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 Statutes).
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