Pennsylvania Crimes Code
Section 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.
"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 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 section 311, of the act of May 27, 1949 (P.L.
1903, No. 568), known as "The Military Code of 1949."
The
term "peace officer" shall also include any member of
any
park police department of any county of the third class.
(Chgd. by L.1984, Act 134(1), eff. 10/4/84.)
"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.
Section 502. Justification a Defense.
In any prosecution based on conduct which is justifiable
under this chapter, justification is a defense.
Section 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.
Section 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.
Section 505. Use of Force in
Self-Protection.
(a) Use of force justifiable for protection of the
person - The use of force upon or toward another person is
justifiable when the actor believes that such force is
immediately necessary for the purpose of protecting himself
against the use of unlawful force by such other person on
the present occasion.
(b) Limitations on justifying necessity for use of
force -
(1) The use of force is not justifiable under this
section:
(i) to resist an arrest which the actor knows is being
made by a peace officer, although the arrest is unlawful;
or
(ii) to resist force used by the occupier or possessor
of property or by another person on his behalf, where the
actor knows that the person using the force is doing so
under a claim of right to protect the property, except that
this limitation shall not apply if:
(A) the actor is a public officer acting in the
performance of his duties or a person lawfully assisting
him therein or a person making or assisting in a lawful
arrest;
(B) the actor has been unlawfully dispossessed of the
property and is making a reentry or recaption justified by
section 507 of this title (relating to use of force for the
protection of property); or
(C) the actor believes that such force is necessary to
protect himself against death or serious bodily injury.
(2) The use of deadly force is not justifiable under
this section unless the actor believes that such force is
necessary to protect himself against death, serious bodily
injury, kidnapping or sexual intercourse compelled by force
or threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or
serious bodily injury, provoked the use of force against
himself in the same encounter; or
(ii)
the actor knows that he can avoid the necessity of
using such force with complete safety by retreating or by
surrendering possession of a thing to a person asserting a
claim of right thereto or by complying with a demand that
he abstain from any action which he has no duty to take,
except that:
(A) the actor is not obliged to retreat from his
dwelling or place of work, unless he was the initial
aggressor or is assailed in his place of work by another
person whose place of work the actor knows it to be; and
(B) a public officer justified in using force in the
performance of his duties or a person justified in using
force in his assistance or a person justified in using
force in making an arrest or preventing an escape is not
obliged to desist from efforts to perform such duty, effect
such arrest or prevent such escape because of resistance or
threatened resistance by or on behalf of the person against
whom such action is directed.
(3) Except as required by paragraphs (1) and (2) of this
subsection, a person employing protective force may
estimate the necessity thereof under the circumstances as
he believes them to be when the force is used, without
retreating, surrendering possession, doing any other act
which he has no legal duty to do or abstaining from any
lawful action.
(c) Use of confinement as protective force - The
justification afforded by this section extends to the use
of confinement as protective force only if the actor takes
all reasonable measures to terminate the confinement as
soon as he knows that he safely can, unless the person
confined has been arrested on a charge of crime.
Section 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 of
this title (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) Exceptions - Notwithstanding subsection (a) of this
section:
(1) When the actor would be obliged under section 505 of
this title to retreat, to surrender the possession of a
thing or to comply with a demand before using force in
self-protection, he is not obliged to do so before using
force for the protection of another person, unless he knows
that he can thereby secure the complete safety of such
other person.
(2) When the person whom the actor seeks to protect
would be obliged under section 505 of this title to
retreat, to surrender the possession of a thing or to
comply with a demand if he knew that he could obtain
complete safety by so doing, the actor is obliged to try to
cause him to do so before using force in his protection if
the actor knows that he can obtain complete safety in that
way.
(3) Neither the actor nor the person whom he seeks to
protect is obliged to retreat when in the dwelling or place
of work of the other to any greater extent than in his own.
Section 507. Use of Force for the Protection
of Property.
(a) Use of force justifiable for protection of
property - The use of force upon or toward the person of
another is justifiable when the actor believes that such
force is immediately necessary:
(1) to prevent or terminate an unlawful entry or other
trespass upon land or a trespass against or the unlawful
carrying away of tangible movable property, if such land or
movable property is, or is believed by the actor to be, in
his possession or in the possession of another person for
whose protection he acts; or
(2) to effect an entry or reentry upon land or to retake
tangible movable property, if:
(i) the actor believes that he or the person by whose
authority he acts or a person from whom he or such other
person derives title was unlawfully dispossessed of such
land or movable property and is entitled to possession; and
(ii) -
(A) the force is used immediately or on fresh pursuit
after such dispossession; or
(B) the actor believes that the person against whom he
uses force has no claim of right to the possession of the
property and, in the case of land, the circumstances, as
the actor believes them to be, are of such urgency that it
would be an exceptional hardship to postpone the entry or
reentry until a court order is obtained.
(b) Meaning of possession - For the purpose of
subsection (a) of this section:
(1) A person who has parted with the custody of property
to another who refuses to restore it to him is no longer in
possession, unless the property is movable and was and
still is located on land in his possession.
(2) A person who has been dispossessed of land does not
regain possession thereof merely by setting foot thereon.
(3) A person who has a license to use or occupy real
property is deemed to be in possession thereof except
against the licensor acting under claim of right.
(c) Limitations on justifiable use of force -
(1) The use of force is justifiable under this section
only if the actor first requests the person against whom
such force is used to desist from his interference with the
property, unless the actor believes that:
(i) such request would be useless;
(ii) it would be dangerous to himself or another person
to make the request; or
(iii) substantial harm will be done to the physical
condition of the property which is sought to be protected
before the request can effectively be made.
(2) The use of force to prevent or terminate a trespass
is not justifiable under this section if the actor knows
that the exclusion of the trespasser will expose him to
substantial danger of serious bodily injury.
(3) The use of force to prevent an entry or reentry upon
land or the recaption of movable property is not
justifiable under this section, although the actor believes
that such reentry or caption is unlawful, if:
(i) the reentry or recaption is made by or on behalf of
a person who was actually dispossessed of the property; and
(ii) it is otherwise justifiable under subsection
(a)(2).
(4)(i) The use of deadly force is justifiable under this
section if:
(A) there has been an entry into the actor's dwelling;
(B) the actor neither believes nor has reason to believe
that the entry is lawful; and
(C) the actor neither believes nor has reason to believe
that force less than deadly force would be adequate to
terminate the entry.
(ii) If the conditions of justification provided in
subparagraph (i) have not been met, the use of deadly force
is not justifiable under this section unless the actor
believes that:
(A) the person against whom the force is used is
attempting to dispossess him of his dwelling otherwise than
under a claim of right to its possession; or
(B) such force is necessary to prevent the commission of
a felony in the dwelling.
(d) Use of confinement as protective force - The
justification afforded by this section extends to the use
of confinement as protective force only if the actor takes
all reasonable measures to terminate the confinement as
soon as he knows that he can do so with safety to the
property, unless the person confined has been arrested on a
charge of crime.
(e) Use of device to protect property - The
justification afforded by this section extends to the use
of a device for the purpose of protecting property only if:
(1) the device is not designed to cause or known to
create a substantial risk of causing death or serious
bodily injury;
(2) the use of the particular device to protect the
property from entry or trespass is reasonable under the
circumstances, as the actor believes them to be; and
(3) the device is one customarily used for such a
purpose or reasonable care is taken to make known to
probable intruders the fact that it is used.
(f) Use of force to pass wrongful obstructor - The use
of force to pass a person whom the actor believes to be
intentionally or knowingly and unjustifiably obstructing
the actor from going to a place to which he may lawfully go
is justifiable, if:
(1) the actor believes that the person against whom he
uses force has no claim of right to obstruct the actor;
(2) the actor is not being obstructed from entry or
movement on land which he knows to be in the possession or
custody of the person obstructing him, or in the possession
or custody of another person by whose authority the
obstructor acts, unless the circumstances, as the actor
believes them to be, are of such urgency that it would not
be reasonable to postpone the entry or movement on such
land until a court order is obtained; and
(3) the force used is not greater than it would be
justifiable if the person obstructing the actor were using
force against him to prevent his passage.
(Chgd. by L.1980, Act 235(1), eff. 12/18/80.)
Section 508. Use of Force in Law
Enforcement.
(a) Peace officer's use of force in making arrest -
(1) A peace officer, or any person whom he has summoned
or directed to assist him, need not retreat or desist from
efforts to make a lawful arrest because of resistance or
threatened resistance to the arrest. He is justified in the
use of any force which he believes to be necessary to
effect the arrest and of any force which he believes to be
necessary to defend himself or another from bodily harm
while making the arrest. However, he is justified in using
deadly force only when he believes that such force is
necessary to prevent death or serious bodily injury to
himself or such other person, or when he believes both
that:
(i) such force is necessary to prevent the arrest from
being defeated by resistance or escape; and
(ii) the person to be arrested has committed or
attempted a forcible felony or is attempting to escape and
possesses a deadly weapon, or otherwise indicates that he
will endanger human life or inflict serious bodily injury
unless arrested without delay.
(2) A peace officer making an arrest pursuant to an
invalid warrant is justified in the use of any force which
he would be justified in using if the warrant were valid,
unless he knows that the warrant is invalid.
(b) Private person's use of force in making arrest -
(1) A private person who makes, or assists another
private person in making a lawful arrest is justified in
the use of any force which he would be justified in using
if he were summoned or directed by a peace officer to make
such arrest, except that he is justified in the use of
deadly force only when he believes that such force is
necessary to prevent death or serious bodily injury to
himself or another.
(2) A private person who is summoned or directed peace
officer to assist in making an arrest which is unlawful is
justified in the use of any force which he would be
justified in using if the arrest were lawful, unless he
knows that the arrest is unlawful.
(3) A private person who assists another private person
in effecting an unlawful arrest, or who, not being
summoned, assists a peace officer in effecting an unlawful
arrest, is justified in using any force which he would be
justified in using if the arrest were lawful, if:
(i) he believes the arrest lawful; and
(ii) the arrest would be lawful if the facts were as he
believes them to be.
(c) Use of force to prevent escape -
(1) A peace officer or other person who has an arrested
person in his custody is justified in the use of such force
to prevent the escape of the arrested person from custody
as he would be justified in using if he were arresting such
person.
(2) A guard or other peace officer is justified in the
use of force, including deadly force, which he believes to
be necessary to prevent the escape from a correctional
institution of a person whom the officer believes to be
lawfully detained in such institution under sentence for an
offense or awaiting trial or commitment for an offense.
(d) Use of force to prevent suicide or the commission of
crime -
(1) The use of force upon or toward the person of
another is justifiable when the actor believes that such
force is immediately necessary to prevent such other person
from committing suicide, inflicting serious bodily injury
upon himself, committing or consummating the commission of
a crime involving or threatening bodily injury, damage to
or loss of property or a breach of the peace, except that:
(i) Any limitations imposed by the other provisions of
this chapter on the justifiable use of force in self-
protection, for the protection of others, the protection of
property, the effectuation of an arrest or the prevention
of an escape from custody shall apply notwithstanding the
criminality of the conduct against which such force is
used.
(ii) The use of deadly force is not in any event
justifiable under this subsection unless:
(A) the actor believes that there is a substantial risk
that the person whom he seeks to prevent from committing a
crime will cause death or serious bodily injury to another
unless the commission or the consummation of the crime is
prevented and that the use of such force presents no
substantial risk of injury to innocent persons; or
(B) the actor believes that the use of such force is
necessary to suppress a riot or mutiny after the rioters or
mutineers have been ordered to disperse and warned, in any
particular manner that the law may require, that such force
will be used if they do not obey.
(2) The justification afforded by this subsection
extends to the use of confinement as preventive force only
if the actor takes all reasonable measures to terminate the
confinement as soon as he knows that he safely can, unless
the person confined has been arrested on a charge of crime.
Section
509. Use of Force by Person with Special
Responsibility for Care, Discipline or Safety of Others.
The use of force upon or toward the person of another is
justifiable if:
(1) The actor is the parent or guardian or other person
similarly responsible for the general care and supervision
of a minor or a person acting at the request of such
parent, guardian or other responsible person and:
(i) the force is used for the purpose of safeguarding or
promoting the welfare of the minor, including the
preventing or punishment of his misconduct; and
(ii) the force used is not designed to cause or known to
create a substantial risk of causing death, serious bodily
injury, disfigurement, extreme pain or mental distress or
gross degradation.
(2) The actor is a teacher or person otherwise entrusted
with the care or supervision for a special purpose of a
minor and:
(i) the actor believes that the force used is necessary
to further such special purpose, including the maintenance
of reasonable discipline in a school, class or other group,
and that the use of such force is consistent with the
welfare of the minor; and
(ii) the degree of force, if it had been used by the
parent or guardian of the minor, would not be unjustifiable
under paragraph (1)(ii).
(3) The actor is the guardian or other person similarly
responsible for the general care and supervision of an
incapacitated, mentally ill or mentally retarded person;
and:
(i) the force is used for the purpose of safeguarding or
promoting the welfare of the incapacitated, mentally ill or
mentally retarded person, including the prevention of his
misconduct, and there is no reasonable alternative to the
use of such force; and
(ii) the force used is not designed to cause or known to
create a substantial risk of causing death, bodily injury,
disfigurement, unnecessary pain, mental distress, or
humiliation.
(4) The actor is a doctor or other therapist or a person
assisting him at his direction; and:
(i) the force is used for the purpose of administering a
recognized form of treatment not prohibited by law of this
Commonwealth which the actor believes to be adapted to
promoting the physical or mental health of the patient; and
(ii) the treatment is administered with the consent of
the patient, or, if the patient is a minor or an
incapacitated person with the consent of his parent or
guardian or other person legally competent to consent in
his behalf, or the treatment is administered in an
emergency when the actor believes that no one competent to
consent can be consulted and that a reasonable person,
wishing to safeguard the welfare of the patient, would
consent.
(5) The actor is a warden or other authorized official
of a correctional institution; and:
(i) he believes that the force used is necessary for the
purpose of enforcing the lawful rules or procedures of the
institution, unless his belief in the lawfulness of the
rule or procedure sought to be enforced is erroneous and
his error is due to ignorance or mistake as to the
provisions of this title, any other provision of the
criminal law or the law governing the administration of the
institution;
(ii) the nature or degree of force used is not forbidden
by law; and
(iii) if deadly force is used, its use is otherwise
justifiable under this chapter.
(6) The actor is a person responsible for the safety of
a vessel or an aircraft or a person acting at his
direction; and:
(i) he believes that the force used is necessary to
prevent interference with the operation of the vessel or
aircraft or obstruction of the execution of a lawful order,
unless his belief in the lawfulness of the order is
erroneous and his error is due to ignorance or mistake as
to the law defining his authority; and
(ii) if deadly force is used, its use is otherwise
justifiable under this chapter.
(7) The actor is a person who is authorized or required
by law to maintain order or decorum in a vehicle, train or
other carrier or in a place where others are assembled;
and:
(i) he believes that the force used is necessary for
such purpose; and
(ii) the force used is not designed to cause death, or
known to create a substantial risk of causing death, bodily
injury, or extreme mental distress.
(Chgd. by L.1988, Act 115(1); L.1992, Act 24(17), eff.
6/15/92.)
Section 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.