2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 3 - Culpability
302 - General requirements of culpability.

     § 302.  General requirements of culpability.
        (a)  Minimum requirements of culpability.--Except as provided
     in section 305 of this title (relating to limitations on scope
     of culpability requirements), a person is not guilty of an
     offense unless he acted intentionally, knowingly, recklessly or
     negligently, as the law may require, with respect to each
     material element of the offense.
        (b)  Kinds of culpability defined.--
            (1)  A person acts intentionally with respect to a
        material element of an offense when:
                (i)  if the element involves the nature of his
            conduct or a result thereof, it is his conscious object
            to engage in conduct of that nature or to cause such a
            result; and
                (ii)  if the element involves the attendant
            circumstances, he is aware of the existence of such
            circumstances or he believes or hopes that they exist.
            (2)  A person acts knowingly with respect to a material
        element of an offense when:
                (i)  if the element involves the nature of his
            conduct or the attendant circumstances, he is aware that
            his conduct is of that nature or that such circumstances
            exist; and
                (ii)  if the element involves a result of his
            conduct, he is aware that it is practically certain that
            his conduct will cause such a result.
            (3)  A person acts recklessly with respect to a material
        element of an offense when he consciously disregards a
        substantial and unjustifiable risk that the material element
        exists or will result from his conduct. The risk must be of
        such a nature and degree that, considering the nature and
        intent of the actor's conduct and the circumstances known to
        him, its disregard involves a gross deviation from the
        standard of conduct that a reasonable person would observe in
        the actor's situation.
            (4)  A person acts negligently with respect to a material
        element of an offense when he should be aware of a
        substantial and unjustifiable risk that the material element
        exists or will result from his conduct. The risk must be of
        such a nature and degree that the actor's failure to perceive
        it, considering the nature and intent of his conduct and the
        circumstances known to him, involves a gross deviation from
        the standard of care that a reasonable person would observe
        in the actor's situation.
        (c)  Culpability required unless otherwise provided.--When
     the culpability sufficient to establish a material element of an
     offense is not prescribed by law, such element is established if
     a person acts intentionally, knowingly or recklessly with
     respect thereto.
        (d)  Prescribed culpability requirement applies to all
     material elements.--When the law defining an offense prescribes
     the kind of culpability that is sufficient for the commission of
     an offense, without distinguishing among the material elements
     thereof, such provision shall apply to all the material elements
     of the offense, unless a contrary purpose plainly appears.
        (e)  Substitutes for negligence, recklessness and
     knowledge.--When the law provides that negligence suffices to
     establish an element of an offense, such element also is
     established if a person acts intentionally or knowingly. When
     acting knowingly suffices to establish an element, such element
     also is established if a person acts intentionally.
        (f)  Requirement of intent satisfied if intent is
     conditional.--When a particular intent is an element of an
     offense, the element is established although such intent is
     conditional, unless the condition negatives the harm or evil
     sought to be prevented by the law defining the offense.
        (g)  Requirement of willfulness satisfied by acting
     knowingly.--A requirement that an offense be committed willfully
     is satisfied if a person acts knowingly with respect to the
     material elements of the offense, unless a purpose to impose
     further requirements appears.
        (h)  Culpability as to illegality of conduct.--Neither
     knowledge nor recklessness or negligence as to whether conduct
     constitutes an offense or as to the existence, meaning or
     application of the law determining the elements of an offense is
     an element of such offense, unless the definition of the offense
     or this title so provides.

        Cross References.  Section 302 is referred to in sections
     103, 305 of this title.