Pennsylvania Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Pennsylvania grades felonies as first, second and third degree (murder is punished separately). Except as provided in 42 Pa.C.S. § 9714 (second and subsequent offenses), the maximum prison terms are: felony of the first degree, not more than 20 years; felony of the second degree, not more than ten years; felony of the third degree, not more than seven years. Maximum fines: $50,000 for murder or attempted murder; $25,000 for a felony of the first or second degree; $15,000 for a felony of the third degree (or any higher amount equal to double the pecuniary gain from the offense, or any amount specifically authorized by statute).

Misdemeanor of the first degree: up to five years' imprisonment and a fine of up to $10,000. Misdemeanor of the second degree: up to two years and up to $5,000. Misdemeanor of the third degree: up to one year and up to $2,500. Summary offense: imprisonment of not more than 90 days and a fine of up to $300 when no higher fine is established.

Theft becomes a felony (third degree) when the amount involved exceeds $2,000. Tiers: amount exceeding $2,000: felony of the third degree (also any motor-propelled vehicle, or receiving stolen property by a person in the business of buying or selling stolen property); $100,000 or more but less than $500,000: felony of the second degree (also any firearm, any amount of anhydrous ammonia, or theft during a disaster under listed sections); $500,000 or more: felony of the first degree (also receiving a stolen firearm by a person in the business of buying or selling stolen property). Other theft is a misdemeanor of the first degree, except that if the property was not taken from the person or by threat, or in breach of fiduciary obligation, theft of $50 or more but less than $200 is a misdemeanor of the second degree and less than $50 is a misdemeanor of the third degree.

Stand your ground only in limited circumstances; otherwise a duty to retreat applies outside the home and workplace. Generally, deadly force is not justifiable if the actor knows that he can avoid the necessity of using such force with complete safety by retreating, but the actor is not obliged to retreat from his dwelling or place of work (unless he was the initial aggressor, or is assailed in his place of work by another person whose place of work the actor knows it to be). An actor who is not engaged in a criminal activity, is not in illegal possession of a firearm, and is attacked in any place where the actor would have a duty to retreat has no duty to retreat and may stand his ground and use force, including deadly force, if he has a right to be in the place where he was attacked, believes it is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat, and the attacker displays or uses a firearm or replica of a firearm, or any other weapon readily or apparently capable of lethal use. This does not apply against a peace officer acting in the performance of official duties whom the actor knew or reasonably should have known to be one.

An actor is presumed to have a reasonable belief that deadly force is immediately necessary if the person against whom force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle, or is unlawfully and forcefully removing or attempting to remove another against that other's will from it, and the actor knows or has reason to believe this is occurring or has occurred. The presumption does not apply if the person against whom force is used has the right to be in or is a lawful resident of the dwelling, residence or vehicle (such as an owner or lessee); if the person sought to be removed is a child or grandchild or otherwise in the lawful custody or guardianship of the person against whom force is used; if the actor is engaged in criminal activity or using the dwelling, residence or vehicle to further it; or if the person is a peace officer acting in the performance of official duties whom the actor knew or reasonably should have known to be one. A person who unlawfully and by force enters a dwelling, residence or occupied vehicle (or removes another from one against their will) is presumed to intend to commit an act resulting in death or serious bodily injury, or kidnapping or sexual intercourse by force or threat. There is no duty to retreat from one's dwelling or place of work (with the exceptions above). Civil immunity: an actor who uses force as justified under 18 Pa.C.S. §§ 505-508 is immune from civil liability for personal injuries sustained by a perpetrator, and if the actor prevails in a civil action the court shall award reasonable expenses, including attorney fees, expert witness fees, court costs and compensation for loss of income.

No time limit for murder and voluntary manslaughter; conspiracy or solicitation to commit murder if a murder results; felonies connected with first or second degree murder; certain fatal accident offenses by the driver; listed aggravated assaults on a known law enforcement officer; and listed major sexual and trafficking offenses (such as rape, statutory sexual assault and incest) where the victim was under 18. General rule: two years after the offense is committed. Major offenses (including aggravated assault, kidnapping, arson, burglary, robbery, forgery, bribery and perjury): five years. Major sexual offenses against adults (including rape, statutory sexual assault, sexual assault and incest): 12 years. Extensions include fraud or breach of fiduciary obligation (one year after discovery, extension not more than three years); offenses by public officers or employees (while in office or within five years after, extension not more than eight years); listed sexual offenses against minors (until the later of the limitation period after the minor turns 18 or the minor reaching 55 years of age); and DNA identification (within the period or one year after identification, whichever is later). The period does not run while the accused is continuously absent from Pennsylvania or has no reasonably ascertainable place of abode or work in the Commonwealth, or while a prosecution for the same conduct is pending.

All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment, or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great. Excessive bail shall not be required. Under the Rules of Criminal Procedure, the types of release are: release on recognizance (ROR); release on nonmonetary conditions; release on unsecured bail bond (no money deposited); release on nominal bail (a nominal cash deposit with a designated surety); and release on a monetary condition, whose amount shall not be greater than is necessary to reasonably ensure the defendant's appearance and compliance with bail conditions. In deciding release, the bail authority considers factors including the nature of the offense and possible penalty, employment and financial condition, family ties, length of residence, age, character, reputation, mental condition, substance dependence, past compliance with bail, history of flight or escape, prior criminal record, and use of false identification.

Each county public defender is responsible for furnishing legal counsel to persons who lack sufficient funds to obtain legal counsel, in proceedings including juvenile delinquency, critical pretrial identification procedures, preliminary hearings, trials and post-trial motions, appeals, post-conviction hearings, extradition, probation and parole revocation, and any other situation where representation is constitutionally required. The public defender must be satisfied that the person lacks sufficient funds, and the applicant must sign an affidavit that he or she is unable to obtain counsel and provide other sworn information required; a false affidavit is punishable as perjury. Under the Rules of Criminal Procedure, counsel must be appointed in court cases before the preliminary hearing for defendants without financial resources or otherwise unable to employ counsel, and in summary cases when imprisonment is likely; the appointment continues through final judgment, including direct appeal.

16. Statutory sexual assault: a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and the person is four years older but less than eight years older, or eight years older but less than 11 years older, than the complainant; it is a felony of the first degree if the person is 11 or more years older than the complainant under 16. Sexual intercourse with a complainant less than 13 years of age is rape of a child, a felony of the first degree. Mistake as to age is no defense when criminality depends on a child being below 14; for a higher critical age, the defendant may prove by a preponderance of the evidence a reasonable belief that the child was above it.

Adult-use marijuana is not legal. Possession of a small amount of marihuana only for personal use (thirty (30) grams of marihuana or eight (8) grams of hashish is a small amount), or distribution of a small amount not for sale, is a misdemeanor punishable by imprisonment not exceeding thirty days, or a fine not exceeding five hundred dollars ($500), or both.

Simple assault is attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another; negligently causing bodily injury with a deadly weapon; or using physical menace to put someone in fear of imminent serious bodily injury. It is a misdemeanor of the second degree (up to two years and $5,000), but a misdemeanor of the third degree if it happens in a fight or scuffle entered into by mutual consent, and a misdemeanor of the first degree (up to five years) when committed against a child under 12 by a person 18 or older. Aggravated assault includes attempting to cause serious bodily injury with extreme indifference to human life, injuring listed officers or transit workers on duty, causing or attempting bodily injury with a deadly weapon, and injuring young children. It is a felony of the first degree (up to 20 years) for the most serious forms, such as subsections (a)(1), (2) and (9), and a felony of the second degree (up to 10 years) for the others.

Pennsylvania has no separate battery crime; causing or attempting to cause bodily injury is simple or aggravated assault (18 Pa.C.S. §§ 2701, 2702). Touching someone without injury, such as striking, shoving or kicking, is charged as harassment when done with intent to harass, annoy or alarm the other person by subjecting them to physical contact. That form of harassment is a summary offense (up to 90 days and $300).

Pennsylvania has no separate domestic-assault crime; assault on a family or household member is charged as simple or aggravated assault under the general statutes. Strangulation (knowingly or intentionally impeding another person's breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose and mouth) is generally a misdemeanor of the second degree, but a felony of the second degree (up to 10 years) when committed against a family or household member as defined in 23 Pa.C.S. § 6102, and a felony of the first degree (up to 20 years) if, for example, the defendant was subject to an active protection-from-abuse order covering the victim or has a prior qualifying conviction. Harassment and stalking grades are raised one degree or become felonies when there is a prior protection-order violation or prior violent crime against the same victim or family or household member.

Shoplifting is called retail theft in Pennsylvania. A first offense involving merchandise worth less than $150 is a summary offense (up to 90 days and $300); a second offense under $150 is a misdemeanor of the second degree (up to two years); a first or second offense of $150 or more is a misdemeanor of the first degree (up to five years). A third or subsequent retail theft offense is a felony of the third degree (up to seven years and $15,000) regardless of value, as is any retail theft over $1,000 or of a firearm or motor vehicle. A store may also sue for return of the merchandise or its value, actual damages, reasonable attorney fees and court costs, plus a civil penalty in the amount of the value of the merchandise plus $150.

Burglary is entering a building or occupied structure with intent to commit a crime there; it is a felony of the first degree (up to 20 years and $25,000), except that entering a structure not adapted for overnight accommodation when no one is present is a felony of the second degree (up to 10 years). Robbery is committing a theft while using or threatening force. It is a felony of the first degree when the robber inflicts serious bodily injury, threatens or intentionally puts someone in fear of immediate serious bodily injury, or commits or threatens to commit a first- or second-degree felony; a felony of the second degree when the robber inflicts or threatens bodily injury, or takes money from a financial institution without permission; and a felony of the third degree (up to seven years) when the robber takes property from a person by force however slight. Burglary or robbery aimed at a controlled substance is graded a felony of the first degree.

Vandalism is called criminal mischief in Pennsylvania. It covers intentionally damaging another person's property, damaging property by fire, explosives or other dangerous means, tampering that endangers people or property, defacing property with graffiti using spray paint or broad-tipped markers, and shooting paintballs at property. It is a felony of the third degree (up to seven years) when the person intentionally causes a loss over $5,000 or substantially interrupts a public service such as transportation, water, gas or power; a misdemeanor of the second degree for an intentional loss over $1,000; a misdemeanor of the third degree for a loss over $500 (or over $150 for graffiti); and otherwise a summary offense.

Entering, gaining entry by subterfuge, or secretly remaining in a building or occupied structure without permission is criminal trespass, a felony of the third degree (up to seven years), or a felony of the second degree (up to 10 years) if the person breaks into it. Entering or remaining on property where notice against trespass was given (a defiant trespasser) is a misdemeanor of the third degree (up to one year) if the person defies an order to leave personally communicated by the owner or another authorized person, a misdemeanor of the first degree for defying an order to leave school grounds, and otherwise a summary offense. Entering or remaining on posted or fenced agricultural land is a misdemeanor of the third degree, and a misdemeanor of the second degree if the person defies an order not to enter or to leave.

Knowingly or intentionally possessing a controlled substance without a valid prescription or other authorization is a misdemeanor punishable by up to one year in prison, a fine up to $5,000, or both; after a prior drug conviction under the Act has become final, the maximum rises to three years, a fine up to $25,000, or both. Using or possessing drug paraphernalia with intent to use it is a misdemeanor punishable by up to one year, a fine up to $2,500, or both. A drug-dependent person with no prior drug conviction, misdemeanor or felony conviction, or prior Accelerated Rehabilitative Disposition who pleads guilty or no contest to a nonviolent offense under the Act may be placed on probation without verdict; after completing it, the case is dismissed without a finding of guilt and is not a conviction for any purpose. This option is available only once.

A driver in a crash involving injury or death who fails to stop and remain at the scene commits a misdemeanor of the first degree (up to five years); it is a felony of the third degree with a mandatory minimum of 90 days in prison and a $1,000 fine if someone suffers serious bodily injury, and a felony of the second degree with a mandatory minimum of three years and a $2,500 fine if someone dies. The court may not impose a lesser sentence or probation for those minimums. Leaving the scene of a crash that damages an attended vehicle or property is a misdemeanor of the third degree, punishable by a fine of $2,500, up to one year in prison, or both. Failing to notify the owner after damaging an unattended vehicle or property is a summary offense, punishable by a fine of $300, up to 90 days, or both.

Reckless driving is driving a vehicle in willful or wanton disregard for the safety of persons or property. It is a summary traffic offense punishable by a $200 fine.

Harassment is acting with intent to harass, annoy or alarm another person, including by physical contact, following in public places, or communicating (including by phone, email or Internet) with lewd, threatening or obscene words or repeatedly in an anonymous manner. Physical contact, following and similar conduct is a summary offense; the communication forms, and cyber harassment of a child through electronic means or social media, are misdemeanors of the third degree (up to one year). The grade goes up one degree when the person previously violated a protection-from-abuse order involving the same victim. Stalking is a course of conduct or repeated communications showing intent to put another person in reasonable fear of bodily injury or to cause substantial emotional distress; a first offense is a misdemeanor of the first degree (up to five years), and it becomes a felony of the third degree (up to seven years) for a second or later stalking offense, or a first offense by someone previously convicted of a crime of violence against the same victim or the victim's family or household member.

Resisting arrest is trying to prevent a public servant from making a lawful arrest or doing any other duty by creating a substantial risk of bodily injury to the officer or anyone else, or by means that require substantial force to overcome; it is a misdemeanor of the second degree (up to two years and $5,000). Intentionally obstructing the administration of law is also a misdemeanor of the second degree. A driver who flees or tries to elude police after a visual and audible signal to stop commits a misdemeanor of the second degree with an additional $500 fine; it is a felony of the third degree (up to seven years) if, while fleeing, the driver is driving under the influence, crosses a state line, or endangers a law enforcement officer or the public in a high-speed chase.

Pennsylvania calls missing court after release default in required appearance. A person released by court order, with or without bail, on condition of appearing at a set time and place who fails to appear without lawful excuse commits a misdemeanor of the second degree (up to 2 years and a fine up to $5,000). It becomes a felony of the third degree (up to 7 years and a fine up to $15,000) when the appearance was to answer a felony charge and the person fled or went into hiding to avoid arrest, trial or punishment. The offense does not cover appearances tied to a suspended sentence, probation or parole.

A Pennsylvania court may revoke probation, increase its conditions, or impose a brief sanction only after a hearing at which it considers the sentencing record and evidence of the person's conduct on probation. On revocation, the court may impose any sentence that was available at the original sentencing, giving due consideration to time served on probation. There is a presumption against total confinement for technical violations: jail is allowed only for a new conviction, a technical violation shown by clear and convincing evidence to pose an identifiable threat to public safety, or a technical violation shown by a preponderance of the evidence that was sexual, assaultive, involved a weapon or drug dealing, absconding, or repeated program failures. Confinement for a first technical violation is capped at 14 days and a second at 30 days; probation cannot be extended or revoked solely for unpaid fines or costs unless the person was able to pay and willfully refused.

Intentionally obstructing, impairing or perverting the administration of law or another governmental function by force, violence, physical interference, breach of official duty or another unlawful act is a misdemeanor of the second degree (up to 2 years); simply fleeing or refusing to submit to arrest is excluded. Intimidating a witness or victim to withhold information, testify falsely or stay away from a proceeding is a misdemeanor of the second degree, but becomes a felony (first, second or third degree depending on the most serious charge in the case) if the person uses force, violence or deception, offers a benefit, acts in a conspiracy, or has a prior conviction. Retaliating against a witness, victim or party is a misdemeanor of the second degree, or a felony of the third degree when done by those aggravating means.

Perjury in Pennsylvania is making a material false statement under oath or affirmation in an official proceeding, or swearing to the truth of one made earlier, without believing it is true. It is a felony of the third degree, punishable by up to 7 years in prison and a fine up to $15,000. False swearing (a false sworn statement that is not material, or one meant to mislead a public servant) is a misdemeanor of the second degree, or a misdemeanor of the third degree for other false statements required to be sworn before a notary.

Public drunkenness is a summary offense in Pennsylvania. A person commits it by appearing in any public place manifestly under the influence of alcohol or a controlled substance (other than drugs lawfully prescribed) to the degree that the person may endanger himself or others or property, or annoy people nearby. The fine is not more than $500 for a first violation and not more than $1,000 for a second and each later violation; a summary offense carries up to 90 days in jail.

Disorderly conduct in Pennsylvania means acting with intent to cause public inconvenience, annoyance or alarm, or recklessly creating that risk, by fighting or threatening or violent or tumultuous behavior, making unreasonable noise, using obscene language or gestures, or creating a hazardous or physically offensive condition for no legitimate purpose. It is usually a summary offense (up to 90 days and a fine up to $300). It is a misdemeanor of the third degree (up to 1 year and a fine up to $2,500) if the person intended substantial harm or serious inconvenience or kept going after a reasonable warning to stop.

Indecent exposure in Pennsylvania is exposing one's genitals in a public place, or where other people are present, under circumstances the person knows or should know are likely to offend, affront or alarm. It is a misdemeanor of the second degree (up to 2 years and a fine up to $5,000), or a misdemeanor of the first degree (up to 5 years and a fine up to $10,000) if the person knows or should have known that someone present is under 16. Doing any lewd act likely to be seen by people who would be affronted or alarmed is the separate crime of open lewdness, a misdemeanor of the third degree.

In Pennsylvania an adult commits prostitution by engaging in sexual activity as a business or loitering in public to be hired for sexual activity; it is a misdemeanor of the third degree (up to 1 year). Buying sex is the separate offense of patronizing prostitution (hiring anyone to engage in sexual activity): a misdemeanor of the third degree for a first offense, a misdemeanor of the first degree for a second, and a felony of the third degree for a third or later offense, with mandatory fines of at least $2,500 for a first offense, $5,000 to $25,000 for a second, and $10,000 to $50,000 for a third or later (or if the victim was a minor). Promoting prostitution is a separate, more serious offense.

Pennsylvania's Race Horse Development and Gaming Act authorizes regulated slot machines and table games at licensed casinos, interactive (online) gaming, and sports wagering, all overseen by the Pennsylvania Gaming Control Board. Outside those laws, it is a misdemeanor of the first degree (up to 5 years and a fine up to $10,000) to make, set up, sell or keep slot machines or other gambling devices, to let people gather to gamble unlawfully at a place you control, to invite people to an unlawful gambling place, or to operate electronic video monitors offering simulated gambling for cash prizes.

Pennsylvania charges embezzlement as theft, usually theft by failure to make required disposition of funds received: getting property under an agreement or legal duty to pay or deliver it, then intentionally treating it as your own and not making the required payment. Theft is graded by amount: over $2,000 is a felony of the third degree (up to 7 years); $100,000 to under $500,000 is a felony of the second degree (up to 10 years); and $500,000 or more is a felony of the first degree (up to 20 years). Below $2,000, theft is a misdemeanor of the first degree, and the lower misdemeanor grades for small amounts do not apply when the theft was a breach of fiduciary obligation. Government and bank employees are presumed to know their legal payment obligations.

Identity theft in Pennsylvania is possessing or using another person's identifying information without consent to further any unlawful purpose. It is a misdemeanor of the first degree if the total value involved is under $2,000 and a felony of the third degree if $2,000 or more or if committed as part of a criminal conspiracy; a third or subsequent offense is a felony of the second degree. The grade goes up one step if the victim is 60 or older, a care-dependent person, or under 18. Using a stolen, counterfeit or unauthorized credit or debit card (access device fraud) is a misdemeanor of the second degree under $50, a misdemeanor of the first degree from $50 to under $500, and a felony of the third degree at $500 or more.

Forgery in Pennsylvania is altering, making or passing a writing (including money, credit cards and electronic signatures) so that it falsely appears authentic, with intent to defraud or injure. It is a felony of the second degree for money, securities, stamps, government instruments, stock or bonds; a felony of the third degree for wills, deeds, contracts, commercial instruments and other documents affecting legal relations; and otherwise a misdemeanor of the first degree. Writing a bad check knowing it will not be honored is a summary offense under $200, a misdemeanor of the third degree from $200 to under $500, a misdemeanor of the second degree from $500 to under $1,000, a misdemeanor of the first degree from $1,000 to under $75,000, and a felony of the third degree at $75,000 or more; a third offense within five years is at least a misdemeanor of the first degree.

Pennsylvania treats blackmail as theft by extortion: intentionally obtaining or withholding someone's property by threatening to commit a crime, accuse anyone of a crime, expose a secret that would bring hatred, contempt or ridicule, misuse official action, or inflict other harm. It is graded like other theft by the amount involved (for example, a felony of the third degree if over $2,000), and because it is taken by threat, amounts under $2,000 are a misdemeanor of the first degree. Making similar threats to restrict someone's freedom of action, without taking property, is criminal coercion, a misdemeanor of the second degree, or of the first degree if the threat is to commit a felony or the intent is felonious.

First-degree murder is an intentional killing (by poison, lying in wait, or any other willful, deliberate and premeditated killing); the sentence is death or life in prison. Second-degree murder is felony murder, a killing while the defendant was a principal or accomplice in robbery, rape or deviate sexual intercourse by force, arson, burglary or kidnapping; the sentence is mandatory life in prison. All other murder is third-degree murder, a felony of the first degree punishable by up to 40 years.

Voluntary manslaughter is killing without lawful justification while acting under a sudden and intense passion from serious provocation, or intentionally killing in the unreasonable belief that the killing was justified; it is a felony of the first degree (up to 20 years). Involuntary manslaughter is causing a death by doing an unlawful or lawful act in a reckless or grossly negligent way; it is a misdemeanor of the first degree (up to 5 years), or a felony of the second degree (up to 10 years) if the victim was under 12 and in the defendant's care. Homicide by vehicle (recklessly or with gross negligence causing a death while breaking a traffic law) is a felony of the third degree (up to 7 years). Homicide by vehicle while DUI is a felony of the second degree with a mandatory minimum of three years per victim, or a felony of the first degree with a five- or seven-year minimum per victim for repeat offenders or certain cases.

A parent, guardian or other person supervising a child under 18 (or someone who employs or supervises them) who knowingly endangers the child's welfare by violating a duty of care, protection or support commits endangering the welfare of children, a misdemeanor of the first degree (up to 5 years). It is a felony of the third degree (up to 7 years) if it is a course of conduct or creates a substantial risk of death or serious bodily injury, a felony of the second degree if both, and the grade goes up one level if the child was under six. An adult who corrupts the morals of a minor or encourages a minor to commit a crime (corruption of minors) commits a misdemeanor of the first degree, or a felony of the third degree for a course of conduct involving sexual offenses.

Arson endangering persons, intentionally starting a fire or explosion that recklessly endangers another person or aims to destroy an inhabited building or occupied structure, is a felony of the first degree (up to 20 years); if anyone dies it is second-degree murder (life without parole), or first-degree murder if the fire was set to kill. Aggravated arson (causing bodily injury, or a person is inside) is also a first-degree felony, with up to 40 years if a firefighter or officer is injured or a civilian seriously injured. Arson endangering property (an unoccupied building of another, recklessly endangering an inhabited building, or burning property to collect insurance) is a felony of the second degree (up to 10 years). Reckless burning or exploding that endangers an uninhabited building or another's personal property worth over $5,000 (or any vehicle) is a felony of the third degree (up to 7 years); dangerous burning is a summary offense.

Neglect of an animal (failing to provide food, water, shelter from weather, or necessary veterinary care) is a summary offense (fine of $50 to $750 and/or up to 90 days), or a misdemeanor of the third degree if it causes bodily injury or imminent risk of serious bodily injury. Cruelty to an animal (intentionally, knowingly or recklessly mistreating, beating, abandoning or abusing it) is a summary offense, or a misdemeanor of the second degree (up to 2 years) with bodily injury or imminent risk of serious injury. Aggravated cruelty, torturing an animal or neglect or cruelty causing serious bodily injury or death, is a felony of the third degree (up to 7 years). The court may order the animal forfeited (mandatory for a felony) and may ban or limit owning or caring for animals for up to the maximum prison term for the offense.

Yes. Unlawful dissemination of an intimate image is, with intent to harass, annoy or alarm, sharing a nude or sexual image of a current or former sexual or intimate partner, or sharing an artificially generated sexual depiction (such as an AI deepfake) of any person; consent of the person shown is a defense. It is a misdemeanor of the second degree (up to 2 years), or a misdemeanor of the first degree (up to 5 years) if the person shown is a minor. The victim may sue for actual damages or $500, whichever is greater, up to three times actual damages at the court's discretion, plus attorney fees and costs.

Yes. Cyber harassment of a child is, with intent to harass, annoy or alarm, engaging in a continuing course of conduct by electronic means, directly to a child or through social media, that makes seriously disparaging statements about the child's physical characteristics, sexuality, sexual activity, or mental or physical health, or threatens to inflict harm. It is a misdemeanor of the third degree (up to 1 year). When the person charged is a juvenile, the court must first consider a diversionary program (informal adjustment or consent decree), which can include an education program, and the record is expunged on successful completion.

Pennsylvania has a special offense for minors. A minor who knowingly sends a sexually explicit image of himself or herself, or knowingly possesses or views a sexually explicit image of a minor 12 or older, commits a summary offense. A minor who sends a sexually explicit image of another minor 12 or older commits a misdemeanor of the third degree, and a minor who, to coerce, intimidate, torment, harass or cause emotional distress, makes or shares a nude image of another minor without that minor's knowledge and consent commits a misdemeanor of the second degree. The offense does not cover images of sexual acts. The judge must give first consideration to a diversionary program, which can include education, and completion leads to expungement of the summary charge; the phone or device used may be forfeited.

Dealing in proceeds of unlawful activities is conducting a financial transaction with property known to be proceeds of unlawful activity (any activity graded a first-degree misdemeanor or higher) to promote that activity or to conceal the proceeds' nature, source, ownership or control, or to avoid a state or federal reporting requirement. It is a felony of the first degree, punishable by up to 20 years and a fine of $100,000 or twice the value of the property, whichever is greater. The person is also civilly liable to the Commonwealth for the greater of the property's value or $10,000. The statute has no grades by amount.

Recruiting, enticing, harboring, transporting, providing, obtaining or maintaining a person knowing or recklessly disregarding that the person will be subjected to sexual servitude, or knowingly benefiting from it, is a felony of the first degree (up to 20 years); if it subjects a minor to sexual servitude as part of a course of conduct, the court may impose up to 40 years. Trafficking for labor servitude, or benefiting from it, is a felony of the second degree (up to 10 years). Involuntary servitude (subjecting a person to labor or sexual servitude by force, threats, restraint, fraud, debt coercion, taking ID documents and similar means) is a felony of the first degree. Patronizing a victim of sexual servitude ranges from a felony of the third degree to the first degree, and trafficking convictions carry an added $5,000 fine per offense.

Where signals are absent or not working, drivers must yield to pedestrians in a marked crosswalk or an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb into the path of a vehicle too close to be a hazard. A pedestrian crossing outside a crosswalk must yield to all vehicles; in urban districts, between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk, and may not cross an intersection diagonally unless authorized. Local governments may require pedestrians to obey traffic signals by ordinance. A pedestrian violation is a summary offense with a $5 fine unless another penalty applies; a driver who fails to yield to a pedestrian in a crosswalk is fined $50.

A driver or any passenger in a motor vehicle on a highway may not possess an open alcoholic beverage container or consume alcohol or a controlled substance in the vehicle. Passengers in the passenger area of buses, taxis, limousines and other vehicles for hire, and people in the living quarters of a house coach or house trailer, are exempt. A violation is a summary offense; the section sets no fine, so the general Vehicle Code summary-offense fine of $25 applies.

A person under 21 who attempts to buy, buys, consumes, possesses, or knowingly and intentionally transports alcohol commits a summary offense, with a fine of up to $500 for a first violation and up to $1,000 for each later violation; a first offender may be admitted to a pre-adjudication alternative, and police must notify the minor's parents. A person under 21 who carries a false ID or uses someone else's ID to get alcohol commits a summary offense for a first violation and a misdemeanor of the third degree after that, with a fine of up to $500 for later violations. The former mandatory driver's license suspension for these offenses (18 Pa.C.S. § 6310.4) was repealed in 2018.

Driving while your license is suspended, revoked or canceled is a summary offense with a $200 fine, and adds one year to the suspension (two years to a revocation). If the suspension was for DUI or a related reason, a first offense is a $500 fine and 60 days in jail, a second offense $1,000 and 90 days, and a third or later offense a misdemeanor of the third degree with a $2,500 fine and at least six months. Driving while DUI-suspended with a blood alcohol of .02% or more, certain drugs in the system, or after refusing a test carries higher penalties, up to a misdemeanor of the first degree with a $5,000 fine and at least two years for a third offense.

Driving on a highway without a valid driver's license is a summary offense with a $200 fine, reduced to $25 if the license expired less than one year earlier; there is no conviction if the person shows a valid license at the issuing authority within 15 days. A licensed driver must carry the license and show it to police on demand, but there is no conviction if the person produces a license valid at the time within 15 days.

Pennsylvania's prohibited offensive weapons statute (a misdemeanor of the first degree) lists items such as metal knuckles and blackjacks plus any implement for inflicting serious bodily injury 'which serves no common lawful purpose'; it does not name knives. Possessing any knife, cutting instrument or cutting tool in the buildings or grounds of an elementary or secondary school (public, private or parochial) or on school transportation is a misdemeanor of the first degree, unless it was for a supervised school activity or another lawful purpose. Bringing a 'dangerous weapon' into a court facility, which includes daggers and knives whose blade opens automatically by switch, push-button or spring, is a misdemeanor of the third degree (lockers must be provided). Carrying any weapon concealed with intent to use it criminally is a misdemeanor of the first degree.

Anyone 18 or older may buy, possess and use consumer fireworks. They may not be used on property without the owner's permission, from or toward a vehicle or building, toward another person, while under the influence of alcohol or drugs, or within 150 feet of a building or vehicle (whether or not the user owns it), and not within 150 feet of another person's animal housing or fenced livestock area. Municipalities may require a permit, add non-conflicting limits, and ban use from 10 p.m. to 10 a.m., except that use is allowed until 1 a.m. on July 2, 3 and 4 and December 31 (and around July 4 when it falls midweek), and they may not restrict use on those days or on Memorial Day and Labor Day weekends. Unlawful use is a summary offense with a fine of up to $500, or up to $1,000 for a repeat offense within three years; unlawful sale is a misdemeanor of the second degree with a fine of at least $10,000.

Kidnapping (unlawfully moving someone a substantial distance, or confining them for a substantial period in an isolated place, by force, threat or deception, to hold them for ransom or as a shield or hostage, to commit a felony, to injure or terrorize them, or to interfere with a government function) is a felony of the first degree (up to 20 years and $25,000), whether the victim is an adult or a minor; for a child under 14, taking the child without a parent's or guardian's consent can make it unlawful. Unlawful restraint (restraining someone in circumstances exposing them to risk of serious bodily injury, or holding them in involuntary servitude) is a first-degree misdemeanor, and false imprisonment (restraining someone so as to substantially interfere with their liberty) is a second-degree misdemeanor; both become second-degree felonies (up to 10 years) when the victim is under 18.

Pennsylvania calls this 'terroristic threats': communicating, directly or indirectly, a threat to commit a crime of violence intending to terrorize someone, or a threat to cause evacuation of a building, place of assembly or public transit facility, or otherwise to cause serious public inconvenience (or recklessly risking such terror or inconvenience). It is a first-degree misdemeanor (up to 5 years and $10,000), but a third-degree felony (up to 7 years and $15,000) if the threat causes the occupants of a building, place of assembly or transit facility to be diverted from their normal operations. The court must also order restitution for the cost of any evacuation.

Stealing a car, motorcycle, motorboat, airplane or other motor-propelled vehicle is theft graded as a felony of the third degree (up to 7 years and $15,000) regardless of value, or higher if the value reaches the general felony tiers ($100,000 or more is a second-degree felony; $500,000 or more first degree). Driving someone else's vehicle without the owner's consent ('unauthorized use of automobiles and other vehicles,' Pennsylvania's joyriding offense) is a second-degree misdemeanor (up to 2 years and $5,000); it is a defense that the driver reasonably believed the owner would have consented.

Receiving, keeping or getting rid of someone else's property knowing it was stolen, or believing it was probably stolen (unless intending to return it to the owner), is theft graded by value: under $50 is a third-degree misdemeanor and $50 to under $200 a second-degree misdemeanor (if not taken from a person, by threat or in breach of a fiduciary duty); other amounts up to $2,000 are a first-degree misdemeanor; over $2,000 a third-degree felony; $100,000 or more a second-degree felony; and $500,000 or more a first-degree felony. It is a third-degree felony regardless of value if the receiver is in the business of buying or selling stolen property, a second-degree felony if the property is a firearm, and a first-degree felony if a firearm is received by someone in that business.

Organized retail theft is organizing, coordinating, controlling, supervising, financing or managing an 'organized retail theft enterprise,' a group (formal or not) operating to commit retail theft or receive stolen merchandise with intent to resell it or put it back into commerce. It is graded by the retail value of stolen merchandise held by the enterprise: $2,500 to $9,999 is a third-degree felony (up to 7 years); $10,000 to $49,999 a second-degree felony (up to 10 years); and $50,000 or more a first-degree felony (up to 20 years). A 2023 law also created an Attorney General office for organized retail crime.

Manufacturing, delivering or possessing with intent to deliver a controlled substance (or a counterfeit one) without authorization is a felony graded by the drug: a Schedule I or II narcotic, up to 15 years and/or a fine up to $250,000 (or more to exhaust drug profits); methamphetamine or PCP, up to 10 years and/or $100,000; other Schedule I, II or III substances, up to 5 years and/or $15,000; Schedule IV, up to 3 years and/or $10,000; and Schedule V is a misdemeanor (up to 1 year and/or $5,000). The weight-based mandatory minimum sentences in 18 Pa.C.S. § 7508 (for example, cocaine 2 grams or more, heroin 1 gram or more, methamphetamine 5 grams or more, marijuana 2 pounds or more) remain printed in the code but were declared unconstitutional by the Pennsylvania Supreme Court in Commonwealth v. DiMatteo (2018), as noted on the official code page.

Getting possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge (for example, a forged prescription) is punished under the same schedule-based penalties as drug delivery: up to 15 years and/or $250,000 for a Schedule I or II narcotic, up to 10 years for methamphetamine or PCP, up to 5 years for other Schedule I-III drugs, up to 3 years for Schedule IV (all felonies), and up to 1 year (misdemeanor) for Schedule V.

Aggravated assault by vehicle (recklessly or with gross negligence causing serious bodily injury while violating a traffic law other than DUI) is a felony of the third degree (up to 7 years), with up to 2 extra years if it happened in an active work zone or while driving unlicensed or suspended, among other listed violations. Negligently causing serious bodily injury as a result of DUI ('aggravated assault by vehicle while driving under the influence') is a felony of the second degree (up to 10 years), with up to 2 extra years if the driver was also unlicensed or driving while suspended.

Driving in or taking part in any race, speed competition or contest, drag race or acceleration contest on a highway or trafficway carries a $500 fine for a first offense; a second or later offense carries a fine of up to $2,000 and/or up to 6 months in jail, and the vehicle can be impounded for up to 6 months. 'Drifting' (deliberately skidding the rear wheels through a turn) carries a $250 fine. Organizing or financing a race or drifting event with two or more people carries a $1,000 fine per vehicle, and is a third-degree felony if it causes serious bodily injury or death.

Operating or being in actual physical control of a boat while impaired, or with a blood alcohol concentration of 0.08% or more (0.02% for anyone under 21) within two hours, is a misdemeanor, with higher tiers at 0.10% and 0.16%. A first offense at the general level carries six months' probation, a $300 fine and a boating safety course; penalties rise with higher BAC, prior offenses and test refusal (for example, a first offense at the highest tier or with refusal requires at least 72 hours in jail and a $1,000 to $5,000 fine), and a third or later offense is a second-degree misdemeanor. Having a passenger under 18 is a first-degree misdemeanor. Causing serious bodily injury while boating under the influence is a second-degree felony, and causing death is a second-degree felony with a minimum three-year sentence.

Insurance fraud includes knowingly presenting false or misleading information in support of an insurance claim, helping someone else prepare one, knowingly benefiting from the proceeds of insurance fraud, lending or using insurance ID cards to make fraudulent claims, filing false motor vehicle insurance information with a government agency, and paid soliciting of claims. These offenses are felonies of the third degree (up to 7 years and $15,000) regardless of amount; certain related acts listed separately in the section are first-degree misdemeanors. The court may order restitution, and an insurer may sue for damages (treble damages for a pattern of violations).

Getting or trying to get public assistance or food stamps by a willful false statement, impersonation, willfully hiding a material eligibility fact, or other fraud (or helping someone else do so) is a third-degree felony (up to 7 years) if the amount is $1,000 or more, and a first-degree misdemeanor (up to 5 years) if it is $999 or less or only an attempt. The court must order repayment, which may continue past the maximum prison term, and prosecution must begin within four years. A person convicted is barred from cash assistance for 6 months after a first conviction, 12 months after a second, and permanently after a third.

Offering, giving or agreeing to give, or soliciting, accepting or agreeing to accept, any financial benefit in exchange for a public servant's, party official's or voter's decision, vote or exercise of discretion, any benefit for an official decision or vote in a judicial, administrative or legislative proceeding, or any benefit for violating a known legal duty as a public servant, is bribery, a felony of the third degree (up to 7 years and $15,000). It is no defense that the official had not yet taken office or lacked jurisdiction. Commercial bribery (an employee, agent or fiduciary taking a benefit to act against the employer, or offering one) is a second-degree misdemeanor.

Rape (sexual intercourse by forcible compulsion or threat, or with a person who is unconscious, drugged without their knowledge or unable to consent because of a mental disability) is a felony of the first degree (up to 20 years), and the court may add up to 10 years and $100,000 if the victim was secretly drugged to prevent resistance. Involuntary deviate sexual intercourse (oral or anal intercourse under the same circumstances) is also a first-degree felony. Sexual assault (intercourse or deviate intercourse without the person's consent) is a felony of the second degree (up to 10 years). Aggravated indecent assault (penetration with a body part or object under similar circumstances) is a second-degree felony, and indecent assault (unwanted sexual touching) is a first- or second-degree misdemeanor. Sex with a person under the age of consent is covered separately; see the age-of-consent page.

Rape of a child (sexual intercourse with a child under 13) and involuntary deviate sexual intercourse with a child under 13 are first-degree felonies with a maximum of 40 years; if the child suffers serious bodily injury, the maximum is life imprisonment. Aggravated indecent assault of a child under 13 (penetration with a body part or object under listed circumstances) is a felony of the first degree (up to 20 years). Indecent assault (sexual touching) of a child under 13 is a misdemeanor of the first degree, raised to a felony of the third degree (up to 7 years) for a repeat offense, a course of conduct, or contact with sexual or intimate parts.

Pennsylvania now calls this 'child sexual abuse material' and also covers artificially generated material (for example, AI or photo-edited images) that appears to authentically depict a child under 18. Knowingly possessing, controlling or intentionally viewing it, or distributing, selling or displaying it, is a felony of the third degree for a first offense (up to 7 years) and of the second degree for a repeat offense (up to 10 years). Causing or permitting a child under 18 to engage in a sexual act to be recorded, or recording it, is a felony of the second degree. Each of these is raised one grade if the material shows indecent contact with the child or a child under 10 or prepubescent. Sexual exploitation of children (procuring a child for such conduct) is a felony of the second degree.

Yes. Unlawful contact with a minor covers being intentionally in contact with a minor (including by phone, text or internet, and including an officer posing as a minor) for the purpose of committing a sexual offense, sexual abuse or exploitation of children, or similar listed offenses. It is graded the same as the most serious underlying offense, or as a felony of the third degree (up to 7 years), whichever is greater.

People convicted of listed sexual offenses are classified in tiers: Tier I registers for 15 years and appears in person every year, Tier II registers for 25 years and appears twice a year, and Tier III registers for life and appears every three months. Registrants must also appear in person within three business days to report changes such as name, residence, job, school enrollment, phone numbers, vehicles and email addresses. Failing to register, verify or report is a felony of the third degree for 15-year registrants (second degree for a repeat or for giving false information), and a felony of the second degree for 25-year and lifetime registrants (first degree for a repeat or for giving false information).

Pennsylvania's ban is based on a list of offenses rather than all felonies: people convicted (in Pennsylvania or elsewhere) of enumerated crimes such as murder, aggravated assault, rape, robbery, burglary, arson, kidnapping and stalking, or of a drug offense punishable by more than two years, may not possess, use, control, sell, transfer or make a firearm. A violation by such a person is a felony of the second degree (up to 10 years), or of the first degree (up to 20 years) with a prior violation or when the firearm was in the person's physical possession or control. The ban also covers fugitives, people with three DUIs in five years, certain protection-order defendants and others. A court must grant relief if the conviction was vacated, the person received a full governor's pardon, or (in the federal-relief route) 10 years have passed since the conviction.

Unlawful use of a computer (accessing or exceeding authorization to alter, damage or destroy a system, or to defraud; intentional unauthorized access; or giving out passwords or access codes without authorization), disruption of service such as denial-of-service attacks, computer theft of data, unlawful duplication of data or software, computer trespass and distributing a computer virus are each felonies of the third degree (up to 7 years). Unlawful duplication is raised one grade if the copied material is worth more than $2,500.

Pennsylvania is an all-party consent state. Under the Wiretapping and Electronic Surveillance Control Act, intercepting, disclosing or using a phone call, electronic communication or in-person (oral) conversation is a felony of the third degree (up to 7 years) unless an exception applies, and the general consent exception requires that all parties gave prior consent. An in-person conversation is protected only when the speaker had a justified expectation that it would not be intercepted. Narrow exceptions allow one-party consent for law enforcement with prosecutor approval and for certain customer-service monitoring.

Knowingly reporting to police an offense or incident that did not happen, or pretending to have information about an offense, is a misdemeanor of the third degree (up to 1 year). Giving police false information to implicate another person is a misdemeanor of the second degree (up to 2 years). Either is raised one grade if it diverts police resources during a declared state of emergency or concerns a false report of a stolen or lost firearm. Knowingly causing a false alarm of fire or another emergency to be sent to a public safety agency is a misdemeanor of the first degree (up to 5 years), or a felony of the third degree during a declared emergency.

Yes. Ethnic intimidation applies when a person commits certain other crimes (such as assault, threats, harassment, criminal mischief or trespass) with malicious intent toward the victim's race, color, religion or national origin. It is graded one degree higher than the underlying offense, or as a misdemeanor of the third degree if the underlying offense is a summary offense.

Pennsylvania still has parole, and the Pennsylvania Parole Board decides violations. A parolee convicted of a new crime punishable by imprisonment may have parole revoked at the Board's discretion and be recommitted to serve the rest of the term, generally without credit for time on parole (the Board may give credit except for violent or registrable sex offenses). For technical violations without a new conviction, the parolee may be detained and, after a hearing or waiver, recommitted, generally for up to 6 months for a first recommitment, 9 months for a second and 1 year for later ones, then automatically reparoled; certain sexual, assaultive or weapon violations or absconding require a state prison or county jail setting. A short swift-sanction detention of up to 7 days is also allowed, and revocation decisions may be appealed to the Board within 30 days.

Violating a Protection From Abuse order is punished as indirect criminal contempt. Police must arrest for a violation on probable cause and seize firearms used or threatened, and a hearing must be scheduled within 10 days. The sentence may include a fine of $300 to $1,000 plus imprisonment of up to six months, or the fine plus supervised probation of up to six months, along with other relief; on conviction the court must extend the order at the victim's request.

Murder is excluded from juvenile court, so a youth charged with murder starts in adult court. Youths 15 or older are also charged in adult court for listed violent crimes (such as rape, involuntary deviate sexual intercourse, robbery, kidnapping, certain aggravated assaults and voluntary manslaughter) committed with a deadly weapon, or after a prior delinquency adjudication for a listed crime. In those direct-file cases the youth can ask the adult court to transfer the case to juvenile court but must prove that transfer serves the public interest. For other felonies, a juvenile judge may transfer a youth who was 14 or older to adult court after a hearing, on a prima facie case and a finding that transfer serves the public interest, considering public safety, the victim, the offense and whether the youth is amenable to treatment as a juvenile.

Pennsylvania law has the death penalty for first-degree murder (and first-degree murder of a law enforcement officer): the sentence is death or life imprisonment, decided by the jury at a separate sentencing hearing. The statute sets lethal injection as the method. On February 16, 2023, Governor Josh Shapiro announced he will not issue any execution warrants during his term and asked the General Assembly to abolish the death penalty.

In Pennsylvania, only people currently confined in a correctional facility for a felony conviction (and not released before the next election) cannot register and vote. People with a felony conviction can vote once released, including while on probation or parole (even in a halfway house) and while under house arrest. A misdemeanor conviction does not affect voting, except a conviction for violating the Election Code within the last four years. There is no waiting period or application beyond registering.

Voting returns automatically on release from incarceration. Jury service is barred for anyone convicted of a crime punishable by more than one year in prison unless they have received a pardon or amnesty. People convicted of offenses listed in the firearms law (or a felony drug offense) may not possess firearms regardless of sentence length; a court of common pleas must grant relief if the conviction was vacated or received a full pardon from the Governor, or certain federal relief conditions are met. Possessing a firearm in violation of the ban after a listed felony is a felony of the second degree.

Pennsylvania's repeat violent offender law sets mandatory minimums for 'crimes of violence' (including third-degree murder, voluntary manslaughter, rape, aggravated assault causing or attempting serious injury, robbery and kidnapping, among others). A second crime of violence carries at least 10 years of total confinement; a third (after two prior convictions from separate transactions) carries at least 25 years, and the court may impose life without parole if 25 years is insufficient to protect the public. The maximum must be twice the mandatory minimum, and probation or a lesser sentence is not allowed.

Psilocybin and psilocyn are Schedule I controlled substances in Pennsylvania, and the state has no legal psilocybin program in the Controlled Substance, Drug, Device and Cosmetic Act. Knowingly possessing a controlled substance without a prescription is a misdemeanor punishable by up to 1 year in prison and/or a $5,000 fine; after a prior drug conviction under the Act, the maximum rises to 3 years and/or $25,000.

The minimum age to buy tobacco and vaping products (including e-cigarettes and other electronic nicotine delivery devices) in Pennsylvania is 21, or 18 for active-duty or reserve military members and honorably discharged veterans. Selling or furnishing them to an underage person is a summary offense with fines of $100 to $250 for a first offense, rising for repeats (retailers face up to $5,000 for a fourth offense). An underage person who buys or tries to buy tobacco, or lies about their age to get it, commits a summary offense punishable by up to 75 hours of community service, a tobacco cessation program and/or a fine of up to $200; it does not go on the person's criminal record.

Financial exploitation of a person 60 or older (or a care-dependent adult) by someone in a position of trust, such as a relative, caregiver, joint owner or agent under a power of attorney, is graded by amount: a misdemeanor of the first degree up to $2,000; a felony of the third degree above $2,000 and under $100,000; a felony of the second degree from $100,000 to under $500,000; and a felony of the first degree at $500,000 or more or when two or more victims lose property. A caretaker who causes bodily injury to a care-dependent adult by failing to provide needed care commits a misdemeanor of the first degree, which becomes a felony of the first degree if serious bodily injury or death results; endangering their welfare is a misdemeanor of the second degree, or a felony of the third degree for a course of conduct.

Pennsylvania calls voyeurism 'invasion of privacy.' It is a crime, for sexual gratification, to knowingly view, photograph, film or record a person who is fully or partly nude in a place where they expect privacy, or to record a person's intimate parts (even if clothed) that they do not intend to be publicly visible, without their knowledge and consent, or to send such images. One violation is a misdemeanor of the third degree (up to 1 year); more than one violation is a misdemeanor of the second degree (up to 2 years), and each victim counts as a separate violation.

Causing or attempting to cause bodily injury to a police officer, firefighter, sheriff, probation or parole officer, corrections employee or other listed public worker (including judges, prosecutors, public defenders, emergency medical personnel, teachers and other school employees, health care practitioners and public utility employees) in the performance of duty is aggravated assault, a felony of the second degree (up to 10 years); causing or attempting serious bodily injury to any of them (or to a public transportation employee) is a felony of the first degree (up to 20 years). Injuring a law enforcement officer by firing a gun is 'assault of a law enforcement officer,' a first-degree felony with up to 40 years, and throwing bodily fluids at an officer is a third-degree felony. By comparison, simple assault is usually a misdemeanor of the second degree (up to 2 years).