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Execution of public duty - 18 Pa. Cons. Stat. § 504Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 504. Execution of public duty.
(a) General rule.--Except as provided in subsection (b) of
this section, conduct is justifiable when it is required or
authorized by any law of the following:
(1) The law defining the duties or functions of a public
officer or the assistance to be rendered to such officer in
the performance of his duties.
(2) The law governing the execution of legal process.
(3) The judgment or order of a competent court or
tribunal.
(4) The law governing the armed services or the lawful
conduct of war.
(5) Any other provision of law imposing a public duty.
(b) Exceptions.--The other sections of this chapter apply
to:
(1) The use of force upon or toward the person of
another for any of the purposes dealt with in such sections.
(2) The use of deadly force for any purpose, unless the
use of such force is otherwise expressly authorized by law or
occurs in the lawful conduct of war.
(c) Requisite state of mind.--The justification afforded by
subsection (a) of this section applies:
(1) when the actor believes his conduct to be required
or authorized by the judgment or direction of a competent
court or tribunal or in the lawful execution of legal
process, notwithstanding lack of jurisdiction of the court or
defect in the legal process; and
(2) when the actor believes his conduct to be required
or authorized to assist a public officer in the performance
of his duties, notwithstanding that the officer exceeded his
legal authority.
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Last modified: November 27, 2007 |