reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 905 - Grading of criminal attempt, solicitation and conspiracy

§ 905. Grading of criminal attempt, solicitation and conspiracy.
(a) Grading.--
Except as otherwise provided in this title, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy.
(b) Mitigation.--
If the particular conduct charged to constitute a criminal attempt, solicitation or conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither such conduct nor the actor presents a public danger warranting the grading of such offense under this section, the court may dismiss the prosecution.
(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 906 - Multiple convictions of inchoate crimes barred

§ 906. Multiple convictions of inchoate crimes barred.
A person may not be convicted of more than one of the inchoate crimes of criminal attempt, criminal solicitation or criminal conspiracy for conduct designed to commit or to culminate in the commission of the same crime.
(Dec. 11, 1986, P.L.1517, No.164, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 907 - Possessing instruments of crime

§ 907. Possessing instruments of crime.
(a) Criminal instruments generally.--
A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.
(b) Possession of weapon.--
A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.
(c) Unlawful body armor.--
A person commits a felony of the third degree if in the course of the commission of a felony or in the attempt to commit a felony he uses or wears body armor or has in his control, custody or possession any body armor.
(d) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Body armor." Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.
"Instrument of crime." Any of the following:
(1) Anything specially made or specially adapted for criminal use.
(2) Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.
"Weapon." Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.
(July 6, 1995, P.L.238, No.27, eff. 60 days; July 11, 1996, P.L.552, No.98, eff. 60 days)
1996 Amendment.
Act 98 overlooked the amendment by Act 27 of 1995, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 907.
Cross References.
Section 907 is referred to in sections 912, 2718 of this title; section 6102 of Title 23 (Domestic Relations); section 9774.1 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 908.1 - Use or possession of electric or electronic incapacitation device

§ 908.1. Use or possession of electric or electronic incapacitation device.
(a) Offense defined.--
Except as set forth in subsection (b), a person commits an offense if the person does any of the following:
(1) Uses an electric or electronic incapacitation device on another person for an unlawful purpose.
(2) Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.
(b) Self defense.--
A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property pursuant to Chapter 5 (relating to general principles of justification) if the electric or electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.
(c) Prohibited possession.--
No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.
(d) Grading.--
An offense under subsection (a) shall constitute a felony of the second degree if the actor acted with the intent to commit a felony. Otherwise any offense under this section is graded as a misdemeanor of the first degree.
(e) Exceptions.--
Nothing in this section shall prohibit the possession or use by, or the sale or furnishing of any electric or electronic incapacitation device to, a law enforcement agency, peace officer, employee of a correctional institution, county jail or prison or detention center, the National Guard or reserves or a member of the National Guard or reserves for use in their official duties.
(f) Definition.--
As used in this section, the term "electric or electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.
(Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)
2002 Amendment.
Act 132 added section 908.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 909 - Manufacture, distribution or possession of master keys for motor vehicles

§ 909. Manufacture, distribution or possession of master keys for motor vehicles.
(a) Offense defined.--
A person commits a misdemeanor of the first degree if he manufactures, distributes, or possesses any motor vehicle master key.
(b) Exception.--
Subsection (a) of this section shall not apply to:
(1) The introduction, manufacture for introduction, transportation, distribution, sale or possession in commerce in this Commonwealth of motor vehicle master keys for use in the ordinary course of business by any commercial or professional locksmith, common carrier, contract carrier, motor vehicle fleet owner, new or used car dealer, rental car agency, car manufacturer, automobile club or association operating in more than one state or an affiliate thereof, or any department, agency, or instrumentality of:
(i) the Commonwealth of Pennsylvania, the United States, any state, the District of Columbia, or any possession of the United States; or
(ii) any political subdivision of any entity specified in subparagraph (i) of this paragraph.
(2) The shipment, transportation, or delivery for shipment in commerce in this Commonwealth of motor vehicle master keys in the ordinary course of business by any common carrier or contract carrier.
(c) Definition.--
As used in this section "master key" means any key adapted to fit the ignition switch, trunk or door of two or more motor vehicles, the ignition switches, trunks or doors of which are designed to be operated by keys.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 912 - Possession of weapon on school property

§ 912. Possession of weapon on school property.
(a) Definition.--
Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.
(b) Offense defined.--
A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
(c) Defense.--
It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.
(Oct. 16, 1980, P.L.978, No.167, eff. 60 days)
1980 Amendment.
Act 167 added section 912.
Cross References.
Section 912 is referred to in section 6105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Extra - Chapter Notes

Enactment.
Chapter 11 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Chapter 11 is referred to in section 305 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1101 - Fines

§ 1101. Fines.
A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:
(1) $50,000, when the conviction is of murder or attempted murder.
(2) $25,000, when the conviction is of a felony of the first or second degree.
(3) $15,000, when the conviction is of a felony of the third degree.
(4) $10,000, when the conviction is of a misdemeanor of the first degree.
(5) $5,000, when the conviction is of a misdemeanor of the second degree.
(6) $2,500, when the conviction is of a misdemeanor of the third degree.
(7) $300, when the conviction is of a summary offense for which no higher fine is established.
(8) Any higher amount equal to double the pecuniary gain derived from the offense by the offender.
(9) Any higher or lower amount specifically authorized by statute.
(Mar. 22, 1974, P.L.210, No.44, eff. imd.; Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.970, No.5, eff. 60 days)
1995 Amendments.
Act 5, 1st Sp.Sess., overlooked the amendment by Act 3, 1st Sp.Sess., but the amendments do not conflict in substance and both have been given effect in setting forth the text of section 1101.
Cross References.
Section 1101 is referred to in sections 910, 3013, 3308 of this title; section 1571 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1102 - Sentence for murder, murder of unborn child and murder of law enforcement officer

§ 1102. Sentence for murder, murder of unborn child and murder of law enforcement officer.
(a) First degree.--
(1) Except as provided under section 1102.1 (relating to sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer), a person who has been convicted of a murder of the first degree or of murder of a law enforcement officer of the first degree shall be sentenced to death or to a term of life imprisonment in accordance with 42 Pa.C.S. § 9711 (relating to sentencing procedure for murder of the first degree).
(2) The sentence for a person who has been convicted of first degree murder of an unborn child shall be the same as the sentence for murder of the first degree, except that the death penalty shall not be imposed. This paragraph shall not affect the determination of an aggravating circumstance under 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman.
(b) Second degree.--
Except as provided under section 1102.1, a person who has been convicted of murder of the second degree, of second degree murder of an unborn child or of second degree murder of a law enforcement officer shall be sentenced to a term of life imprisonment.
(c) Attempt, solicitation and conspiracy.--
Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), a person who has been convicted of attempt, solicitation or conspiracy to commit murder, murder of an unborn child or murder of a law enforcement officer where serious bodily injury results may be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years. Where serious bodily injury does not result, the person may be sentenced to a term of imprisonment which shall be fixed by the court at not more than 20 years.
(d) Third degree.--
Notwithstanding section 1103, a person who has been convicted of murder of the third degree or of third degree murder of an unborn child shall be sentenced to a term which shall be fixed by the court at not more than 40 years.
(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.970, No.5, eff. 60 days; Oct. 2, 1997, P.L.379, No.44, eff. 180 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. imd.)
2012 Amendment.
Act 204 amended subsecs. (a)(1) and (b).
2008 Amendment.
Act 131 amended the section heading and subsecs. (a), (b) and (c).
Cross References.
Section 1102 is referred to in sections 106, 2604 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1103 - Sentence of imprisonment for felony

§ 1103. Sentence of imprisonment for felony.
Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:
(1) In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.
(2) In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years.
(3) In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.
(Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)
Cross References.
Section 1103 is referred to in sections 1102, 2702.1, 3011, 3121, 3123 of this title; sections 9714, 9718.2 of Title 42 (Judiciary and Judicial Procedure); section 1571 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1104 - Sentence of imprisonment for misdemeanors

§ 1104. Sentence of imprisonment for misdemeanors.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall be not more than:
(1) Five years in the case of a misdemeanor of the first degree.
(2) Two years in the case of a misdemeanor of the second degree.
(3) One year in the case of a misdemeanor of the third degree.
Cross References.
Section 1104 is referred to in section 1571 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1105 - Sentence of imprisonment for summary offenses

§ 1105. Sentence of imprisonment for summary offenses.
A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1107 - Restitution for theft of timber

§ 1107. Restitution for theft of timber.
Any person convicted for the theft of standing timber under section 3921 (relating to theft by unlawful taking or disposition) shall, in addition to any other sentence imposed, be sentenced to pay the owner of the timber restitution in an amount twice the value of the timber taken.
(Oct. 11, 1984, P.L.892, No.173, eff. imd.)
1984 Amendment.
Act 173 added section 1107.
Cross References.
Section 1107 is referred to in section 8311 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1107.1 - Restitution for identity theft

§ 1107.1. Restitution for identity theft.
(a) General rule.--
The court shall, in addition to any other restitution sentence or order authorized by law, sentence a person convicted of a violation of section 4106 (relating to access device fraud) or 4120 (relating to identity theft) to make restitution for all reasonable expenses incurred by the victim or on the victim's behalf:
(1) to investigate theft of the victim's identity;
(2) to bring or defend civil or criminal actions related to theft of the victim's identity; or
(3) to take other efforts to correct the victim's credit record or negative credit reports related to theft of the victim's identity.
(b) Types of expenses.--
The types of expenses recoverable under this section include, but are not limited to:
(1) fees for professional services by attorneys or accountants;
(2) fees and costs imposed by credit bureaus, associated with efforts to correct the victim's credit record, incurred in private investigations or associated with contesting unwarranted debt collections; and
(3) court costs and filing fees.
(Sept. 18, 2009, P.L.391, No.42, eff. 60 days)
2009 Amendment.
Act 42 added section 1107.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1108 - District attorneys' standing and interest in prisoner litigation

§ 1108. District attorneys' standing and interest in prisoner litigation.
The district attorney shall receive written notice of, and shall have automatic standing and a legal interest in, any proceeding which may involve the release or nonadmission of county prisoners, delinquents or detainees due to the fact, duration or other conditions of custody. In addition to the district attorney's rights in such a proceeding, the district attorney may seek any equitable relief necessary to protect the district attorney's interest in the continued institutional custody and admission of county prisoners, delinquents or detainees.
(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)
1988 Amendment.
Act 31 added section 1108.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1109 - Costs

§ 1109. Costs.
In addition to any other sentence imposed, the court may order an offender to pay the cost of any reward paid for the apprehension and conviction of the offender.
(Sept. 26, 1995, 1st Sp.Sess., P.L.1056, No.20, eff. 60 days)
1995 Amendment.
Act 20, 1st Sp.Sess., added section 1109. Section 4 of Act 20 provided that section 1109 shall apply to sentences imposed on or after the effective date of Act 20.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1110 - Restitution for cleanup of clandestine laboratories

§ 1110. Restitution for cleanup of clandestine laboratories.
(a) General rule.--
When any person is convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act involving the manufacture of a controlled substance, the court shall order the person to make restitution for the costs incurred in the cleanup, including labor costs, equipment and supplies, of any clandestine laboratory used by the person to manufacture the controlled substance.
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Clandestine laboratory." A location or site, including buildings or vehicles, in which glassware, heating devices, precursors or related reagents or solvents which are intended to be used or are used to unlawfully manufacture a controlled substance are located.
"Cleanup." Actions necessary to contain, collect, control, identify, analyze, disassemble, treat, remove or otherwise disperse all substances and materials in a clandestine laboratory, including those found to be hazardous waste and any contamination caused by those substances or materials.
"The Controlled Substance, Drug, Device and Cosmetic Act." The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(Nov. 19, 2004, P.L.848, No.109, eff. 60 days)
2004 Amendment.
Act 109 added section 1110.
Cross References. Section 1110 is referred to in section 7508.2 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 11 - Authorized Disposition of Offenders › Section 1111 - Accelerated Rehabilitative Disposition prohibited

§ 1111. Accelerated Rehabilitative Disposition prohibited.
The attorney for the Commonwealth may not recommend and the court may not authorize placement on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following if the victim was, at the time of the commission of the offense, under 18 years of age:
(1) Section 3121 (relating to rape).
(2) Section 3123 (relating to involuntary deviate sexual intercourse).
(3) Section 3125 (relating to aggravated indecent assault).
(June 28, 2018, P.L.364, No.50, eff. 60 days)
2018 Amendment.
Act 50 added section 1111.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Extra - Chapter Notes

Prior Provisions.
The number and heading of Chapter 13 were added December 6, 1972, P.L.1482, No.334.
            Unless otherwise noted, the remaining provisions of Chapter 13 were added December
            30, 1974, P.L.1052, No.345.
Prior Provisions.
Subchapter G was added November 26, 1978, P.L.1316, No.319, effective January 1, 1979.
            Former Subchapter G, which related to sentencing council, was added December 30, 1974,
            P.L.1052, No.345, and repealed November 26, 1978, P.L.1316, No.319, effective January
            1, 1979.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Section 1301 - (Transferred)

Transfer Note.
Chapter 13 was renumbered and transferred to Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days.
Prior Provisions.
The number and heading of Chapter 13 were added December 6, 1972, P.L.1482, No.334. Unless otherwise noted, the remaining provisions of Chapter 13 were added December 30, 1974, P.L.1052, No.345.
SUBCHAPTER A
GENERAL PROVISIONS
(Transferred)
Transfer Note.
Subchapter A (§ 1301) was renumbered and transferred to Subchapter A of Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Section 1311 - & § 1312 (Transferred)

Transfer Note.
Subchapter B (§§ 1311 & 1312) was renumbered and transferred to Subchapter B of Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Section 1321 - § 1326 - (Transferred)

Transfer Note.
Subchapter C (§§ 1321 - 1326) was renumbered and transferred to Subchapter C of Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Section 1331 - § 1337 - (Transferred)

Transfer Note.
Subchapter D (§§ 1331 - 1337) was renumbered and transferred to Subchapter D of Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Section 1351 - § 1362 - (Transferred)

Transfer Note.
Subchapter E (§§ 1351 - 1362) was renumbered and transferred to Subchapter E of Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Section 1371 - & § 1372 (Transferred)

Transfer Note.
Subchapter F (§§ 1371 & 1372) was renumbered and transferred to Subchapter F of Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 13 - Authority of Court in Sentencing (Transferred) › Section 1381 - § 1385 - (Repealed)

Repeal and Transfer Note.
Subchapter G (§§ 1381 - 1386) was repealed except for section 1386 which was renumbered 9781 and transferred to Subchapter G of Chapter 97 of Title 42 (Judiciary and Judicial Procedure) October 5, 1980, P.L.693, No.142, effective in 60 days. The subject matter of former sections 1381 through 1385 is now contained in Subchapter F of Chapter 21 of Title 42.
Prior Provisions.
Subchapter G was added November 26, 1978, P.L.1316, No.319, effective January 1, 1979. Former Subchapter G, which related to sentencing council, was added December 30, 1974, P.L.1052, No.345, and repealed November 26, 1978, P.L.1316, No.319, effective January 1, 1979.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 21 - Offenses Against the Flag › Section 2101 - Display of flag at public meetings

§ 2101. Display of flag at public meetings.
(a) Offense defined.--
A person is guilty of a summary offense if, being directly or indirectly in charge of any public gathering, in any place, he fails at such gathering to display publicly and visibly the flag of the United States reasonably clean and in good repair.
(b) Exceptions.--
(1) Subsection (a) of this section does not apply to gatherings for religious worship.
(2) The provisions of subsection (a) of this section do not prohibit the exhibition of torn, soiled or worn flags of the United States which have historical significance when exhibited in conjunction with the type of flag required by subsection (a) of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 21 - Offenses Against the Flag › Section 2102 - Desecration of flag

§ 2102. Desecration of flag.
(a) Offense defined.--
A person is guilty of a misdemeanor of the third degree if, in any manner, he:
(1) for exhibition or display places any marks, writing or design of any nature or any advertisement upon any flag;
(2) exposes to public view any such marked or defiled flag;
(3) manufactures, sells, exposes for sale, gives away, or has in his possession for any of such purposes any article which uses the flag for the purposes of advertisement, sale or trade; or
(4) publicly or privately mutilates, defaces, defiles, or tramples upon, or casts contempt in any manner upon any flag.
(b) Exception.--
Subsection (a) of this section does not apply:
(1) To any act permitted by the statutes of the United States, or by the regulations of the armed forces of the United States.
(2) In a case where the government of the United States has granted the use of such flag, standard, color, or ensign as a trademark.
(3) To any writing or instrument, or stationery for use in correspondence on any of which shall be printed, painted, or placed said flag, disconnected from any advertisement for the purpose of sale or trade.
(4) To any patriotic or political demonstration or decorations.
(c) Definition.--
As used in this section the word "flag" shall include any flag, standard, color, ensign or any picture or representation of any thereof, made of any substance or represented on any substance and of any size, purporting to be a flag, standard, color or ensign of the United States or of the Commonwealth, or a picture or a representation of any thereof, upon which shall be shown the colors or any color, or any combination of colors, or either the stars or the stripes, or the stars and the stripes, in any number of either thereof, or anything which the person seeing the same, may reasonably believe the same to represent the flag, colors, standard or ensign of the United States or of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 21 - Offenses Against the Flag › Section 2103 - Insults to national or Commonwealth flag

§ 2103. Insults to national or Commonwealth flag.
A person is guilty of a misdemeanor of the second degree if he maliciously takes down, defiles, injures, removes or in any manner damages, insults, or destroys any American flag or the flag of the Commonwealth which is displayed anywhere.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 23 - General Provisions › Section 2301 - Definitions

§ 2301. Definitions.
Subject to additional definitions contained in subsequent provisions of this article which are applicable to specific chapters or other provisions of this article, the following words and phrases, when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Bodily injury."
Impairment of physical condition or substantial pain.
"Deadly weapon."
Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury.
"Serious bodily injury."
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
"Serious provocation."
Conduct sufficient to excite an intense passion in a reasonable person.
Cross References.
Section 2301 is referred to in sections 2602, 2801, 3101, 3505, 5106, 5131 of this title; section 6338.1 of Title 23 (Domestic Relations); sections 6302, 6355 of Title 42 (Judiciary and Judicial Procedure); sections 3326, 3327 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Extra - Chapter Notes

Enactment.
Chapter 25 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Chapter 25 is referred to in sections 911, 2602, 3502 of this title; section 5432
            of Title 20 (Decedents, Estates and Fiduciaries); sections 2511, 3103, 5329, 6344
            of Title 23 (Domestic Relations); sections 5750, 5985.1, 5993, 6302, 9774.1 of Title
            42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Section 2501 - Criminal homicide

§ 2501. Criminal homicide.
(a) Offense defined.--
A person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being.
(b) Classification.--
Criminal homicide shall be classified as murder, voluntary manslaughter, or involuntary manslaughter.
Cross References.
Section 2501 is referred to in section 5708 of this title; section 4503 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Section 2502 - Murder

§ 2502. Murder.
(a) Murder of the first degree.--
A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.--
A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
(c) Murder of the third degree.--
All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.
(d) Definitions.--
As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Fireman." Includes any employee or member of a municipal fire department or volunteer fire company.
"Hijacking." Any unlawful or unauthorized seizure or exercise of control, by force or violence or threat of force or violence.
"Intentional killing." Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
"Perpetration of a felony." The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
"Principal." A person who is the actor or perpetrator of the crime.
(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Apr. 28, 1978, P.L.84, No.39, eff. 60 days)
Cross References.
Section 2502 is referred to in sections 2506, 2507, 2602, 5702, 5708, 6105 of this title; section 5329 of Title 23 (Domestic Relations); sections 1515, 5551, 9711.1, 9718, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 3903, 4103, 5007, 6139, 7122 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Section 2503 - Voluntary manslaughter

§ 2503. Voluntary manslaughter.
(a) General rule.--
A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by:
(1) the individual killed; or
(2) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the individual killed.
(b) Unreasonable belief killing justifiable.--
A person who intentionally or knowingly kills an individual commits voluntary manslaughter if at the time of the killing he believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 of this title (relating to general principles of justification), but his belief is unreasonable.
(c) Grading.--
Voluntary manslaughter is a felony of the first degree.
(Nov. 17, 1995, 1st Sp.Sess., P.L.1144, No.36, eff. 60 days)
1995 Amendment.
Act 36, 1st Sp.Sess., amended subsec. (c).
Cross References.
Section 2503 is referred to in sections 5702, 5708, 6105 of this title; sections 1515, 9711, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 6139, 7122 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Section 2504 - Involuntary manslaughter

§ 2504. Involuntary manslaughter.
(a) General rule.--
A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.
(b) Grading.--
Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree.
(July 6, 1995, P.L.251, No.31, eff. 60 days)
Cross References.
Section 2504 is referred to in sections 2711, 6105 of this title; section 1611 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Section 2505 - Causing or aiding suicide

§ 2505. Causing or aiding suicide.
(a) Causing suicide as criminal homicide.--
A person may be convicted of criminal homicide for causing another to die by suicide only if he intentionally causes such suicide by force, duress or deception.
(b) Aiding or soliciting suicide as an independent offense.--
A person who intentionally aids or solicits another to die by suicide is guilty of a felony of the second degree if his conduct causes such suicide or an attempted suicide, and otherwise of a misdemeanor of the second degree.
(c) Sentencing.--
(1) The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under this section when at the time of the offense the person who died by suicide or was aided or solicited to die by suicide is under 18 years of age or has an intellectual disability or autism spectrum disorder.
(2) As used in this subsection, the following words and phrases shall have the meanings given to them in this paragraph unless the context clearly indicates otherwise:
"Autism spectrum disorder." As defined under 42 Pa.C.S. § 5992 (relating to definitions), regardless of the age of the individual.
"Intellectual disability." Regardless of the age of the individual, significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas:
(i) Communication.
(ii) Self-care.
(iii) Home living.
(iv) Social and interpersonal skills.
(v) Use of community resources.
(vi) Self-direction.
(vii) Functional academic skills.
(viii) Work.
(ix) Health.
(x) Safety.
(Sept. 30, 2021, P.L.400, No.71, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Section 2506 - Drug delivery resulting in death

§ 2506. Drug delivery resulting in death.
(a) Offense defined.--
A person commits a felony of the first degree if the person intentionally administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance in violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, and another person dies as a result of using the substance.
(b) Penalty.--
(1) A person convicted under subsection (a) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.
(2) Paragraph (1) shall not apply to a person convicted under section 2502(c) (relating to murder) when the victim is less than 13 years of age and the conduct arises out of the same criminal act.
(c) Proof of sentencing.--
(Deleted by amendment).
(d) Authority of court in sentencing.--
(Deleted by amendment).
(e) Appeal by Commonwealth.--
(Deleted by amendment).
(f) Forfeiture.--
Assets against which a forfeiture petition has been filed and is pending or against which the Commonwealth has indicated an intention to file a forfeiture petition shall not be subject to a fine. Nothing in this section shall prevent a fine from being imposed on assets which have been subject to an unsuccessful forfeiture petition.
(Dec. 22, 1989, P.L.773, No.109, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. 60 days; July 7, 2011, P.L.220, No.40, eff. 60 days; June 18, 2014, P.L.741, No.56, eff. 60 days)
2014 Amendment.
Act 56 amended subsec. (b).
Cross References.
Section 2506 is referred to in sections 3308, 5702 of this title; section 9714 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 25 - Criminal Homicide › Section 2507 - Criminal homicide of law enforcement officer

§ 2507. Criminal homicide of law enforcement officer.
(a) Murder of a law enforcement officer of the first degree.--
A person commits murder of a law enforcement officer of the first degree who intentionally kills a law enforcement officer while in the performance of duty knowing the victim is a law enforcement officer.
(b) Murder of a law enforcement officer of the second degree.--
A person commits murder of a law enforcement officer of the second degree who engages as a principal or an accomplice in the perpetration of a felony during which a law enforcement officer is killed while in the performance of duty.
(c) Manslaughter of a law enforcement officer in the first degree.--
A person commits a felony in the first degree who does any of the following:
(1) Without lawful justification kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing:
(i) the person is acting under a sudden and intense passion resulting from serious provocation by the victim killed; or
(ii) the person is acting under a sudden and intense passion resulting from serious provocation by another individual whom the actor endeavors to kill, but the person negligently or accidentally causes the death of the victim.
(2) Intentionally or knowingly kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing the person believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 (relating to general principles of justification), but his belief is unreasonable.
(d) Manslaughter of a law enforcement officer in the second degree.--
A person commits a felony of the second degree who, as a direct result of the doing of an unlawful or lawful act in a reckless or grossly negligent manner, causes the death of a law enforcement officer while in the performance of duty and the person knew or should have known the victim was a law enforcement officer.
(e) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Law enforcement officer." This term shall have the same meaning as the term "peace officer" is given under section 501 (relating to definitions).
"Perpetration of a felony." As defined under section 2502(d) (relating to murder).
(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
2008 Amendment.
Act 131 added section 2507.
Cross References.
Section 2507 is referred to in section 9714 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 26 - Crimes Against Unborn Child › Section 2602 - Definitions

§ 2602. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Abortion."
As defined in section 3203 (relating to definitions).
"Intentional killing."
Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
"Murder."
As used in this chapter, the term includes the same element of malice which is required to prove murder under Chapter 25 (relating to criminal homicide).
"Perpetration of a felony."
As defined in section 2502(d) (relating to murder).
"Principal."
As defined in section 2502(d) (relating to murder).
"Serious bodily injury."
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
"Serious provocation."
As defined in section 2301 (relating to definitions).
"Unborn child."
As defined in section 3203 (relating to definitions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 26 - Crimes Against Unborn Child › Section 2603 - Criminal homicide of unborn child

§ 2603. Criminal homicide of unborn child.
(a) Offense defined.--
An individual commits criminal homicide of an unborn child if the individual intentionally, knowingly, recklessly or negligently causes the death of an unborn child in violation of section 2604 (relating to murder of unborn child) or 2605 (relating to voluntary manslaughter of unborn child).
(b) Classification.--
Criminal homicide of an unborn child shall be classified as murder of an unborn child or voluntary manslaughter of an unborn child.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 26 - Crimes Against Unborn Child › Section 2604 - Murder of unborn child

§ 2604. Murder of unborn child.
(a) First degree murder of unborn child.--
(1) A criminal homicide of an unborn child constitutes first degree murder of an unborn child when it is committed by an intentional killing.
(2) The penalty for first degree murder of an unborn child shall be imposed in accordance with section 1102(a)(2) (relating to sentence for murder and murder of an unborn child).
(b) Second degree murder of unborn child.--
(1) A criminal homicide of an unborn child constitutes second degree murder of an unborn child when it is committed while the defendant was engaged as a principal or an accomplice in the perpetration of a felony.
(2) The penalty for second degree murder of an unborn child shall be the same as for murder of the second degree.
(c) Third degree murder of unborn child.--
(1) All other kinds of murder of an unborn child shall be third degree murder of an unborn child.
(2) The penalty for third degree murder of an unborn child is the same as the penalty for murder of the third degree.
Cross References.
Section 2604 is referred to in section 2603 of this title; section 9714 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 26 - Crimes Against Unborn Child › Section 2605 - Voluntary manslaughter of unborn child

§ 2605. Voluntary manslaughter of unborn child.
(a) Offense defined.--
A person who kills an unborn child without lawful justification commits voluntary manslaughter of an unborn child if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by:
(1) the mother of the unborn child whom the actor endeavors to kill, but he negligently or accidentally causes the death of the unborn child; or
(2) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the unborn child.
(b) Unreasonable belief killing justifiable.--
A person who intentionally or knowingly kills an unborn child commits voluntary manslaughter of an unborn child if at the time of the killing he believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 (relating to general principles of justification) but his belief is unreasonable.
(c) Penalty.--
The penalty for voluntary manslaughter of an unborn child shall be the same as the penalty for voluntary manslaughter.
Cross References.
Section 2605 is referred to in section 2603 of this title.