2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 9 - Inchoate Crimes
908.1 - Use or possession of electric or electronic incapacitation device.

     § 908.1.  Use or possession of electric or electronic
                incapacitation device.
        (a)  Offense defined.--Except as set forth in subsection (b),
     a person commits an offense if the person does any of the
     following:
            (1)  Uses an electric or electronic incapacitation device
        on another person for an unlawful purpose.
            (2)  Possesses, with intent to violate paragraph (1), an
        electric or electronic incapacitation device.
        (b)  Self defense.--A person may possess and use an electric
     or electronic incapacitation device in the exercise of
     reasonable force in defense of the person or the person's
     property pursuant to Chapter 5 (relating to general principles
     of justification) if the electric or electronic incapacitation
     device is labeled with or accompanied by clearly written
     instructions as to its use and the damages involved in its use.
        (c)  Prohibited possession.--No person prohibited from
     possessing a firearm pursuant to section 6105 (relating to
     persons not to possess, use, manufacture, control, sell or
     transfer firearms) may possess or use an electric or electronic
     incapacitation device.
        (d)  Grading.--An offense under subsection (a) shall
     constitute a felony of the second degree if the actor acted with
     the intent to commit a felony. Otherwise any offense under this
     section is graded as a misdemeanor of the first degree.
        (e)  Exceptions.--Nothing in this section shall prohibit the
     possession or use by, or the sale or furnishing of any electric
     or electronic incapacitation device to, a law enforcement
     agency, peace officer, employee of a correctional institution,
     county jail or prison or detention center, the National Guard or
     reserves or a member of the National Guard or reserves for use
     in their official duties.
        (f)  Definition.--As used in this section, the term "electric
     or electronic incapacitation device" means a portable device
     which is designed or intended by the manufacturer to be used,
     offensively or defensively, to temporarily immobilize or
     incapacitate persons by means of electric pulse or current,
     including devices operating by means of carbon dioxide
     propellant. The term does not include cattle prods, electric
     fences or other electric devices when used in agricultural,
     animal husbandry or food production activities.
     (Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

        2002 Amendment.  Act 132 added section 908.1.