2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9718.3 - Sentence for failure to comply with registration of sex offenders.

     § 9718.3.  Sentence for failure to comply with registration of
                sexual offenders.
        (a)  Mandatory sentence.--Mandatory sentencing shall be as
     follows:
            (1)  Sentencing upon conviction for a first offense shall
        be as follows:
                (i)  Not less than two years for an individual who:
                    (A)  was subject to section 9795.1(a) (relating
                to registration) or a similar provision from another
                jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(1) or (2)
                (relating to failure to comply with registration of
                sexual offenders requirements).
                (ii)  Not less than three years for an individual
            who:
                    (A)  was subject to section 9795.1(a) or a
                similar provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(3).
                (iii)  Not less than three years for an individual
            who:
                    (A)  was subject to section 9795.1(b) or a
                similar provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).
                (iv)  Not less than five years for an individual who:
                    (A)  was subject to section 9795.1(b) or a
                similar provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(3).
            (2)  Sentencing upon conviction for a second or
        subsequent offense shall be as follows:
                (i)  Not less than five years for an individual who:
                    (A)  was subject to section 9795.1 or a similar
                provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).
                (ii)  Not less than seven years for an individual
            who:
                    (A)  was subject to section 9795.1 or a similar
                provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(3).
        (b)  Proof at sentencing.--The provisions of this section
     shall not be an element of the crime, and notice thereof to the
     defendant shall not be required prior to conviction, but
     reasonable notice of the Commonwealth's intention to proceed
     under this section shall be provided after conviction and before
     sentencing. The applicability of this section shall be
     determined at sentencing. The court shall consider any evidence
     presented at trial and shall afford the Commonwealth and the
     defendant an opportunity to present any necessary additional
     evidence and shall determine, by a preponderance of the
     evidence, if this section is applicable.
        (c)  Authority of court in sentencing.--There shall be no
     authority in any court to impose on an offender to which this
     section is applicable any lesser sentence than provided for in
     subsection (a) or to place such offender on probation or to
     suspend sentence. Nothing in this section shall prevent the
     sentencing court from imposing a sentence greater than that
     provided in this section. Sentencing guidelines promulgated by
     the Pennsylvania Commission on Sentencing shall not supersede
     the mandatory sentences provided in this section.
        (d)  Appeal by Commonwealth.--If a sentencing court refuses
     to apply this section where applicable, the Commonwealth shall
     have the right to appellate review of the action of the
     sentencing court. The appellate court shall vacate the sentence
     and remand the case to the sentencing court for imposition of a
     sentence in accordance with this section if it finds that the
     sentence was imposed in violation of this section.
     (Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007; Sept. 25,
     2008, P.L.1026, No.81, eff. 60 days)

        2008 Amendment.  Act 81 amended subsec. (a)(2)(i).
        2006 Amendment.  Act 178 added section 9718.3. Section 10 of
     Act 178 provided that section 9718.3 shall apply to offenses
     committed on or after the effective date of section 10. See the
     preamble for Act 178 in the appendix to this title for special
     provisions relating to legislative intent.