2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9718 - Sentences for offenses against infant persons.

     § 9718.  Sentences for offenses against infant persons.
        (a)  Mandatory sentence.--
            (1)  A person convicted of the following offenses when
        the victim is under 16 years of age shall be sentenced to a
        mandatory term of imprisonment as follows:
            18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
        assault) - not less than two years.
            18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
        to rape) - not less than ten years.
            18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
        intercourse) - not less than ten years.
            18 Pa.C.S. § 3125(a)(1) through (6) (relating to
        aggravated indecent assault) - not less than five years.
            (2)  A person convicted of the following offenses when
        the victim is less than 13 years of age shall be sentenced to
        a mandatory term of imprisonment as follows:
            18 Pa.C.S. § 2702(a)(1) - not less than five years.
            (3)  A person convicted of the following offenses shall
        be sentenced to a mandatory term of imprisonment as follows:
            18 Pa.C.S. § 3121(c) and (d) - not less than ten years.
            18 Pa.C.S. § 3125(a)(7) - not less than five years.
            18 Pa.C.S. § 3125(b) - not less than ten years.
        (b)  Eligibility for parole.--Parole shall not be granted
     until the minimum term of imprisonment has been served.
        (c)  Proof at sentencing.--The provisions of this section
     shall not be an element of the crime, and notice of the
     provisions of this section 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.
        (d)  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 the 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.
        (e)  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.
     (Dec. 30, 1982, P.L.1472, No.334, eff. 60 days; Mar. 31, 1995,
     1st Sp.Sess., P.L.985, No.10, eff. 60 days; Nov. 30, 2004,
     P.L.1703, No.217, eff. imd.; Nov. 29, 2006, P.L.1567, No.178,
     eff. Jan. 1, 2007)

        2006 Amendment.  Act 178 amended subsec. (a) and added
     subsecs. (c), (d) and (e). See the preamble for Act 178 in the
     appendix to this title for special provisions relating to
     legislative intent.
        2004 Amendment.  Section 6 of Act 217 provided that subsec.
     (a)(3) shall apply to individuals sentenced on or after the
     effective date of section 6.