Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 103 (2026)

 Definitions.

✓ current as of May 2026
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§ 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 section 29 of Act 207 in the appendix to this title for special provisions relating to 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).

Notes of Decisions
Cited in 72 cases (14 in the last 5 years), 1975–2026 · leading case: Allegheny Cnty. Deputy Sheriffs' Ass'n v. Pennsylvania Labor Relations Bd., 990 A.2d 86 (Pa. Commw. Ct. 2010).
Allegheny Cnty. Deputy Sheriffs' Ass'n v. Pennsylvania Labor Relations Bd., 990 A.2d 86 (Pa. Commw. Ct. 2010). · cites it 24× “Section 103 of the Crimes Code, 18 Pa.C.S. § 103, defines “police officer” as follows: 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 MPETL],…”
Commonwealth v. Bavusa, 832 A.2d 1042 (Pa. 2003). · cites it 6× “18 Pa.C.S. § 103, quoted in Lopez, 565 A.”
Commonwealth v. Perfetto, M., Aplt., 207 A.3d 812 (Pa. 2019). · cites it 3× “The Crimes Code, however, defines "court" as: "Includes (when exercising criminal or quasi-criminal jurisdiction pursuant to 42 Pa.”
Allegheny Cnty. Deputy Sheriffs' Ass'n v. Pennsylvania Labor Relations Bd., 41 A.3d 839 (Pa. 2012). · cites it 12× “See, respectively, 18 Pa.C.S. § 103; 53 Pa.C.S. § 2162. Concluding that the aforesaid legislative action was not dispositive of the issue, the PLRB hearing examiner here determined that the Deputy Sheriffs were not "police officers" as contemplated by Act 111 because he found…”
Commonwealth v. Aponte, 855 A.2d 800 (Pa. 2004). · cites it 4× “§§ 9712(b), 9714(c); 2) the statutes' factors did not satisfy the Crimes Code's definition of an "element of an offense," see 18 Pa.C.S. § 103; [11] 3) the statutes neither altered the degree of guilt of the offenses nor increased the maximum sentences for the offenses; and 4)…”
Commonwealth v. Dobbins, 934 A.2d 1170 (Pa. 2007). · cites it 6× “" 18 Pa.C.S. § 103. Observing that, presently, Allegheny County is the only "second class" county in Pennsylvania, Dobbins, 880 A.”
Jean-Louis v. Attorney Gen. of the United States, 582 F.3d 462 (3rd Cir. 2009). · cites it 2× “The determination that subpart 2701(b)(2) sets forth a grading factor and not an element of the offense is significant. As a “grading” factor, subpart 2701(b)(2) does not trigger the statutory “gap-filling” provisions, 8 which provide a mental state requirement that would be…”
Commonwealth v. Dobbins, 880 A.2d 690 (Pa. Super. Ct. 2005). · cites it 10× “[2] Thus, it might be argued that the legislature has specifically abrogated the common law powers of a sheriff not of Allegheny County.”
Commonwealth v. Wright, 494 A.2d 354 (Pa. 1985). · cites it 2× “*32 Visible possession of a firearm is neither included in the definitions of the felonies enumerated in section 9712(a) nor does it establish the culpability required under those definitions. See 18 Pa.C.S. §§ 2502(c), 2503, 2702(a)(1), 2901, 3121, 3123, 3701(a)(1)(i)-(iii).”
Commonwealth v. Allen, 494 A.2d 1067 (Pa. 1985). · cites it 4× “We concluded that, in addition to the legislature's explicit statement that visible possession is not an element of the crime, visible possession does not meet the statutory *119 definition of such an element, see 18 Pa.C.S. § 103, and does not alter the degree of guilt.”
Commonwealth v. Fanelli, 547 A.2d 1201 (Pa. 1988). · cites it 4× “18 Pa.Cons.Stat.Ann. § 103 (Purdon 1983) (emphasis added).”
Commonwealth v. Reagan, 502 A.2d 702 (Pa. 1985). · cites it 3× “18 Pa.C.S. § 103. A prior conviction is nowhere mentioned in 75 Pa.”
— 18 Pa. Cons. Stat. § 103(1) — 2 cases
Commonwealth v. Bavusa, 832 A.2d 1042 (Pa. 2003). “18 Pa.C.S. § 103, quoted in Lopez, 565 A.”
Com. v. Lites, B. (Pa. Super. Ct. 2023).
— 18 Pa. Cons. Stat. § 103(5) — 3 cases
Commonwealth v. Williams, 550 A.2d 579 (Pa. 1988).
Commonwealth v. Smith, 481 A.2d 1352 (Pa. 1984).
Commonwealth v. Knight, 419 A.2d 492 (Pa. Super. Ct. 1980).
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