SENATE AMENDED
PRIOR PRINTER'S NOS. 423, 3119 PRINTER'S NO. 3881
No. 401 Session of 1979
INTRODUCED BY MESSRS. GRIECO, MRKONIC, HASAY, CIMINI, STAIRS,
PETERSON, W. W. FOSTER, BOWSER, MADIGAN, BURD, ZORD, POLITE,
ZELLER, SCHEAFFER, GEIST, NOYE, DeVERTER, WENGER, WILT,
LIVENGOOD, PETRARCA, MACKOWSKI, LETTERMAN, STUBAN, E. H.
SMITH, D. S. HAYES, REED, PITTS, HELFRICK, ARMSTRONG,
KLINGAMAN, MANMILLER, LEVI, PICCOLA, D. M. O'BRIEN,
SIEMINSKI AND ALDEN, FEBRUARY 20, 1979
SENATOR O'PAKE, JUDICIARY, IN SENATE, AS AMENDED, SEPTEMBER 16,
1980
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the justifiable
3 use of force.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Subsection (c) of section 507 of Title 18, act of
7 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
8 Consolidated Statutes, is amended to read:
9 § 507. Use of force for the protection of property.
10 * * *
11 (c) Limitations on justifiable use of force.--
12 (1) The use of force is justifiable under this section
13 only if the actor first requests the person against whom such
14 force is used to desist from his interference with the
15 property, unless the actor believes that:
1 (i) such request would be useless;
2 (ii) it would be dangerous to himself or another
3 person to make the request; or
4 (iii) substantial harm will be done to the physical
5 condition of the property which is sought to be protected
6 before the request can effectively be made.
7 (2) The use of force to prevent or terminate a trespass
8 is not justifiable under this section if the actor knows that
9 the exclusion of the trespasser will expose him to
10 substantial danger of serious bodily injury.
11 (3) The use of force to prevent an entry or reentry upon
12 land or the recaption of movable property is not justifiable
13 under this section, although the actor believes that such
14 reentry or caption is unlawful, if:
15 (i) the reentry or recaption is made by or on behalf
16 of a person who was actually dispossessed of the
17 property; and
18 (ii) it is otherwise justifiable under [paragraph]
19 subsection (a)(2) [of this section].
20 [(4) The]
21 (4) (i) The use of deadly force is justifiable under <--
22 this section if:
23 (A) there has been an entry into the actor's
24 dwelling; and
25 (B) the actor neither believes nor has reason to
26 believe that:
27 (I) the entry is lawful; or
28 (II) force less than deadly force would be
29 adequate to terminate the entry.
30 (4) (I) THE USE OF DEADLY FORCE IS JUSTIFIABLE UNDER <--
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1 THIS SECTION IF:
2 (A) THERE HAS BEEN AN ENTRY INTO THE ACTOR'S
3 DWELLING;
4 (B) THE ACTOR NEITHER BELIEVES NOR HAS REASON TO
5 BELIEVE THAT THE ENTRY IS LAWFUL; AND
6 (C) THE ACTOR NEITHER BELIEVES NOR HAS REASON TO
7 BELIEVE THAT FORCE LESS THAN DEADLY FORCE WOULD BE
8 ADEQUATE TO TERMINATE THE ENTRY.
9 (ii) If the conditions of justification provided in
10 subparagraph (i) have not been met, the use of deadly
11 force is not justifiable under this section unless the
12 actor believes that:
13 [(i)] (A) the person against whom the force is used
14 is attempting to dispossess him of his dwelling
15 otherwise than under a claim of right to its
16 possession; or
17 [(ii)] (B) such force is necessary to prevent the
18 commission of a felony in the dwelling.
19 * * *
20 Section 2. This act shall take effect immediately.
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