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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9723 (2026)

 Determination of guilt without further penalty.

✓ current as of May 2026
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§ 9723.  Determination of guilt without further penalty.

If in the light of all the circumstances, probation would be appropriate under section 9722 (relating to order of probation), but it appears that probation is unnecessary, the court may impose a sentence of guilty without further penalty.

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

Notes of Decisions
Cited in 5 cases, 2000–2016 · leading case: Vega v. Beard, 847 A.2d 153 (Pa. Commw. Ct. 2004).
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Vega v. Beard, 847 A.2d 153 (Pa. Commw. Ct. 2004). · cites it 2× “§ 9711(a)(1)), "the court may impose a sentence of guilty without further penalty" (42 Pa.C.S. § 9723), "the court may impose a sentence involving partial confinement" (42 Pa.”
Omar Frias-Camilo v. Attorney Gen. United State, 826 F.3d 699 (3rd Cir. 2016). “Frias-Camilo was originally sentenced to a twelve-month period of probation, but, sixteen months later, the court amended his sentence and imposed a sentence of “guilty without further penalty,” pursuant to 42 Pa. Cons. Stat. § 9723 . 2 That later order vacated several…”
McCoy v. Pennsylvania Bd. of Prob. & Parole, 793 A.2d 1004 (Pa. Commw. Ct. 2002). “” Section 1 of the Sentencing Code, 42 Pa.C.S. § 9723. In that case, this Court, relying on its earlier decision in Smarr , stated that [a] “sentence” of “guilty without further penalty” means just what it says — the parolee has been convicted of a crime and is sentenced but to…”
Gallagher v. Pennsylvania Bd. of Prob. & Parole, 804 A.2d 729 (Pa. Commw. Ct. 2002). “2d 1167 (2002), the parolee was sentenced on his new charges to “guilt without further penalty” in accordance with Section 9723 *731 of the Sentencing Code, 42 Pa.C.S. § 9723. Again, this Court rejected the notion that Gaito entitled the parolee to credit against the old…”
Owens v. Pennsylvania Bd. of Prob. & Parole, 753 A.2d 919 (Pa. Commw. Ct. 2000). · cites it 4× “" Section 1 of the Sentencing Code, 42 Pa.C.S. § 9723. [1] On November 6, 1998, Owens was transferred to a state prison.”
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