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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 105 (2026)

 Principles of construction.

✓ current as of May 2026
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§ 105.  Principles of construction.

The provisions of this title shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this title and the special purposes of the particular provision involved. The discretionary powers conferred by this title shall be exercised in accordance with the criteria stated in this title and, in so far as such criteria are not decisive, to further the general purposes stated in this title.

Notes of Decisions
Cited in 50 cases (6 in the last 5 years), 1975–2024 · leading case: Commonwealth, Aplt. v. Lynn, W., 114 A.3d 796 (Pa. 2015).
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Commonwealth, Aplt. v. Lynn, W., 114 A.3d 796 (Pa. 2015). · cites it 3× “” 18 Pa.C.S. § 105. Where the fair import is not clearly discernible, however, a reviewing court must select the principles that guide its evaluative task.”
Commonwealth v. Ostrosky, 866 A.2d 423 (Pa. Super. Ct. 2005). · cites it 4× “18 Pa.C.S. § 105 (provisions of the Crimes Code must be construed "according to the fair import of their terms"); 1 Pa.”
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001). · cites it 2× “” 18 Pa.C.S. § 105. The "fair import” approach is appropriate, the Official Comment to Section 105 explains, "for a modern penal code which carefully defines crimes and defenses rather than leaving their definition to several centuries of common law.”
Commonwealth v. Bullock, 913 A.2d 207 (Pa. 2006). · cites it 2× “" 18 Pa.C.S. § 105; see Commonwealth v. Booth, 564 Pa.”
Commonwealth v. Kelley, 801 A.2d 551 (Pa. 2002). · cites it 2× “18 Pa.C.S. § 105 (provisions of the Crimes Code must be construed “according to the fair import of their terms”); 1 Pa.”
Commonwealth v. Bavusa, 832 A.2d 1042 (Pa. 2003). · cites it 2× “See 18 Pa.C.S. § 105. Even conceding that the legislative commentary should not overemphasized in construing Section 6106, the general purposes of the Crimes Code include safeguarding offenders against excessive and disproportionate punishment and differentiating among offenders…”
Commonwealth v. Demarco, 809 A.2d 256 (Pa. 2002). · cites it 2× “(1972) (standard set forth in Section 309 liberalizes existing law which provides that the coercion must be immediate and induce a well-grounded fear of death or serious bodily injury); see also 18 Pa.C.S. § 105 cmt. (1972) (code "carefully defines crimes and defenses rather…”
Denoncourt v. Commonwealth, State Ethics Comm'n, 470 A.2d 945 (Pa. 1983). · cites it 2× “[1] Section 105 of the new Crimes Code, 18 Pa.C.S. § 105, is not applicable since this is not a provision under that Code.”
Commonwealth v. Graham, 9 A.3d 196 (Pa. 2010). · cites it 2× “[13] See 18 Pa.C.S. § 105 (mandating that the provisions of the Crimes Code be "construed according to the fair import of their terms"); see also 1 Pa.”
Commonwealth, Aplt. v. Fields, R., 107 A.3d 738 (Pa. 2014). · cites it 2× “In light of the above, a central issue is whether subsection (a)(1) is materially ambiguous.”
Commonwealth v. Corporan, 613 A.2d 530 (Pa. 1992). · cites it 2× “§ 7508(a)(3)(ii) requires that a three year minimum sentence of imprisonment and a fine of $15,000 be imposed "when the amount of the substance involved is at least ten grams.”
Commonwealth v. Mlinarich, 498 A.2d 395 (Pa. 1985). · cites it 2× “: (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious; or (4) who is so mentally deranged or deficient that such person is incapable of consent.”
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