2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 3 - Culpability
312 - De minimis infractions.

     § 312.  De minimis infractions.
        (a)  General rule.--The court shall dismiss a prosecution if,
     having regard to the nature of the conduct charged to constitute
     an offense and the nature of the attendant circumstances, it
     finds that the conduct of the defendant:
            (1)  was within a customary license or tolerance, neither
        expressly negatived by the person whose interest was
        infringed nor inconsistent with the purpose of the law
        defining the offense;
            (2)  did not actually cause or threaten the harm or evil
        sought to be prevented by the law defining the offense or did
        so only to an extent too trivial to warrant the condemnation
        of conviction; or
            (3)  presents such other extenuations that it cannot
        reasonably be regarded as envisaged by the General Assembly
        or other authority in forbidding the offense.
        (b)  Written statement.--The court shall not dismiss a
     prosecution under this section without filing a written
     statement of its reasons, except that if the attorney for the
     Commonwealth is the moving party for such dismissal no such
     written statement need be filed.
     (June 22, 1978, P.L.494, No.73, eff. 60 days)

        1978 Amendment.  Act 73 amended subsec. (b).