PA Crimes Code (Use of Force)

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=110 BGCOLOR="#666699" TEXT="#080000" bgproperties="fixed" background="07c00840erlcjm.gif"> <div> <B><IMG SRC="1c056330.gif" border=0 width="86" height="51" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></B><FONT SIZE="5" COLOR="#FFFFCC" FACE="Arial" >HELWIG'S SCHOOL OF DEFENSIVE TACTICS </FONT></div> </td> </tr><tr> <td valign="top" width=190 BGCOLOR="#CCCCFF" TEXT="#080000" background="07611c00egdysm.gif"> <div> <B><IMG SRC="0807d7d0.gif" border=0 width="125" height="125" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></B></div> <div> <B>|     </B><A HREF="index.htm" TARGET="_top" TITLE="_"><U><B>home</B></U></A></div> <div> <A HREF="id60.htm" TARGET="_top" TITLE="Brower v. Inyo County"><U>Brower v. Inyo County</U></A>   |   <A HREF="id61.htm" TARGET="_top" TITLE="Graham v. Connor"><U>Graham v. 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GENERAL PRINCIPLES OF JUSTIFICATION</U></B></div> <div> § 505. Use of force in self-protection.</div> <div> § 506. Use of force for the protection of other persons.</div> <div> § 507. Use of force for the protection of property.</div> <div> § 508. Use of force in law enforcement.</div> <div> § 509. Use of force by persons with special responsibility for care, discipline or               safety of others.</div> <bR> <div> <B>§ 505. Use of force in self-protection.</B></div> <div> (a) Use of force justifiable for protection of the person.--The use of force upon or toward another person is justifiable when the</div> <div> actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by</div> <div> such other person on the present occasion.</div> <bR> <div> (b) Limitations on justifying necessity for use of force.--</div> <bR> <div>    1.The use of force is not justifiable under this section:</div> <div>         i.to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or </div> <div>         ii.to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor</div> <div>           knows that the person using the force is doing so under a claim of right to protect the property, except that this</div> <div>           limitation shall not apply if: </div> <bR> <div>                (A) the actor is a public officer acting in the performance of his duties or a person lawfully assisting</div> <div>                him therein or a person making or assisting in a lawful arrest;</div> <div>                (B) the actor has been unlawfully dispossessed of the property and is making a reentry or recaption</div> <div>                justified by section 507 of this title (relating to use of force for the protection of property); or</div> <div>                (C) the actor believes that such force is necessary to protect himself against death or serious bodily</div> <div>                injury.</div> <bR> <div>    2.The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to</div> <div>      protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is</div> <div>      it justifiable if: </div> <div>         i.the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the</div> <div>           same encounter; or </div> <div>         ii.the actor knows that he can avoid the necessity of using such force with complete safety by retreating or by</div> <div>           surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand</div> <div>           that he abstain from any action which he has no duty to take, except that: </div> <bR> <div>                (A) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial</div> <div>                aggressor or is assailed in his place of work by another person whose place of work the actor</div> <div>                knows it to be; and</div> <div>                (B) a public officer justified in using force in the performance of his duties or a person justified in</div> <div>                using force in his assistance or a person justified in using force in making an arrest or preventing an</div> <div>                escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such</div> <div>                escape because of resistance or threatened resistance by or on behalf of the person against whom</div> <div>                such action is directed.</div> <bR> <div>    3.Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the</div> <div>      necessity thereof under the circumstances as he believes them to be when the force is used, without retreating,</div> <div>      surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.</div> <bR> <div> (c) Use of confinement as protective force.--The justification afforded by this section extends to the use of confinement as</div> <div> protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely</div> <div> can, unless the person confined has been arrested on a charge of crime.</div> <div> <A HREF="id66_m.htm" TITLE="PA Crimes Code (Use of Force)"><U>Back To Top</U></A></div> <bR> <div> <B>§ 506. Use of force for the protection of other persons.</B></div> <div> (a) General rule.--The use of force upon or toward the person of another is justifiable to protect a third person when:</div> <bR> <div>    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</div> <div>      protect himself against the injury he believes to be threatened to the person whom he seeks to protect; </div> <div>    2.under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in</div> <div>      using such protective force; and </div> <div>    3.the actor believes that his intervention is necessary for the protection of such other person.</div> <bR> <div> (b) Exceptions.--Notwithstanding subsection (a) of this section: </div> <bR> <div>    1.When the actor would be obliged under section 505 of this title to retreat, to surrender the possession of a thing or to</div> <div>      comply with a demand before using force in self-protection, he is not obliged to do so before using force for the</div> <div>      protection of another person, unless he knows that he can thereby secure the complete safety of such other person. </div> <div>    2.When the person whom the actor seeks to protect would be obliged under section 505 of this title to retreat, to</div> <div>      surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so</div> <div>      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</div> <div>      obtain complete safety in that way. </div> <div>    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</div> <div>      the other to any greater extent than in his own.</div> <div> <A HREF="id66_m.htm" TITLE="PA Crimes Code (Use of Force)"><U>Back To Top</U></A></div> <bR> <div> <B>§ 507. Use of force for the protection of property.</B></div> <div> (a) Use of force justifiable for protection of property.--The use of force upon or toward the person of another is justifiable</div> <div> when the actor believes that such force is immediately necessary: </div> <bR> <div>    1.to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away</div> <div>      of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or</div> <div>      in the possession of another person for whose protection he acts; or </div> <div>    2.to effect an entry or reentry upon land or to retake tangible movable property, if: </div> <div>         i.the actor believes that he or the person by whose authority he acts or a person from whom he or such other</div> <div>           person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession;</div> <div>           and </div> <div>         ii.(A) the force is used immediately or on fresh pursuit after such dispossession; or</div> <div>                (B) the actor believes that the person against whom he uses force has no claim of right to the</div> <div>                possession of the property and, in the case of land, the circumstances, as the actor believes them to</div> <div>                be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry</div> <div>                until a court order is obtained.</div> <bR> <div> (b) Meaning of possession.--For the purpose of subsection (a) of this section: </div> <bR> <div>    1.A person who has parted with the custody of property to another who refuses to restore it to him is no longer in</div> <div>      possession, unless the property is movable and was and still is located on land in his possession. </div> <div>    2.A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon. </div> <div>    3.A person who has a license to use or occupy real property is deemed to be in possession thereof except against the</div> <div>      licensor acting under claim of right.</div> <bR> <div> (c) Limitations on justifiable use of force.-- </div> <bR> <div>    1.The use of force is justifiable under this section only if the actor first requests the person against whom such force is used</div> <div>      to desist from his interference with the property, unless the actor believes that:</div> <bR> <div>         i.such request would be useless; </div> <div>         ii.it would be dangerous to himself or another person to make the request; or </div> <div>         iii.substantial harm will be done to the physical condition of the property which is sought to be protected before the</div> <div>           request can effectively be made.</div> <div>    2.The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the</div> <div>      exclusion of the trespasser will expose him to substantial danger of serious bodily injury. </div> <div>    3.The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under</div> <div>      this section, although the actor believes that such reentry or caption is unlawful, if: </div> <div>         i.the reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and </div> <div>         ii.it is otherwise justifiable under subsection (a)(2).</div> <div>    4.</div> <div>         i.The use of deadly force is justifiable under this section if: </div> <bR> <div>                (A) there has been an entry into the actor's dwelling;</div> <div>                (B) the actor neither believes nor has reason to believe that the entry is lawful; and</div> <div>                (C) the actor neither believes nor has reason to believe that force less than deadly force would be</div> <div>                adequate to terminate the entry. </div> <bR> <div>         ii.If the conditions of justification provided in subparagraph (i) have not been met, the use of deadly force is not</div> <div>           justifiable under this section unless the actor believes that: </div> <bR> <div>                (A) the person against whom the force is used is attempting to dispossess him of his dwelling</div> <div>                otherwise than under a claim of right to its possession; or</div> <div>                (B) such force is necessary to prevent the commission of a felony in dwelling.</div> <bR> <div> (d) Use of confinement as protective force.--The justification afforded by this section extends to the use of confinement as</div> <div> protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can</div> <div> do so with safety to the property, unless the person confined has been arrested on a charge of crime.</div> <bR> <div> (e) Use of device to protect property.--The justification afforded by this section extends to the use of a device for the purpose</div> <div> of protecting property only if: </div> <bR> <div>    1.the device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury; </div> <div>    2.the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as</div> <div>      the actor believes them to be; and </div> <div>    3.the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders</div> <div>      the fact that it is used.</div> <bR> <div> (f) Use of force to pass wrongful obstructor.--The use of force to pass a person whom the actor believes to be intentionally or</div> <div> knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, if: </div> <bR> <div>    1.the actor believes that the person against whom he uses force has no claim of right to obstruct the actor; </div> <div>    2.the actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of</div> <div>      the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts,</div> <div>      unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to</div> <div>      postpone the entry or movement on such land until a court order is obtained; and </div> <div>    3.the force used is not greater than it would be justifiable if the person obstructing the actor were using force against him to</div> <div>      prevent his passage.</div> <div> <A HREF="id66_m.htm" TITLE="PA Crimes Code (Use of Force)"><U>Back To Top</U></A></div> <bR> <div> <B>§ 508. Use of force in law enforcement.</B></div> <div> (a) Peace officer's use of force in making arrest.-- </div> <bR> <div>    1.A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts</div> <div>      to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force</div> <div>      which he believes to be necessary to effect the arrest and of any force which he believes to be necessary to defend</div> <div>      himself or another from bodily harm while making the arrest. However, he is justified in using deadly force only when he</div> <div>      believes that such force is necessary to prevent death or serious bodily injury to himself or such other person, or when he</div> <div>      believes both that: </div> <div>         i.such force is necessary to prevent the arrest from being defeated by resistance or escape; and </div> <div>         ii.the person to be arrested has committed or attempted a forcible felony or is attempting to escape and possesses a</div> <div>           deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless</div> <div>           arrested without delay.</div> <div>    2.A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be</div> <div>      justified in using if the warrant were valid, unless he knows that the warrant is invalid.</div> <bR> <div> (b) Private person's use of force in making arrest.-- </div> <bR> <div>    1.A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force</div> <div>      which he would be justified in using if he were summoned or directed by a peace officer to make such arrest, except that</div> <div>      he is justified in the use of deadly force only when he believes that such force is necessary to prevent death or serious</div> <div>      bodily injury to himself or another. </div> <div>    2.A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is</div> <div>      justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the</div> <div>      arrest is unlawful. </div> <div>    3.A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists</div> <div>      a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the</div> <div>      arrest were lawful, if: </div> <div>         i.he believes the arrest is lawful; and </div> <div>         ii.the arrest would be lawful if the facts were as he believes them to be.</div> <bR> <div> (c) Use of force to prevent escape.-- </div> <bR> <div>    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</div> <div>      the escape of the arrested person from custody as he would be justified in using if he were arresting such person. </div> <div>    2.A guard or other peace officer is justified in the use of force, including deadly force, which he believes to be necessary to</div> <div>      prevent the escape from a correctional institution of a person whom the officer believes to be lawfully detained in such</div> <div>      institution under sentence for an offense or awaiting trial or commitment for an offense.</div> <bR> <div> (d) Use of force to prevent suicide or the commission of crime.-- </div> <bR> <div>    1.The use of force upon or toward the person of another is justifiable when the actor believes that such force is</div> <div>      immediately necessary to prevent such other person from committing suicide, inflicting serious bodily injury upon himself,</div> <div>      committing or consummating the commission of a crime involving or threatening bodily injury, damage to or loss of</div> <div>      property or a breach of the peace, except that: </div> <div>         i.Any limitations imposed by the other provisions of this chapter on the justifiable use of force in self-protection, for</div> <div>           the protection of others, the protection of property, the effectuation of an arrest or the prevention of an escape</div> <div>           from custody shall apply notwithstanding the criminality of the conduct against which such force is used. </div> <div>         ii.The use of deadly force is not in any event justifiable under this subsection unless: </div> <bR> <div>                (A) the actor believes that there is a substantial risk that the person whom he seeks to prevent from</div> <div>                committing a crime will cause death or serious bodily injury to another unless the commission or the</div> <div>                consummation of the crime is prevented and that the use of such force presents no substantial risk of</div> <div>                injury to innocent persons; or</div> <div>                (B) the actor believes that the use of such force is necessary to suppress a riot or mutiny after the</div> <div>                rioters or mutineers have been ordered to disperse and warned, in any particular manner that the law</div> <div>                may require, that such force will be used if they do not obey.</div> <bR> <div>    2.The justification afforded by this subsection extends to the use of confinement as preventive force only if the actor takes</div> <div>      all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined</div> <div>      has been arrested on a charge of crime.</div> <div> <A HREF="id66_m.htm" TITLE="PA Crimes Code (Use of Force)"><U>Back To Top</U></A></div> <bR> <div> <B>§ 509. Use of force by persons with special responsibility for care, discipline or safety of others.</B></div> <div> The use of force upon or toward the person of another is justifiable if: </div> <bR> <div>    1.The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor</div> <div>      or a person acting at the request of such parent, guardian or other responsible person and: </div> <div>         i.the force is used for the purpose of safeguarding or promoting the welfare of the minor, including the preventing or</div> <div>           punishment of his misconduct; and </div> <div>         ii.the force used is not designed to cause or known to create a substantial risk of causing death, serious bodily</div> <div>           injury, disfigurement, extreme pain or mental distress or gross degradation.</div> <div>    2.The actor is a teacher or person otherwise entrusted with the care or supervision for a special purpose of a minor and: </div> <div>         i.the actor believes that the force used is necessary to further such special purpose, including the maintenance of</div> <div>           reasonable discipline in a school, class or other group, and that the use of such force is consistent with the welfare</div> <div>           of the minor; and </div> <div>         ii.the degree of force, if it had been used by the parent or guardian of the minor, would not be unjustifiable under</div> <div>           paragraph (1)(ii).</div> <div>    3.The actor is the guardian or other person similarly responsible for the general care and supervision of an incapacitated,</div> <div>      mentally ill or mentally retarded person; and: </div> <div>         i.the force is used for the purpose of safeguarding or promoting the welfare of the incapacitated, mentally ill or</div> <div>           mentally retarded person, including the prevention of his misconduct, and there is no reasonable alternative to the</div> <div>           use of such force; and </div> <div>         ii.the force used is not designed to cause or known to create a substantial risk of causing death, bodily injury,</div> <div>           disfigurement, unnecessary pain, mental distress, or humiliation.</div> <div>    4.The actor is a doctor or other therapist or a person assisting him at his direction; and: </div> <div>         i.the force is used for the purpose of administering a recognized form of treatment not prohibited by law of this</div> <div>           Commonwealth which the actor believes to be adapted to promoting the physical or mental health of the patient;</div> <div>           and </div> <div>         ii.the treatment is administered with the consent of the patient, or, if the patient is a minor or an incapacitated person</div> <div>           with the consent of his parent or guardian or other person legally competent to consent in his behalf, or the</div> <div>           treatment is administered in an emergency when the actor believes that no one competent to consent can be</div> <div>           consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.</div> <div>    5.The actor is a warden or other authorized official of a correctional institution; and: </div> <div>         i.he believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the</div> <div>           institution, unless his belief in the lawfulness of the rule or procedure sought to be enforced is erroneous and his</div> <div>           error is due to ignorance or mistake as to the provisions of this title, any other provision of the criminal law or the</div> <div>           law governing the administration of the institution; </div> <div>         ii.the nature or degree of force used is not forbidden by law; and </div> <div>         iii.if deadly force is used, its use is otherwise justifiable under this chapter.</div> <div>    6.The actor is a person responsible for the safety of a vessel or an aircraft or a person acting at his direction; and: </div> <div>         i.he believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or</div> <div>           obstruction of the execution of a lawful order, unless his belief in the lawfulness of the order is erroneous and his</div> <div>           error is due to ignorance or mistake as to the law defining his authority; and </div> <div>         ii.if deadly force is used, its use is otherwise justifiable under this chapter.</div> <div>    7.The actor is a person who is authorized or required by law to maintain order or decorum in a vehicle, train or other</div> <div>      carrier or in a place where others are assembled; and: </div> <div>         i.he believes that the force used is necessary for such purpose; and </div> <div>         ii.the force used is not designed to cause death, or known to create a substantial risk of causing death, bodily injury,</div> <div>           or extreme mental distress.</div> <div> <A HREF="id66_m.htm" TITLE="PA Crimes Code (Use of Force)"><U>Top</U></A></div> <div> <A HREF="id33.htm" TARGET="_top" TITLE="Laws, Case Laws Constitutions"><U>Back</U></A></div> <div> <A HREF="id33.htm" TARGET="_top" TITLE="Laws, Case Laws Constitutions"><U><B>Laws, Case Laws &  Constitutions</B></U></A></div> <DIV ALIGN="LEFT"></DIV> <div> <FONT SIZE="1" COLOR="#000099" FACE="Arial" > </FONT>|     <A HREF="index.htm" TARGET="_top" TITLE="_"><U>home</U></A></div> <div> <A HREF="id60.htm" TARGET="_top" TITLE="Brower v. 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