Pennsylvania Crimes Code
Section 101. Short Title of Title.
This title shall be known, and may be cited as, the
"Crimes Code."
Section 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, either the
death of the victim 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
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.
Section 103. Definitions.
Subject to additional definitions contained in
subsequent provisions of this title which are applicable to
specific provisions of this part, the following words and
phrases when used in this title shall have, unless the
context clearly indicates otherwise, the meanings given to
them in this section:
"Act" or "action." A bodily movement whether
voluntary
or involuntary.
"Actor." Includes, where relevant, a person guilty of
an
omission.
"Acted." Includes, where relevant, "omitted to
act."
"Cohabit." To live together under the representation or
appearance of being married.
"Conduct." An action or omission and its accompanying
state of mind, or, where relevant, a series of acts and
omissions.
"Court." Includes (when exercising criminal or quasi-
criminal jurisdiction pursuant to 42 Pa.C.S. section 1515
(relating to jurisdiction and venue)) a district justice.
(Added by L.1978, Act 53(7(1)), eff. 6/27/78.)
"Element of an offense." Such conduct or such attendant
circumstances or such a result of conduct as:
(1) is included in the description of the forbidden
conduct in the definition of the offense;
(2) establishes the required kind of culpability;
(3) negatives an excuse or justification for such
conduct;
(4) negatives a defense under the statute of limitation;
or
(5) establishes jurisdiction or venue.
"Fiduciary." Includes trustee, guardian, executor,
administrator, receiver and any person carrying on
fiduciary functions on behalf of a corporation or other
organization which is a fiduciary.
"Intentionally." The meaning specified in section 302
of
this title (relating to general requirements of
culpability) and equivalent terms such as "with
intent,"
"designed" or "with design" have the same
meaning.
"Judge." Includes (when exercising criminal or quasi-
criminal jurisdiction pursuant to 42 Pa.C.S. section 1515
(relating to jurisdiction and venue)) a district justice.
(Added by L.1978, Act 53 section 7(1), eff. 6/27/78.)
"Knowingly." The meaning specified in section 302 of
this title (relating to general requirements of
culpability) and equivalent terms such as "knowing" or
"with knowledge" have the same meaning.
"Material element of an offense." An element that does
not relate exclusively to the statute of limitations,
jurisdiction, venue or to any other matter similarly
unconnected with:
(1) the harm or evil incident to conduct, sought to be
prevented by the law defining the offense; or
(2) the existence of a justification or excuse for such
conduct.
"Negligently." The meaning specified in section 302 of
this title (relating to general requirements of
culpability) and equivalent terms such as "negligence"
or
"with negligence" have the same meaning.
"Omission." A failure to act.
"Police officer." The term shall include the sheriff of
a county of the second class and deputy sheriffs of a
county of the second class who have successfully completed
the requirements under the act of June 18, 1974 (P.L.359,
No. 120), referred to as the Municipal Police Education and
Training Law. (Added by L. 1995, Act 66(1), eff.
1/21/96.)
"Purposely" or "with purpose." Intentionally.
"Reasonably believes" or " reasonable
belief." A belief
which the actor is not reckless or negligent in holding.
"Recklessly." The meaning specified in section 302 of
this title (relating to general requirements of
culpability) and equivalent terms such as
"recklessness" or
"with recklessness" have the same meaning.
"Statute." Includes the Constitution of Pennsylvania
and
a local law or ordinance of a political subdivision.
"Whoever." Includes any person.
Section 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
Section 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.