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Definitions - 18 Pa. Cons. Stat. § 103Legal Research Home > Pennsylvania Statutes
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this part, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Act" or "action." A bodily movement whether voluntary or
involuntary.
"Actor." Includes, where relevant, a person guilty of an
omission.
"Acted." Includes, where relevant, "omitted to act."
"Cohabit." To live together under the representation or
appearance of being married.
"Conduct." An action or omission and its accompanying state
of mind, or, where relevant, a series of acts and omissions.
"Court." Includes (when exercising criminal or quasi-
criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
jurisdiction and venue)) a magisterial district judge.
"Element of an offense." Such conduct or such attendant
circumstances or such a result of conduct as:
(1) is included in the description of the forbidden
conduct in the definition of the offense;
(2) establishes the required kind of culpability;
(3) negatives an excuse or justification for such
conduct;
(4) negatives a defense under the statute of limitation;
or
(5) establishes jurisdiction or venue.
"Fiduciary." Includes trustee, guardian, executor,
administrator, receiver and any person carrying on fiduciary
functions on behalf of a corporation or other organization which
is a fiduciary.
"Intentionally." The meaning specified in section 302 of
this title (relating to general requirements of culpability) and
equivalent terms such as "with intent," "designed" or "with
design" have the same meaning.
"Judge." Includes (when exercising criminal or quasi-
criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
jurisdiction and venue)) a magisterial district judge.
"Knowingly." The meaning specified in section 302 of this
title (relating to general requirements of culpability) and
equivalent terms such as "knowing" or "with knowledge" have the
same meaning.
"Material element of an offense." An element that does not
relate exclusively to the statute of limitations, jurisdiction,
venue or to any other matter similarly unconnected with:
(1) the harm or evil incident to conduct, sought to be
prevented by the law defining the offense; or
(2) the existence of a justification or excuse for such
conduct.
"Negligently." The meaning specified in section 302 of this
title (relating to general requirements of culpability) and
equivalent terms such as "negligence" or "with negligence" have
the same meaning.
"Omission." A failure to act.
"Police officer." The term shall include the sheriff of a
county of the second class and deputy sheriffs of a county of
the second class who have successfully completed the
requirements under the act of June 18, 1974 (P.L.359, No.120),
referred to as the Municipal Police Education and Training Law.
"Purposely" or "with purpose." Intentionally.
"Reasonably believes" or "reasonable belief." A belief which
the actor is not reckless or negligent in holding.
"Recklessly." The meaning specified in section 302 of this
title (relating to general requirements of culpability) and
equivalent terms such as "recklessness" or "with recklessness"
have the same meaning.
"Statute." Includes the Constitution of Pennsylvania and a
local law or ordinance of a political subdivision.
"Whoever." Includes any person.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 22, 1995,
P.L.621, No.66, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
eff. 60 days)
2004 Amendment. Act 207 amended the defs. of "court" and
"judge." See sections 28 and 29 of Act 207 in the appendix to
this title for special provisions relating to applicability and
construction of law.
1995 Amendment. Act 66 added the def. of "police officer."
1978 Amendment. Act 53 amended the intro. par. and added the
defs. of "court" and "judge."
References in Text. The act of June 18, 1974 (P.L.359,
No.120), referred to as the Municipal Police Education and
Training Law, referred to in the def. of "police officer," was
repealed by the act of December 19, 1996, P.L.1158, No.177. The
subject matter is now contained in Subchapter D of Chapter 21 of
Title 53 (Municipalities Generally).
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