Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 3732.1 (2026)

Aggravated assault by vehicle.

✓ current as of May 2026

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§ 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. (Pa. Super. Ct. 2024).

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Com. v. Needham, A. (Pa. Super. Ct. 2024). · cites it 4× “Compare 75 Pa.C.S. § 3732.1 with 18 Pa.C.S. § 2504(a).”

Com. v. Ogden, T. (Pa. Super. Ct. 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. of PA ex rel. A.J. Watson, DA v. K.N. Crosby (Pa. Commw. Ct. 2023). · cites it 3× “75 Pa.C.S. § 3732.1(a). Generally, a third-degree felony may result in a sentence of up to seven years of confinement.”

Com. v. Jones, N. (Pa. Super. Ct. 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. (Pa. Super. Ct. 2017). · cites it 2× “3 75 Pa.C.S. § 3732.1(a). 4 18 Pa.C.S. § 2701(a)(2).”

Com. v. Murphy, M. (Pa. Super. Ct. 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. (Pa. Super. Ct. 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. (Pa. Super. Ct. 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. (Pa. Super. Ct. 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. (Pa. Super. Ct. 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 (Pa. Super. Ct. 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. (Pa. Super. Ct. 2018). “1(a); 75 Pa.C.S. § 3732.1(a); 75 Pa.C.S. § 3802(a)(1); 75 Pa.”

Show all 22 citing cases →

— 75 Pa. Cons. Stat. § 3732.1(a) — 16 cases

Com. v. Ogden, T. (Pa. Super. Ct. 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. (Pa. Super. Ct. 2024). “Compare 75 Pa.C.S. § 3732.1 with 18 Pa.C.S. § 2504(a).”

Com. v. Jones, N. (Pa. Super. Ct. 2025). “1 The jury acquitted Appellant of ____________________________________________ 1 75 Pa.C.S. §§ 3732.1(a); 3742(a) (respectively).”

Com. v. Robinson, R. (Pa. Super. Ct. 2017). “3 75 Pa.C.S. § 3732.1(a). 4 18 Pa.C.S. § 2701(a)(2).”

Com. v. Murphy, M. (Pa. Super. Ct. 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

Com. of PA ex rel. A.J. Watson, DA v. K.N. Crosby (Pa. Commw. Ct. 2023). “75 Pa.C.S. § 3732.1(a). Generally, a third-degree felony may result in a sentence of up to seven years of confinement.”

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