Current through Register Vol. 54, No. 49, December 7, 2024
Section 23.114 - Defining offenses(a)Background.-Normally, an offense is classified as a felony, misdemeanor or summary offense and is accompanied by a sentence consisting of imprisonment, payment of a fine or both. However, 18 Pa.C.S. § 106(e) (relating to classes of offenses) provides that an offense defined by any statute, including any other titles of the Statutes, shall be classified as provided in 18 Pa.C.S. § 106. Furthermore, 18 Pa.C.S. § 107 (relating to application of preliminary provisions) provides that the provisions of Part I of Title 18 of the Statutes (relating to preliminary provisions) are applicable to offenses defined in Title 18 or other statutes, including any other title of the Statutes. This means that when an offense is classified as a summary offense or a particular grade of a felony or misdemeanor, the fines and sentences of imprisonment provided in Chapter 11 of Title 18 of the Statutes (relating to authorized disposition of offenders) automatically apply unless a different fine or sentence of imprisonment is prescribed in the statute defining the offense.(b)General rule.-When defining an offense in any title of the Statutes, it is sufficient merely to classify it (e.g., felony of the first degree, etc.) according to the provisions of 18 Pa.C.S. § 106 (relating to classes of offenses) without setting forth the fine or sentence of imprisonment except when a minimum or different fine or term of imprisonment is intended for the particular offense. Bills drafted by the Bureau will always so classify an offense unless a nonstandard penalty is insisted upon by a member. This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).