Pennsylvania Consolidated Statutes
42 Pa. Cons. Stat. § 9726 (2026)
Fine.
✓ current as of May 2026
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§ 9726. Fine.
(a) Fine only.--The court may, as authorized by law, sentence the defendant only to pay a fine, when, having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices.
(b) Fine as additional sentence.--The court may sentence the defendant to pay a fine in addition to another sentence, either involving total or partial confinement or probation, when:
(1) the defendant has derived a pecuniary gain from the crime; or
(2) the court is of the opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the defendant.
(c) Exception.--The court shall not sentence a defendant to pay a fine unless it appears of record that:
(1) the defendant is or will be able to pay the fine; and
(2) the fine will not prevent the defendant from making restitution or reparation to the victim of the crime.
(d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
Notes of Decisions
Cited in 79
cases (32 in the last 5 years), 1982–2026 · leading case: Com. v. May, R., 271 A.3d 475 (Pa. Super. Ct. 2022).
Com. v. May, R., 271 A.3d 475 (Pa. Super. Ct. 2022). “In his second claim, Appellant alleges that the court erroneously imposed a mandatory fine without first assessing his ability to pay, which was in violation of 42 Pa.C.S. § 9726(c), Pa.R.Crim.P. 706(C), and the excessive -7- J-A26004-21 fines clause of the Pennsylvania and…”
Commonwealth v. Boyd, 73 A.3d 1269 (Pa. Super. Ct. 2013). “Specifically, we must determine whether a claim that the sentencing court failed to consider the defendant’s ability to pay before imposing fines, in contravention of 42 Pa. Cons.Stat.Ann. § 9726(c), must be raised before the sentencing court in order to be preserved for…”
Com. v. Mulkin, O., 228 A.3d 913 (Pa. Super. Ct. 2020). “§§ 1106, 9721(c), and unlike fines, which are both part of a defendant’s sentence, 42 Pa.C.S. § 9726(a), (b)(1)-(2), “a direction to pay costs in a criminal proceeding is not part of the sentence, but is an incident of the judgment.”
George v. Beard, 824 A.2d 393 (Pa. Commw. Ct. 2003). “42 Pa.C.S. § 9726(b). The sentencing court shall not order a defendant to pay a fine unless it appears of record that the defendant is able to pay.”
Com. v. Stroud, J., 298 A.3d 1152 (Pa. Super. Ct. 2023). “00 pursuant to 42 Pa.C.S. § 9726 without determining his ability to pay said fine? Anders brief at 8 (cleaned up).”
Montanez v. Sec'y Pennsylvania Dep't of Corr., 773 F.3d 472 (3rd Cir. 2014). “See 42 Pa. Cons.Stat. § 9726(d) (“In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.”
Com. v. Snyder, C., 251 A.3d 782 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 9726(c) (emphasis added). We note that Appellant did not raise any claim challenging the assignment of fines in the trial court.”
Commonwealth v. Gaddis, 639 A.2d 462 (Pa. Super. Ct. 1994). “—In determining the amount and method of payment of a fine, the court shall take into *540 account the financial resources of the defendant and the nature of the burden that its payment will impose.”
Commonwealth v. Croll, 480 A.2d 266 (Pa. 1984). “42 Pa.Cons.Stat. § 9726(c) and (d). The transcript of the sentencing hearing indicates that appellant, a high-school graduate, was then earning $190.”
Commonwealth v. Yacoubian, 489 A.2d 228 (Pa. 1985). “The court did impose consecutive sentences of not less than 3V2 nor more than seven years for each of the 7 convictions for theft by receiving stolen property, a consecutive sentence of not less than ten nor more than twenty years for a second offense of possessing a controlled…”
Commonwealth v. Cherpes, 520 A.2d 439 (Pa. 1987). “Therefore, we cannot conclude that the sentence imposed was excessive or unfair. VI Cherpes argues that 65 P.”
Buck v. Beard, 879 A.2d 157 (Pa. 2005). “Pursuant to Section 9726(d) of the Sentencing Code, 42 Pa.C.S. § 9726(d), “[i]n determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.”
— 42 Pa. Cons. Stat. § 9726(a) — 13 cases
Com. v. Mulkin, O., 228 A.3d 913 (Pa. Super. Ct. 2020). “§§ 1106, 9721(c), and unlike fines, which are both part of a defendant’s sentence, 42 Pa.C.S. § 9726(a), (b)(1)-(2), “a direction to pay costs in a criminal proceeding is not part of the sentence, but is an incident of the judgment.”
Commonwealth v. Fisher, 703 A.2d 714 (Pa. Super. Ct. 1997).
Vega v. Beard, 847 A.2d 153 (Pa. Commw. Ct. 2004).
Com. v. Mulkin, O., 2020 Pa. Super. 30 (Pa. Super. Ct. 2020).
Com. v. Gary-Ravenell, K. (Pa. Super. Ct. 2020).
— 42 Pa. Cons. Stat. § 9726(b) — 13 cases
George v. Beard, 824 A.2d 393 (Pa. Commw. Ct. 2003). “42 Pa.C.S. § 9726(b). The sentencing court shall not order a defendant to pay a fine unless it appears of record that the defendant is able to pay.”
Commonwealth v. Fusco, 594 A.2d 373 (Pa. Super. Ct. 1991).
Com. v. Markelwitz, J. (Pa. Super. Ct. 2016).
Com. v. Piner, S. (Pa. Super. Ct. 2017).
Com. v. Lopez, S. (Pa. Super. Ct. 2017).
— 42 Pa. Cons. Stat. § 9726(b)(1) — 1 case
Commonwealth v. Gaddis, 639 A.2d 462 (Pa. Super. Ct. 1994). “—In determining the amount and method of payment of a fine, the court shall take into *540 account the financial resources of the defendant and the nature of the burden that its payment will impose.”
— 42 Pa. Cons. Stat. § 9726(b)(2) — 1 case
Com. v. Hall, S. (Pa. Super. Ct. 2022).
— 42 Pa. Cons. Stat. § 9726(c) — 38 cases
Com. v. May, R., 271 A.3d 475 (Pa. Super. Ct. 2022). “In his second claim, Appellant alleges that the court erroneously imposed a mandatory fine without first assessing his ability to pay, which was in violation of 42 Pa.C.S. § 9726(c), Pa.R.Crim.P. 706(C), and the excessive -7- J-A26004-21 fines clause of the Pennsylvania and…”
Commonwealth v. Boyd, 73 A.3d 1269 (Pa. Super. Ct. 2013). “Specifically, we must determine whether a claim that the sentencing court failed to consider the defendant’s ability to pay before imposing fines, in contravention of 42 Pa. Cons.Stat.Ann. § 9726(c), must be raised before the sentencing court in order to be preserved for…”
Com. v. Mulkin, O., 228 A.3d 913 (Pa. Super. Ct. 2020). “§§ 1106, 9721(c), and unlike fines, which are both part of a defendant’s sentence, 42 Pa.C.S. § 9726(a), (b)(1)-(2), “a direction to pay costs in a criminal proceeding is not part of the sentence, but is an incident of the judgment.”
Com. v. Snyder, C., 251 A.3d 782 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 9726(c) (emphasis added). We note that Appellant did not raise any claim challenging the assignment of fines in the trial court.”
Commonwealth v. Croll, 480 A.2d 266 (Pa. 1984). “42 Pa.Cons.Stat. § 9726(c) and (d). The transcript of the sentencing hearing indicates that appellant, a high-school graduate, was then earning $190.”
— 42 Pa. Cons. Stat. § 9726(c)(1) — 13 cases
Commonwealth v. Boyd, 73 A.3d 1269 (Pa. Super. Ct. 2013). “Specifically, we must determine whether a claim that the sentencing court failed to consider the defendant’s ability to pay before imposing fines, in contravention of 42 Pa. Cons.Stat.Ann. § 9726(c), must be raised before the sentencing court in order to be preserved for…”
Commonwealth v. Fusco, 594 A.2d 373 (Pa. Super. Ct. 1991).
Com. v. Finnegan, E. (Pa. Super. Ct. 2020).
Com. v. Kress, T. (Pa. Super. Ct. 2020).
Com. v. Markelwitz, J. (Pa. Super. Ct. 2016).
— 42 Pa. Cons. Stat. § 9726(c)(2) — 1 case
— 42 Pa. Cons. Stat. § 9726(c)(d) — 1 case
Commonwealth v. Cherpes, 520 A.2d 439 (Pa. 1987). “Therefore, we cannot conclude that the sentence imposed was excessive or unfair. VI Cherpes argues that 65 P.”
— 42 Pa. Cons. Stat. § 9726(d) — 12 cases
Montanez v. Sec'y Pennsylvania Dep't of Corr., 773 F.3d 472 (3rd Cir. 2014). “See 42 Pa. Cons.Stat. § 9726(d) (“In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.”
Buck v. Beard, 879 A.2d 157 (Pa. 2005). “Pursuant to Section 9726(d) of the Sentencing Code, 42 Pa.C.S. § 9726(d), “[i]n determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.”
Buck v. Beard, 834 A.2d 696 (Pa. Commw. Ct. 2003).
George v. Beard, 824 A.2d 393 (Pa. Commw. Ct. 2003). “42 Pa.C.S. § 9726(b). The sentencing court shall not order a defendant to pay a fine unless it appears of record that the defendant is able to pay.”
Commonwealth v. Scatena, 481 A.2d 855 (Pa. 1984).
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