§ 302. General requirements of culpability.
(a) Minimum requirements of culpability.--Except as provided in section 305 of this title (relating to limitations on scope
of culpability requirements), a person is not guilty of an offense unless he acted
intentionally, knowingly, recklessly or negligently, as the law may require, with
respect to each material element of the offense.
(b) Kinds of culpability defined.--
(1) A person acts intentionally with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or a result thereof, it is his conscious
object to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of the existence
of such circumstances or he believes or hopes that they exist.
(2) A person acts knowingly with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or the attendant circumstances,
he is aware that his conduct is of that nature or that such circumstances exist; and
(ii) if the element involves a result of his conduct, he is aware that it is practically
certain that his conduct will cause such a result.
(3) A person acts recklessly with respect to a material element of an offense when he
consciously disregards a substantial and unjustifiable risk that the material element
exists or will result from his conduct. The risk must be of such a nature and degree
that, considering the nature and intent of the actor's conduct and the circumstances
known to him, its disregard involves a gross deviation from the standard of conduct
that a reasonable person would observe in the actor's situation.
(4) A person acts negligently with respect to a material element of an offense when he
should be aware of a substantial and unjustifiable risk that the material element
exists or will result from his conduct. The risk must be of such a nature and degree
that the actor's failure to perceive it, considering the nature and intent of his
conduct and the circumstances known to him, involves a gross deviation from the standard
of care that a reasonable person would observe in the actor's situation.
(c) Culpability required unless otherwise provided.--When the culpability sufficient to establish a material element of an offense is not
prescribed by law, such element is established if a person acts intentionally, knowingly
or recklessly with respect thereto.
(d) Prescribed culpability requirement applies to all material elements.--When the law defining an offense prescribes the kind of culpability that is sufficient
for the commission of an offense, without distinguishing among the material elements
thereof, such provision shall apply to all the material elements of the offense, unless
a contrary purpose plainly appears.
(e) Substitutes for negligence, recklessness and knowledge.--When the law provides that negligence suffices to establish an element of an offense,
such element also is established if a person acts intentionally or knowingly. When
acting knowingly suffices to establish an element, such element also is established
if a person acts intentionally.
(f) Requirement of intent satisfied if intent is conditional.--When a particular intent is an element of an offense, the element is established although
such intent is conditional, unless the condition negatives the harm or evil sought
to be prevented by the law defining the offense.
(g) Requirement of willfulness satisfied by acting knowingly.--A requirement that an offense be committed willfully is satisfied if a person acts
knowingly with respect to the material elements of the offense, unless a purpose to
impose further requirements appears.
(h) Culpability as to illegality of conduct.--Neither knowledge nor recklessness or negligence as to whether conduct constitutes
an offense or as to the existence, meaning or application of the law determining the
elements of an offense is an element of such offense, unless the definition of the
offense or this title so provides.
Cross References. Section 302 is referred to in sections 103, 305 of this title; section 6303 of Title
23 (Domestic Relations).
Notes of Decisions
Commonwealth v. Ludwig (2005)
pa · cites it 18×
“Like the Commonwealth, the Attorney General, who has filed a brief as amicus curiae in this appeal, also contends that Section 2506 does not fail for vagueness, but offers that 18 Pa.C.S. § 302 provides a culpability element when the General Assembly does not prescribe an…”
Commonwealth v. Samuels (2001)
pa · cites it 18×
“§ 3732 was not a strict liability offense and that 18 Pa.C.S. § 302 establishes criminal negligence as the minimum level of culpability.”
Joan Kedra v. Richard Schroeter (2017)
ca3 · cites it 4×
“§ 2705 , with the mental state of “conscious[] disregard[] [of] a substantial and unjustifiable risk” of serious harm, 18 Pa. Cons. Stat. § 302 (b)(3); see also Klein, 795 A.”
Com. v. Arnold, D. (2022)
pasuperct · cites it 8×
“” 18 Pa.C.S. § 302 cmt. (emphasis added) (internal citations omitted).”
Commonwealth v. Heck (1987)
pa · cites it 12×
“President Judge Cercone and Judge Cavanaugh reasoned that the legislature did not intend to impose absolute liability under § 3732 for any death resulting from a traffic violation and would hold that the minimum culpability requirements defined in the Crimes Code, 18 Pa.C.S. §…”
Commonwealth v. Mikulan (1983)
pa · cites it 8×
“§ 305 to determine whether the general requirements of culpability provided in 18 Pa.C.S. § 302 apply. Section 305 provides: (a) When culpability requirements are inapplicable to summary offenses and to offenses defined by other statutes.”
Commonwealth v. Gallagher (2007)
pa · cites it 12×
“The Superior Court concluded that § 2910 was not a strict liability crime with regard to the age of the victim and that the Commonwealth had to prove that Appellee Terrence Gallagher acted knowingly, recklessly, or negligently under 18 Pa.C.S. § 302 with regard to the victim's…”
Commonwealth v. Moran (2010)
pasuperct · cites it 18×
“In addition, he contends that the trial court abused its discretion in denying counsel's requests to instruct the jury on culpability in conformity with 18 Pa.C.S. § 302. Upon review, we find the evidence more than ample to sustain Moran's conviction.”
Commonwealth v. Scolieri (2002)
pa · cites it 8×
“18 Pa.C.S. § 302(b)(3). It is at least arguable, in my view, that a bartender who is charged with observance of the liquor laws, and who served alcohol without requiring identification to a patron designated by the factfinder as someone "any bartender that would serve.”
Commonwealth v. Comer (1998)
pa · cites it 8×
“The car crossed over all the lanes of the intersecting Grant Avenue and stopped only after it crashed headlong into a brick wall.”
Commonwealth v. Markman (2007)
pa · cites it 4×
“For purposes of Section 309(b), recklessly is defined as follows: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.”
— 18 Pa. Cons. Stat. § 302(3) — 1 case
— 18 Pa. Cons. Stat. § 302(a) — 24 cases
Commonwealth v. Samuels (2001)
pa
“§ 3732 was not a strict liability offense and that 18 Pa.C.S. § 302 establishes criminal negligence as the minimum level of culpability.”
Com. v. Arnold, D. (2022)
pasuperct
“” 18 Pa.C.S. § 302 cmt. (emphasis added) (internal citations omitted).”
Commonwealth v. Heck (1987)
pa
“President Judge Cercone and Judge Cavanaugh reasoned that the legislature did not intend to impose absolute liability under § 3732 for any death resulting from a traffic violation and would hold that the minimum culpability requirements defined in the Crimes Code, 18 Pa.C.S. §…”
— 18 Pa. Cons. Stat. § 302(a)(1) — 2 cases
Commonwealth v. Ludwig (2005)
pa
“Like the Commonwealth, the Attorney General, who has filed a brief as amicus curiae in this appeal, also contends that Section 2506 does not fail for vagueness, but offers that 18 Pa.C.S. § 302 provides a culpability element when the General Assembly does not prescribe an…”
Commonwealth v. Comer (1998)
pa
“The car crossed over all the lanes of the intersecting Grant Avenue and stopped only after it crashed headlong into a brick wall.”
— 18 Pa. Cons. Stat. § 302(b) — 46 cases
— 18 Pa. Cons. Stat. § 302(b)(1) — 34 cases
— 18 Pa. Cons. Stat. § 302(b)(1)(i) — 36 cases
— 18 Pa. Cons. Stat. § 302(b)(1)(ii) — 2 cases
— 18 Pa. Cons. Stat. § 302(b)(2) — 34 cases
— 18 Pa. Cons. Stat. § 302(b)(2)(i) — 15 cases
— 18 Pa. Cons. Stat. § 302(b)(2)(ii) — 10 cases
— 18 Pa. Cons. Stat. § 302(b)(3) — 146 cases
Commonwealth v. Markman (2007)
pa
“For purposes of Section 309(b), recklessly is defined as follows: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.”
Commonwealth v. Comer (1998)
pa
“The car crossed over all the lanes of the intersecting Grant Avenue and stopped only after it crashed headlong into a brick wall.”
— 18 Pa. Cons. Stat. § 302(b)(4) — 57 cases
Commonwealth v. Samuels (2001)
pa
“§ 3732 was not a strict liability offense and that 18 Pa.C.S. § 302 establishes criminal negligence as the minimum level of culpability.”
Commonwealth v. Mikulan (1983)
pa
“§ 305 to determine whether the general requirements of culpability provided in 18 Pa.C.S. § 302 apply. Section 305 provides: (a) When culpability requirements are inapplicable to summary offenses and to offenses defined by other statutes.”
Commonwealth v. Heck (1987)
pa
“President Judge Cercone and Judge Cavanaugh reasoned that the legislature did not intend to impose absolute liability under § 3732 for any death resulting from a traffic violation and would hold that the minimum culpability requirements defined in the Crimes Code, 18 Pa.C.S. §…”
— 18 Pa. Cons. Stat. § 302(b)(8) — 1 case
— 18 Pa. Cons. Stat. § 302(b)(l) — 4 cases
— 18 Pa. Cons. Stat. § 302(b)(l)(i) — 8 cases
— 18 Pa. Cons. Stat. § 302(b)(l)(ii) — 1 case
— 18 Pa. Cons. Stat. § 302(c) — 63 cases
Commonwealth v. Ludwig (2005)
pa
“Like the Commonwealth, the Attorney General, who has filed a brief as amicus curiae in this appeal, also contends that Section 2506 does not fail for vagueness, but offers that 18 Pa.C.S. § 302 provides a culpability element when the General Assembly does not prescribe an…”
Com. v. Arnold, D. (2022)
pasuperct
“” 18 Pa.C.S. § 302 cmt. (emphasis added) (internal citations omitted).”
Commonwealth v. Gallagher (2007)
pa
“The Superior Court concluded that § 2910 was not a strict liability crime with regard to the age of the victim and that the Commonwealth had to prove that Appellee Terrence Gallagher acted knowingly, recklessly, or negligently under 18 Pa.C.S. § 302 with regard to the victim's…”
— 18 Pa. Cons. Stat. § 302(d) — 8 cases
Commonwealth v. Scolieri (2002)
pa
“18 Pa.C.S. § 302(b)(3). It is at least arguable, in my view, that a bartender who is charged with observance of the liquor laws, and who served alcohol without requiring identification to a patron designated by the factfinder as someone "any bartender that would serve.”
— 18 Pa. Cons. Stat. § 302(e) — 9 cases
— 18 Pa. Cons. Stat. § 302(g) — 11 cases
— 18 Pa. Cons. Stat. § 302(h) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.