actus reus requirement (Pennsylvania) · Go Syfert
← Pennsylvania issues

actus reus requirement in Pennsylvania

5 Pennsylvania opinions name it 1 courts 1979–2026 4 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Fedorekgreen
pa · 2008 · cited in 3 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023Id.

2023Commonwealth v. Fedorek, 946 A.2d 93, 100 (Pa. Super. 2023) (stating, the disorderly conduct statute “is aimed at protecting the public from certain enumerated acts”).

23
Commonwealth v. Gilbertgreen
pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026Noise is unreasonable for purposes of Section 5503(a)(2) where it is “not fitting or proper in respect to the conventional standards of organized society or a legally constituted community.” Forrey, 108 A.3d at 898 (quoting Commonwealth v. Gilbert, 674 A.2d 284, 287 (Pa. Super. 1996), and Commonwealth v. Maerz, 879 A.2d 1267, 1269 (Pa. Super. 2005)). - 10 - J-S17037-26 “Ultimately, … what constitutes the [actus reus] of ‘unreasonable noise’ under the disorderly conduct statute is determined solely by the volume of the speech, not its content.” Id. (quoting Maerz, 879 A.2d at 1269 ; emphasis in

11
Com. v. Bertothy, J.green
pasuperct · 2023 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026The actus reus requirement of this offense “requires proof that a defendant’s actions or words created noise that was unreasonable.” Commonwealth v. Bertothy, 307 A.3d 776, 781 (Pa. Super. 2023) (citation omitted).

11
Commonwealth v. Maerzgreen
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
2 sentences

2026Noise is unreasonable for purposes of Section 5503(a)(2) where it is “not fitting or proper in respect to the conventional standards of organized society or a legally constituted community.” Forrey, 108 A.3d at 898 (quoting Commonwealth v. Gilbert, 674 A.2d 284, 287 (Pa. Super. 1996), and Commonwealth v. Maerz, 879 A.2d 1267, 1269 (Pa. Super. 2005)). - 10 - J-S17037-26 “Ultimately, … what constitutes the [actus reus] of ‘unreasonable noise’ under the disorderly conduct statute is determined solely by the volume of the speech, not its content.” Id. (quoting Maerz, 879 A.2d at 1269 ; emphasis in

2026Noise is unreasonable for purposes of Section 5503(a)(2) where it is “not fitting or proper in respect to the conventional standards of organized society or a legally constituted community.” Forrey, 108 A.3d at 898 (quoting Commonwealth v. Gilbert, 674 A.2d 284, 287 (Pa. Super. 1996), and Commonwealth v. Maerz, 879 A.2d 1267, 1269 (Pa. Super. 2005)). - 10 - J-S17037-26 “Ultimately, … what constitutes the [actus reus] of ‘unreasonable noise’ under the disorderly conduct statute is determined solely by the volume of the speech, not its content.” Id. (quoting Maerz, 879 A.2d at 1269 ; emphasis in

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Commonwealth v. Forrey green
pasuperct · 2015
1 sentence

2026Noise is unreasonable for purposes of Section 5503(a)(2) where it is “not fitting or proper in respect to the conventional standards of organized society or a legally constituted community.” Forrey, 108 A.3d at 898 (quoting Commonwealth v. Gilbert, 674 A.2d 284, 287 (Pa. Super. 1996), and Commonwealth v. Maerz, 879 A.2d 1267, 1269 (Pa. Super. 2005)). - 10 - J-S17037-26 “Ultimately, … what constitutes the [actus reus] of ‘unreasonable noise’ under the disorderly conduct statute is determined solely by the volume of the speech, not its content.” Id. (quoting Maerz, 879 A.2d at 1269 ; emphasis in

12026–2026
Commonwealth v. Brown green
pa · 1942
2 sentences

1979In such a case, “the facts [would] bring the offense”, Commonwealth v. Brown, supra, 346 Pa. at 200 , 29 A.2d at 797 , within both the specific provision (the provision against unlawful use of credit cards) and the general provision (the provision against forgery).

1979In such a case, “the facts [would] bring the offense”, Commonwealth v. Brown, supra, 346 Pa. at 200 , 29 A.2d at 797 , within both the specific provision (the provision against unlawful use of credit cards) and the general provision (the provision against forgery).

11979–1979

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 5503 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 32 (1983–2026) TX 13 (2007–2024) PA 5 (1979–2026) NC 2 (2013–2019) DC 2 (2009–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check