com. v. Johnson, T. (Pa. Super. Ct. 2020).
· cites it 2× “Did the trial court impose an illegal sentence by improperly interpreting 42 Pa.C.S. § 9719.1 to require a "mandatory term ofimprisonmentvof "not less than 20 years" be applied to the minimum term of incarceration as opposed to the maximum term of incarceration and a proper…”
Com. v. Perez, J. (Pa. Super. Ct. 2026).
· cites it 2× “42 Pa.C.S. § 9719.1(a), (b).3 Perez argues that subsection 9719.”
Com. v. McCoy, S. (Pa. Super. Ct. 2017).
“See Appellant’s Brief at 28. Appellant contends that the evidence was unduly prejudicial and irrelevant, as the firearm was not recovered.”
Com. v. Scott, T. (Pa. Super. Ct. 2018).
“42 Pa.C.S. § 9719.1. Section 2702.1 defines the crime of assault of a law enforcement officer in the first degree as follows: Assault of a law enforcement officer in the first degree.”
Com. v. Harvard, J. (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 9719.1. This mandatory sentence provision does not implicate Alleyne.”
Com. v. Hollins, E. (Pa. Super. Ct. 2019).
“--A person convicted of the following offense shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. § 2702.1 (a) (relating to assault of1aw enforcement officer)--not less than 20 years.”
Com. v. Zanchuck, T. (Pa. Super. Ct. 2025).
“See Order (sentencing), 7/31/23, 1-2; see also 42 Pa.C.S. § 9719.1 (mandating an imprisonment term of “not less than 20 years” for assault of a law enforcement officer under 18 Pa.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“1(b); 42 Pa.C.S. § 9719.1(a). The trial court sentenced Appellant to terms of twenty to forty years at each count - 12 - J-S07037-26 of assault of a law enforcement officer, and therefore, the sentences were legal.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“1(b); 42 Pa.C.S. § 9719.1(a). The trial court sentenced Appellant to terms of twenty to forty years at each count - 12 - J-S07037-26 of assault of a law enforcement officer, and therefore, the sentences were legal.”
— 42 Pa. Cons. Stat. § 9719.1(a) — 4 cases
Com. v. Carmichael, I (Pa. Super. Ct. 2018).
“However, 42 Pa.C.S. § 9719.1 does not suffer the same constitutional infirmity.”
Com. v. Perez, J. (Pa. Super. Ct. 2026).
“42 Pa.C.S. § 9719.1(a), (b).3 Perez argues that subsection 9719.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“1(b); 42 Pa.C.S. § 9719.1(a). The trial court sentenced Appellant to terms of twenty to forty years at each count - 12 - J-S07037-26 of assault of a law enforcement officer, and therefore, the sentences were legal.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“1(b); 42 Pa.C.S. § 9719.1(a). The trial court sentenced Appellant to terms of twenty to forty years at each count - 12 - J-S07037-26 of assault of a law enforcement officer, and therefore, the sentences were legal.”
— 42 Pa. Cons. Stat. § 9719.1(b) — 1 case
Com. v. Perez, J. (Pa. Super. Ct. 2026).
“42 Pa.C.S. § 9719.1(a), (b).3 Perez argues that subsection 9719.”
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