§ 15.66. Offenses and penalties.

 (a)  Classification of offenses. The act (18 Pa.C.S. §  106(e)) provides that an offense defined by any statute shall be classified as provided in 18 Pa.C.S. §  106 (relating to classes of offenses) which provides that:

   (1)  A crime is a murder of the first degree or of the second degree if it is so designated or if a person convicted of criminal homicide may be sentenced to death or life imprisonment.

   (2)  A crime is a felony of the first degree if it is murder of the third degree or if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is more than ten years.

   (3)  A crime is a felony of the second degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than ten years.

   (4)  A crime is a felony of the third degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 7 years, or if it is a crime declared to be a felony without specification of degree.

   (5)  A crime is a misdemeanor of the first degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 5 years.

   (6)  A crime is a misdemeanor of the second degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 2 years, or if it is an offense declared by law to constitute a crime, without specification of the class thereof, if the maximum sentence does not make it a felony.

   (7)  A crime is a misdemeanor of the third degree if it so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 1 year, or if it is a crime declared to be a misdemeanor, without specification of degree.

   (8)  An offense is a summary offense if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 90 days.

 (b)  Penalties for offenses. The act (18 Pa.C.S. § §  1101—1105) provides that persons convicted of offenses may be sentenced to imprisonment and to pay a fine not exceeding the following maximum time or amounts (unless a higher or lower time or amount is specifically prescribed by statute):


 (1) Murder of the first degreeMandatory death or life imprisonment
 (2) Murder of the second degree.Mandatory life imprisonment
 (3) Felony of the first degree20 years$25,000
 (4) Felony of the second degree.10 years$25,000
 (5) Felony of the third degree.7 years$15,000
 (6) Misdemeanor of the first degree.5 years$10,000
 (7) Misdemeanor of the second degree.2 years$5,000
 (8) Misdemeanor of the third degree.1 year$2,000
 (9) Summary Offense90 days$300

 (c)  Use. If a violation of a statute is to constitute an offense or result in a penalty, a section or other provision should be devoted to setting forth the classification of the offense and, if necessary, the penalty.

 (d)  Form. Except when a minimum or different term of imprisonment or fine is intended for the particular offense, when defining an offense it is sufficient merely to classify it without setting forth the sentence of imprisonment or payment of a fine in the following form:

 ‘‘A person violating this act is guilty of a misdemeanor of the third degree.’’



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