§ 2507. Criminal homicide of law enforcement officer.
(a) Murder of a law enforcement officer of the first degree.--A person commits murder of a law enforcement officer of the first degree who intentionally
kills a law enforcement officer while in the performance of duty knowing the victim
is a law enforcement officer.
(b) Murder of a law enforcement officer of the second degree.--A person commits murder of a law enforcement officer of the second degree who engages
as a principal or an accomplice in the perpetration of a felony during which a law
enforcement officer is killed while in the performance of duty.
(c) Manslaughter of a law enforcement officer in the first degree.--A person commits a felony in the first degree who does any of the following:
(1) Without lawful justification kills a law enforcement officer while in the performance
of duty and with knowledge that the victim was a law enforcement officer, if at the
time of the killing:
(i) the person is acting under a sudden and intense passion resulting from serious provocation
by the victim killed; or
(ii) the person is acting under a sudden and intense passion resulting from serious provocation
by another individual whom the actor endeavors to kill, but the person negligently
or accidentally causes the death of the victim.
(2) Intentionally or knowingly kills a law enforcement officer while in the performance
of duty and with knowledge that the victim was a law enforcement officer, if at the
time of the killing the person believes the circumstances to be such that, if they
existed, would justify the killing under Chapter 5 (relating to general principles
of justification), but his belief is unreasonable.
(d) Manslaughter of a law enforcement officer in the second degree.--A person commits a felony of the second degree who, as a direct result of the doing
of an unlawful or lawful act in a reckless or grossly negligent manner, causes the
death of a law enforcement officer while in the performance of duty and the person
knew or should have known the victim was a law enforcement officer.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Law enforcement officer." This term shall have the same meaning as the term "peace officer" is given under section
501 (relating to definitions).
"Perpetration of a felony." As defined under section 2502(d) (relating to murder).
(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
2008 Amendment. Act 131 added section 2507.
Cross References. Section 2507 is referred to in section 9714 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
12
cases (
6 in the last 5 years), 2016–2024 · leading case:
Commonwealth v. Griffin, 149 A.3d 349 (Pa. Super. Ct. 2016).
Commonwealth v. Griffin, 149 A.3d 349 (Pa. Super. Ct. 2016).
“§ 2606 (relating to aggravated assault of unborn ' child), aggravated assault as defined in 18 Pa.”
Commonwealth v. Griffin, 207 A.3d 827 (Pa. 2019).
· cites it 2× “-- As used in this section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third…”
Com. v. Ransom, R, 2024 Pa. Super. 296 (Pa. Super. Ct. 2024).
· cites it 2× “” 18 Pa.C.S. § 2507(a). The Pennsylvania Crimes Code states that a person may be convicted of aggravated assault if he “attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated…”
Com. v. Barnes, J. (Pa. Super. Ct. 2016).
“§ 9714(a), (g) a convicted second offender of a violent crime, which includes 18 Pa.C.S. § 2507(c), manslaughter of a law enforcement officer, is subject to a mandatory term of 10-20 years’ incarceration.”
Com. v. Lacastro, A. (Pa. Super. Ct. 2019).
“Appellant was acquitted of five counts each of attempted murder of a law enforcement officer, 18 Pa.C.S. § 2507, and aggravated assault of an officer, 18 Pa.”
Com. v. Markowski, T. (Pa. Super. Ct. 2020).
“” 18 Pa.C.S. § 2507. In the case of attempted murder, “a person may be convicted if he takes a substantial step toward the commission of a killing with the specific intent in mind to commit such an act.”
T.M. Fleming v. PBPP (Pa. Commw. Ct. 2021).
“4 Section 9714(g) defines a “crime of violence” under the Sentencing Code as: murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer),…”
A. Livingston v. PPB (Pa. Commw. Ct. 2024).
“6 Thus, the fact that the crime for which Livingston was convicted, aggravated assault – attempts to cause or causes bodily injury to designated individuals under Section 6 Section 9714 of the Sentencing Code defines “crime of violence” as: murder of the third degree, voluntary…”
Brown v. Houser (M.D. Penn. 2024).
“§ 901, which establishes the mens rea necessary to find a defendant guilty of attempting to commit an offense, and the elements of the offense of Manslaughter of a Law Enforcement Officer in the First Degree set forth in 18 Pa.C.S. § 2507(c). However, his argument ultimately…”
Com. v. Rentas, M. (Pa. Super. Ct. 2024).
“§ 901(a); 18 Pa.C.S. § 2507(a). It is clear that in order to show that a defendant committed assault of a law enforcement officer, the Commonwealth must prove that - 10 - J-S03028-24 the defendant discharged a firearm, which in not an element of attempted murder of a law…”
— 18 Pa. Cons. Stat. § 2507(a) — 3 cases
Com. v. Ransom, R, 2024 Pa. Super. 296 (Pa. Super. Ct. 2024).
“” 18 Pa.C.S. § 2507(a). The Pennsylvania Crimes Code states that a person may be convicted of aggravated assault if he “attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated…”
Com. v. Rentas, M. (Pa. Super. Ct. 2024).
“§ 901(a); 18 Pa.C.S. § 2507(a). It is clear that in order to show that a defendant committed assault of a law enforcement officer, the Commonwealth must prove that - 10 - J-S03028-24 the defendant discharged a firearm, which in not an element of attempted murder of a law…”
— 18 Pa. Cons. Stat. § 2507(c) — 7 cases
Commonwealth v. Griffin, 149 A.3d 349 (Pa. Super. Ct. 2016).
“§ 2606 (relating to aggravated assault of unborn ' child), aggravated assault as defined in 18 Pa.”
Commonwealth v. Griffin, 207 A.3d 827 (Pa. 2019).
“-- As used in this section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third…”
Com. v. Barnes, J. (Pa. Super. Ct. 2016).
“§ 9714(a), (g) a convicted second offender of a violent crime, which includes 18 Pa.C.S. § 2507(c), manslaughter of a law enforcement officer, is subject to a mandatory term of 10-20 years’ incarceration.”
T.M. Fleming v. PBPP (Pa. Commw. Ct. 2021).
“4 Section 9714(g) defines a “crime of violence” under the Sentencing Code as: murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer),…”
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