CHAPTER 27
ASSAULT
Sec.
2701. Simple assault.
2702. Aggravated assault.
2702.1. Assault of law enforcement officer.
2703. Assault by prisoner.
2703.1. Aggravated harassment by prisoner.
2704. Assault by life prisoner.
2705. Recklessly endangering another person.
2706. Terroristic threats.
2707. Propulsion of missiles into an occupied vehicle or onto a roadway.
2707.1. Discharge of a firearm into an occupied structure.
2707.2. Paintball guns and paintball markers.
2708. Use of tear or noxious gas in labor disputes.
2709. Harassment.
2709.1. Stalking.
2710. Ethnic intimidation.
2711. Probable cause arrests in domestic violence cases.
2712. Assault on sports official.
2713. Neglect of care-dependent person.
2713.1. Abuse of care-dependent person.
2714. Unauthorized administration of intoxicant.
2715. Threat to use weapons of mass destruction.
2716. Weapons of mass destruction.
2717. Terrorism.
2718. Strangulation.
2719. Endangerment of public safety official.
Enactment. Chapter 27 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 27 is referred to in sections 3104, 3502 of this title; section 8801 of Title
20 (Decedents, Estates and Fiduciaries); section 3103 of Title 23 (Domestic Relations);
sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial Procedure).
§ 2701. Simple assault.
(a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is
guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to
another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious bodily injury;
or
(4) conceals or attempts to conceal a hypodermic needle on his person and intentionally
or knowingly penetrates a law enforcement officer or an officer or an employee of
a correctional institution, county jail or prison, detention facility or mental hospital
during the course of an arrest or any search of the person.
(b) Grading.--Simple assault is a misdemeanor of the second degree unless committed:
(1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor
of the third degree; or
(2) against a child under 12 years of age by a person 18 years of age or older, in which
case it is a misdemeanor of the first degree.
(Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; June 22, 2001, P.L.605, No.48, eff.
60 days; Dec. 9, 2002, P.L.1391, No.172, eff. 60 days; Dec. 18, 2013, P.L.1198, No.118,
eff. Jan. 1, 2014)
2013 Amendment. Act 118 amended subsecs. (a) and (b)(2).
Cross References. Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title;
sections 5329, 6711 of Title 23 (Domestic Relations); sections 5920, 9720.8, 9774.1
of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and
Justice); sections 4503, 4601 of Title 61 (Prisons and Parole).
Notes of Decisions
United States v. Sean Michael Grier (2007)
ca3 · cites it 6×
“18 Pa. Cons.Stat. § 2701. . Section 3553(b)(1) provided, in pertinent part, as follows: [T]he court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) [prescribed by the United States Sentencing Guidelines] unless the court finds that…”
Dwayne Harvard v. Christopher Cesnalis (2020)
ca3 · cites it 3×
“Cesnalis filed an affidavit of probable cause with the magistrate judge, charging Harvard with: (1) recklessly endangering another person ( 18 Pa. Cons. Stat. § 2705 ); (2) reckless driving ( 75 Pa.”
Com. v. Velazquez, G. (2019)
pasuperct · cites it 4×
“Following his plea, federal authorities arrested Velazquez on an immigration detainer ____________________________________________ 1 18 Pa.C.S. §§ 2701(a)(3), 5503(a)(1), respectively.”
Jean-Louis v. Attorney General of the United States (2009)
ca3 · cites it 5×
“Noting that, “[I]t is unclear from the record of conviction whether the assault Respondent committed was intentional, knowing, or reckless,” the IJ assumed that Jean-Louis “recklessly” inflicted bodily injury on another — the least culpable mental state specified in § 2701(a)(1).”
Commonwealth v. Miller (2017)
pasuperct · cites it 2×
“§ 2702; 18 Pa.C.S. § 2701; and 18 Pa.C.S. § 907, respectively.”
Commonwealth v. Pressley (2005)
pa · cites it 4×
“21B, based upon the Commonwealth's failure to produce the copies of the probable cause affidavit that were submitted to and approved by the District Attorney's Office. [1] Counsel also requested *222 that the jury be instructed that they could find Appellant guilty of simple…”
Commonwealth v. Matthew (2006)
pa · cites it 4×
“The essence of my departure from the majority opinion is the determination of what constitutes such a substantial step, such that the intent to cause "fear of imminent serious bodily injury or death" (simple assault, 18 Pa.C.S. § 2701(a)(3)) can be distinguished from the intent…”
Commonwealth v. Sebolka (2019)
pasuperct · cites it 2×
“§ [902]/ 18 Pa.C.S. § 2701, a misdemeanor of the second degree and two (2) counts of criminal conspiracy to commit simple assault.”
Commonwealth v. Kirkwood (1987)
pa · cites it 10×
“We conclude that this evidence was insufficient to establish either the "physical impairment" or the "substantial pain" which is necessary to prove the crime of criminal assault as defined in 18 Pa.C.S. § 2701. Temporary aches and pains brought about by strenuous, even violent,…”
— 18 Pa. Cons. Stat. § 2701(1) — 1 case
— 18 Pa. Cons. Stat. § 2701(2) — 1 case
— 18 Pa. Cons. Stat. § 2701(3) — 3 cases
— 18 Pa. Cons. Stat. § 2701(4)(3) — 1 case
— 18 Pa. Cons. Stat. § 2701(A) — 1 case
— 18 Pa. Cons. Stat. § 2701(A)(1) — 2 cases
— 18 Pa. Cons. Stat. § 2701(A)(2) — 1 case
— 18 Pa. Cons. Stat. § 2701(A)(3) — 2 cases
— 18 Pa. Cons. Stat. § 2701(A)(l) — 1 case
— 18 Pa. Cons. Stat. § 2701(a) — 128 cases
Commonwealth v. Kirkwood (1987)
pa
“We conclude that this evidence was insufficient to establish either the "physical impairment" or the "substantial pain" which is necessary to prove the crime of criminal assault as defined in 18 Pa.C.S. § 2701. Temporary aches and pains brought about by strenuous, even violent,…”
— 18 Pa. Cons. Stat. § 2701(a)(1) — 378 cases
— 18 Pa. Cons. Stat. § 2701(a)(2) — 22 cases
— 18 Pa. Cons. Stat. § 2701(a)(3) — 136 cases
United States v. Sean Michael Grier (2007)
ca3
“18 Pa. Cons.Stat. § 2701. . Section 3553(b)(1) provided, in pertinent part, as follows: [T]he court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) [prescribed by the United States Sentencing Guidelines] unless the court finds that…”
Com. v. Velazquez, G. (2019)
pasuperct
“Following his plea, federal authorities arrested Velazquez on an immigration detainer ____________________________________________ 1 18 Pa.C.S. §§ 2701(a)(3), 5503(a)(1), respectively.”
Commonwealth v. Matthew (2006)
pa
“The essence of my departure from the majority opinion is the determination of what constitutes such a substantial step, such that the intent to cause "fear of imminent serious bodily injury or death" (simple assault, 18 Pa.C.S. § 2701(a)(3)) can be distinguished from the intent…”
— 18 Pa. Cons. Stat. § 2701(a)(I) — 4 cases
— 18 Pa. Cons. Stat. § 2701(a)(J) — 1 case
— 18 Pa. Cons. Stat. § 2701(a)(l) — 24 cases
— 18 Pa. Cons. Stat. § 2701(a)(l)(3) — 1 case
— 18 Pa. Cons. Stat. § 2701(b) — 23 cases
— 18 Pa. Cons. Stat. § 2701(b)(1) — 16 cases
Commonwealth v. Pressley (2005)
pa
“21B, based upon the Commonwealth's failure to produce the copies of the probable cause affidavit that were submitted to and approved by the District Attorney's Office. [1] Counsel also requested *222 that the jury be instructed that they could find Appellant guilty of simple…”
United States v. Sean Michael Grier (2007)
ca3
“18 Pa. Cons.Stat. § 2701. . Section 3553(b)(1) provided, in pertinent part, as follows: [T]he court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) [prescribed by the United States Sentencing Guidelines] unless the court finds that…”
— 18 Pa. Cons. Stat. § 2701(b)(2) — 6 cases
Jean-Louis v. Attorney General of the United States (2009)
ca3
“Noting that, “[I]t is unclear from the record of conviction whether the assault Respondent committed was intentional, knowing, or reckless,” the IJ assumed that Jean-Louis “recklessly” inflicted bodily injury on another — the least culpable mental state specified in § 2701(a)(1).”
— 18 Pa. Cons. Stat. § 2701(c) — 1 case
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