§ 3732.1. Aggravated assault by vehicle.
(a) Offense.--Any person who recklessly or with gross negligence causes serious bodily injury to
another person while engaged in the violation of any law of this Commonwealth or municipal
ordinance applying to the operation or use of a vehicle or to the regulation of traffic,
except section 3802 (relating to driving under influence of alcohol or controlled
substance), is guilty of aggravated assault by vehicle, a felony of the third degree
when the violation is the cause of the injury.
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a person convicted of a violation
of subsection (a) may be sentenced to an additional term not to exceed two years'
confinement if at trial the prosecution proves beyond a reasonable doubt that the
offense occurred in an active work zone.
(2) In addition to any other penalty provided by law, a person convicted of a violation
of subsection (a) who is also convicted of a violation of section 1501 (relating to
drivers required to be licensed), 1543 (relating to driving while operating privilege
is suspended or revoked), 3316 (relating to prohibiting text-based communications),
3316.1 (relating to prohibiting use of interactive mobile device), 3325 (relating
to duty of driver on approach of emergency vehicle) or 3327 (relating to duty of driver
in emergency response areas and in relation to disabled vehicles) may be sentenced
to an additional term not to exceed two years' confinement.
(3) The prosecution must indicate intent to proceed under this section in the indictment
or information which commences the prosecution.
(4) The Pennsylvania Commission on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption
of guidelines for sentencing), shall provide for a sentencing enhancement for an offense
under this section when the violation occurred in an active work zone or the individual
was also convicted of a violation of section 1501, 1543, 3316, 3316.1, 3325 or 3327.
(Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff.
60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; Oct. 29, 2020, P.L.1057, No.105,
eff. 180 days; June 5, 2024, P.L.366, No.18, eff. 12 months)
2024 Amendment. Act 18 amended subsec. (b)(2) and (4). The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law.
2020 Amendment. Section 2 of Act 105 provided that Act 105 may be referred to as the Move Over Law.
2018 Amendment. Act 153 amended subsec. (b).
2010 Amendment. Act 81 added section 3732.1. The preamble of Act 81 provided that Act 81 may be referred
to as the Sgt. Michael C. Weigand Law.
Cross References. Section 3732.1 is referred to in section 8510.1 of this title.
Notes of Decisions
Cited in
22
cases (
13 in the last 5 years), 2014–2026 · leading case:
Com. v. Needham, A., No. 3010 EDA 2023 (Pa. Super. Ct. Nov. 18, 2024).
Com. v. Needham, A., No. 3010 EDA 2023 (Pa. Super. Ct. Nov. 18, 2024).
· cites it 4× “Compare 75 Pa.C.S. § 3732.1 with 18 Pa.C.S. § 2504(a).”
Com. v. Ogden, T., No. 138 WDA 2020 (Pa. Super. Ct. Aug. 18, 2020).
· cites it 3× “Had this amendment been made anytime during the past two years, I ____________________________________________ 1 75 Pa. C.S. § 3732.1(a) and 18 Pa.C.S. § 2705, respectively.”
Com. v. Jones, N., No. 2736 EDA 2023 (Pa. Super. Ct. Apr. 25, 2025).
· cites it 3× “1 The jury acquitted Appellant of ____________________________________________ 1 75 Pa.C.S. §§ 3732.1(a); 3742(a) (respectively).”
Com. v. Robinson, R., No. 2785 EDA 2015 (Pa. Super. Ct. Feb. 21, 2017).
· cites it 2× “3 75 Pa.C.S. § 3732.1(a). 4 18 Pa.C.S. § 2701(a)(2).”
Com. v. Murphy, M., No. 641 WDA 2020 (Pa. Super. Ct. Mar. 26, 2021).
· cites it 2× “1 75 Pa.C.S. § 3732.1(a). The trial court also found Appellant guilty of summary traffic violations, discussed infra.”
Com. v. Jones, A., No. 1267 EDA 2023 (Pa. Super. Ct. May 10, 2024).
· cites it 2× “75 Pa.C.S. § 3732.1(a). Our review confirms that neither crime wholly includes the other as they require different elements of proof.”
Com. v. Johnson, J., No. 219 MDA 2025 (Pa. Super. Ct. Jan. 6, 2026).
· cites it 2× “§ 3732(a); aggravated assault by vehicle, 75 Pa.C.S. § 3732.1(a); three counts of accidents involving death or injury while non-licensed, 75 Pa.”
Com. v. Martinez-Ocasio, J., No. 61 MDA 2014 (Pa. Super. Ct. Apr. 21, 2015).
· cites it 3× “2 In this timely appeal, Martinez-Ocasio ____________________________________________ 1 75 Pa.C.S. § 3732.1 and 18 Pa.C.S. § 2705, respectively.”
Com. v. Wirth, C., No. 1455 MDA 2013 (Pa. Super. Ct. Oct. 29, 2014).
· cites it 2× “Count VI: Aggravated assault by vehicle, 75 Pa.C.S. § 3732.1(a)— merged with Count II.”
Com. v. Hixon, K., III, No. 29 MDA 2015 (Pa. Super. Ct. June 10, 2016).
“75 Pa.C.S. § 3732.1 (emphasis added). Homicide by vehicle is defined in the Motor Vehicle Code as follows: (a) Offense.”
Com. v. Routhier, P., No. 650 MDA 2017 (Pa. Super. Ct. May 9, 2018).
“1(a); 75 Pa.C.S. § 3732.1(a); 75 Pa.C.S. § 3802(a)(1); 75 Pa.”
75 Pa. Cons. Stat. § 3732.1(a): 16 cases
Com. v. Ogden, T., No. 138 WDA 2020 (Pa. Super. Ct. Aug. 18, 2020).
“Had this amendment been made anytime during the past two years, I ____________________________________________ 1 75 Pa. C.S. § 3732.1(a) and 18 Pa.C.S. § 2705, respectively.”
Com. v. Needham, A., No. 3010 EDA 2023 (Pa. Super. Ct. Nov. 18, 2024).
“Compare 75 Pa.C.S. § 3732.1 with 18 Pa.C.S. § 2504(a).”
Com. v. Jones, N., No. 2736 EDA 2023 (Pa. Super. Ct. Apr. 25, 2025).
“1 The jury acquitted Appellant of ____________________________________________ 1 75 Pa.C.S. §§ 3732.1(a); 3742(a) (respectively).”
Com. v. Robinson, R., No. 2785 EDA 2015 (Pa. Super. Ct. Feb. 21, 2017).
“3 75 Pa.C.S. § 3732.1(a). 4 18 Pa.C.S. § 2701(a)(2).”
Com. v. Murphy, M., No. 641 WDA 2020 (Pa. Super. Ct. Mar. 26, 2021).
“1 75 Pa.C.S. § 3732.1(a). The trial court also found Appellant guilty of summary traffic violations, discussed infra.”
75 Pa. Cons. Stat. § 3732.1(b): 1 case
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