2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 1 - General Provisions
103 - Definitions.

     § 103.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this title which are applicable to specific
     provisions of this part, the following words and phrases when
     used in this title shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        "Act" or "action."  A bodily movement whether voluntary or
     involuntary.
        "Actor."  Includes, where relevant, a person guilty of an
     omission.
        "Acted."  Includes, where relevant, "omitted to act."
        "Cohabit."  To live together under the representation or
     appearance of being married.
        "Conduct."  An action or omission and its accompanying state
     of mind, or, where relevant, a series of acts and omissions.
        "Court."  Includes (when exercising criminal or quasi-
     criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
     jurisdiction and venue)) a magisterial district judge.
        "Element of an offense."  Such conduct or such attendant
     circumstances or such a result of conduct as:
            (1)  is included in the description of the forbidden
        conduct in the definition of the offense;
            (2)  establishes the required kind of culpability;
            (3)  negatives an excuse or justification for such
        conduct;
            (4)  negatives a defense under the statute of limitation;
        or
            (5)  establishes jurisdiction or venue.
        "Fiduciary."  Includes trustee, guardian, executor,
     administrator, receiver and any person carrying on fiduciary
     functions on behalf of a corporation or other organization which
     is a fiduciary.
        "Intentionally."  The meaning specified in section 302 of
     this title (relating to general requirements of culpability) and
     equivalent terms such as "with intent," "designed" or "with
     design" have the same meaning.
        "Judge."  Includes (when exercising criminal or quasi-
     criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
     jurisdiction and venue)) a magisterial district judge.
        "Knowingly."  The meaning specified in section 302 of this
     title (relating to general requirements of culpability) and
     equivalent terms such as "knowing" or "with knowledge" have the
     same meaning.
        "Material element of an offense."  An element that does not
     relate exclusively to the statute of limitations, jurisdiction,
     venue or to any other matter similarly unconnected with:
            (1)  the harm or evil incident to conduct, sought to be
        prevented by the law defining the offense; or
            (2)  the existence of a justification or excuse for such
        conduct.
        "Negligently."  The meaning specified in section 302 of this
     title (relating to general requirements of culpability) and
     equivalent terms such as "negligence" or "with negligence" have
     the same meaning.
        "Omission."  A failure to act.
        "Police officer."  The term shall include the sheriff of a
     county of the second class and deputy sheriffs of a county of
     the second class who have successfully completed the
     requirements under the act of June 18, 1974 (P.L.359, No.120),
     referred to as the Municipal Police Education and Training Law.
        "Purposely" or "with purpose."  Intentionally.
        "Reasonably believes" or "reasonable belief."  A belief which
     the actor is not reckless or negligent in holding.
        "Recklessly."  The meaning specified in section 302 of this
     title (relating to general requirements of culpability) and
     equivalent terms such as "recklessness" or "with recklessness"
     have the same meaning.
        "Statute."  Includes the Constitution of Pennsylvania and a
     local law or ordinance of a political subdivision.
        "Whoever."  Includes any person.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 22, 1995,
     P.L.621, No.66, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
     eff. 60 days)

        2004 Amendment.  Act 207 amended the defs. of "court" and
     "judge." See sections 28 and 29 of Act 207 in the appendix to
     this title for special provisions relating to applicability and
     construction of law.
        1995 Amendment.  Act 66 added the def. of "police officer."
        1978 Amendment.  Act 53 amended the intro. par. and added the
     defs. of "court" and "judge."
        References in Text.  The act of June 18, 1974 (P.L.359,
     No.120), referred to as the Municipal Police Education and
     Training Law, referred to in the def. of "police officer," was
     repealed by the act of December 19, 1996, P.L.1158, No.177. The
     subject matter is now contained in Subchapter D of Chapter 21 of
     Title 53 (Municipalities Generally).