TABLE OF CONTENTS

TITLE 18

CRIMES AND OFFENSES

PART I. PRELIMINARY PROVISIONS

Chapter 1. General Provisions

§ 101. Short title of title.

§ 102. Territorial applicability.

§ 103. Definitions.

§ 104. Purposes.

§ 105. Principles of construction.

§ 106. Classes of offenses.

§ 107. Application of preliminary provisions.

§ 108. Time limitations.

§ 109. When prosecution barred by former prosecution for the same offense.

§ 110. When prosecution barred by former prosecution for different offense.

§ 111. When prosecution barred by former prosecution in another jurisdiction.

§ 112. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant.

Chapter 3. Culpability

§ 301. Requirement of voluntary act.

§ 302. General requirements of culpability.

§ 303. Causal relationship between conduct and result.

§ 304. Ignorance or mistake.

§ 305. Limitations on scope of culpability requirements.

§ 306. Liability for conduct of another; complicity.

§ 307. Liability of organizations and certain related persons.

§ 308. Intoxication or drugged condition.

§ 309. Duress.

§ 310. Military orders.

§ 311. Consent.

§ 312. De minimis infractions.

§ 313. Entrapment.

§ 314. Guilty but mentally ill.

§ 315. Insanity.

Chapter 5. General Principles of Justification

§ 501. Definitions.

§ 502. Justification a defense.

§ 503. Justification generally.

§ 504. Execution of public duty.

§ 505. Use of force in self-protection.

§ 506. Use of force for the protection of other persons.

§ 507. Use of force for the protection of property.

§ 508. Use of force in law enforcement.

§ 509. Use of force by persons with special responsibility for care, discipline or safety of others.

§ 510. Justification in property crimes.

Chapter 7. Responsibility (Reserved)

Chapter 9. Inchoate Crimes

§ 901. Criminal attempt.

§ 902. Criminal solicitation.

§ 903. Criminal conspiracy.

§ 904. Incapacity, irresponsibility or immunity of party to solicitation or conspiracy.

§ 905. Grading of criminal attempt, solicitation and conspiracy.

§ 906. Multiple convictions of inchoate crimes barred.

§ 907. Possessing instruments of crime.

§ 908. Prohibited offensive weapons.

§ 908.1. Use or possession of electric or electronic incapacitation device.

§ 909. Manufacture, distribution or possession of master keys for motor vehicles.

§ 910. Manufacture, distribution, use or possession of devices for theft of telecommunications services.

§ 911. Corrupt organizations.

§ 912. Possession of weapon on school property.

§ 913. Possession of firearm or other dangerous weapon in court facility.

Chapter 11. Authorized Disposition of Offenders

§ 1101. Fines.

§ 1102. Sentence for murder, murder of unborn child and murder of law enforcement officer.

§ 1102.1. Sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer.

§ 1103. Sentence of imprisonment for felony.

§ 1104. Sentence of imprisonment for misdemeanors.

§ 1105. Sentence of imprisonment for summary offenses.

§ 1106. Restitution for injuries to person or property.

§ 1107. Restitution for theft of timber.

§ 1107.1. Restitution for identity theft.

§ 1108. District attorneys' standing and interest in prisoner litigation.

§ 1109. Costs.

§ 1110. Restitution for cleanup of clandestine laboratories.

§ 1111. Accelerated Rehabilitative Disposition prohibited.

Chapter 13. Authority of Court in Sentencing (Transferred)

Subchapter A. General Provisions (Transferred)

§ 1301 (Transferred).

Subchapter B. Sentencing Authority (Transferred)

§ 1311 & § 1312 (Transferred).

Subchapter C. Sentencing Alternatives (Transferred)

§ 1321 - § 1326 (Transferred).

Subchapter D. Informational Basis of Sentence (Transferred)

§ 1331 - § 1337 (Transferred).

Subchapter E. Imposition of Sentence (Transferred)

§ 1351 - § 1362 (Transferred).

Subchapter F. Further Judicial Action (Transferred)

§ 1371 & § 1372 (Transferred).

Subchapter G. Pennsylvania Commission on Sentencing (Repealed or Transferred)

§ 1381 - § 1385 (Repealed).

§ 1386 (Transferred).

PART II. DEFINITION OF SPECIFIC OFFENSES

ARTICLE A. OFFENSES AGAINST EXISTENCE OR

STABILITY OF GOVERNMENT

Chapter 21. Offenses Against the Flag

§ 2101. Display of flag at public meetings.

§ 2102. Desecration of flag.

§ 2103. Insults to national or Commonwealth flag.

ARTICLE B. OFFENSES INVOLVING DANGER

TO THE PERSON

Chapter 23. General Provisions

§ 2301. Definitions.

Chapter 25. Criminal Homicide

§ 2501. Criminal homicide.

§ 2502. Murder.

§ 2503. Voluntary manslaughter.

§ 2504. Involuntary manslaughter.

§ 2505. Causing or aiding suicide.

§ 2506. Drug delivery resulting in death.

§ 2507. Criminal homicide of law enforcement officer.

Chapter 26. Crimes Against Unborn Child

§ 2601. Short title of chapter.

§ 2602. Definitions.

§ 2603. Criminal homicide of unborn child.

§ 2604. Murder of unborn child.

§ 2605. Voluntary manslaughter of unborn child.

§ 2606. Aggravated assault of unborn child.

§ 2607. Culpability.

§ 2608. Nonliability and defenses.

§ 2609. Construction.

Chapter 27. Assault

§ 2701. Simple assault.

§ 2702. Aggravated assault.

§ 2702.1. Assault of law enforcement officer.

§ 2703. Assault by prisoner.

§ 2703.1. Aggravated harassment by prisoner.

§ 2704. Assault by life prisoner.

§ 2705. Recklessly endangering another person.

§ 2706. Terroristic threats.

§ 2707. Propulsion of missiles into an occupied vehicle or onto a roadway.

§ 2707.1. Discharge of a firearm into an occupied structure.

§ 2707.2. Paintball guns and paintball markers.

§ 2708. Use of tear or noxious gas in labor disputes.

§ 2709. Harassment.

§ 2709.1. Stalking.

§ 2710. Ethnic intimidation.

§ 2711. Probable cause arrests in domestic violence cases.

§ 2712. Assault on sports official.

§ 2713. Neglect of care-dependent person.

§ 2713.1. Abuse of care-dependent person.

§ 2714. Unauthorized administration of intoxicant.

§ 2715. Threat to use weapons of mass destruction.

§ 2716. Weapons of mass destruction.

§ 2717. Terrorism.

§ 2718. Strangulation.

Chapter 28. Antihazing

§ 2801. Definitions.

§ 2802. Hazing.

§ 2803. Aggravated hazing.

§ 2804. Organizational hazing.

§ 2805. Institutional hazing.

§ 2806. Defenses prohibited.

§ 2807. Forfeiture.

§ 2808. Enforcement by institution and secondary school.

§ 2809. Institutional reports.

§ 2810. Safe harbor.

§ 2811. Civil remedies.

Chapter 29. Kidnapping

§ 2901. Kidnapping.

§ 2902. Unlawful restraint.

§ 2903. False imprisonment.

§ 2904. Interference with custody of children.

§ 2905. Interference with custody of committed persons.

§ 2906. Criminal coercion.

§ 2907. Disposition of ransom.

§ 2908. Missing children.

§ 2909. Concealment of whereabouts of a child.

§ 2910. Luring a child into a motor vehicle or structure.

Chapter 30. Human Trafficking

Subchapter A. General Provisions

§ 3001. Definitions.

Subchapter B. Prosecution of Human Trafficking

§ 3011. Trafficking in individuals.

§ 3012. Involuntary servitude.

§ 3013. Patronizing a victim of sexual servitude.

§ 3014. Unlawful conduct regarding documents.

§ 3015. Nonpayment of wages.

§ 3016. Obstruction of justice.

§ 3017. Violation by business entities.

§ 3018. Evidence and defenses to human trafficking.

§ 3019. Victim protection during prosecution.

§ 3020. Restitution.

§ 3021. Asset forfeiture.

§ 3022. Professional licenses.

§ 3023. Cumulative remedies.

§ 3024. Sentencing.

§ 3025. Data collection.

§ 3026. Concurrent jurisdiction.

Subchapter C. Prevention of Human Trafficking

§ 3031. Grants.

§ 3032. (Reserved).

Subchapter D. Protection of Victims of Human Trafficking

§ 3051. Civil causes of action.

§ 3052. Protection of victims.

§ 3053. Appropriate implementation for minor victims of human trafficking (Repealed).

§ 3054. Services.

§ 3055. Victims in shelters.

§ 3056. Special relief to restore victim's dignity and autonomy.

Subchapter D.1. Safe Harbor for Sexually Exploited Children

§ 3061. Statewide protocol.

§ 3062. Specialized services for sexually exploited children.

§ 3063. Law enforcement training.

§ 3064. Safe Harbor for Sexually Exploited Children Fund.

§ 3065. Safe harbor for sexually exploited children.

Subchapter E. Miscellaneous Provisions

§ 3071. Funding.

§ 3072. Nonexclusivity.

Chapter 31. Sexual Offenses

Subchapter A. General Provisions

§ 3101. Definitions.

§ 3102. Mistake as to age.

§ 3103. Spouse relationships (Repealed).

§ 3104. Evidence of victim's sexual conduct.

§ 3105. Prompt complaint.

§ 3106. Testimony of complainants.

§ 3107. Resistance not required.

Subchapter B. Definition of Offenses

§ 3121. Rape.

§ 3122. Statutory rape (Repealed).

§ 3122.1. Statutory sexual assault.

§ 3123. Involuntary deviate sexual intercourse.

§ 3124. Voluntary deviate sexual intercourse (Repealed).

§ 3124.1. Sexual assault.

§ 3124.2. Institutional sexual assault.

§ 3124.3. Sexual assault by sports official, volunteer or employee of nonprofit association.

§ 3125. Aggravated indecent assault.

§ 3126. Indecent assault.

§ 3127. Indecent exposure.

§ 3128. Spousal sexual assault (Repealed).

§ 3129. Sexual intercourse with animal.

§ 3130. Conduct relating to sex offenders.

§ 3131. Unlawful dissemination of intimate image.

§ 3132. Female mutiliation.

§ 3133. Sexual extortion.

Subchapter C. Loss of Property Rights

§ 3141. General rule.

§ 3142. Process and seizure (Repealed).

§ 3143. Custody of property (Repealed).

§ 3144. Disposal of property (Repealed).

Chapter 32. Abortion

§ 3201. Short title of chapter.

§ 3202. Legislative intent.

§ 3203. Definitions.

§ 3204. Medical consultation and judgment.

§ 3205. Informed consent.

§ 3206. Parental consent.

§ 3207. Abortion facilities.

§ 3208. Printed information.

§ 3208.1. Commonwealth interference prohibited.

§ 3209. Spousal notice.

§ 3210. Determination of gestational age.

§ 3211. Abortion on unborn child of 24 or more weeks gestational age.

§ 3212. Infanticide.

§ 3213. Prohibited acts.

§ 3214. Reporting.

§ 3215. Publicly owned facilities; public officials and public funds.

§ 3216. Fetal experimentation.

§ 3217. Civil penalties.

§ 3218. Criminal penalties.

§ 3219. State Board of Medicine; State Board of Osteopathic Medicine.

§ 3220. Construction.

ARTICLE C. OFFENSES AGAINST PROPERTY

Chapter 33. Arson, Criminal Mischief and Other Property Destruction

§ 3301. Arson and related offenses.

§ 3302. Causing or risking catastrophe.

§ 3303. Failure to prevent catastrophe.

§ 3304. Criminal mischief.

§ 3305. Injuring or tampering with fire apparatus, hydrants, etc.

§ 3306. Unauthorized use or opening of fire hydrants.

§ 3307. Institutional vandalism.

§ 3308. Additional fine for arson committed for profit.

§ 3309. Agricultural vandalism.

§ 3310. Agricultural crop destruction.

§ 3311. Ecoterrorism.

§ 3312. Destruction of a survey monument.

§ 3313. Illegal dumping of methamphetamine waste.

Chapter 35. Burglary and Other Criminal Intrusion

§ 3501. Definitions.

§ 3502. Burglary.

§ 3503. Criminal trespass.

§ 3504. Railroad protection, railroad vandalism and interference with transportation facilities.

§ 3505. Unlawful use of unmanned aircraft.

Chapter 37. Robbery

§ 3701. Robbery.

§ 3702. Robbery of motor vehicle.

Chapter 39. Theft and Related Offenses

Subchapter A. General Provisions

§ 3901. Definitions.

§ 3902. Consolidation of theft offenses.

§ 3903. Grading of theft offenses.

§ 3904. Arrest without warrant.

Subchapter B. Definition of Offenses

§ 3921. Theft by unlawful taking or disposition.

§ 3922. Theft by deception.

§ 3923. Theft by extortion.

§ 3924. Theft of property lost, mislaid, or delivered by mistake.

§ 3925. Receiving stolen property.

§ 3926. Theft of services.

§ 3927. Theft by failure to make required disposition of funds received.

§ 3928. Unauthorized use of automobiles and other vehicles.

§ 3929. Retail theft.

§ 3929.1. Library theft.

§ 3929.2. Unlawful possession of retail or library theft instruments.

§ 3929.3. Organized retail theft.

§ 3930. Theft of trade secrets.

§ 3931. Theft of unpublished dramas and musical compositions.

§ 3932. Theft of leased property.

§ 3933. Unlawful use of computer (Repealed).

§ 3934. Theft from a motor vehicle.

§ 3935. Theft of secondary metal (Unconstitutional).

§ 3935.1. Theft of secondary metal.

Chapter 41. Forgery and Fraudulent Practices

§ 4101. Forgery.

§ 4102. Simulating objects of antiquity, rarity, etc.

§ 4103. Fraudulent destruction, removal or concealment of recordable instruments.

§ 4104. Tampering with records or identification.

§ 4105. Bad checks.

§ 4106. Access device fraud.

§ 4106.1. Unlawful device-making equipment.

§ 4107. Deceptive or fraudulent business practices.

§ 4107.1. Deception relating to kosher food products.

§ 4107.2. Deception relating to certification of minority business enterprise or women's business enterprise.

§ 4108. Commercial bribery and breach of duty to act disinterestedly.

§ 4109. Rigging publicly exhibited contest.

§ 4110. Defrauding secured creditors.

§ 4111. Fraud in insolvency.

§ 4112. Receiving deposits in a failing financial institution.

§ 4113. Misapplication of entrusted property and property of government or financial institutions.

§ 4114. Securing execution of documents by deception.

§ 4115. Falsely impersonating persons privately employed.

§ 4116. Copying; recording devices.

§ 4116.1. Unlawful operation of recording device in motion picture theater.

§ 4117. Insurance fraud.

§ 4118. Washing vehicle titles.

§ 4119. Trademark counterfeiting.

§ 4120. Identity theft.

§ 4121. Possession and use of unlawful devices.

ARTICLE D. OFFENSES AGAINST THE FAMILY

Chapter 43. Offenses Against the Family

Subchapter A. Definition of Offenses Generally

§ 4301. Bigamy.

§ 4302. Incest.

§ 4303. Concealing death of child.

§ 4304. Endangering welfare of children.

§ 4305. Dealing in infant children.

§ 4306. Newborn protection.

Subchapter B. Nonsupport (Repealed)

§ 4321 - § 4324 (Repealed).

ARTICLE E. OFFENSES AGAINST PUBLIC

ADMINISTRATION

Chapter 45. General Provisions

§ 4501. Definitions.

Chapter 47. Bribery and Corrupt Influence

§ 4701. Bribery in official and political matters.

§ 4702. Threats and other improper influence in official and political matters.

§ 4703. Retaliation for past official action.

Chapter 49. Falsification and Intimidation

Subchapter A. Perjury and Falsification in Official Matters

§ 4901. Definition.

§ 4902. Perjury.

§ 4903. False swearing.

§ 4904. Unsworn falsification to authorities.

§ 4905. False alarms to agencies of public safety.

§ 4906. False reports to law enforcement authorities.

§ 4906.1. False reports of child abuse.

§ 4907. Tampering with witnesses and informants (Repealed).

§ 4908. Retaliation against witness or informant (Repealed).

§ 4909. Witness or informant taking bribe.

§ 4910. Tampering with or fabricating physical evidence.

§ 4911. Tampering with public records or information.

§ 4912. Impersonating a public servant.

§ 4913. Impersonating a notary public or a holder of a professional or occupational license.

§ 4914. False identification to law enforcement authorities.

§ 4915. Failure to comply with registration of sexual offenders requirements (Expired).

§ 4915.1. Failure to comply with registration requirements.

§ 4915.2. Failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements.

Subchapter B. Victim and Witness Intimidation

§ 4951. Definitions.

§ 4952. Intimidation of witnesses or victims.

§ 4953. Retaliation against witness, victim or party.

§ 4953.1. Retaliation against prosecutor or judicial official.

§ 4954. Protective orders.

§ 4954.1. Notice on protective order.

§ 4955. Violation of orders.

§ 4956. Pretrial release.

§ 4957. Protection of employment of crime victims, family members of victims and witnesses.

§ 4958. Intimidation, retaliation or obstruction in child abuse cases.

Chapter 51. Obstructing Governmental Operations

Subchapter A. Definition of Offenses Generally

§ 5101. Obstructing administration of law or other governmental function.

§ 5102. Obstructing or impeding the administration of justice by picketing, etc.

§ 5103. Unlawfully listening into deliberations of jury.

§ 5103.1. Unlawful use of an audio or video device in court.

§ 5104. Resisting arrest or other law enforcement.

§ 5104.1. Disarming law enforcement officer.

§ 5105. Hindering apprehension or prosecution.

§ 5106. Failure to report injuries by firearm or criminal act.

§ 5107. Aiding consummation of crime.

§ 5108. Compounding.

§ 5109. Barratry.

§ 5110. Contempt of General Assembly.

§ 5111. Dealing in proceeds of unlawful activities.

§ 5112. Obstructing emergency services.

Subchapter B. Escape

§ 5121. Escape.

§ 5122. Weapons or implements for escape.

§ 5123. Contraband.

§ 5124. Default in required appearance.

§ 5125. Absconding witness.

§ 5126. Flight to avoid apprehension, trial or punishment.

Subchapter C. Criminal Gangs

§ 5131. Recruiting criminal gang members.

Chapter 53. Abuse of Office

§ 5301. Official oppression.

§ 5302. Speculating or wagering on official action or information.

§ 5303. Liability for reimbursement of costs for outside counsel.

ARTICLE F. OFFENSES AGAINST PUBLIC ORDER

AND DECENCY

Chapter 55. Riot, Disorderly Conduct and Related Offenses

Subchapter A. Definition of Offenses Generally

§ 5501. Riot.

§ 5502. Failure of disorderly persons to disperse upon official order.

§ 5503. Disorderly conduct.

§ 5504. Harassment and stalking by communication or address (Repealed).

§ 5505. Public drunkenness and similar misconduct.

§ 5506. Loitering and prowling at night time.

§ 5507. Obstructing highways and other public passages.

§ 5508. Disrupting meetings and processions.

§ 5509. Desecration, theft or sale of venerated objects.

§ 5510. Abuse of corpse.

§ 5511. Cruelty to animals (Repealed).

§ 5511.1. Live animals as prizes prohibited (Repealed).

§ 5511.2. Police animals (Repealed).

§ 5511.3. Assault with a biological agent on animal, fowl or honey bees (Repealed).

§ 5512. Lotteries, etc.

§ 5513. Gambling devices, gambling, etc.

§ 5514. Pool selling and bookmaking.

§ 5515. Prohibiting of paramilitary training.

§ 5516. Facsimile weapons of mass destruction.

§ 5517. Unauthorized school bus entry.

Subchapter B. Cruelty to Animals

§ 5531. Definitions.

§ 5532. Neglect of animal.

§ 5533. Cruelty to animal.

§ 5534. Aggravated cruelty to animal.

§ 5535. Attack of service, guide or support dog.

§ 5536. Tethering of unattended dog.

§ 5537. Selling or using disabled horse.

§ 5538. Transporting animals in cruel manner.

§ 5539. Transporting equine animals in cruel manner.

§ 5540. Hours of labor of animals.

§ 5541. Cruelty to cow to enhance appearance of udder.

§ 5542. Animal mutilation and related offenses.

§ 5543. Animal fighting.

§ 5544. Possession of animal fighting paraphernalia.

§ 5545. Killing homing pigeons.

§ 5546. Skinning of and selling or buying pelts of dogs and cats.

§ 5547. Live animals as prizes prohibited.

§ 5548. Police animals.

§ 5549. Assault with a biological agent on animal, fowl or honey bees.

§ 5550. Fine and term of imprisonment for summary offense.

§ 5551. Power to initiate criminal proceedings.

§ 5552. Seizure of animals kept or used for animal fighting.

§ 5553. Search warrants.

§ 5554. Forfeiture.

§ 5555. Prohibition of ownership.

§ 5556. Civil immunity for licensed doctors of veterinary medicine, technicians and assistants.

§ 5557. Civil immunity for humane society police officers.

§ 5558. Representation of humane society by attorney.

§ 5559. Construction of subchapter.

§ 5560. Exemption of normal agricultural operations.

§ 5561. Nonapplicability of subchapter.

Chapter 57. Wiretapping and Electronic Surveillance

Subchapter A. General Provisions

§ 5701. Short title of chapter.

§ 5702. Definitions.

Subchapter B. Wire, Electronic or Oral Communication

§ 5703. Interception, disclosure or use of wire, electronic or oral communications.

§ 5704. Exceptions to prohibition of interception and disclosure of communications.

§ 5705. Possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices and telecommunication identification interception devices.

§ 5706. Exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices.

§ 5707. Seizure and forfeiture of electronic, mechanical or other devices.

§ 5708. Order authorizing interception of wire, electronic or oral communications.

§ 5709. Application for order.

§ 5710. Grounds for entry of order.

§ 5711. Privileged communications.

§ 5712. Issuance of order and effect.

§ 5712.1. Target-specific orders.

§ 5713. Emergency situations.

§ 5713.1. Emergency hostage and barricade situations.

§ 5714. Recording of intercepted communications.

§ 5715. Sealing of applications, orders and supporting papers.

§ 5716. Service of inventory and inspection of intercepted communications.

§ 5717. Investigative disclosure or use of contents of wire, electronic or oral communications or derivative evidence.

§ 5718. Interception of communications relating to other offenses.

§ 5719. Unlawful use or disclosure of existence of order concerning intercepted communication.

§ 5720. Service of copy of order and application before disclosure of intercepted communication in trial, hearing or proceeding.

§ 5721. Suppression of contents of intercepted communication or derivative evidence (Repealed).

§ 5721.1. Evidentiary disclosure of contents of intercepted communication or derivative evidence.

§ 5722. Report by issuing or denying judge.

§ 5723. Annual reports and records of Attorney General and district attorneys.

§ 5724. Training.

§ 5725. Civil action for unlawful interception, disclosure or use of wire, electronic or oral communication.

§ 5726. Action for removal from office or employment.

§ 5727. Expiration (Repealed).

§ 5728. Injunction against illegal interception.

Subchapter C. Stored Wire and Electronic Communications and Transactional Records Access

§ 5741. Unlawful access to stored communications.

§ 5742. Disclosure of contents and records.

§ 5743. Requirements for governmental access.

§ 5743.1. Administrative subpoena.

§ 5744. Backup preservation.

§ 5745. Delayed notice.

§ 5746. Cost reimbursement.

§ 5747. Civil action.

§ 5748. Exclusivity of remedies.

§ 5749. Retention of certain records.

Subchapter D. Mobile Tracking Devices

§ 5761. Mobile tracking devices.

Subchapter E. Pen Registers, Trap and Trace Devices and Telecommunication Identification Interception Devices

§ 5771. General prohibition on use of certain devices and exception.

§ 5772. Application for an order for use of certain devices.

§ 5773. Issuance of an order for use of certain devices.

§ 5774. Assistance in installation and use of certain devices.

§ 5775. Reports concerning certain devices.

Subchapter F. Miscellaneous

§ 5781. Expiration of chapter.

§ 5782. Regulations.

Chapter 59. Public Indecency

§ 5901. Open lewdness.

§ 5902. Prostitution and related offenses.

§ 5903. Obscene and other sexual materials and performances.

§ 5904. Public exhibition of insane or deformed person.

ARTICLE G. MISCELLANEOUS OFFENSES

Chapter 61. Firearms and Other Dangerous Articles

Subchapter A. Uniform Firearms Act

§ 6101. Short title of subchapter.

§ 6102. Definitions.

§ 6103. Crimes committed with firearms.

§ 6104. Evidence of intent.

§ 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.

§ 6105.1. Restoration of firearm rights for offenses under prior laws of this Commonwealth.

§ 6105.2. Relinquishment of firearms and firearm licenses by convicted persons.

§ 6106. Firearms not to be carried without a license.

§ 6106.1. Carrying loaded weapons other than firearms.

§ 6107. Prohibited conduct during emergency.

§ 6108. Carrying firearms on public streets or public property in Philadelphia.

§ 6109. Licenses.

§ 6110. Persons to whom delivery shall not be made (Repealed).

§ 6110.1. Possession of firearm by minor.

§ 6110.2. Possession of firearm with altered manufacturer's number.

§ 6111. Sale or transfer of firearms.

§ 6111.1. Pennsylvania State Police.

§ 6111.2. Firearm sales surcharge.

§ 6111.3. Firearm Records Check Fund.

§ 6111.4. Registration of firearms.

§ 6111.5. Rules and regulations.

§ 6112. Retail dealer required to be licensed.

§ 6113. Licensing of dealers.

§ 6114. Judicial review.

§ 6115. Loans on, or lending or giving firearms prohibited.

§ 6116. False evidence of identity.

§ 6117. Altering or obliterating marks of identification.

§ 6118. Antique firearms.

§ 6119. Violation penalty.

§ 6120. Limitation on the regulation of firearms and ammunition.

§ 6121. Certain bullets prohibited.

§ 6122. Proof of license and exception.

§ 6123. Waiver of disability or pardons.

§ 6124. Administrative regulations.

§ 6125. Distribution of uniform firearm laws and firearm safety brochures.

§ 6126. Firearms Background Check Advisory Committee (Expired).

§ 6127. Firearm tracing.

§ 6128. Abandonment of firearms, weapons or ammunition.

Subchapter B. Firearms Generally

§ 6141. Purchase of firearms in contiguous states (Repealed).

§ 6141.1. Purchase of rifles and shotguns outside this Commonwealth.

§ 6142. Locking device for firearms.

Subchapter C. Other Dangerous Articles

§ 6161. Carrying explosives on conveyances.

§ 6162. Shipping explosives.

Subchapter D. Straw Purchase Prevention Education Program

§ 6181. Scope of subchapter.

§ 6182. Legislative findings and declarations.

§ 6183. Definitions.

§ 6184. Straw Purchase Prevention Education Program.

§ 6185. Powers and duties of Attorney General.

§ 6186. Straw Purchase Prevention Education Fund.

§ 6187. Transfer for initial funding.

Chapter 63. Minors

§ 6301. Corruption of minors.

§ 6302. Sale or lease of weapons and explosives.

§ 6303. Sale of starter pistols.

§ 6304. Sale and use of air rifles.

§ 6305. Sale of tobacco products.

§ 6306. Furnishing cigarettes or cigarette papers (Repealed).

§ 6306.1. Use of tobacco products in schools prohibited.

§ 6307. Misrepresentation of age to secure liquor or malt or brewed beverages.

§ 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

§ 6308.1. Safe harbor for violation of section 6308(a).

§ 6309. Representing that minor is of age.

§ 6310. Inducement of minors to buy liquor or malt or brewed beverages.

§ 6310.1. Selling or furnishing liquor or malt or brewed beverages to minors.

§ 6310.2. Manufacture or sale of false identification card.

§ 6310.3. Carrying a false identification card.

§ 6310.4. Restriction of operating privileges (Repealed).

§ 6310.5. Predisposition evaluation.

§ 6310.6. Definitions.

§ 6310.7. Selling or furnishing nonalcoholic beverages to persons under 21 years of age.

§ 6311. Tattooing and body piercing.

§ 6312. Sexual abuse of children.

§ 6313. Special information.

§ 6314. Sentencing and penalties for trafficking drugs to minors.

§ 6315. Selling or furnishing butane to minors.

§ 6316. Selling or furnishing certain stimulants to minors.

§ 6317. Drug-free school zones.

§ 6318. Unlawful contact with minor.

§ 6319. Solicitation of minors to traffic drugs.

§ 6320. Sexual exploitation of children.

§ 6321. Transmission of sexually explicit images by minor.

§ 6322. Access of minors to dextromethorphan.

Chapter 65. Nuisances

§ 6501. Scattering rubbish.

§ 6502. Refrigerators and iceboxes.

§ 6503. Posting advertisements on property of another.

§ 6504. Public nuisances.

§ 6505. Discarding television sets and tubes.

Chapter 67. Proprietary and Official Rights

§ 6701. Wearing of uniforms and insignia and misrepresentation of military service or honors.

§ 6702. Sale of veterans' flowers.

§ 6703. Dealing in military decorations.

§ 6704. Fraud on association having grand lodge.

§ 6705. Use of containers bearing owner's name (Repealed).

§ 6706. Use or possession of stamped containers (Repealed).

§ 6707. False registration of domestic animals.

§ 6708. Retention of library property after notice to return.

§ 6709. Use of union labels.

§ 6710. Unauthorized use of registered insignia.

§ 6711. Retention of military property after notice to return.

§ 6712. Use of carts, cases, trays, baskets, boxes and other containers.

Chapter 69. Public Utilities

§ 6901. Extension of water line.

§ 6902. Willful obstruction of emergency telephone calls.

§ 6903. Railroad employee abandoning train.

§ 6904. Interfering with railroad employee.

§ 6905. Nails and other hard substances attached to utility poles.

§ 6906. Erection of crossing signboards.

§ 6907. Obstructing public crossings.

§ 6908. Obstructing private crossings.

§ 6909. Lights obstructing view of signals.

§ 6910. Unauthorized sale or transfer of tickets.

Chapter 71. Sports and Amusements

§ 7101. Fraudulent entry of horses in race.

§ 7102. Administering drugs to race horses.

§ 7103. Horse racing.

§ 7104. Fortune telling.

§ 7105. Pool and billiard rooms.

§ 7106. Theater operators to require proof of age.

§ 7107. Unlawful actions by athlete agents.

Chapter 73. Trade and Commerce

Subchapter A. Definition of Offenses Generally

§ 7301. Distribution of samples of medicine, dyes, etc.

§ 7302. Sale and labeling of solidified alcohol.

§ 7303. Sale or illegal use of certain solvents and noxious substances.

§ 7304. Illegal sale or use of certain fire extinguishers.

§ 7305. Sale of gasoline in glass container.

§ 7306. Incendiary devices.

§ 7307. Out-of-state convict made goods.

§ 7308. Unlawful advertising of insurance business.

§ 7309. Unlawful coercion in contracting insurance.

§ 7310. Furnishing free insurance as inducement for purchases.

§ 7311. Unlawful collection agency practices.

§ 7312. Debt pooling.

§ 7313. Buying or exchanging Federal Supplemental Nutrition Assistance Program (SNAP) benefit coupons, stamps, authorization cards or access devices.

§ 7314. Fraudulent traffic in Supplemental Nutrition Assistance Program (SNAP) benefits.

§ 7315. Unauthorized disposition of donated food commodities.

§ 7316. Keeping bucket-shop.

§ 7317. Accessories in conduct of bucket-shop.

§ 7318. Maintaining of premises in which bucket-shop operated.

§ 7319. Bucket-shop contracts.

§ 7320. Attaching advertisement without consent of publisher.

§ 7321. Lie detector tests.

§ 7322. Demanding property to secure employment.

§ 7323. Discrimination on account of uniform.

§ 7324. Unlawful sale of dissertations, theses and term papers.

§ 7325. Discrimination on account of service, guide or support dog or other aid animal.

§ 7326. Disclosure of confidential tax information.

§ 7327. Storage, consumption and sale of alcoholic beverages on unlicensed business premises.

§ 7328. Operation of certain establishments prohibited without local option.

§ 7329. Prohibition of certain types of entertainment on bottle club premises.

§ 7330. Internet child pornography (Repealed).

§ 7331. Unlicensed mortgage loan business.

Subchapter B. Sunday Trading

§ 7361. Worldly employment or business.

§ 7362. Trading in motor vehicles and trailers (Repealed).

§ 7363. Selling certain personal property.

§ 7364. Selling or otherwise dealing in fresh meats, produce and groceries.

§ 7365. Trading in motor vehicles and trailers.

Chapter 75. Other Offenses

§ 7501. Removal of mobile home to evade tax.

§ 7502. Failure of mobile home court operator to make reports.

§ 7503. Interest of certain architects and engineers in public work contracts.

§ 7504. Appointment of special policemen.

§ 7505. Violation of governmental rules regarding traffic.

§ 7506. Violation of rules regarding conduct on Commonwealth property.

§ 7507. Breach of privacy by using a psychological-stress evaluator, an audio-stress monitor or a similar device without consent.

§ 7507.1. Invasion of privacy.

§ 7508. Drug trafficking sentencing and penalties.

§ 7508.1. Substance Abuse Education and Demand Reduction Fund.

§ 7508.2. Operation of methamphetamine laboratory.

§ 7509. Furnishing drug-free urine.

§ 7510. Municipal housing code avoidance (Repealed).

§ 7511. Control of alarm devices and automatic dialing devices.

§ 7512. Criminal use of communication facility.

§ 7513. Restriction on alcoholic beverages (Repealed).

§ 7514. Operating a motor vehicle not equipped with ignition interlock (Repealed).

§ 7515. Contingent compensation.

§ 7516. Greyhound racing and simulcasting.

§ 7517. Commemorative service demonstration activities.

Chapter 76. Computer Offenses

Subchapter A. General Provisions

§ 7601. Definitions.

§ 7602. Jurisdiction.

§ 7603. Restitution.

§ 7604. Concurrent jurisdiction.

§ 7605. Defense.

§ 7606. Construction.

Subchapter B. Hacking and Similar Offenses

§ 7611. Unlawful use of computer and other computer crimes.

§ 7612. Disruption of service.

§ 7613. Computer theft.

§ 7614. Unlawful duplication.

§ 7615. Computer trespass.

§ 7616. Distribution of computer virus.

Subchapter C. Internet Child Pornography

§ 7621. Definitions.

§ 7622. Duty of Internet service provider.

§ 7623. Protection of privacy.

§ 7624. Penalty.

§ 7625. Jurisdiction for prosecution.

§ 7626. Application for order to remove or disable items.

§ 7627. Order to remove or disable certain items from Internet service provider's service.

§ 7628. Notification procedure.

§ 7629. Designated agent.

§ 7630. Report to General Assembly.

Subchapter D. Unlawful Use of Computers

§ 7641. Computer-assisted remote harvesting of animals.

Subchapter E. Electronic Mail

§ 7661. Unlawful transmission of electronic mail.

Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered Property

§ 7701. Definitions.

§ 7702. Owning, operating or conducting a chop shop.

§ 7703. Alteration or destruction of vehicle identification number.

§ 7704. Disposition of vehicle or vehicle part with altered vehicle identification number.

§ 7705. Exceptions.

§ 7706. Presumptions.

§ 7707. Loss of property rights to Commonwealth.

§ 7708. Procedure with respect to seized property subject to liens and rights of lienholders (Repealed).

PART III. MISCELLANEOUS PROVISIONS

Chapter 91. Criminal History Record Information

Subchapter A. General Provisions

§ 9101. Short title of chapter.

§ 9102. Definitions.

§ 9103. Applicability.

§ 9104. Scope.

§ 9105. Other criminal justice information.

§ 9106. Information in central repository or automated systems.

Subchapter B. Completeness and Accuracy

§ 9111. Duties of criminal justice agencies.

§ 9112. Mandatory fingerprinting.

§ 9113. Disposition reporting by criminal justice agencies.

§ 9114. Correction of inaccurate information.

Subchapter C. Dissemination of Criminal History Record Information

§ 9121. General regulations.

§ 9122. Expungement.

§ 9122.1. Petition for limited access.

§ 9122.2. Clean slate limited access.

§ 9122.3. Exceptions.

§ 9122.4. Order to vacate order for limited access.

§ 9122.5. Effects of expunged records and records subject to limited access.

§ 9122.6. Employer immunity from liability.

§ 9123. Juvenile records.

§ 9124. Use of records by licensing agencies.

§ 9125. Use of records for employment.

Subchapter D. Security

§ 9131. Security requirements for repositories.

Subchapter E. Audit

§ 9141. Audits.

§ 9142. Quality control.

§ 9143. Regulations.

Subchapter F. Individual Right of Access and Review

§ 9151. Right to access and review.

§ 9152. Procedure.

§ 9153. Individual rights on access and review.

Subchapter G. Responsibility of Attorney General

§ 9161. Duties of the Attorney General.

Subchapter H. Public Notice

§ 9171. Requirements of repositories relating to public notice.

Subchapter I. Sanctions

§ 9181. General administrative sanctions.

§ 9182. Criminal penalties (Deleted by amendment).

§ 9183. Civil actions.

Chapter 92. Conflicts of Interest

§ 9201. Procedures.

Chapter 93. Independent Counsel (Repealed)

Subchapter A. Preliminary Provisions (Repealed)

§ 9301 - 9302 (Repealed).

Subchapter B. General Provisions (Repealed)

§ 9311 - 9319 (Repealed).

Subchapter C. Authority and Duties of Independent Counsel (Repealed)

§ 9331 - 9346 (Repealed).

Subchapter D. Miscellaneous Provisions (Repealed)

§ 9351 - 9352 (Repealed).

Chapter 94. Crime Victims

§ 9401. Definitions.

§ 9402. Office of Victim Advocate.

Chapter 95. Independent Counsel

Subchapter A. Preliminary Provisions

§ 9501. Scope of chapter.

§ 9502. Definitions.

§ 9503. Administrative expenses.

Subchapter B. General Provisions

§ 9511. Organization of panel.

§ 9512. Preliminary investigation.

§ 9513. Conduct of preliminary investigation.

§ 9514. Determination that further investigation not warranted.

§ 9515. Determination that further investigation is warranted.

§ 9516. Contents of application.

§ 9517. Duties of panel.

§ 9518. Disclosure of information.

Subchapter C. Authority and Duties of Independent Counsel

§ 9531. Authorities.

§ 9532. Compensation and travel expenses.

§ 9533. Additional personnel.

§ 9534. Assistance of Pennsylvania State Police.

§ 9535. Referral of other matters to independent counsel.

§ 9536. Dismissal of matters.

§ 9537. Reports by independent counsel.

§ 9538. Independence from office of Attorney General.

§ 9539. Standards of conduct.

§ 9540. Custody of records of independent counsel.

§ 9541. Cost controls and administrative support.

§ 9542. Legislative oversight.

§ 9543. Removal of independent counsel and termination of office.

§ 9544. Audits.

§ 9545. Relationship with office of Attorney General.

§ 9546. Venue.

TITLE 18

CRIMES AND OFFENSES

Part

I. Preliminary Provisions

II. Definition of Specific Offenses

III. Miscellaneous Provisions

Enactment. Unless otherwise noted, the provisions of Title 18 were added December 6, 1972, P.L.1482, No.334, effective in six months.

Special Provisions in Appendix. See sections 2, 3 and 4 of Act 334 of 1972 in the appendix to this title for special provisions relating to offenses committed prior to the effective date of this title, severability and applicability of Statutory Construction Act.

PART I

PRELIMINARY PROVISIONS

Chapter

1. General Provisions

3. Culpability

5. General Principles of Justification

7. Responsibility (Reserved)

9. Inchoate Crimes

11. Authorized Disposition of Offenders

13. Authority of Court in Sentencing (Transferred)

Enactment. Part I was added December 6, 1972, P.L.1482, No.334, effective in six months.

CHAPTER 1

GENERAL PROVISIONS

Sec.

101. Short title of title.

102. Territorial applicability.

103. Definitions.

104. Purposes.

105. Principles of construction.

106. Classes of offenses.

107. Application of preliminary provisions.

108. Time limitations.

109. When prosecution barred by former prosecution for the same offense.

110. When prosecution barred by former prosecution for different offense.

111. When prosecution barred by former prosecution in another jurisdiction.

112. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant.

Enactment. Chapter 1 was added December 6, 1972, P.L.1482, No.334, effective in six months.

§ 101. Short title of title.

This title shall be known and may be cited as the "Crimes Code."

§ 102. Territorial applicability.

(a) General rule.--Except as otherwise provided in this section, a person may be convicted under the law of this Commonwealth of an offense committed by his own conduct or the conduct of another for which he is legally accountable if either:

(1) the conduct which is an element of the offense or the result which is such an element occurs within this Commonwealth;

(2) conduct occurring outside this Commonwealth is sufficient under the law of this Commonwealth to constitute an attempt to commit an offense within this Commonwealth;

(3) conduct occurring outside this Commonwealth is sufficient under the law of this Commonwealth to constitute a conspiracy to commit an offense within this Commonwealth and an overt act in furtherance of such conspiracy occurs within this Commonwealth;

(4) conduct occurring within this Commonwealth establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of this Commonwealth;

(5) the offense consists of the omission to perform a legal duty imposed by the law of this Commonwealth with respect to domicile, residence or a relationship to a person, thing or transaction in this Commonwealth; or

(6) the offense is based on a statute of this Commonwealth which expressly prohibits conduct outside this Commonwealth when the conduct bears a reasonable relation to a legitimate interest of this Commonwealth and the actor knows or should know that his conduct is likely to affect that interest.

(b) Exception.--Paragraph (a)(1) of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside this Commonwealth which would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within this Commonwealth.

(c) Homicide.--When the offense is homicide or homicide of an unborn child, either the death of the victim, including an unborn child, or the bodily impact causing death constitutes a "result" within the meaning of paragraph (a)(1) of this section, and if the body of a homicide victim, including an unborn child, is found within this Commonwealth, it is presumed that such result occurred within this Commonwealth.

(d) Air space.--This Commonwealth includes the land and water and the air space above such land and water with respect to which the Commonwealth has legislative jurisdiction.

(Oct. 2, 1997, P.L.379, No.44, eff. 180 days)

1997 Amendment. Act 44 amended subsec. (c).

Cross References. Section 102 is referred to in sections 910, 7602 of this title.

§ 103. Definitions.

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this part, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Act" or "action." A bodily movement whether voluntary or involuntary.

"Actor." Includes, where relevant, a person guilty of an omission.

"Acted." Includes, where relevant, "omitted to act."

"Cohabit." To live together under the representation or appearance of being married.

"Conduct." An action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions.

"Court." Includes (when exercising criminal or quasi-criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to jurisdiction and venue)) a magisterial district judge.

"Element of an offense." Such conduct or such attendant circumstances or such a result of conduct as:

(1) is included in the description of the forbidden conduct in the definition of the offense;

(2) establishes the required kind of culpability;

(3) negatives an excuse or justification for such conduct;

(4) negatives a defense under the statute of limitation; or

(5) establishes jurisdiction or venue.

"Fiduciary." Includes trustee, guardian, executor, administrator, receiver and any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

"Intentionally." The meaning specified in section 302 of this title (relating to general requirements of culpability) and equivalent terms such as "with intent," "designed" or "with design" have the same meaning.

"Judge." Includes (when exercising criminal or quasi-criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to jurisdiction and venue)) a magisterial district judge.

"Knowingly." The meaning specified in section 302 of this title (relating to general requirements of culpability) and equivalent terms such as "knowing" or "with knowledge" have the same meaning.

"Material element of an offense." An element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with:

(1) the harm or evil incident to conduct, sought to be prevented by the law defining the offense; or

(2) the existence of a justification or excuse for such conduct.

"Negligently." The meaning specified in section 302 of this title (relating to general requirements of culpability) and equivalent terms such as "negligence" or "with negligence" have the same meaning.

"Omission." A failure to act.

"Police officer." The term shall include the sheriff of a county of the second class and deputy sheriffs of a county of the second class who have successfully completed the requirements under the act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.

"Purposely" or "with purpose." Intentionally.

"Reasonably believes" or "reasonable belief." A belief which the actor is not reckless or negligent in holding.

"Recklessly." The meaning specified in section 302 of this title (relating to general requirements of culpability) and equivalent terms such as "recklessness" or "with recklessness" have the same meaning.

"Statute." Includes the Constitution of Pennsylvania and a local law or ordinance of a political subdivision.

"Whoever." Includes any person.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 22, 1995, P.L.621, No.66, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended the defs. of "court" and "judge." See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

1995 Amendment. Act 66 added the def. of "police officer."

1978 Amendment. Act 53 amended the intro. par. and added the defs. of "court" and "judge."

References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law, referred to in the def. of "police officer," was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally).

§ 104. Purposes.

The general purposes of this title are:

(1) To forbid and prevent conduct that unjustifiably inflicts or threatens substantial harm to individual or public interest.

(2) To safeguard conduct that is without fault from condemnation as criminal.

(3) To safeguard offenders against excessive, disproportionate or arbitrary punishment.

(4) To give fair warning of the nature of the conduct declared to constitute an offense, and of the sentences that may be imposed on conviction of an offense.

(5) To differentiate on reasonable grounds between serious and minor offenses, and to differentiate among offenders with a view to a just individualization in their treatment.

§ 105. Principles of construction.

The provisions of this title shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this title and the special purposes of the particular provision involved. The discretionary powers conferred by this title shall be exercised in accordance with the criteria stated in this title and, in so far as such criteria are not decisive, to further the general purposes stated in this title.

§ 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:

(1) Murder of the first degree, of the second degree or of the third degree, first degree murder of an unborn child, second degree murder of an unborn child or third degree murder of an unborn child.

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

(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.

(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Oct. 2, 1997, P.L.379, No.44, eff. 180 days)

1997 Amendment. Act 44 amended subsecs. (a)(1) and (b)(1).

Cross References. Section 106 is referred to in sections 305, 2710, 2717, 3311 of this title; sections 1725.3, 1725.5, 9762 of Title 42 (Judiciary and Judicial Procedure).

§ 107. Application of preliminary provisions.

(a) General rule.--The provisions of Part I of this title (relating to preliminary provisions) are applicable to offenses defined by this title or by any other statute.

(b) Common law crimes abolished.--No conduct constitutes a crime unless it is a crime under this title or another statute of this Commonwealth.

(c) Exceptions.--This section does not affect the power of a court to declare forfeitures or to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree, nor does it bar, suspend, or otherwise affect any right of liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action or matter constitutes an offense defined in this title.

§ 108. Time limitations.

(a) General rule.--Except as set forth in subsection (b), a prosecution for any offense under this title must be commenced within the period, if any, limited by Chapter 55 of Title 42 (relating to limitation of time).

(b) Offenses against unborn child.--

(1) A prosecution for criminal homicide of an unborn child may be commenced at any time.

(2) A prosecution for an offense under section 2606 (relating to aggravated assault of unborn child) must be commenced within five years after it is committed.

(Mar. 26, 1974, P.L.213, No.46, eff. imd.; July 9, 1976, P.L.586, No.142; Apr. 28, 1978, P.L.83, No.38, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Oct. 2, 1997, P.L.379, No.44, eff. 180 days)

1980 Repeal. Act 142 repealed Act 38 of 1978, which amended subsec. (a), prior to the effective date of the repeal of former section 108 by Act 142 of 1976.

1976 Amendment. Act 142 added present section 108 and repealed former section 108, which related to the same subject matter, effective 60 days from the date of final enactment of the act of April 28, 1978 (P.L.202, No.53).

§ 109. When prosecution barred by former prosecution for the same offense.

When a prosecution is for a violation of the same provision of the statutes and is based upon the same facts as a former prosecution, it is barred by such former prosecution under the following circumstances:

(1) The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.

(2) The former prosecution was terminated, after the indictment had been found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.

(3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant.

(4) The former prosecution was improperly terminated after the first witness was sworn but before a verdict, or after a plea of guilty was accepted by the court.

Cross References. Section 109 is referred to in sections 110, 111, 112 of this title.

§ 110. When prosecution barred by former prosecution for different offense.

Although a prosecution is for a violation of a different provision of the statutes than a former prosecution or is based on different facts, it is barred by such former prosecution under the following circumstances:

(1) The former prosecution resulted in an acquittal or in a conviction as defined in section 109 of this title (relating to when prosecution barred by former prosecution for the same offense) and the subsequent prosecution is for:

(i) any offense of which the defendant could have been convicted on the first prosecution;

(ii) any offense based on the same conduct or arising from the same criminal episode, if such offense was known to the appropriate prosecuting officer at the time of the commencement of the first trial and occurred within the same judicial district as the former prosecution unless the court ordered a separate trial of the charge of such offense; or

(iii) the same conduct, unless:

(A) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil; or

(B) the second offense was not consummated when the former trial began.

(2) The former prosecution was terminated, after the indictment was found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.

(3) The former prosecution was improperly terminated, as improper termination is defined in section 109 of this title (relating to when prosecution barred by former prosecution for the same offense) and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

(June 28, 2002, P.L.481, No.82, eff. 60 days)

2002 Amendment. Act 82 amended par. (1)(ii).

Cross References. Section 110 is referred to in section 112 of this title.

§ 111. When prosecution barred by former prosecution in another jurisdiction.

When conduct constitutes an offense within the concurrent jurisdiction of this Commonwealth and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this Commonwealth under the following circumstances:

(1) The first prosecution resulted in an acquittal or in a conviction as defined in section 109 of this title (relating to when prosecution barred by former prosecution for the same offense) and the subsequent prosecution is based on the same conduct unless:

(i) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil; or

(ii) the second offense was not consummated when the former trial began.

(2) The former prosecution was terminated, after the indictment was found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense of which the defendant is subsequently prosecuted.

Cross References. Section 111 is referred to in section 112 of this title.

§ 112. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant.

A prosecution is not a bar within the meaning of section 109 of this title (relating to when prosecution barred by former prosecution for the same offense) through section 111 of this title (relating to when prosecution barred by former prosecution in another jurisdiction) under any of the following circumstances:

(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense.

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed.

(3) The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.

CHAPTER 3

CULPABILITY

Sec.

301. Requirement of voluntary act.

302. General requirements of culpability.

303. Causal relationship between conduct and result.

304. Ignorance or mistake.

305. Limitations on scope of culpability requirements.

306. Liability for conduct of another; complicity.

307. Liability of organizations and certain related persons.

308. Intoxication or drugged condition.

309. Duress.

310. Military orders.

311. Consent.

312. De minimis infractions.

313. Entrapment.

314. Guilty but mentally ill.

315. Insanity.

Enactment. Chapter 3 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References. Chapter 3 is referred to in section 2607 of this title.

§ 301. Requirement of voluntary act.

(a) General rule.--A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

(b) Omission as basis of liability.--Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(1) the omission is expressly made sufficient by the law defining the offense; or

(2) a duty to perform the omitted act is otherwise imposed by law.

(c) Possession as an act.--Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Cross References. Section 301 is referred to in section 305 of this title.

§ 302. General requirements of culpability.

(a) Minimum requirements of culpability.--Except as provided in section 305 of this title (relating to limitations on scope of culpability requirements), a person is not guilty of an offense unless he acted intentionally, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

(b) Kinds of culpability defined.--

(1) A person acts intentionally with respect to a material element of an offense when:

(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and

(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.

(2) A person acts knowingly with respect to a material element of an offense when:

(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and

(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.

(3) A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.

(4) A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

(c) Culpability required unless otherwise provided.--When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts intentionally, knowingly or recklessly with respect thereto.

(d) Prescribed culpability requirement applies to all material elements.--When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.

(e) Substitutes for negligence, recklessness and knowledge.--When the law provides that negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.

(f) Requirement of intent satisfied if intent is conditional.--When a particular intent is an element of an offense, the element is established although such intent is conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense.

(g) Requirement of willfulness satisfied by acting knowingly.--A requirement that an offense be committed willfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements appears.

(h) Culpability as to illegality of conduct.--Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of such offense, unless the definition of the offense or this title so provides.

Cross References. Section 302 is referred to in sections 103, 305 of this title; section 6303 of Title 23 (Domestic Relations).

§ 303. Causal relationship between conduct and result.

(a) General rule.--Conduct is the cause of a result when:

(1) it is an antecedent but for which the result in question would not have occurred; and

(2) the relationship between the conduct and result satisfies any additional causal requirements imposed by this title or by the law defining the offense.

(b) Divergence between result designed or contemplated and actual result.--When intentionally or knowingly causing a particular result is an element of an offense, the element is not established if the actual result is not within the intent or the contemplation of the actor unless:

(1) the actual result differs from that designed or contemplated as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or

(2) the actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of his offense.

(c) Divergence between probable and actual result.--When recklessly or negligently causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of negligence, of which he should be aware unless:

(1) the actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or

(2) the actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the liability of the actor or on the gravity of his offense.

(d) Absolute liability.--When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the conduct of the actor.

Cross References. Section 303 is referred to in section 2607 of this title.

§ 304. Ignorance or mistake.

Ignorance or mistake as to a matter of fact, for which there is reasonable explanation or excuse, is a defense if:

(1) the ignorance or mistake negatives the intent, knowledge, belief, recklessness, or negligence required to establish a material element of the offense; or

(2) the law provides that the state of mind established by such ignorance or mistake constitutes a defense.

§ 305. Limitations on scope of culpability requirements.

(a) When culpability requirements are inapplicable to summary offenses and to offenses defined by other statutes.--The requirements of culpability prescribed by section 301 of this title (relating to requirement of voluntary act) and section 302 of this title (relating to general requirements of culpability) do not apply to:

(1) summary offenses, unless the requirement involved is included in the definition of the offense or the court determines that its application is consistent with effective enforcement of the law defining the offense; or

(2) offenses defined by statutes other than this title, in so far as a legislative purpose to impose absolute liability for such offenses or with respect to any material element thereof plainly appears.

(b) Effect of absolute liability in reducing grade of offense to summary offense.--Notwithstanding any other provision of existing law and unless a subsequent statute otherwise provides:

(1) when absolute liability is imposed with respect to any material element of an offense defined by a statute other than this title and a conviction is based upon such liability, the offense constitutes a summary offense; and

(2) although absolute liability is imposed by law with respect to one or more of the material elements of an offense defined by a statute other than this title, the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes sufficient culpability and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by section 106 of this title (relating to classes of offenses) and Chapter 11 of this title (relating to authorized disposition of offenders).

Cross References. Section 305 is referred to in section 302 of this title.

§ 306. Liability for conduct of another; complicity.

(a) General rule.--A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.

(b) Conduct of another.--A person is legally accountable for the conduct of another person when:

(1) acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct;

(2) he is made accountable for the conduct of such other person by this title or by the law defining the offense; or

(3) he is an accomplice of such other person in the commission of the offense.

(c) Accomplice defined.--A person is an accomplice of another person in the commission of an offense if:

(1) with the intent of promoting or facilitating the commission of the offense, he:

(i) solicits such other person to commit it; or

(ii) aids or agrees or attempts to aid such other person in planning or committing it; or

(2) his conduct is expressly declared by law to establish his complicity.

(d) Culpability of accomplice.--When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.

(e) Status of actor.--In any prosecution for an offense in which criminal liability of the defendant is based upon the conduct of another person pursuant to this section, it is no defense that the offense in question, as defined, can be committed only by a particular class or classes of persons, and the defendant, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

(f) Exceptions.--Unless otherwise provided by this title or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:

(1) he is a victim of that offense;

(2) the offense is so defined that his conduct is inevitably incident to its commission; or

(3) he terminates his complicity prior to the commission of the offense and:

(i) wholly deprives it of effectiveness in the commission of the offense; or

(ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.

(g) Prosecution of accomplice only.--An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.

Cross References. Section 306 is referred to in sections 904, 3218, 6111 of this title; section 9711 of Title 42 (Judiciary and Judicial Procedure).

§ 307. Liability of organizations and certain related persons.

(a) Corporations generally.--A corporation may be convicted of the commission of an offense if:

(1) the offense is a summary offense or the offense is defined by a statute other than this title in which a legislative purpose to impose liability on corporations plainly appears and the conduct is performed by an agent of the corporation acting in behalf of the corporation within the scope of his office or employment, except that if the law defining the offense designates the agents for whose conduct the corporation is accountable or the circumstances under which it is accountable, such provisions shall apply;

(2) the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or

(3) the commission of the offense was authorized, requested, commanded, performed or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the corporation within the scope of his office or employment.

(b) Corporations, absolute liability.--When absolute liability is imposed for the commission of an offense, a legislative purpose to impose liability on a corporation shall be assumed, unless the contrary plainly appears.

(c) Unincorporated associations.--An unincorporated association may be convicted of the commission of an offense if:

(1) the offense is defined by a statute other than this title which expressly provides for the liability of such an association and the conduct is performed by an agent of the association acting in behalf of the association within the scope of his office or employment, except that if the law defining the offense designates the agents for whose conduct the association is accountable or the circumstances under which it is accountable, such provisions shall apply; or

(2) the offense consists of an omission to discharge a specific duty of affirmative performance imposed on associations by law.

(d) Defenses.--In any prosecution of a corporation or an unincorporated association for the commission of an offense included within the terms of paragraph (a)(1) or paragraph (c)(1) of this section, other than an offense for which absolute liability has been imposed, it shall be a defense if the defendant proves by a preponderance of evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. This subsection shall not apply if it is plainly inconsistent with the legislative purpose in defining the particular offense.

(e) Persons acting or under a duty to act for organizations.--

(1) A person is legally accountable for any conduct he performs or causes to be performed in the name of a corporation or an unincorporated association or in its behalf to the same extent as if it were performed in his own name or behalf.

(2) Whenever a duty to act is imposed by law upon a corporation or an unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon himself.

(3) When a person is convicted of an offense by reason of his legal accountability for the conduct of a corporation or an unincorporated association, he is subject to the sentence authorized by law when a natural person is convicted of an offense of the grade and the degree involved.

(f) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Agent." Any director, officer, servant, employee or other person authorized to act in behalf of the corporation or association and, in the case of an unincorporated association, a member of such association.

"Corporation." Does not include an entity organized as or by a governmental agency for the execution of a governmental program.

"High managerial agent." An officer of a corporation or an unincorporated association, or, in the case of a partnership, a partner, or any other agent of a corporation or association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or association.

Cross References. Section 307 is referred to in section 6305 of this title.

§ 308. Intoxication or drugged condition.

Neither voluntary intoxication nor voluntary drugged condition is a defense to a criminal charge, nor may evidence of such conditions be introduced to negative the element of intent of the offense, except that evidence of such intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to reduce murder from a higher degree to a lower degree of murder.

(Apr. 7, 1976, P.L.72, No.32, eff. imd.)

§ 309. Duress.

(a) General rule.--It is a defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.

(b) Exception.--The defense provided by subsection (a) of this section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.

Cross References. Section 309 is referred to in section 9711 of Title 42 (Judiciary and Judicial Procedure).

§ 310. Military orders.

It is a defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know and cannot reasonably be expected to know to be unlawful.

§ 311. Consent.

(a) General rule.--The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(b) Consent to bodily injury.--When conduct is charged to constitute an offense because it causes or threatens bodily injury, consent to such conduct or to the infliction of such injury is a defense if:

(1) the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

(2) the consent establishes a justification for the conduct under Chapter 5 of this title (relating to general principles of justification).

(c) Ineffective consent.--Unless otherwise provided by this title or by the law defining the offense, assent does not constitute consent if:

(1) it is given by a person who is legally incapacitated to authorize the conduct charged to constitute the offense;

(2) it is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;

(3) it is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or

(4) it is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.

(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

1992 Amendment. Act 24 amended subsec. (c).

Cross References. Section 311 is referred to in sections 2607, 2718 of this title.

§ 312. De minimis infractions.

(a) General rule.--The court shall dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the conduct of the defendant:

(1) was within a customary license or tolerance, neither expressly negatived by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense;

(2) did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or

(3) presents such other extenuations that it cannot reasonably be regarded as envisaged by the General Assembly or other authority in forbidding the offense.

(b) Written statement.--The court shall not dismiss a prosecution under this section without filing a written statement of its reasons, except that if the attorney for the Commonwealth is the moving party for such dismissal no such written statement need be filed.

(June 22, 1978, P.L.494, No.73, eff. 60 days)

1978 Amendment. Act 73 amended subsec. (b).

§ 313. Entrapment.

(a) General rule.--A public law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages another person to engage in conduct constituting such offense by either:

(1) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or

(2) employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

(b) Burden of proof.--Except as provided in subsection (c) of this section, a person prosecuted for an offense shall be acquitted if he proves by a preponderance of evidence that his conduct occurred in response to an entrapment.

(c) Exception.--The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

§ 314. Guilty but mentally ill.

(a) General rule.--A person who timely offers a defense of insanity in accordance with the Rules of Criminal Procedure may be found "guilty but mentally ill" at trial if the trier of facts finds, beyond a reasonable doubt, that the person is guilty of an offense, was mentally ill at the time of the commission of the offense and was not legally insane at the time of the commission of the offense.

(b) Plea of guilty but mentally ill.--A person who waives his right to trial may plead guilty but mentally ill. No plea of guilty but mentally ill may be accepted by the trial judge until he has examined all reports prepared pursuant to the Rules of Criminal Procedure, has held a hearing on the sole issue of the defendant's mental illness at which either party may present evidence and is satisfied that the defendant was mentally ill at the time of the offense to which the plea is entered. If the trial judge refuses to accept a plea of guilty but mentally ill, the defendant shall be permitted to withdraw his plea. A defendant whose plea is not accepted by the court shall be entitled to a jury trial, except that if a defendant subsequently waives his right to a jury trial, the judge who presided at the hearing on mental illness shall not preside at the trial.

(c) Definitions.--For the purposes of this section and 42 Pa.C.S. § 9727 (relating to disposition of persons found guilty but mentally ill):

(1) "Mentally ill." One who as a result of mental disease or defect, lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

(2) "Legal insanity." At the time of the commission of the act, the defendant was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know he was doing what was wrong.

(d) Common law M'Naghten's Rule preserved.--Nothing in this section shall be deemed to repeal or otherwise abrogate the common law defense of insanity (M'Naghten's Rule) in effect in this Commonwealth on the effective date of this section.

(Dec. 15, 1982, P.L.1262, No.286, eff. 90 days)

1982 Amendment. Act 286 added section 314. Section 4 of Act 286 provided that Act 286 shall apply to all indictments or informations filed on or after the effective date of Act 286.

Cross References. Section 314 is referred to in section 9727 of Title 42 (Judiciary and Judicial Procedure).

§ 315. Insanity.

(a) General rule.--The mental soundness of an actor engaged in conduct charged to constitute an offense shall only be a defense to the charged offense when the actor proves by a preponderance of evidence that the actor was legally insane at the time of the commission of the offense.

(b) Definition.--For purposes of this section, the phrase "legally insane" means that, at the time of the commission of the offense, the actor was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if the actor did know the quality of the act, that he did not know that what he was doing was wrong.

(Dec. 15, 1982, P.L.1262, No.286, eff. 90 days)

1982 Amendment. Act 286 added section 315. Section 4 of Act 286 provided that Act 286 shall apply to all indictments or informations filed on or after the effective date of Act 286.

CHAPTER 5

GENERAL PRINCIPLES OF JUSTIFICATION

Sec.

501. Definitions.

502. Justification a defense.

503. Justification generally.

504. Execution of public duty.

505. Use of force in self-protection.

506. Use of force for the protection of other persons.

507. Use of force for the protection of property.

508. Use of force in law enforcement.

509. Use of force by persons with special responsibility for care, discipline or safety of others.

510. Justification in property crimes.

Enactment. Chapter 5 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References. Chapter 5 is referred to in sections 311, 908.1, 2503, 2507, 2605, 2608 of this title; section 711 of Title 51 (Military Affairs).

§ 501. Definitions.

Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases, when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Believes" or "belief." Means "reasonably believes" or "reasonable belief."

"Correctional institution." Any penal institution, penitentiary, State farm, reformatory, prison, jail, house of correction, or other institution for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses.

"Corrections officer." A full-time employee assigned to the Department of Corrections whose principal duty is the care, custody and control of inmates of a penal or correctional institution operated by the Department of Corrections.

"Deadly force." Force which, under the circumstances in which it is used, is readily capable of causing death or serious bodily injury.

"Dwelling." Any building or structure, including any attached porch, deck or patio, though movable or temporary, or a portion thereof, which is for the time being the home or place of lodging of the actor.

"Peace officer." Any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or any person on active State duty pursuant to 51 Pa.C.S. § 508 (relating to active duty for emergency). The term "peace officer" shall also include any member of any park police department of any county of the third class.

"Residence." A dwelling in which a person resides, either temporarily or permanently, or visits as an invited guest.

"Unlawful force." Force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily injury.

"Vehicle." A conveyance of any kind, whether or not motorized, that is designed to transport people or property.

(July 6, 1984, P.L.647, No.134, eff. 90 days; July 17, 2007, P.L.139, No.41, eff. 60 days; June 28, 2011, P.L.48, No.10, eff. 60 days)

2011 Amendment. See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.

Cross References. Section 501 is referred to in sections 2507, 2702.1 of this title; section 75A01 of Title 35 (Health and Safety); section 9719.1 of Title 42 (Judiciary and Judicial Procedure); section 7302 of Title 44 (Law and Justice).

§ 502. Justification a defense.

In any prosecution based on conduct which is justifiable under this chapter, justification is a defense.

§ 503. Justification generally.

(a) General rule.--Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if:

(1) the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;

(2) neither this title nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and

(3) a legislative purpose to exclude the justification claimed does not otherwise plainly appear.

(b) Choice of evils.--When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

§ 504. Execution of public duty.

(a) General rule.--Except as provided in subsection (b) of this section, conduct is justifiable when it is required or authorized by any law of the following:

(1) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties.

(2) The law governing the execution of legal process.

(3) The judgment or order of a competent court or tribunal.

(4) The law governing the armed services or the lawful conduct of war.

(5) Any other provision of law imposing a public duty.

(b) Exceptions.--The other sections of this chapter apply to:

(1) The use of force upon or toward the person of another for any of the purposes dealt with in such sections.

(2) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of war.

(c) Requisite state of mind.--The justification afforded by subsection (a) of this section applies:

(1) when the actor believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and

(2) when the actor believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.

§ 505. Use of force in self-protection.

(a) Use of force justifiable for protection of the person.--The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(b) Limitations on justifying necessity for use of force.--

(1) The use of force is not justifiable under this section:

(i) to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or

(ii) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

(A) the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;

(B) the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or

(C) the actor believes that such force is necessary to protect himself against death or serious bodily injury.

(2) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:

(i) the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or

(ii) the actor knows that he can avoid the necessity of using such force with complete safety by retreating, except the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be.

(2.1) Except as otherwise provided in paragraph (2.2), an actor is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist:

(i) The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or the person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle.

(ii) The actor knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.

(2.2) The presumption set forth in paragraph (2.1) does not apply if:

(i) the person against whom the force is used has the right to be in or is a lawful resident of the dwelling, residence or vehicle, such as an owner or lessee;

(ii) the person sought to be removed is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the protective force is used;

(iii) the actor is engaged in a criminal activity or is using the dwelling, residence or occupied vehicle to further a criminal activity; or

(iv) the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.

(2.3) An actor who is not engaged in a criminal activity, who is not in illegal possession of a firearm and who is attacked in any place where the actor would have a duty to retreat under paragraph (2)(ii) has no duty to retreat and has the right to stand his ground and use force, including deadly force, if:

(i) the actor has a right to be in the place where he was attacked;

(ii) the actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat; and

(iii) the person against whom the force is used displays or otherwise uses:

(A) a firearm or replica of a firearm as defined in 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms); or

(B) any other weapon readily or apparently capable of lethal use.

(2.4) The exception to the duty to retreat set forth under paragraph (2.3) does not apply if the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.

(2.5) Unless one of the exceptions under paragraph (2.2) applies, a person who unlawfully and by force enters or attempts to enter an actor's dwelling, residence or occupied vehicle or removes or attempts to remove another against that other's will from the actor's dwelling, residence or occupied vehicle is presumed to be doing so with the intent to commit:

(i) an act resulting in death or serious bodily injury; or

(ii) kidnapping or sexual intercourse by force or threat.

(2.6) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

(3) Except as otherwise required by this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.

(c) Use of confinement as protective force.--The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

(d) Definition.--As used in this section, the term "criminal activity" means conduct which is a misdemeanor or felony, is not justifiable under this chapter and is related to the confrontation between an actor and the person against whom force is used.

(June 28, 2011, P.L.48, No.10, eff. 60 days)

2011 Amendment. Act 10 amended subsec. (b) and added subsec. (d). See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.

Cross References. Section 505 is referred to in section 506 of this title; section 6304 of Title 23 (Domestic Relations); section 8340.2 of Title 42 (Judiciary