Pennsylvania
Pennsylvania state laws, regulations, court decisions, and active legislation
Overview
Pennsylvania's legal system is one of the oldest in the nation, with legal traditions dating to William Penn's founding. The state occupies a unique position in American law, with Philadelphia serving as the birthplace of the Constitution and a major center for legal education. Pennsylvania's legal landscape includes strict DUI laws with a three-tier system, a medical marijuana program, and a school funding system recently ruled unconstitutional.
The state's legal framework reflects a moderate orientation, with concealed carry licenses required for handguns but no assault weapons ban, a medical marijuana program without recreational legalization, and tenant protections that vary significantly between Philadelphia and the rest of the state. Pennsylvania's Clean Slate law for automatic record sealing has been a national model.
Court Structure
Pennsylvania's court system includes magisterial district courts, the Municipal Court of Philadelphia, Courts of Common Pleas (general jurisdiction trial courts in 60 judicial districts), the Superior Court (intermediate appellate court for most appeals), the Commonwealth Court (handling cases involving the state government), and the Supreme Court of Pennsylvania. All appellate and Supreme Court judges are elected in partisan elections for 10-year terms.
Unique Laws & Facts
- •Pennsylvania uses a three-tier DUI system based on BAC level (general, high, highest)
- •The state's Clean Slate law automatically seals certain criminal records — a national model
- •Pennsylvania's school funding system was ruled unconstitutional in 2023
- •The state has a unique Commonwealth Court for cases involving state government
- •Pennsylvania is a 'judicial hellhole' frequent target for tort reform advocates
Legal Landscape
Pennsylvania's legal landscape combines its historic role in American constitutionalism with modern challenges in school funding equity, criminal justice reform, and environmental regulation. The state's diverse geography and population create significant legal variation between urban Philadelphia and Pittsburgh and rural areas.
Key Pennsylvania Laws (25)
Driving Under the Influence (DUI) – Tiered System
Pennsylvania uses a tiered DUI system: General (0.08%+), High (0.10%+), and Highest (0.16%+) with escalating penalties. Third offense at any level is a first-degree misdemeanor with 1-5 years. ARD diversion available for first offenders. 10-year lookback applies.
Firearms – License to Carry and Regulations
Pennsylvania requires a license for concealed carry, issued by the county sheriff within 45 days. Open carry is legal without a license except in Philadelphia. There is no assault weapons ban or magazine limit. All handgun sales require background checks, including private transfers.
Landlord and Tenant Act – Security Deposits
Pennsylvania limits security deposits to two months' rent in the first year and one month's rent thereafter. Deposits must be returned within 30 days with an itemized damage list. Willful failure to return a deposit results in double liability. Interest accrues after 25 months.
Medical Marijuana Act (Act 16)
Pennsylvania's medical marijuana program allows patients with qualifying conditions to purchase up to a 90-day supply from licensed dispensaries. Smokable flower is permitted. Home cultivation is prohibited. Patients have some employment protections but recreational marijuana remains illegal.
Unfair Trade Practices and Consumer Protection Law
Pennsylvania's consumer protection law bans deceptive trade practices. AG can impose $1,000 per violation ($3,000 against seniors). Consumers can recover actual damages or $100 minimum, treble damages for intentional violations. Private plaintiffs must prove justifiable reliance.
Driving Under the Influence of Alcohol or Controlled Substance
Pennsylvania uses a three-tier DUI system: general impairment (0.08-0.099), high rate (0.10-0.159), and highest rate (0.16+). Penalties increase with BAC level and prior offenses. Ignition interlock devices are mandatory for repeat and high-BAC offenders.
Simple Assault
Pennsylvania simple assault covers intentionally, knowingly, or recklessly causing bodily injury. It is a second-degree misdemeanor with up to 2 years prison. Mutual combat reduces it to third-degree. Assault on a child under 12 is a first-degree misdemeanor.
Aggravated Assault
Pennsylvania aggravated assault involves causing or attempting serious bodily injury with extreme disregard for life. First-degree felony with up to 20 years when targeting protected persons or causing serious injury. Otherwise a second-degree felony (up to 10 years).
Drug Possession
Pennsylvania drug possession is an ungraded misdemeanor for first offenses (up to 1 year jail). Small amounts of marijuana (30g or less) carry lighter penalties. Some cities have decriminalized marijuana locally. Medical marijuana is legal but recreational is not.
Theft by Unlawful Taking
Pennsylvania theft is graded by value: under $50 is third-degree misdemeanor, $200-$2,000 is first-degree misdemeanor, and over $2,000 is a third-degree felony (up to 7 years). Firearms and motor vehicle theft carry higher felony charges.
Grounds for Divorce
Pennsylvania allows no-fault divorce with mutual consent after a 90-day wait, or without consent after one year of separation. Fault grounds include adultery, desertion, and cruelty. Property is divided through equitable distribution.
Factors in Custody Determination
Pennsylvania uses 16 factors for custody decisions focusing on the child's best interests, including which parent encourages contact with the other, abuse history, stability, and the child's preference. No presumption favors any specific custody arrangement.
Child Support Guidelines
Pennsylvania uses an income shares model for child support based on both parents' combined net income. Parents with 40% or more overnight custody get a reduction. Guidelines are a rebuttable presumption. Support lasts until 18 or high school graduation.
Minimum Wage
Pennsylvania's minimum wage is $7.25/hour, matching the federal rate with no state increase since 2009. Tipped employees can be paid $2.83/hour cash. The state preempts most local minimum wage ordinances. Standard overtime rules apply.
At-Will Employment
Pennsylvania is an at-will state with a narrow public policy exception for terminations violating clear public policy. Statutory protections exist against discrimination for employers with 4+ employees. Implied contract claims from handbooks are narrowly recognized.
Wage Payment and Collection Law
Pennsylvania requires employers to pay all earned wages on regular paydays and by the next payday after separation. Unpaid wage claims can recover the amount owed plus 25% liquidated damages and attorney fees. Unauthorized deductions are prohibited.
Landlord and Tenant Act — Security Deposits
Pennsylvania limits security deposits to 2 months' rent in year one, then 1 month. After 2 years, deposits must earn interest. Landlords must return deposits within 30 days with an itemized list. Failure results in double deposit penalty.
Eviction Notice — Landlord and Tenant Act
Pennsylvania requires 10-day notice for nonpayment eviction (leases under 1 year) and 15 days for longer leases. Month-to-month termination requires 15 days' notice. Self-help evictions are illegal. Tenants have 10 days to appeal eviction orders.
Formation of Limited Liability Companies
Pennsylvania LLCs are formed by filing a certificate of organization with the Department of State. No annual reports are required. Members have limited liability. Pass-through income is subject to Pennsylvania personal income tax.
Unfair Trade Practices and Consumer Protection Law
Pennsylvania prohibits deceptive trade practices including false advertising and bait-and-switch. Consumers can recover actual damages or $100 minimum, with treble damages for intentional violations plus attorney fees. The AG can pursue injunctions and penalties.
Automobile Lemon Law
Pennsylvania's lemon law covers new vehicles with warranty defects unrepaired after three attempts or 30 days out of service. Consumers must notify the manufacturer before seeking arbitration or court action. Remedies include replacement or refund minus use allowance.
Intestate Succession — Share of Surviving Spouse
Pennsylvania intestate succession gives the surviving spouse the first $30,000 plus half the remainder when there are shared children. With non-shared children, the spouse gets half. Pennsylvania imposes an inheritance tax with rates based on the beneficiary's relationship.
Form and Execution of Wills
Pennsylvania wills must be written and signed at the end. Uniquely, two witnesses are not strictly required if the signature is proven genuine, though witnesses are recommended. The testator must be 18 and of sound mind. Wills are filed with the county Register of Wills.
Maximum Speed Limits
Pennsylvania speed limits default to 65 mph on interstates, 55 on highways, 35 in urban areas, and 25 in residential zones. Some interstates allow 70 mph. Exceeding 31+ mph over triggers mandatory hearings. Six points on record prompt a PennDOT warning.
Magisterial District Court — Small Claims
Pennsylvania magisterial district courts handle small claims up to $12,000 with simplified procedures. Hearings occur within 30-60 days. Either party can appeal for a new trial in the Court of Common Pleas within 30 days.
Pending Legislation (1)
Minimum Wage Increase Act
Raises Pennsylvania minimum wage from $7.25 to $15 per hour over three years.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.