§ 2702.1. Assault of law enforcement officer.
(a) Assault of a law enforcement officer.--
(1) A person commits a felony of the first degree who attempts to cause or intentionally
or knowingly causes bodily injury to a law enforcement officer, while in the performance
of duty and with knowledge that the victim is a law enforcement officer, by discharging
a firearm.
(2) Except as provided under sections 2703 (relating to assault by prisoner), 2703.1 (relating
to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner),
a person is guilty of a felony of the third degree if the person intentionally or
knowingly causes or attempts to cause a law enforcement officer, while in the performance
of duty and with knowledge that the victim is a law enforcement officer, to come into
contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting
or expelling the fluid or material.
(3) A person who commits an offense under paragraph (2) shall be guilty of a felony of
the second degree if:
(i) the person knew, had reason to know, should have known or believed the fluid or material
to have been obtained from an individual, including the person charged under this
section, infected by a communicable disease declared reportable by regulation authorized
by the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention
and Control Law of 1955; and
(ii) the communicable disease referenced in subparagraph (i) is communicable to the law
enforcement officer by the method used or attempted to be used to cause the law enforcement
officer to come into contact with the blood, seminal fluid, saliva, urine or feces.
(b) Penalties.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony),
a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment
fixed by the court at not more than 40 years.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Law enforcement officer." The term shall have the same meaning as the term "peace officer" is given under section
501 (relating to definitions).
"Firearm." As defined under 42 Pa.C.S. § 9712(e) (relating to sentences for offenses committed
with firearms).
(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; Nov. 3, 2022, P.L.1634, No.99, eff.
60 days)
2022 Amendment. Act 99 amended subsecs. (a) and (b).
2008 Amendment. Act 131 added section 2702.1.
Cross References. Section 2702.1 is referred to in section 904 of Title 30 (Fish); section 905.1 of
Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
40
cases (
14 in the last 5 years), 2010–2026 · leading case:
Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. Ct. 2015).
Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. Ct. 2015).
· cites it 4× “Additionally, our independent review of the record has revealed no non-frivolous claims that Appellant could have raised, and we agree with counsel that this appeal is wholly frivolous.”
Commonwealth v. Poplawski, R., Aplt., 130 A.3d 697 (Pa. 2015).
· cites it 2× “§ 901(a), nine counts of assault of law enforcement officer, 18 Pa.C.S. § 2702.1(a), and other related charges based on the events of April 4, 2009.”
Commonwealth v. Predmore, 199 A.3d 925 (Pa. Super. Ct. 2018).
“at 445 (citing 18 Pa.C.S. § 2702.1 ). Noting that attempt requires specific intent, we concluded that the Commonwealth had satisfied that element, because pointing a gun at a person and then firing it " 'speaks volumes as to one's intention.”
Commonwealth v. Griffin, 207 A.3d 827 (Pa. 2019).
· cites it 2× “§ 2702(a)(1) or (2) (relating to aggravated assault), assault of law enforcement officer as defined in 18 Pa.C.S. § 2702.1 (relating to assault of law enforcement officer), use of weapons of mass destruction as defined in 18 Pa.”
Com. v. Carmichael, I (Pa. Super. Ct. 2018).
· cites it 4× “2 18 Pa.C.S. § 2702.1(a). J-S80017-17 officers on patrol nearby heard the shots and proceeded to the area.”
Com. v. Nobblen, W. (Pa. Super. Ct. 2019).
· cites it 4× “, Police Officer Daniel Kostick and his partner, Officer Thomas Howe, were on routine bicycle patrol ____________________________________________ 1 18 Pa.C.S. §§ 2702.1(a), 2702, 6106, 6108, 907(a), and 6105, respectively.”
Commonwealth v. Young, 15 Pa. D. & C.5th 478 (2010).
· cites it 6× “Attempted Assault of Law Enforcement Officer 18 Pa.C.S. §2702.1 The defendant has been charged with two counts of criminal attempt — assault of a law enforcement officer under 18 Pa.”
Com. v. Scott, T. (Pa. Super. Ct. 2018).
· cites it 3× “2 18 Pa.C.S. §§ 2702.1, 2702, 2705, respectively.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
· cites it 3× “§ 901), assault of a law enforcement officer (18 Pa.C.S. § 2702.1(a)(1)), aggravated assault graded as a felony of the first degree (18 Pa.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
· cites it 3× “§ 901), assault of a law enforcement officer (18 Pa.C.S. § 2702.1(a)(1)), aggravated assault graded as a felony of the first degree (18 Pa.”
— 18 Pa. Cons. Stat. § 2702.1(a) — 21 cases
Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. Ct. 2015).
“Additionally, our independent review of the record has revealed no non-frivolous claims that Appellant could have raised, and we agree with counsel that this appeal is wholly frivolous.”
Commonwealth v. Poplawski, R., Aplt., 130 A.3d 697 (Pa. 2015).
“§ 901(a), nine counts of assault of law enforcement officer, 18 Pa.C.S. § 2702.1(a), and other related charges based on the events of April 4, 2009.”
Com. v. Carmichael, I (Pa. Super. Ct. 2018).
“2 18 Pa.C.S. § 2702.1(a). J-S80017-17 officers on patrol nearby heard the shots and proceeded to the area.”
Com. v. Nobblen, W. (Pa. Super. Ct. 2019).
“, Police Officer Daniel Kostick and his partner, Officer Thomas Howe, were on routine bicycle patrol ____________________________________________ 1 18 Pa.C.S. §§ 2702.1(a), 2702, 6106, 6108, 907(a), and 6105, respectively.”
— 18 Pa. Cons. Stat. § 2702.1(a)(1) — 6 cases
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“§ 901), assault of a law enforcement officer (18 Pa.C.S. § 2702.1(a)(1)), aggravated assault graded as a felony of the first degree (18 Pa.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“§ 901), assault of a law enforcement officer (18 Pa.C.S. § 2702.1(a)(1)), aggravated assault graded as a felony of the first degree (18 Pa.”
— 18 Pa. Cons. Stat. § 2702.1(a)(2) — 1 case
— 18 Pa. Cons. Stat. § 2702.1(b) — 4 cases
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“§ 901), assault of a law enforcement officer (18 Pa.C.S. § 2702.1(a)(1)), aggravated assault graded as a felony of the first degree (18 Pa.”
Com. v. Rodriguez, M. (Pa. Super. Ct. 2026).
“§ 901), assault of a law enforcement officer (18 Pa.C.S. § 2702.1(a)(1)), aggravated assault graded as a felony of the first degree (18 Pa.”
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