Pennsylvania Crimes Code

Section 106. Classes of Offenses.

(a) General rule - An offense defined by this title for
which a sentence of death or of imprisonment is authorized
constitutes a crime. The classes of crime are:

(l) Murder of the first degree or of the second degree.

(2) Felony of the first degree.

(3) Felony of the second degree.

(4) Felony of the third degree.

(5) Misdemeanor of the first degree.

(6) Misdemeanor of the second degree.

(7) Misdemeanor of the third degree.

(b) Classification of crimes -

(1) A crime is a murder of the first degree or of the
second degree if it is so designated in this title or if a
person convicted of criminal homicide may be sentenced in
accordance with the provisions of section 1102 of this
title (relating to sentence for murder).

(2) A crime is a felony of the first degree if it is so
designated in this title or if a person convicted thereof
may be sentenced to a term of imprisonment, the maximum of
which is more than ten years.

(3) A crime is a felony of the second degree if it is so
designated in this title or if a person convicted thereof
may be sentenced to a term of imprisonment, the maximum of
which is not more than ten years.

(4) A crime is a felony of the third degree if it is so
designated in this title or if a person convicted thereof
may be sentenced to a term of imprisonment, the maximum of
which is not more than seven years.

(5) A crime declared to be a felony, without
specification of degree, is of the third degree.

(6) A crime is a misdemeanor of the first degree if it
is so designated in this title or if a person convicted
thereof may be sentenced to a term of imprisonment, the
maximum of which is not more than five years.

(7) A crime is a misdemeanor of the second degree if it
is so designated in this title or if a person convicted
thereof may be sentenced to a term of imprisonment, the
maximum of which is not more than two years.

(8) A crime is a misdemeanor of the third degree if it
is so designated in this title or if a person convicted
thereof may be sentenced to a term of imprisonment, the
maximum of which is not more than one year.

(9) A crime declared to be a misdemeanor, without
specification of degree, is of the third degree.

(c) Summary offenses - An offense defined by this title
constitutes a summary offense if:

(1) it is so designated in this title, or in a statute
other than this title; or

(2) if a person convicted thereof may be sentenced to a
term of imprisonment, the maximum of which is not more than
90 days.

(d) Other crimes - Any offense declared by law to
constitute a crime, without specification of the class
thereof, is a misdemeanor of the second degree, if the
maximum sentence does not make it a felony under this
section.

(e) Section applicable to other statutes - An offense
hereafter defined by any statute other than this title
shall be classified as provided in this section.

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