

     § 305.  Limitations on scope of culpability requirements.
        (a)  When culpability requirements are inapplicable to
     summary offenses and to offenses defined by other statutes.--The
     requirements of culpability prescribed by section 301 of this
     title (relating to requirement of voluntary act) and section 302
     of this title (relating to general requirements of culpability)
     do not apply to:
            (1)  summary offenses, unless the requirement involved is
        included in the definition of the offense or the court
        determines that its application is consistent with effective
        enforcement of the law defining the offense; or
            (2)  offenses defined by statutes other than this title,
        in so far as a legislative purpose to impose absolute
        liability for such offenses or with respect to any material
        element thereof plainly appears.
        (b)  Effect of absolute liability in reducing grade of
     offense to summary offense.--Notwithstanding any other provision
     of existing law and unless a subsequent statute otherwise
     provides:
            (1)  when absolute liability is imposed with respect to
        any material element of an offense defined by a statute other
        than this title and a conviction is based upon such
        liability, the offense constitutes a summary offense; and
            (2)  although absolute liability is imposed by law with
        respect to one or more of the material elements of an offense
        defined by a statute other than this title, the culpable
        commission of the offense may be charged and proved, in which
        event negligence with respect to such elements constitutes
        sufficient culpability and the classification of the offense
        and the sentence that may be imposed therefor upon conviction
        are determined by section 106 of this title (relating to
        classes of offenses) and Chapter 11 of this title (relating
        to authorized disposition of offenders).

        Cross References.  Section 305 is referred to in section 302
     of this title.

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Last modified: November 27, 2007