Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9772 (2026)

Failure to pay fine.

✓ current as of May 2026

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§ 9772. Failure to pay fine.

Unless there is proof that failure to pay a fine or that portion of the fine that is due is excusable, the court may after a hearing find the defendant guilty of contempt and sentence him to not more than six months imprisonment, if a term of confinement of that amount could have been imposed for the offense charged. If an alternative sentence has been imposed under section 9758(c) (relating to alternative sentence), the alternative sentence may not take effect until there has been a preliminary finding of non-indigency, and a willful failure to pay the fine.

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

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 2002–2021 · leading case: Commonwealth v. Diaz, 191 A.3d 850 (Pa. Super. Ct. 2018).

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Commonwealth v. Diaz, 191 A.3d 850 (Pa. Super. Ct. 2018). · cites it 8× “§ 9730 ; 42 Pa.C.S. § 9772 ; Pa.R.Crim.P. 706. In accordance with those procedural safeguards, a court's findings of fact regarding the contemnor's financial ability to pay would seemingly assure the fundamental fairness of any contempt proceeding without imposing any…”

Commonwealth v. Smetana, 191 A.3d 867 (Pa. Super. Ct. 2018). · cites it 6× “If the fines and costs court determines the offender is able to pay fines or costs, it may turn the delinquent account over to a private collection agency or impose imprisonment for nonpayment, as provided by law.”

Harding v. Stickman, 823 A.2d 1110 (Pa. Commw. Ct. 2003). · cites it 2× “Moreover, Fleming does not apply here because it deals with an enforcement action in a criminal proceeding under section 9772 of the Sentencing Code, 42 Pa.C.S. § 9772, which is why our superior court exercised jurisdiction over the matter.”

Neely v. Dep't of Corr., 838 A.2d 16 (Pa. Commw. Ct. 2003). · cites it 2× “Thus, Neely may not challenge the judgment by seeking to enjoin the Department from carrying out its statutorily mandated duty to deduct funds.”

George v. Beard, 824 A.2d 393 (Pa. Commw. Ct. 2003). “Imprisonment for nonpayment of financial obligations may be imposed on a finding of contempt for failure to pay a fine, 42 Pa.C.S. § 9772, on a finding of contempt for failure to make restitution, 18 Pa.”

Commonwealth v. Fleming, 804 A.2d 669 (Pa. Super. Ct. 2002). “42 Pa.C.S. § 9772. The trial court here proceeded to the entry of these orders sua sponte, even though the orders were not preceded by a hearing, or even an application for such a ruling by the court.”

Shaw v. Pennsylvania Bd. of Prob. & Parole, 812 A.2d 769 (Pa. Commw. Ct. 2002). “Section 9772 of the Sentencing Code, 42 Pa.C.S. § 9772. The offenses here are summary traffic violations, none of which carry a sentence of six months of incarceration.”

Com. v. Diaz, W. (Pa. Super. Ct. 2018). · cites it 5× “§ 9730; 42 Pa.C.S. § 9772; Pa.R.Crim.P. 706. In accordance with those procedural safeguards, a court’s findings of fact regarding the contemnor’s financial ability to pay would seemingly assure the fundamental fairness of any contempt proceeding without imposing any requirement…”

Com. v. Candelario, D. (Pa. Super. Ct. 2015). · cites it 4× “Appellant argues that 42 Pa.C.S. § 9772, which provides the following, precludes a finding of contempt in such circumstances: Unless there is proof that failure to pay a fine or that portion of the fine is excusable, the court may after a hearing find the defendant guilty of…”

Commonwealth v. Kargbl, 61 Pa. D. & C.4th 129 (2003). · cites it 2× “42 Pa.C.S. §9772. See: Commonwealth v. Fleming, [ 804 A.”

Com. v. Smetana, B. (Pa. Super. Ct. 2018). “” 42 Pa.C.S. § 9772. 8 Section 1106(f), in pertinent part, states “[u]pon such notice of failure to make restitution, or upon receipt of the contempt decision from a magisterial district judge, the court shall order a hearing to determine if the offender is in contempt of court…”

Com. v. Goad, D. (Pa. Super. Ct. 2021). “We then indicated that we had done an independent review of the record and found “no arguably meritorious issues that warrant further consideration.” Id. This Court did “remind” the trial ____________________________________________ more than six months imprisonment, if a term…”

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