reglab/housing_qa huggingface dataset:
42 PA Cons Stat § 9720.2 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720.2 - Sentencing for trafficking of persons

§ 9720.2. Sentencing for trafficking of persons. Notwithstanding any other provision of law, a person who commits a violation of 18 Pa.C.S. § 3011 (relating to trafficking in individuals) or 3012 (relating to involuntary servitude) while violating:  (1) 18 Pa.C.S. § 2901 (relating to kidnapping); (2) 18 Pa.C.S. § 3121 (relating to rape); or (3) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse); shall be sentenced up to a maximum term of life imprisonment. (Nov. 9, 2006, P.L.1340, No.139, eff. 60 days; July 2, 2014, P.L.945, No.105, eff. 60 days)
42 PA Cons Stat § 9720.3 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720.3 - Sentencing for certain paroled offenders

§ 9720.3. Sentencing for certain paroled offenders. A person unlawfully present in the United States who is convicted in a court of this Commonwealth of an offense committed subsequent to being paroled under 61 Pa.C.S. § 6143 (relating to early parole of inmates subject to Federal removal order) may be imprisoned for a term up to twice the term of sentence otherwise authorized, fined an amount equal to twice the fine otherwise authorized or both.  (July 5, 2012, P.L.1050, No.122, eff. 60 days)   2012 Amendment. Act 122 added section 9720.3.  Cross References. Section 9720.3 is referred to in section 6143 of Title 61 (Prisons and Parole).
42 PA Cons Stat § 9720.4 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720.4 - Sentencing for offenses committed in association with a criminal gang

§ 9720.4. Sentencing for offenses committed in association with a criminal gang. (a) Sentencing enhancement.--In addition to any minimum term of imprisonment authorized or established by law for the offense, the Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for a crime of violence, as defined in section 9714(g) (relating to sentences for second and subsequent offenses) or a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, if the offense was knowingly committed at the direction of or for the purpose of benefiting, promoting or furthering the interests of a criminal gang.  (b) Definition.--As used in this section, the term "criminal gang" has the meaning given in 18 Pa.C.S. § 5131(e) (relating to recruiting criminal gang members).  (Oct. 25, 2012, P.L.1628, No.200, eff. 60 days)   2012 Amendment. Act 200 added section 9720.4.
42 PA Cons Stat § 9720.5 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720.5 - Sentencing for offenses involving sexual abuse of children

§ 9720.5. Sentencing for offenses involving sexual abuse of children. (a) General rule.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of children), specifying variations from the range of sentences applicable based on such aggravating circumstances as the age of the child or a determination of prepubescence, the number of images possessed by the defendant, if the child depicted is known to the defendant and the nature and character of the abuse depicted in the images.  (b) Other circumstances.--When a person commits an offense to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3) apply, the Pennsylvania Commission on Sentencing shall, in accordance with section 2154, provide for a sentence enhancement within its guidelines if indecent contact with the child as defined in 18 Pa.C.S. § 3101 (relating to definitions) is depicted and the child depicted is under 10 years of age or prepubescent.  (Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014; June 30, 2021, P.L.249, No.53, eff. 60 days)
42 PA Cons Stat § 9720.6 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720.6 - Sentencing for arson offenses

§ 9720.6. Sentencing for arson offenses. The Pennsylvania Commission on Sentencing shall provide for a sentencing enhancement for arson offenses if any of the following factors are present:  (1) bodily injury results to a firefighter, police officer or other person actively engaged in fighting the fire;  (2) serious bodily injury results to a civilian; (3) more than three people were present inside the property at the time of the offense; (4) the fire caused more than $1,000,000 in property damage; or (5) the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa.C.S. § 5515(a) (relating to prohibiting of paramilitary training).  (Feb. 25, 2014, P.L.33, No.16, eff. 60 days)   2014 Amendment. Act 16 added section 9720.6.
42 PA Cons Stat § 9720.7 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720.7 - Sentencing for burglary

§ 9720.7. Sentencing for burglary. The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 3502(a)(1)(i)(relating to burglary).  (Nov. 4, 2016, P.L.1194, No.158, eff. 60 days)   2016 Amendment. Act 158 added section 9720.7.
42 PA Cons Stat § 9720.8 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720.8 - Sentencing for offenses involving domestic violence in the presence of a minor

§ 9720.8. Sentencing for offenses involving domestic violence in the presence of a minor. (a) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2702 (relating to aggravated assault), specifying variations from the range of sentences applicable based on such aggravating circumstances as the assault was committed against a family or household member and the defendant knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the victim.  (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:  "Family or household member." The term shall have the same meaning as "family or household members" under 23 Pa.C.S. § 6102 (relating to definitions).  (Oct. 24, 2018, P.L.1145, No.157, eff. 60 days)   2018 Amendment. Act 157 added section 9720.8.
42 PA Cons Stat § 9722 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9722 - Order of probation

§ 9722. Order of probation. The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of an order of probation:  (1) The criminal conduct of the defendant neither caused nor threatened serious harm. (2) The defendant did not contemplate that his conduct would cause or threaten serious harm.  (3) The defendant acted under a strong provocation. (4) There were substantial grounds tending to excuse or justify the criminal conduct of the defendant, though failing to establish a defense.  (5) The victim of the criminal conduct of the defendant induced or facilitated its commission. (6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.  (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.  (8) The criminal conduct of the defendant was the result of circumstances unlikely to recur.  (9) The character and attitudes of the defendant indicate that he is unlikely to commit another crime.  (10) The defendant is particularly likely to respond affirmatively to probationary treatment. (11) The confinement of the defendant would entail excessive hardship to him or his dependents. (12) Such other grounds as indicate the desirability of probation.   Cross References. Section 9722 is referred to in section 9723 of this title.
42 PA Cons Stat § 9723 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9723 - Determination of guilt without further penalty

§ 9723. Determination of guilt without further penalty. If in the light of all the circumstances, probation would be appropriate under section 9722 (relating to order of probation), but it appears that probation is unnecessary, the court may impose a sentence of guilty without further penalty.   (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 PA Cons Stat § 9724 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9724 - Partial confinement

§ 9724. Partial confinement. If in the light of all the circumstances, and when facilities are available, probation would be inappropriate, but it further appears that a sentence of total confinement would not be required in accordance with the criteria established in section 9725 (relating to total confinement), the court may impose a sentence involving partial confinement.   (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)   Cross References. Section 9724 is referred to in section 9802 of this title.
42 PA Cons Stat § 9725 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9725 - Total confinement

§ 9725. Total confinement. The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant, it is of the opinion that the total confinement of the defendant is necessary because:  (1) there is undue risk that during a period of probation or partial confinement the defendant will commit another crime;  (2) the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or  (3) a lesser sentence will depreciate the seriousness of the crime of the defendant.   Cross References. Section 9725 is referred to in sections 9721, 9724, 9802 of this title.
42 PA Cons Stat § 9726 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9726 - Fine

 § 9726. Fine. (a) Fine only.--The court may, as authorized by law, sentence the defendant only to pay a fine, when, having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices.  (b) Fine as additional sentence.--The court may sentence the defendant to pay a fine in addition to another sentence, either involving total or partial confinement or probation, when:  (1) the defendant has derived a pecuniary gain from the crime; or (2) the court is of the opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the defendant.  (c) Exception.--The court shall not sentence a defendant to pay a fine unless it appears of record that:  (1) the defendant is or will be able to pay the fine; and (2) the fine will not prevent the defendant from making restitution or reparation to the victim of the crime.  (d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
42 PA Cons Stat § 9730.2 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9730.2 - Sentence of community service

§ 9730.2. Sentence of community service. A person sentenced to a term of supervised community service or required by a court or a paroling authority to participate in a public or nonprofit community service program may not purchase credit in lieu of performing the community service in any form, including:  (1) United States or foreign currency. (2) A money order. (3) A check. (4) A prepaid debit or credit card. (5) A gift card or certificate. (6) Any other means of remuneration. (Dec. 4, 2015, P.L.435, No.72, eff. 60 days)   2015 Amendment. Act 72 added section 9730.2.
42 PA Cons Stat § 9731 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9731 - Requirement for presentence investigation and report

§ 9731. Requirement for presentence investigation and report. Before sentencing any defendant to one year or longer, a presentence investigation and report shall be made, unless the sentence is death or a mandatory sentence to life imprisonment, or unless the court specifically orders to the contrary. The report shall be made within 30 days from the date of conviction of defendant or within such greater period of time as the court shall direct.    Suspension by Court Rule. Section 9731 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 PA Cons Stat § 9732 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9732 - Contents of presentence report

§ 9732. Contents of presentence report. The presentence report shall include a summary of the circumstances attending the commission of the crime, the history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation and personal habits of the defendant, any history of drug or alcohol abuse or addiction and any other matters that the person preparing the report deems relevant or that the court directs be included.   (June 18, 1998, P.L.640, No.84, eff. 60 days)   Suspension by Court Rule. Section 9732 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 PA Cons Stat § 9733 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9733 - General principles of disclosure of presentence report

§ 9733. General principles of disclosure of presentence report. The presentence report shall not be a public record. It shall be available only to the following persons or agencies under the conditions stated:  (1) The report shall be available to the court for the purpose of assisting it in determining the sentence.  (2) The report shall be available on court order to persons or agencies having a legitimate professional interest in the information likely to be contained in the report, as, for example:  (i) A physician or psychiatrist appointed to assist the court in sentencing. (ii) An examining facility. (iii) A correctional institution except that no court order is necessary under section 9759(c) (relating to documents transmitted to prison and parole authorities).  (iv) A department of probation or parole except that no court order is necessary under section 9759(c).  (3) The report shall be available to reviewing courts when relevant to an issue on which a request for review or an appeal has been taken.   (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)   1980 Amendment. Act 142 amended par. (2)(iii) and (iv).  Suspension by Court Rule. Section 9733 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 PA Cons Stat § 9734 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9734 - Disclosure of presentence report to the parties

 § 9734. Disclosure of presentence report to the parties. (a) General rule.--Before imposing sentence, the court shall afford counsel for the prosecution and the defense a reasonable opportunity to read but only in the discretion of the court to copy the presentence report.  (b) Restrictions on disclosure.--The court may in its discretion require counsel not to disclose specified parts of the report.    Suspension by Court Rule. Section 9734 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.  Cross References. Section 9734 is referred to in section 9759 of this title.
42 PA Cons Stat § 9735 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9735 - Objections to contents of presentence report

§ 9735. Objections to contents of presentence report. Each party shall prior to the imposition of sentence notify the opposing party and the court of any part of the report with which he differs, or of his intention to produce other reports or statements relating to the sentence. Upon such notice the court may conduct a presentence conference. A record of any stipulations agreed upon in the conference shall be made a part of the record of the sentencing proceeding.    Suspension by Court Rule. Section 9735 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 PA Cons Stat § 9736 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9736 - Report of psychiatric evaluation

§ 9736. Report of psychiatric evaluation. The court may order the defendant to submit to psychiatric observation and examination for a period not exceeding 60 days. The defendant may be remanded for this purpose to any available clinic or mental hospital or other institution or the court may appoint a qualified psychiatrist to make the examination.    Suspension by Court Rule. Section 9736 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 PA Cons Stat § 9737 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9737 - Report of outstanding charges and sentences

§ 9737. Report of outstanding charges and sentences. The court shall order that an appropriate agency shall determine all criminal charges brought in any court against the defendant and report to the court on the status or the disposition of such charges. The court shall also be informed if the defendant is then serving any term of imprisonment, or is on probation or parole with reference to any such charges, or is entitled to credit for any time in accordance with section 9760 (relating to credit for time served).   (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)   Cross References. Section 9737 is referred to in section 9760 of this title.
42 PA Cons Stat § 9738 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9738 - Victim impact statements

§ 9738. Victim impact statements. (a) General rule.--Notwithstanding any other statute, rule or provision of law to the contrary, in the trial of a defendant accused of an offense, including an offense subject to sentence under section 9711 (relating to sentencing procedure for murder of the first degree), a court shall not order the exclusion of any victim of the offense from the trial on the basis that the victim may, during the sentencing phase of the proceedings:  (1) make a victim impact statement or present any victim impact information in relation to the sentence to be imposed on the defendant; or  (2) testify as to the effect of the offense on the victim or the family of the victim. (b) Definition.--As used in this section, the term "victim" shall mean a "victim" as defined in:  (1) 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property); or (2) 18 Pa.C.S. § 3001 (relating to definitions). (June 25, 1997, P.L.293, No.28, eff. imd.; July 2, 2014, P.L.945, No.105, eff. 60 days; Oct. 24, 2018, P.L.891, No.145, eff. imd.)    2018 Amendment. Act 145 amended subsec. (b).  1997 Amendment. Act 28 added section 9738.
42 PA Cons Stat § 9751 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9751 - Sentencing judge

§ 9751. Sentencing judge. The judge who presided at the trial or who received the plea of the defendant shall impose the sentence unless there are compelling reasons that preclude his presence.    Suspension by Court Rule. Section 9751 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 PA Cons Stat § 9752 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9752 - Sentencing proceeding generally

 § 9752. Sentencing proceeding generally. (a) General rule.--As soon as practicable after the determination of guilt and the examination of any presentence report, a proceeding shall be held at which the court shall:  (1) Entertain submissions by the parties on the facts relevant to the sentence, including any facts with respect to negotiated pleas, as to the nature of the sentence.  (2) Afford to the defendant the right to make a statement. (3) Hear argument by the defense on the applicability of the various sentencing alternatives to the facts of the case, and may hear argument by the prosecution.  (b) Evidence.--Where the need for further evidence has not been eliminated by a presentence conference, evidence offered by the parties on the sentencing issue shall be presented in open court with the rights of confrontation, cross-examination, and representation by counsel.    Suspension by Court Rule. Section 9752 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.  Cross References. Section 9752 is referred to in section 4505 of Title 61 (Prisons and Parole).
42 PA Cons Stat § 9753 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9753 - Determination of guilt without further penalty

§ 9753. Determination of guilt without further penalty. The court may impose a sentence determining guilt without further penalty.