Use of force by persons with special responsibility for care, discipline or safety of others - 18 Pa. Cons. Stat. § 509

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     § 509.  Use of force by persons with special responsibility for
                care, discipline or safety of others.
        The use of force upon or toward the person of another is
     justifiable if:
            (1)  The actor is the parent or guardian or other person
        similarly responsible for the general care and supervision of
        a minor or a person acting at the request of such parent,
        guardian or other responsible person and:
                (i)  the force is used for the purpose of
            safeguarding or promoting the welfare of the minor,
            including the preventing or punishment of his misconduct;
            and
                (ii)  the force used is not designed to cause or
            known to create a substantial risk of causing death,
            serious bodily injury, disfigurement, extreme pain or
            mental distress or gross degradation.
            (2)  The actor is a teacher or person otherwise entrusted
        with the care or supervision for a special purpose of a minor
        and:
                (i)  the actor believes that the force used is
            necessary to further such special purpose, including the
            maintenance of reasonable discipline in a school, class
            or other group, and that the use of such force is
            consistent with the welfare of the minor; and
                (ii)  the degree of force, if it had been used by the
            parent or guardian of the minor, would not be
            unjustifiable under paragraph (1)(ii).
            (3)  The actor is the guardian or other person similarly
        responsible for the general care and supervision of an
        incapacitated, mentally ill or mentally retarded person; and:
                (i)  the force is used for the purpose of
            safeguarding or promoting the welfare of the
            incapacitated, mentally ill or mentally retarded person,
            including the prevention of his misconduct, and there is
            no reasonable alternative to the use of such force; and
                (ii)  the force used is not designed to cause or
            known to create a substantial risk of causing death,
            bodily injury, disfigurement, unnecessary pain, mental
            distress, or humiliation.
            (4)  The actor is a doctor or other therapist or a person
        assisting him at his direction; and:
                (i)  the force is used for the purpose of
            administering a recognized form of treatment not
            prohibited by law of this Commonwealth which the actor
            believes to be adapted to promoting the physical or
            mental health of the patient; and
                (ii)  the treatment is administered with the consent
            of the patient, or, if the patient is a minor or an
            incapacitated person with the consent of his parent or
            guardian or other person legally competent to consent in
            his behalf, or the treatment is administered in an
            emergency when the actor believes that no one competent
            to consent can be consulted and that a reasonable person,
            wishing to safeguard the welfare of the patient, would
            consent.
            (5)  The actor is a warden or other authorized official
        of a correctional institution; and:
                (i)  he believes that the force used is necessary for
            the purpose of enforcing the lawful rules or procedures
            of the institution, unless his belief in the lawfulness
            of the rule or procedure sought to be enforced is
            erroneous and his error is due to ignorance or mistake as
            to the provisions of this title, any other provision of
            the criminal law or the law governing the administration
            of the institution;
                (ii)  the nature or degree of force used is not
            forbidden by law; and
                (iii)  if deadly force is used, its use is otherwise
            justifiable under this chapter.
            (6)  The actor is a person responsible for the safety of
        a vessel or an aircraft or a person acting at his direction;
        and:
                (i)  he believes that the force used is necessary to
            prevent interference with the operation of the vessel or
            aircraft or obstruction of the execution of a lawful
            order, unless his belief in the lawfulness of the order
            is erroneous and his error is due to ignorance or mistake
            as to the law defining his authority; and
                (ii)  if deadly force is used, its use is otherwise
            justifiable under this chapter.
            (7)  The actor is a person who is authorized or required
        by law to maintain order or decorum in a vehicle, train or
        other carrier or in a place where others are assembled; and:
                (i)  he believes that the force used is necessary for
            such purpose; and
                (ii)  the force used is not designed to cause death,
            or known to create a substantial risk of causing death,
            bodily injury, or extreme mental distress.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Apr. 16, 1992,
     P.L.108, No.24, eff. 60 days)

Last modified: November 27, 2007