Criminal penalties in Pennsylvania
Checked in October 2026 against the Pennsylvania Consolidated Statutes, Titles 18 and 75.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Pennsylvania sets penalties
- Pennsylvania grades offences as felonies (first, second and third degree) and misdemeanors (first, second and third degree). The court may sentence to a term fixed at not more than 20 years for a felony of the first degree, 10 years for the second degree and 7 years for the third degree (18 Pa.C.S. § 1103), and to not more than 5 years, 2 years and 1 year for the three grades of misdemeanor (§ 1104).
- Murder has three degrees (18 Pa.C.S. § 2502). First degree is an intentional killing and carries death or life imprisonment (§ 1102(a)). Second degree is a killing while engaged in the perpetration of a felony and carries life imprisonment (§ 1102(b)). Third degree is all other murder, a felony of the first degree, and carries a term fixed by the court at not more than 40 years (§ 1102(d)).
- Pennsylvania courts also set a minimum term of up to half the maximum, and repeat offences and weapons carry mandatory minimums in Title 42. Those rules and the fines in § 1101 were not read for this table.
- Theft is graded by value: more than $2,000 (or a motor vehicle) is a third-degree felony, $200 or more but not above $2,000 is a first-degree misdemeanor, $50 to under $200 a second-degree misdemeanor, and under $50 a third-degree misdemeanor, subject to exceptions in § 3903.
- This table shows first-offence ranges.
Death penalty: Yes. A person convicted of murder of the first degree is sentenced to death or to a term of life imprisonment, under the sentencing procedure of 42 Pa.C.S. § 9711 (18 Pa.C.S. § 1102(a)).
First-degree murder
Death or life imprisonment
Murder of the first degree: an intentional killing (Murder of the first degree)
- Least
- Life imprisonment
- Most
- Death
The sentence is death or life imprisonment, under the procedure of 42 Pa.C.S. § 9711.
Second-degree murder
Life imprisonment (second degree); up to 40 years (third degree)
Murder of the third degree: all other kinds of murder (Murder of the third degree (a felony of the first degree))
- Least
- No minimum term set by the statute
- Most
- 40 years
Murder of the second degree: a killing while engaged in the perpetration of a felony (Murder of the second degree)
- Least
- Life imprisonment
- Most
- Life imprisonment
Voluntary manslaughter
A misdemeanor of the first degree (involuntary) up to a felony of the first degree (voluntary)
Involuntary manslaughter (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- 5 years
It is a felony of the second degree where the victim is under 12 and in the care, custody or control of the person who caused the death.
Voluntary manslaughter: killing under sudden and intense passion resulting from serious provocation, or under an unreasonable belief in the need for deadly force (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Robbery
A felony of the third degree up to a felony of the first degree
Robbery under subsection (a)(1)(v) (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- 7 years
Robbery under subsection (a)(1)(iv) or (vi) (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- 10 years
Robbery (all other forms not listed above, under § 3701(a)(1)) (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Burglary
A felony of the second degree up to a felony of the first degree
Burglary under subsection (a)(4), unless the heavier rule in § 3502(c)(2)(ii) applies (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- 10 years
Burglary (all other cases) (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Arson
A felony of the first degree
Arson endangering persons: intentionally starting a fire or explosion with the purpose of destroying a building or occupied structure, or where there is a risk of death or bodily injury (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Aggravated arson (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Aggravated assault
A felony of the second degree up to a felony of the first degree
Aggravated assault under subsection (a)(3), (4), (5), (6), (7) or (8) (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- 10 years
Aggravated assault under subsection (a)(1), (2) or (9): causing or attempting to cause serious bodily injury, among others (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Rape and sexual assault
A felony of the first degree (up to 20 years); up to 40 years (rape of a child); up to life (rape of a child with serious bodily injury)
Rape: sexual intercourse by forcible compulsion, by threat of forcible compulsion, or in the other circumstances listed in § 3121(a) (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Rape of a child (a complainant under 13) (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 40 years
Rape of a child resulting in serious bodily injury (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Kidnapping
A felony of the first degree
Kidnapping: unlawfully removing a person a substantial distance, or confining them for a substantial period, for a listed purpose (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Embezzlement
A misdemeanor of the third degree (under $50) up to a felony of the first degree ($500,000 or more)
Theft of less than $50 (Misdemeanor of the third degree)
- Least
- No minimum term set by the statute
- Most
- 1 year
Theft of $50 or more but less than $200 (Misdemeanor of the second degree)
- Least
- No minimum term set by the statute
- Most
- 2 years
Theft not within the other grades (generally $200 up to $2,000), or any theft taken from the person or by threat or breach of a fiduciary obligation (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- 5 years
Theft of more than $2,000, or of a motor vehicle (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- 7 years
Theft of $100,000 or more but less than $500,000, or of a firearm (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- 10 years
Theft of $500,000 or more (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Pennsylvania punishes embezzlement as theft (for example theft by failure to make required disposition of funds). Theft is graded by value (18 Pa.C.S. § 3903). Breach of a fiduciary obligation raises the grade of lesser thefts to a first-degree misdemeanor.
Forgery
A misdemeanor of the first degree up to a felony of the second degree
Forgery of a writing that is not a government instrument, a security or a legal document (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- 5 years
Forgery of a will, deed, contract, release, commercial instrument or other document affecting legal relations (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- 7 years
Forgery of money, securities, postage or revenue stamps or other instruments issued by the government, or stock, bonds or other instruments representing interests in property or an enterprise (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- 10 years
Drunk driving, first offence
At least 6 months' probation and a $300 fine (lowest blood alcohol level); at least 48 hours in jail and $500 to $5,000 (middle level)
DUI, general impairment (0.08 to under 0.10), first offence (Ungraded misdemeanor)
- Least
- 6 months' probation (mandatory minimum)
- Most
- Maximum set in 75 Pa.C.S. § 3803 (not read)
- Fine
- $300
DUI, high rate of alcohol (0.10 to under 0.16), first offence (Ungraded misdemeanor)
- Least
- 48 consecutive hours in jail (mandatory minimum)
- Most
- Maximum set in 75 Pa.C.S. § 3803 (not read)
- Fine
- $500 to $5,000
Pennsylvania grades DUI by blood alcohol level. For a first offence at the general impairment level (0.08 to under 0.10), the sentence is a mandatory minimum of six months' probation, a $300 fine, an alcohol highway safety school and treatment (75 Pa.C.S. § 3804(a)(1)). At a blood alcohol of 0.10 to under 0.16 the first offence carries imprisonment of at least 48 consecutive hours and a fine of $500 to $5,000 (§ 3804(b)(1)). The highest tier was not read. The maximum term for a first offence is set in § 3803, which was not read.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Montana, Idaho, New Hampshire, Rhode Island, Colorado, Illinois, Connecticut.
