


                                CHAPTER 5
                   GENERAL PRINCIPLES OF JUSTIFICATION

     Sec.
     501.  Definitions.
     502.  Justification a defense.
     503.  Justification generally.
     504.  Execution of public duty.
     505.  Use of force in self-protection.
     506.  Use of force for the protection of other persons.
     507.  Use of force for the protection of property.
     508.  Use of force in law enforcement.
     509.  Use of force by persons with special responsibility for
           care, discipline or safety of others.
     510.  Justification in property crimes.

        Enactment.  Chapter 5 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 5 is referred to in sections 311,
     908.1, 2503, 2605, 2608 of this title.
     § 501.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this chapter which are applicable to specific
     provisions of this chapter, the following words and phrases,
     when used in this chapter shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        "Believes" or "belief."  Means "reasonably believes" or
     "reasonable belief."
        "Correctional institution."  Any penal institution,
     penitentiary, State farm, reformatory, prison, jail, house of
     correction, or other institution for the incarceration or
     custody of persons under sentence for offenses or awaiting trial
     or sentence for offenses.
        "Corrections officer."  A full-time employee assigned to the
     Department of Corrections whose principal duty is the care,
     custody and control of inmates of a penal or correctional
     institution operated by the Department of Corrections.
        "Deadly force."  Force which, under the circumstances in
     which it is used, is readily capable of causing death or serious
     bodily injury.
        "Dwelling."  Any building or structure though movable or
     temporary, or a portion thereof, which is for the time being the
     home or place of lodging of the actor.
        "Peace officer."  Any person who by virtue of his office or
     public employment is vested by law with a duty to maintain
     public order or to make arrests for offenses, whether that duty
     extends to all offenses or is limited to specific offenses, or
     any person on active State duty pursuant to section 311 of the
     act of May 27, 1949 (P.L.1903, No.568), known as "The Military
     Code of 1949." The term "peace officer" shall also include any
     member of any park police department of any county of the third
     class.
        "Unlawful force."  Force, including confinement, which is
     employed without the consent of the person against whom it is
     directed and the employment of which constitutes an offense or
     actionable tort or would constitute such offense or tort except
     for a defense (such as the absence of intent, negligence, or
     mental capacity; duress; youth; or diplomatic status) not
     amounting to a privilege to use the force. Assent constitutes
     consent, within the meaning of this section, whether or not it
     otherwise is legally effective, except assent to the infliction
     of death or serious bodily injury.
     (July 6, 1984, P.L.647, No.134, eff. 90 days; July 17, 2007,
     P.L.139, No.41, eff. 60 days)

        2007 Amendment.  Act 41 added the def. of "corrections
     officer."
        1984 Amendment.  Act 134 amended the def. of "peace officer."
        References in Text.  The act of May 27, 1949 (P.L.1903,
     No.568), known as The Military Code of 1949, referred to in the
     definition of "peace officer," was repealed August 1, 1975,
     P.L.185, No.91, and P.L.233, No.92, effective January 1, 1976.
     The subject matter of former section 311 is now contained in
     section 508 of Title 51 (Military Affairs).

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Last modified: November 27, 2007