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.