101 Pa. Code § 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.
Notes
This section cited in 101 Pa. Code §
25.22 (relating to elimination of
departures from uniform style of the
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