Pennsylvania Crimes Code

PENNSYLVANIA CRIMES CODE

§ 106. Classes of offenses.

(a) General rule.--An offense defined by this title for which a sentence of death or of imprisonment is authorized constitutes a crime. The classes of crime are:

Murder of the first degree, of the second degree or of the third degree, first degree murder of an unborn child, second degree murder of an unborn child, or third degree murder of an unborn child.
Felony of the first degree.
Felony of the second degree.
Felony of the third degree.
Misdemeanor of the first degree.
Misdemeanor of the second degree.
Misdemeanor of the third degree.

(b) Classification of crimes.--

A crime is a murder of the first degree, of the second degree or of the third degree if it is so designated in this title or if a person convicted of criminal homicide may be sentenced in accordance with the provisions of section 1102 of this title (relating to sentence for murder and murder of an unborn child). A crime is first degree murder of an unborn child, second degree murder of an unborn child or third degree murder of an unborn child if it is so designated in this title or if a person convicted of criminal homicide of an unborn child may be sentenced in accordance with the provisions of section 1102.
A crime is a felony of the first degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is more than ten years.
A crime is a felony of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than ten years.
A crime is a felony of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than seven years.
A crime declared to be a felony, without specification of degree, is of the third degree.
A crime is a misdemeanor of the first degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than five years.
A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years.
A crime is a misdemeanor of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than one year.
A crime declared to be a misdemeanor, without specification of degree, is of the third degree.

it is so designated in this title, or in a statute other than this title; or
if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 90 days.

(d) Other crimes.--Any offense declared by law to constitute a crime, without specification of the class thereof, is a misdemeanor of the second degree, if the maximum sentence does not make it a felony under this section.

(e) Section applicable to other statutes.--An offense hereafter defined by any statute other than this title shall be classified as provided in this section.

PART II. DEFINITION OF SPECIFIC OFFENSES

CHAPTER 21 OFFENSES AGAINST THE FLAG

§ 2101. Display of flag at public meetings.
§ 2102. Desecration of flag.
§ 2103. Insults to national or Commonwealth flag.

§ 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.--

Subsection (a) of this section does not apply to gatherings for religious worship.
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.

§ 2102. Desecration of flag.

(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if, in any manner, he:

for exhibition or display places any marks, writing or design of any nature or any advertisement upon any flag;
exposes to public view any such marked or defiled flag;
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
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:

To any act permitted by the statutes of the United States, or by the regulations of the armed forces of the United States.
In a case where the government of the United States has granted the use of such flag, standard, color, or ensign as a trademark.
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.
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.

§ 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.

CHAPTER 25. 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.

§ 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:
. . . .
"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.

CHAPTER 27. ASSAULT

§ 2701. Simple assault.
§ 2702. Aggravated assault.
§ 2703. Assault by prisoner.
§ 2704. Assault by life prisoner.
§ 2705. Recklessly endangering another person.
§ 2706. Terroristic threats.
§ 2707. Propulsion of missiles into an occupied vehicle or onto a roadway.
§ 2709. Harassment.
§ 2710. Ethnic intimidation.
§ 2713. Neglect of care-dependent person.
§ 2714. Unauthorized administration of intoxicant.

§ 2701. Simple assault.

(a) Offense defined.--A person is guilty of assault if he:

attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
negligently causes bodily injury to another with a deadly weapon; or
attempts by physical menace to put another in fear of imminent serious bodily injury.

(b) Grading.--Simple assault is a misdemeanor of the second degree unless committed:

in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree.

§ 2702. Aggravated assault.

(a) Offense defined.--A person is guilty of aggravated assault if he:

attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
attempts to cause or intentionally or knowingly causes bodily injury to a any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; or
attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member, or other employee, including a student employee, of 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 while acting in the scope of his or her employment or because of his or her employment relationship to the school.
attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury.

(b) Grading.--Aggravated assault under subsection (a)(1) and (2) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5) and (6) is a felony of the second degree.

(c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall be as follows:

Police officer.
Firefighter.
County adult probation or parole officer.
County juvenile probation or parole officer.
An agent of the Pennsylvania Board of Probation and Parole.
Sheriff.
Deputy sheriff.
Liquor control enforcement agent.
Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency
Judge of any court in the unified judicial system.
The Attorney General.
A deputy attorney general.
A district attorney.
An assistant district attorney.
A public defender.
An assistant public defender.
A Federal law enforcement official.
A State law enforcement official.
A local law enforcement official.
Emergency medical services personnel.
Parking enforcement officer.
A district justice.
A constable.
A deputy constable.
A teaching staff member, a school board member or other employee, including a student employee, of 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 while acting in the scope of his or her employment or because of his or her employment relationship to the school.

(d) Definition.--As used in this section, the term "emergency medical services personnel" includes, but is not limited to, doctors, residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of a hospital security force while working within the scope of their employment.

§ 2713. Neglect of care-dependent person.

(a) Offense defined.--A caretaker is guilty of neglect of a care-dependent person if he:

Intentionally, knowingly or recklessly causes bodily injury or serious bodily injury by failing to provide treatment, care, goods or services necessary to preserve the health, safety or welfare of a care-dependent person for whom he is responsible to provide care.
Intentionally or knowingly uses a physical restraint or chemical restraint or medication on a care-dependent person, or isolates a care-dependent person contrary to law or regulation, such that bodily injury or serious bodily injury results.

(b) Penalty.--

A violation of subsection (a)(1) constitutes a misdemeanor of the first degree if the victim suffers bodily injury.
A violation of subsection (a)(1) constitutes a felony of the first degree if the victim suffers serious bodily injury.
A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if the victim suffers bodily injury.
A violation of subsection (a)(2) constitutes a felony of the first degree if the victim suffers serious bodily injury.

(c) Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the Department of Aging, the Department of Health or the Department of Public Welfare has a reasonable cause to believe that a care-dependent person or care-dependent persons residing in a facility have suffered bodily injury or been unlawfully restrained in violation of subsection (a)(1) or (2), a report shall be made immediately to the local law enforcement agency or to the Office of Attorney General.

(d) Enforcement.--

The district attorneys of the several counties shall have authority to investigate and to institute criminal proceedings for any violations of this section.
In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and institute criminal proceedings for any violation of this section. A person charged with a violation of this section by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

(e) Treatment in conformance with care-dependent person's right to accept or refuse services.--A caretaker or any other individual or facility may offer an affirmative defense to charges filed pursuant to this section if the caretaker, individual or facility can demonstrate through a preponderance of the evidence that the alleged violations result directly from:

the caretaker's, individual's or facility's lawful compliance with a care-dependent person's advance directive for health care as
the caretaker's, individual's or facility's lawful compliance with the care-dependent person's written, signed and witnessed instructions, composed when the care-dependent person is competent as to the treatment he wishes to receive;
the caretaker's, individual's or facility's lawful compliance with the direction of the care-dependent person's attorney-in-fact acting pursuant to a lawful durable power of attorney; or
the caretaker's, individual's or facility's lawful compliance with a "Do Not Resuscitate" order written and signed by the care-dependent person's attending physician.

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

"Care-dependent person."

Any adult who, due to physical or cognitive disability or impairment, requires assistance to meet his needs for food, shelter, clothing, personal care or health care.

"Caretaker."

Any person who:

is an owner, operator, manager or employee of a nursing home, personal care home, domiciliary care home, community residential facility, intermediate care facility for the mentally retarded, adult daily living center, home health agency or home health service provider whether licensed or unlicensed;
provides care to a care-dependent person in the setting described in paragraph (1); or
has an obligation to care for a care-dependent person for monetary consideration in the settings described in paragraph (1) or in the care-dependent person's home.

"Person."

A natural person, corporation, partnership, unincorporated association or other business entity.

CHAPTER 29 KIDNAPPING

§ 2901. Kidnapping.
§ 2902. Unlawful restraint.
§ 2903. False imprisonment.
§ 2904. Interference with custody of children.
§ 2906. Criminal coercion.
§ 2907. Disposition of ransom.
§ 2909. Concealment of whereabouts of a child.
§ 2910. Luring a child into a motor vehicle.

§ 2901. Kidnapping.

(a) Offense defined.--A person is guilty of kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions:

To hold for ransom or reward, or as a shield or hostage.
To facilitate commission of any felony or flight thereafter.
To inflict bodily injury on or to terrorize the victim or another.
To interfere with the performance by public officials of any governmental or political function.

(b) Grading.--Kidnapping is a felony of the first degree. A removal or confinement is unlawful within the meaning of this section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 years or an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.

§ 2902. Unlawful restraint.

(a) Offense defined.--A person commits an offense if he knowingly:

restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or
holds another in a condition of involuntary servitude.

(b) Grading.--

Except as provided in paragraph (2), an offense under subsection (a) is a misdemeanor of the first degree.
If the victim of the offense is an individual under 18 years of age, an offense under subsection (a) is a felony of the second degree.

§ 2903. False imprisonment.

(a) Offense defined.--A person commits an offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

(b) Grading.--

Except as provided in paragraph (2), an offense under subsection (a) is a misdemeanor of the second degree.
If the victim of the offense is an individual under 18 years of age, an offense under subsection (a) is a felony of the second degree.

§ 2904. Interference with custody of children.

(a) Offense defined.--A person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.

(b) Defenses.--It is a defense that:

the actor believed that his action was necessary to preserve the child from danger to its welfare; or
the child, being at the time not less than 14 years old, was taken away at its own instigation without enticement and without purpose to commit a criminal offense with or against the child; or
the actor is the child's parent or guardian or other lawful custodian and is not acting contrary to an order entered by a court of competent jurisdiction.