Pennsylvania
Crimes Code
Section 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.
Text
Section 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.
Section 903. Criminal Conspiracy.
(a) Definition of conspiracy - A person is guilty of
conspiracy with another person or persons to commit a crime
if with the intent of promoting or facilitating its
commission he:
(1) agrees with such other person or persons that they
or one or more of them will engage in conduct which
constitutes such crime or an attempt or solicitation to
commit such crime; or
(2) agrees to aid such other person or persons in the
planning or commission of such crime or of an attempt or
solicitation to commit such crime.
(b) Scope of conspiratorial relationship - If a person
guilty of conspiracy, as defined by subsection (a) of this
section, knows that a person with whom he conspires to
commit a crime has conspired with another person or persons
to commit the same crime, he is guilty of conspiring with
such other person or persons, to commit such crime whether
or not he knows their identity.
(c) Conspiracy with multiple criminal objectives - If a
person conspires to commit a number of crimes, he is guilty
of only one conspiracy so long as such multiple crimes are
the object of the same agreement or continuous
conspiratorial relationship.
(d) Joinder and venue in conspiracy prosecutions -
(1) Subject to the provisions of paragraph (2) of this
subsection, two or more persons charged with criminal
conspiracy may be prosecuted jointly if:
(i) they are charged with conspiring with one another;
or
(ii) the conspiracies alleged, whether they have the
same or different parties, are so related that they
constitute different aspects of a scheme of organized
criminal conduct.
(2) In any joint prosecution under paragraph (1) of this
subsection:
(i) no defendant shall be charged with a conspiracy in
any county other than one in which he entered into such
conspiracy or in which an overt act pursuant to such
conspiracy was done by him or by a person with whom he
conspired;
(ii) neither the liability of any defendant nor the
admissibility against him of evidence of acts or
declarations of another shall be enlarged by such joinder;
and
(iii) the court shall order a severance or take a
special verdict as to any defendant who so requests, if it
deems it necessary or appropriate to promote the fair
determination of his guilt or innocence, and shall take any
other proper measures to protect the fairness of the trial.
(e) Overt act - No person may be convicted of conspiracy
to commit a crime unless an overt act in pursuance of such
conspiracy is alleged and proved to have been done by him
or by a person with whom he conspired.
(f) Renunciation - It is a defense that the actor, after
conspiring to commit a crime, thwarted the success of the
conspiracy, under circumstances manifesting a complete and
voluntary renunciation of his criminal intent.
(g) Duration of conspiracy - For purposes of 42 Pa.C.S.
section 5552(d) (relating to commission of offense):
(Chgd. by L.1978, Act 53(7)(2), eff. 6/27/78.)
(1) conspiracy is a continuing course of conduct which
terminates when the crime or crimes which are its object
are committed or the agreement that they be committed is
abandoned by the defendant and by those with whom he
conspired;
(2) such abandonment is presumed if neither the
defendant nor anyone with whom he conspired does any overt
act in pursuance of the conspiracy during the applicable
period of limitation; and
(3) if an individual abandons the agreement, the
conspiracy is terminated as to him only if and when he
advises those with whom he conspired of his abandonment or
he informs the law enforcement authorities of the existence
of the conspiracy and of his participation therein.
Text
Section 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).
Section 905. Grading of Criminal Attempt, Solicitation
and Conspiracy.
(a) Grading - Except as otherwise provided in this
title, attempt, solicitation and conspiracy are crimes of
the same grade and degree as the most serious offense which
is attempted or solicited or is an object of the
conspiracy.
(b) Mitigation - If the particular conduct charged to
constitute a criminal attempt, solicitation or conspiracy
is so inherently unlikely to result or culminate in the
commission of a crime that neither such conduct nor the
actor presents a public danger warranting the grading of
such offense under this section, the court may dismiss the
prosecution.
(Chgd. by L.1995, Spec. Sess. 1, Act 3(1), eff.
5/8/95.)
Section 906. Multiple Convictions of Inchoate Crimes
Barred.
A person may not be convicted of more than one of the
inchoate crimes of criminal attempt, criminal solicitation
or criminal conspiracy for conduct designed to commit or to
culminate in the commission of the same crime. (Chgd. by
L.1986, Act 164(1), eff. 2/9/87.)
Section 907. Possessing Instruments of Crime.
(a) Criminal instruments generally - A person commits a
misdemeanor of the first degree if he possesses any
instrument of crime with intent to employ it criminally.
(b) Possession of weapon - A person commits a
misdemeanor of the first degree if he possesses a firearm
or other weapon concealed upon his person with intent to
employ it criminally.
(c) Unlawful body armor - A person commits a felony of
the third degree if in the course of the commission of a
felony, or in the attempt to commit a felony, he uses or
wears body armor or has in his control, custody or
possession any body armor.
(d) Definitions - As used in this section, the following
words and phrases shall have the meanings given to them in
this subsection:
"Body armor." Any protective covering for the body, or
parts thereof, made of any polyaramid fiber or any resin-
treated glass fiber cloth or any material, or combination
of materials, made or designed to prevent, resist, deflect
or deter the penetration thereof by ammunition, knife,
cutting or piercing instrument, or any other weapon.
"Instrument of crime." Any of the following:
(1) Anything specially made or specially adapted for
criminal use.
(2) Anything commonly used for criminal purposes and
possessed by the actor under circumstances not manifestly
appropriate for lawful uses it may have.
"Weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly appropriate
for lawful uses which it may have. The term includes a
firearm which is not loaded or lacks a clip or other
component to render it immediately operable, and components
which can readily be assembled into a weapon.
(Chgd. by L.1995, Act 27(1); L.1996, Act 98(1), eff.
9/9/96.)
Text
Section 908. Prohibited Offensive Weapons.
(a) Offense defined - A person commits a misdemeanor of
the first degree if, except as authorized by law, he makes
repairs, sells, or otherwise deals in, uses, or possesses
any offensive weapon.
(b) Exceptions -
(1) It is a defense under this section for the defendant
to prove by a preponderance of evidence that he possessed
or dealt with the weapon solely as a curio or in a dramatic
performance, or that, with the exception of a bomb, grenade
or incendiary device, he complied with the National
Firearms Act (26 U.S.C. section 5801 et seq.), or that he
possessed it briefly in consequence of having found it or
taken it from an aggressor, or under circumstances
similarly negativing any intent or likelihood that the
weapon would be used unlawfully.
(2) This section does not apply to police forensic
firearms experts or police forensic firearms laboratories.
Also exempt from this section are forensic firearms experts
or forensic firearms laboratories operating in the ordinary
course of business and engaged in lawful operation who
notify in writing, on an annual basis, the chief or head of
any police force or police department of a city, and,
elsewhere, the sheriff of a county in which they are
located, of the possession, type and use of offensive
weapons.
(3) This section shall not apply to any person who
makes, repairs, sells or otherwise deals in, uses or
possesses any firearm for purposes not prohibited by the
laws of this Commonwealth.
(c) Definition - As used in this section, the following
words and phrases shall have the meanings given to them in
this subsection:
"Firearm." Any weapon which is designed to or may
readily be converted to expel any projectile by the action
of an explosive, or the frame or receiver of any such
weapon.
"Offensive weapons" Any bomb, grenade, machine gun,
sawed-off shotgun with a barrel less than 18 inches,
firearm specially made or specially adapted for concealment
or silent discharge, any blackjack, sandbag, metal
knuckles, dagger, knife, razor or cutting instrument, the
blade of which is exposed in an automatic way by switch,
push-button, spring mechanism, or otherwise, or other
implement for the infliction of serious bodily injury which
serves no common lawful purpose.
(d) Exemptions - The use and possession of blackjacks by
the following persons in the course of their duties are
exempt from this section:
(1) Police officers, as defined by and who meet the
requirements of the act of June 18, 1974 (P.L. 359, No.
120), referred to as the Municipal Police Education and
Training Law.
(2) Police officers of first class cities who have
successfully completed training which is substantially
equivalent to the program under the Municipal Police
Education and Training Law.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties
who have satisfactorily met the requirements of the
Municipal Police Education and Training Law.
(5) Police officers employed by the Commonwealth who
have satisfactorily met the requirements of the Municipal
Police Education and Training Law.
(6) Deputy sheriffs with adequate training as determined
by the Pennsylvania Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily
met the requirements of the Municipal Police Education and
Training Law.
(Chgd. by L.1983, Act 78(1); L.1984, Act 134(2); L.1985,
Act 58(1); L.1994, Act 84(1), eff. 12/3/94.)
Text
Section 909. Manufacture, Distribution or Possession of
Master Keys for Motor Vehicles.
(a) Offense defined - A person commits a misdemeanor of
the first degree if he manufactures, distributes, or
possesses any motor vehicle master key.
(b) Exception - Subsection (a) of this section shall not
apply to:
(1) The introduction, manufacture for introduction,
transportation, distribution, sale or possession in
commerce in this Commonwealth of motor vehicle master keys
for use in the ordinary course of business by any
commercial or professional locksmith, common carrier,
contract carrier, motor vehicle fleet owner, new or used
car dealer, rental car agency, car manufacturer, automobile
club or association operating in more than one state or an
affiliate thereof, or any department, agency, or
instrumentality of:
(i) the Commonwealth of Pennsylvania, the United States,
any state, the District of Columbia, or any possession of
the United States; or
(ii) any political subdivision of any entity specified
in subparagraph (i) of this paragraph.
(2) The shipment, transportation, or delivery for
shipment in commerce in this Commonwealth of motor vehicle
master keys in the ordinary course of business by any
common carrier or contract carrier.
(c) Definition - As used in this section "master key"
means any key adapted to fit the ignition switch, trunk or
door of two or more motor vehicles, the ignition switches,
trunks or doors of which are designed to be operated by
keys.
Section 910. Manufacture, Distribution
or Possession of
Devices for Theft of Telecommunications Services.
(a) Offense defined - Any person commits an offense if
he:
(1) makes, distributes, possesses, uses or assembles an
unlawful telecommunication device or modifies, alters,
programs or reprograms a telecommunication device designed,
adapted or which can be used:
(i) for commission of a theft of telecommunication
service or to acquire or facilitate the acquisition of
telecommunication service without the consent of the
telecommunication service provider; or
(ii) to conceal or to assist another to conceal from any
telecommunication service provider or from any lawful
authority the existence or place of origin or of
destination of any telecommunication; or
(2) sells, possesses, distributes, gives or otherwise
transfers to another or offers, promotes or advertises for
sale any:
(i) unlawful telecommunication device, or plans or
instructions for making or assembling the same, under
circumstances evidencing an intent to use or employ such
unlawful telecommunication device, or to allow the same to
be used or employed for a purpose described in paragraph
(1), or knowing or having reason to believe that the same
is intended to be so used, or that the aforesaid plans or
instructions are intended to be used for making or
assembling such unlawful telecommunication device; or
(ii) material, including hardware, cables, tools, data,
computer software or other information or equipment,
knowing that the purchaser or a third person intends to use
the material in the manufacture of an unlawful
telecommunication device.
(b) Grading - An offense under this section is a felony
of the third degree if the person convicted of such offense
has been previously convicted of any similar crime in this
or any other state or Federal jurisdiction. Otherwise it is
a misdemeanor of the first degree.
(c) Restitution - The court may, in addition to any
other sentence authorized by law, sentence a person
convicted of violating this section to make restitution
under section 1106 (relating to restitution for injuries to
person or property) or 42 Pa.C.S. section 9721(c) (relating
to sentencing generally).
(d) Civil action - A telecommunication service provider
aggrieved by a violation of this section may, in a civil
action in any court of competent jurisdiction, obtain
appropriate relief, including preliminary and other
equitable or declaratory relief, compensatory and punitive
damages, reasonable investigation expenses, costs of suit
and attorney fees.
(e) Definitions - As used in this section, the following
words and phrases shall have the meanings given to them in
this subsection:
"Manufacture of an unlawful telecommunication device."
To produce or assemble an unlawful telecommunication device
or to modify, alter, program or reprogram a
telecommunication device to be capable of acquiring or
facilitating the acquisition of telecommunication service
without the consent of the telecommunication service
provider.
"Telecommunication device." Any type of instrument,
device, machine or equipment which is capable of
transmitting or receiving telephonic, electronic or radio
communications or any part of such instrument, device,
machine or equipment or any computer circuit, computer
chip, electronic mechanism or other component which is
capable of facilitating the transmission or reception of
telephonic, electronic or radio communications.
"Telecommunication service." The meaning given to it in
section 3926 (relating to theft of services).
"Telecommunication service provider." The meaning given
to it in section 3926 (relating to theft of services).
"Unlawful telecommunication device." The meaning given
to it in section 3926 (relating to theft of services).
(Chgd. by L.1995, Act 8(1), eff. 8/12/95.)
Section 911. Corrupt Organizations.
[NOT INCLUDED]
Text
Section 912. Possession of Weapon on
School Property.
(a) Definition - Notwithstanding the definition of
"weapon" in section 907 (relating to possessing
instruments
of crime), "weapon" for purposes of this section shall
include but not be limited to any knife, cutting
instrument, cutting tool, nun-chuck stick, firearm,
shotgun, rifle and any other tool, instrument or implement
capable of inflicting serious bodily injury.
(b) Offense defined - A person commits a misdemeanor of
the first degree if he possesses a weapon in the buildings
of, on the grounds of, or in any conveyance providing
transportation to or from any elementary or secondary
publicly-funded educational institution, any elementary or
secondary private school licensed by the Department of
Education or any elementary or secondary parochial school.
(c) Defense - It shall be a defense that the weapon is
possessed and used in conjunction with a lawful supervised
school activity or course or is possessed for other lawful
purpose.
(Added by L.1980, Act 167(1), eff. 12/15/80.)
Section 913. Possession of Firearm or Other Dangerous
Weapon in Court Facility.
(a) Offense defined - A person commits an offense if he:
(1) knowingly possesses a firearm or other dangerous
weapon in a court facility or knowingly causes a firearm or
other dangerous weapon to be present in a court facility;
or
(2) knowingly possesses a firearm or other dangerous
weapon in a court facility with the intent that the firearm
or other dangerous weapon be used in the commission of a
crime or knowingly causes a firearm or other dangerous
weapon to be present in a court facility with the intent
that the firearm or other dangerous weapon be used in the
commission of a crime.
(b) Grading -
(1) Except as otherwise provided in paragraph (3), an
offense under subsection (a)(1) is a misdemeanor of the
third degree.
(2) An offense under subsection (a)(2) is a misdemeanor
of the first degree.
(3) An offense under subsection (a)(1) is a summary
offense if the person was carrying a firearm under section
6106(b) (relating to firearms not to be carried without a
license) or 6109 (relating to licenses) and failed to check
the firearm under subsection (e) prior to entering the
court facility.
(c) Exceptions - Subsection (a) shall not apply to:
(1) The lawful performance of official duties by an
officer, agent or employee of the United States, the
Commonwealth or a political subdivision who is authorized
by law to engage in or supervise the prevention, detection,
investigation or prosecution of any violation of law.
(2) The lawful performance of official duties by a court
official.
(3) The carrying of rifles and shotguns by instructors
and participants in a course of instruction provided by the
Pennsylvania Game Commision under 34 Pa. C.S. section 2704
(relating to eligibility for license).
(4) Associations of veteran soldiers and their
auxiliaries or members of organized armed forces of the
United States or the Commonwealth, including reserve
components, when engaged in the performance of ceremonial
duties with county approval.
(5) The carrying of a dangerous weapon or firearm
unloaded and in a secure wrapper by an attorney who seeks
to employ the dangerous weapon or firearm as an exhibit or
as a demonstration and who possesses written authorization
from the court to bring the dangerous weapon or firearm
into the court facility. (Added by L.1995, Act 66(2),
eff. 11/22/95.)
(d) Posting of notice - Notice of the provisions of
subsections (a) and (e) shall be posted conspicuously at
each public entrance to each courthouse or other building
containing a court facility and each court facility, and no
person shall be convicted of an offense under subsection
(a)(1) with respect to a court facility if the notice was
not so posted at each public entrance to the courthouse or
other building containing a court facility and at the court
facility unless the person had actual notice of the
provisions of subsection (a).
(e) Facilities for checking firearms - Each county shall
make available by July 1, 1996, lockers or similar
facilities at no charge or cost for the temporary checking
of firearms by persons carrying firearms under section
6106(b) or 6109. Notice of the location of the facility
shall be posted as required under subsection (d). (Chgd.
by L.1995, Act 66(2), eff. 11/22/95.)
(f) Definitions - As used in this section, the following
words and phrases shall have the meanings given to them in
this subsection:
"Court facility." The courtroom of a court of record; a
courtroom of a community court; the courtroom of a district
justice; a courtroom of the Philadelphia Municipal Court; a
courtroom of the Pittsburgh Magistrates Court; a courtroom
of the Traffic Court of Philadelphia; judge's chambers;
witness rooms; jury deliberation rooms; attorney conference
rooms; prisoner holding cells; offices of court clerks, the
district attorney, the sheriff and probation and parole
officers; and any adjoining corridors.
"Dangerous weapon." A bomb, grenade, blackjack,
sandbag,
metal knuckles, dagger, knife (the blade of which is
exposed in an automatic way by switch, push-button, spring
mechanism or otherwise) or other implement for the
infliction of serious bodily injury which serves no common
lawful purpose.
"Firearm." Any weapon, including a starter gun, which
will or is designed to expel a projectile or projectiles by
the action of an explosion, expansion of gas or escape of
gas. The term does not include any device designed or used
exclusively for the firing of stud cartridges, explosive
rivets or similar industrial ammunition.
(Added by L.1995, Spec. Sess. 1, Act 17(1), eff.
10/11/95.)
Back to Criminal Law Syllabus