Section 9718.3 - Sentence for failure to comply with registration of sexual offenders(a) Mandatory sentenceMandatory sentencing shall be as follows: (1) Sentencing upon conviction for a first offense shall be as follows:(i) Not less than two years for an individual who:(A) was subject to section 9795.1(a) or (a.1) (relating to registration) or a similar provision from another jurisdiction or former section 9793 (relating to registration of certain offenders for ten years); and(B) violated 18 Pa.C.S. § 4915(a)(1) or (2) (relating to failure to comply with registration of sexual offenders requirements).(ii) Not less than three years for an individual who: (A) was subject to section 9795.1(a) or (a.1) or a similar provision from another jurisdiction or former section 9793; and(B) violated 18 Pa.C.S. § 4915(a)(3).(iii) Not less than three years for an individual who:(A) was subject to section 9795.1(b) or a similar provision from another jurisdiction; and(B) violated 18 Pa.C.S. § 4915(a)(1) or (2).(iv) Not less than five years for an individual who:(A) was subject to section 9795.1(b) or a similar provision from another jurisdiction; and(B) violated 18 Pa.C.S. § 4915(a)(3).(2) Sentencing upon conviction for a second or subsequent offense shall be as follows: (i) Not less than five years for an individual who:(A) was subject to section 9795.1 or a similar provision from another jurisdiction or former section 9793; and(B) violated 18 Pa.C.S. § 4915(a)(1) or (2).(ii) Not less than seven years for an individual who:(A) was subject to section 9795.1 or a similar provision from another jurisdiction or former section 9793; and(B) violated 18 Pa.C.S. § 4915(a)(3).(b) Proof at sentencingThe provisions of this section shall not be an element of the crime, and notice thereof 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.(c) Authority of court in sentencingThere 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 such 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.(d) Appeal by CommonwealthIf 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.2006, Nov. 29, P.L. 1567, No. 178, § 5, effective 1/1/2007. Amended 2008, Sept. 25, P.L. 1026, No. 81, §5, effective in 60 days [ 11/24/2008]; 2011, Dec. 20, P.L. 446, No. 111, §5, effective in 60 days [ 2/21/2012].