reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Extra - Title Notes

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.
Special Provisions in Appendix.
See section 9 of Act 105 of 2014 in the appendix to this title for special provisions
            relating to application of law.
Special Provisions in Appendix.
See the preamble to Act 178 of 2006 in the appendix to this title for special provisions
            relating to legislative intent.
18c3141s
Special Provisions in Appendix.
See section 2 of Act 154 of 1982 in the appendix to this title for special provisions
            relating to right of action for injunction, damages or other relief.
Special Provisions in Appendix.
See section 4 of Act 334 of 1972 in the appendix to this title for special provisions
            relating to the applicability of the Statutory Construction Act to this article.
Special Provisions in Appendix.
See the preamble to Act 66 of 2005 in the appendix to this title for special provisions
            relating to legislative findings and declarations.
Special Provisions in Appendix.
See the preamble to Act 17 of the First Special Session of 1995 in the appendix to
            this title for special provisions relating to legislative purpose.
Enactment.
Unless otherwise noted, the provisions of Title 18 were added December 6, 1972, P.L.1482,
            No.334, effective in six months.
Enactment.
Part I was added December 6, 1972, P.L.1482, No.334, effective in six months.
Enactment.
Part II was added December 6, 1972, P.L.1482, No.334, effective in six months.
Enactment.
Part III was added July 16, 1979, P.L.116, No.47, effective January 1, 1980.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 102 - Territorial applicability

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 104 - Purposes

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 105 - Principles of construction

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 107 - Application of preliminary provisions

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 108 - Time limitations

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 109 - When prosecution barred by former prosecution for the same offense

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 110 - When prosecution barred by former prosecution for different offense

§ 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 the offense of which the defendant was formerly convicted or acquitted was a summary offense or a summary traffic 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; July 11, 2022, P.L.1571, No.85, eff. imd.)
2022 Amendment.
Act 85 amended par. (1).
Cross References.
Section 110 is referred to in section 112 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 111 - When prosecution barred by former prosecution in another jurisdiction

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 1 - General Provisions › Section 112 - Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Extra - Chapter Notes

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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 301 - Requirement of voluntary act

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 303 - Causal relationship between conduct and result

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 304 - Ignorance or mistake

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 305 - Limitations on scope of culpability requirements

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 306 - Liability for conduct of another; complicity

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 308 - Intoxication or drugged condition

§ 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.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 309 - Duress

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 310 - Military orders

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 311 - Consent

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 312 - De minimis infractions

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 313 - Entrapment

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 314 - Guilty but mentally ill

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 3 - Culpability › Section 315 - Insanity

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 5 - General Principles of Justification › Extra - Chapter Notes

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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 5 - General Principles of Justification › Section 501 - Definitions

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 5 - General Principles of Justification › Section 503 - Justification generally

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 5 - General Principles of Justification › Section 504 - Execution of public duty

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 5 - General Principles of Justification › Section 506 - Use of force for the protection of other persons

§ 506. Use of force for the protection of other persons.
(a) General rule.--
The use of force upon or toward the person of another is justifiable to protect a third person when:
(1) the actor would be justified under section 505 (relating to use of force in self-protection) in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;
(2) under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
(3) the actor believes that his intervention is necessary for the protection of such other person.
(b) Exception.--
Notwithstanding subsection (a), the actor is not obliged to retreat to any greater extent than the person whom he seeks to protect.
(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 506 is referred to in section 6304 of Title 23 (Domestic Relations); section 8340.2 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 5 - General Principles of Justification › Section 510 - Justification in property crimes

§ 510. Justification in property crimes.
Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:
(1) this title or the law defining the offense deals with the specific situation involved; or
(2) a legislative purpose to exclude the justification claimed otherwise plainly appears.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Extra - Chapter Notes

Enactment.
Chapter 9 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Chapter 9 is referred to in section 3218 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 901 - Criminal attempt

§ 901. Criminal attempt.
(a) Definition of attempt.--
A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.
(b) Impossibility.--
It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the crime attempted.
(c) Renunciation.--
(1) In any prosecution for an attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the commission of the crime attempted by abandoning his criminal effort and, if the mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof.
(2) A renunciation is not "voluntary and complete" within the meaning of this subsection if it is motivated in whole or part by:
(i) a belief that circumstances exist which increase the probability of detection or apprehension of the defendant or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or
(ii) a decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective.
Cross References.
Section 901 is referred to in section 5702 of this title; sections 5552, 6302 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 902 - Criminal solicitation

§ 902. Criminal solicitation.
(a) Definition of solicitation.--
A person is guilty of solicitation to commit a crime if with the intent of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.
(b) Renunciation.--
It is a defense that the actor, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal intent.
Cross References.
Section 902 is referred to in section 5702 of this title; sections 5552, 6302 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 9 - Inchoate Crimes › Section 904 - Incapacity, irresponsibility or immunity of party to solicitation or conspiracy

§ 904. Incapacity, irresponsibility or immunity of party to solicitation or conspiracy.
(a) General rule.--
Except as provided in subsection (b) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that:
(1) he or the person whom he solicits or with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or
(2) the person whom he solicits or with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.
(b) Exception.--
It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under section 306(e) of this title (relating to status of actor) or section 306(f)(1) or (2) of this title (relating to exceptions).