Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 301 (2026)

Requirement of voluntary act.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

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CHAPTER 3

CULPABILITY

Sec.

301. Requirement of voluntary act.

302. General requirements of culpability.

303. Causal relationship between conduct and result.

304. Ignorance or mistake.

305. Limitations on scope of culpability requirements.

306. Liability for conduct of another; complicity.

307. Liability of organizations and certain related persons.

308. Intoxication or drugged condition.

309. Duress.

310. Military orders.

311. Consent.

312. De minimis infractions.

313. Entrapment.

314. Guilty but mentally ill.

315. Insanity.

Enactment. Chapter 3 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References. Chapter 3 is referred to in section 2607 of this title.

§ 301. Requirement of voluntary act.

(a) General rule.--A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

(b) Omission as basis of liability.--Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(1) the omission is expressly made sufficient by the law defining the offense; or

(2) a duty to perform the omitted act is otherwise imposed by law.

(c) Possession as an act.--Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Cross References. Section 301 is referred to in section 305 of this title.

Notes of Decisions

Cited in 42 cases (12 in the last 5 years), 1977–2026 · leading case: Commonwealth v. Pestinikas, 617 A.2d 1339 (Pa. Super. Ct. 1992).

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Commonwealth v. Pestinikas, 617 A.2d 1339 (Pa. Super. Ct. 1992). · cites it 14× “Separate convictions for recklessly endangering another person were deemed to merge for sentencing purposes in the convictions for murder of the third degree.”

Commonwealth v. Parrish, 191 A.3d 31 (Pa. Super. Ct. 2018). “The Crimes Code defines the term "possession" as "an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.”

Commonwealth v. Packer, 798 A.2d 192 (Pa. 2002). · cites it 2× “Finally, Packer asserts that section 610(1) is unconstitutional.”

Commonwealth v. Lamonda, 52 A.3d 365 (Pa. Super. Ct. 2012). “This is technically not an argument over Lamonda’s state of mind, but a contention that there was no volitional act on Lamonda’s part that caused the vehicle to leave the lane of travel.”

Commonwealth v. Carter, 393 A.2d 660 (Pa. 1978). · cites it 2× “See also Section 301(a) of the Crimes Code, 18 Pa.C.S. § 301(a), which provides that "[a] person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.”

Commonwealth v. Rambo, 378 A.2d 953 (Pa. Super. Ct. 1977). · cites it 2× “June 6, 1973; 18 Pa.C.S. § 301, defines the act of possession as follows: "(c) Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been…”

Commonwealth v. Collins, 810 A.2d 698 (Pa. Super. Ct. 2002). “18 Pa.C.S. § 301. Collins’s reliance on Section 301 is misguided because Section 301 is inapplicable to the disposition of the present case.”

Commonwealth v. Konz, 402 A.2d 692 (Pa. Super. Ct. 1979). · cites it 4× “[5] 18 Pa.C.S. § 301(b)(1). [6] 18 Pa.C.S. § 301(b)(2).”

Commonwealth v. McFarland, 382 A.2d 465 (Pa. Super. Ct. 1977). · cites it 2× “" 18 Pa.C.S. § 301(c). The evidence in the instant case was clearly sufficient to prove beyond a reasonable doubt that appellant possessed a sawed-off shotgun which by definition is an offensive weapon.”

Commonwealth v. CSX Transp., Inc., 653 A.2d 1327 (Pa. Commw. Ct. 1995). · cites it 2× “Not reaching the constitutional issues, the trial court dismissed the information, finding the Pollution of Waters section of the Fish and Game Code failed to clearly set forth a duty to perform or standard of behavior as required by Section 301 of the Crimes Code, 18 Pa.C.S. §…”

Price v. Pennsylvania Bd. of Prob. & Parole, 863 A.2d 173 (Pa. Commw. Ct. 2004). · cites it 2× “" Section 301(c) of the Crimes Code, 18 Pa.C.S. § 301(c) (emphasis added). Thus, a parolee violates condition 5(b) if the parolee fails to check his inclination to knowingly control a firearm for a sufficient period of time to be able to terminate possession.”

Commonwealth v. Rambo, 412 A.2d 535 (Pa. 1980). “1482, § 1, 18 Pa.C.S. § 301, defines possession as: “an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.”

Show all 42 citing cases →

— 18 Pa. Cons. Stat. § 301(a) — 13 cases

Commonwealth v. Pestinikas, 617 A.2d 1339 (Pa. Super. Ct. 1992). “Separate convictions for recklessly endangering another person were deemed to merge for sentencing purposes in the convictions for murder of the third degree.”

Commonwealth v. Carter, 393 A.2d 660 (Pa. 1978). “See also Section 301(a) of the Crimes Code, 18 Pa.C.S. § 301(a), which provides that "[a] person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.”

Commonwealth v. Pedota, 64 A.3d 634 (Pa. Super. Ct. 2013).

State v. Armstard, 991 So. 2d 116 (La. Ct. App. 2008).

— 18 Pa. Cons. Stat. § 301(b) — 1 case

— 18 Pa. Cons. Stat. § 301(b)(1) — 1 case

Commonwealth v. Konz, 402 A.2d 692 (Pa. Super. Ct. 1979). “[5] 18 Pa.C.S. § 301(b)(1). [6] 18 Pa.C.S. § 301(b)(2).”

— 18 Pa. Cons. Stat. § 301(b)(2) — 5 cases

Commonwealth v. Packer, 798 A.2d 192 (Pa. 2002). “Finally, Packer asserts that section 610(1) is unconstitutional.”

Commonwealth v. Konz, 402 A.2d 692 (Pa. Super. Ct. 1979). “[5] 18 Pa.C.S. § 301(b)(1). [6] 18 Pa.C.S. § 301(b)(2).”

Com. v. Tedesco, T. (Pa. Super. Ct. 2017).

Com. v. Smith, S. (Pa. Super. Ct. 2025).

— 18 Pa. Cons. Stat. § 301(c) — 18 cases

Commonwealth v. McFarland, 382 A.2d 465 (Pa. Super. Ct. 1977). “" 18 Pa.C.S. § 301(c). The evidence in the instant case was clearly sufficient to prove beyond a reasonable doubt that appellant possessed a sawed-off shotgun which by definition is an offensive weapon.”

Price v. Pennsylvania Bd. of Prob. & Parole, 863 A.2d 173 (Pa. Commw. Ct. 2004). “" Section 301(c) of the Crimes Code, 18 Pa.C.S. § 301(c) (emphasis added). Thus, a parolee violates condition 5(b) if the parolee fails to check his inclination to knowingly control a firearm for a sufficient period of time to be able to terminate possession.”

Commonwealth v. Herman, 161 A.3d 194 (Pa. 2017).

Commonwealth, Aplt. v. Herman, J., 161 A.3d 194 (Pa. 2017).

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