§ 305. Limitations on scope of culpability requirements.
(a) When culpability requirements are inapplicable to summary offenses and to offenses
defined by other statutes.--The requirements of culpability prescribed by section 301 of this title (relating
to requirement of voluntary act) and section 302 of this title (relating to general
requirements of culpability) do not apply to:
(1) summary offenses, unless the requirement involved is included in the definition of
the offense or the court determines that its application is consistent with effective
enforcement of the law defining the offense; or
(2) offenses defined by statutes other than this title, in so far as a legislative purpose
to impose absolute liability for such offenses or with respect to any material element
thereof plainly appears.
(b) Effect of absolute liability in reducing grade of offense to summary offense.--Notwithstanding any other provision of existing law and unless a subsequent statute
otherwise provides:
(1) when absolute liability is imposed with respect to any material element of an offense
defined by a statute other than this title and a conviction is based upon such liability,
the offense constitutes a summary offense; and
(2) although absolute liability is imposed by law with respect to one or more of the material
elements of an offense defined by a statute other than this title, the culpable commission
of the offense may be charged and proved, in which event negligence with respect to
such elements constitutes sufficient culpability and the classification of the offense
and the sentence that may be imposed therefor upon conviction are determined by section
106 of this title (relating to classes of offenses) and Chapter 11 of this title (relating
to authorized disposition of offenders).
Cross References. Section 305 is referred to in section 302 of this title.
Notes of Decisions
Cited in
32
cases (
4 in the last 5 years), 1975–2022 · leading case:
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
· cites it 22× “" 18 Pa.C.S. § 305, official cmt. [15] Also of significance, these provisions (like those of the MPC) are operative "unless a subsequent statute otherwise provides.”
Commonwealth v. Mikulan, 470 A.2d 1339 (Pa. 1983).
· cites it 4× “Since this offense is part of the Motor Vehicle Code, not the Crimes Code, we look first to 18 Pa.C.S. § 305 to determine whether the general requirements of culpability provided in 18 Pa.”
Commonwealth v. Flanagan, 854 A.2d 489 (Pa. 2004).
· cites it 2× “§ 306(d) (emphasis added); see also 18 Pa.C.S. § 305 (defining an accomplice according to his intent in relation to the crime with which he is charged as an accomplice).”
Commonwealth v. Barone, 419 A.2d 457 (Pa. Super. Ct. 1980).
· cites it 3× “18 Pa.C.S. § 305. The requirement in this section that the intention to create strict (or “absolute”) criminal liability must “plainly appear [ ]” manifests a strong legislative policy against strict liability crimes.”
Commonwealth v. Scolieri, 813 A.2d 672 (Pa. 2002).
· cites it 2× “§ 302(c), other than summary offenses, see 18 Pa.C.S. § 305(a)(1). Although I therefore agree with the majority that the Superior Court's order of affirmance cannot be sustained on the court's reasoning, I would remand for a determination whether, on this record, a finding of…”
Commonwealth v. Heck, 535 A.2d 575 (Pa. 1987).
· cites it 2× “See, 18 Pa.C.S. § 305(a)(2). [1] Act of December 6, 1972, P.”
Commonwealth v. Pond, 846 A.2d 699 (Pa. Super. Ct. 2004).
“” 18 Pa.C.S. § 305(a)(2) (emphasis added). ¶ 12 Additionally, under section 304 of the Crimes Code, “ignorance or mistake *706 as to a matter of fact, for which there is reasonable explanation or excuse, is a defense if .”
Commonwealth v. JADE EAST, 346 A.2d 562 (Pa. Super. Ct. 1975).
· cites it 8× “See 18 Pa.C.S. § 305 (b) (1). If the Commonwealth can prove, however, *147 that the defendant was negligent with respect to one or more of the material elements of the offense, the defendant is properly charged with and convicted of a higher crime as classified by § 106 of the…”
Commonwealth v. Kauffman, 470 A.2d 634 (Pa. 1984).
· cites it 2× “" 18 Pa.C.S. § 305(a)(1). The learned president judge of Adams County determined that it was consistent with effective enforcement of the hit and run law to hold liable the operator of a motor vehicle who failed to stop at the scene of an accident because he unreasonably was not…”
Commonwealth v. Klinger, 535 A.2d 1060 (Pa. 1987).
· cites it 2× “See 18 Pa.C.S. § 305(b). [11] Appellant argues that the statutes at issue in this case demonstrate a "purpose to impose further requirements" with respect to the element of willfulness, see 18 Pa.”
In Re: Private Crim. Complaint, 271 A.3d 516 (Pa. Super. Ct. 2022).
· cites it 2× “See 18 Pa.C.S. § 305(a) (“The requirements of culpability prescribed by section 301 of this title (relating to requirement of voluntary act) and section 302 of this title (relating to general requirements of culpability) do not apply to: (1) summary offenses, unless the…”
Commonwealth v. Koch, 443 A.2d 1157 (Pa. Super. Ct. 1982).
· cites it 2× “18 Pa.C.S. § 305. [6] Crimes Code Section 305 clearly exempts summary offenses from the culpability requirements of Section 302 (except of course the case where the definition of the summary offense includes a culpability requirement).”
— 18 Pa. Cons. Stat. § 305(a) — 10 cases
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“" 18 Pa.C.S. § 305, official cmt. [15] Also of significance, these provisions (like those of the MPC) are operative "unless a subsequent statute otherwise provides.”
In Re: Private Crim. Complaint, 271 A.3d 516 (Pa. Super. Ct. 2022).
“See 18 Pa.C.S. § 305(a) (“The requirements of culpability prescribed by section 301 of this title (relating to requirement of voluntary act) and section 302 of this title (relating to general requirements of culpability) do not apply to: (1) summary offenses, unless the…”
— 18 Pa. Cons. Stat. § 305(a)(1) — 7 cases
Commonwealth v. Mikulan, 470 A.2d 1339 (Pa. 1983).
“Since this offense is part of the Motor Vehicle Code, not the Crimes Code, we look first to 18 Pa.C.S. § 305 to determine whether the general requirements of culpability provided in 18 Pa.”
Commonwealth v. Scolieri, 813 A.2d 672 (Pa. 2002).
“§ 302(c), other than summary offenses, see 18 Pa.C.S. § 305(a)(1). Although I therefore agree with the majority that the Superior Court's order of affirmance cannot be sustained on the court's reasoning, I would remand for a determination whether, on this record, a finding of…”
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“" 18 Pa.C.S. § 305, official cmt. [15] Also of significance, these provisions (like those of the MPC) are operative "unless a subsequent statute otherwise provides.”
Commonwealth v. Kauffman, 470 A.2d 634 (Pa. 1984).
“" 18 Pa.C.S. § 305(a)(1). The learned president judge of Adams County determined that it was consistent with effective enforcement of the hit and run law to hold liable the operator of a motor vehicle who failed to stop at the scene of an accident because he unreasonably was not…”
— 18 Pa. Cons. Stat. § 305(a)(2) — 7 cases
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“" 18 Pa.C.S. § 305, official cmt. [15] Also of significance, these provisions (like those of the MPC) are operative "unless a subsequent statute otherwise provides.”
Commonwealth v. Heck, 535 A.2d 575 (Pa. 1987).
“See, 18 Pa.C.S. § 305(a)(2). [1] Act of December 6, 1972, P.”
Commonwealth v. Pond, 846 A.2d 699 (Pa. Super. Ct. 2004).
“” 18 Pa.C.S. § 305(a)(2) (emphasis added). ¶ 12 Additionally, under section 304 of the Crimes Code, “ignorance or mistake *706 as to a matter of fact, for which there is reasonable explanation or excuse, is a defense if .”
Commonwealth v. Barone, 419 A.2d 457 (Pa. Super. Ct. 1980).
“18 Pa.C.S. § 305. The requirement in this section that the intention to create strict (or “absolute”) criminal liability must “plainly appear [ ]” manifests a strong legislative policy against strict liability crimes.”
— 18 Pa. Cons. Stat. § 305(b) — 4 cases
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“" 18 Pa.C.S. § 305, official cmt. [15] Also of significance, these provisions (like those of the MPC) are operative "unless a subsequent statute otherwise provides.”
Commonwealth v. Klinger, 535 A.2d 1060 (Pa. 1987).
“See 18 Pa.C.S. § 305(b). [11] Appellant argues that the statutes at issue in this case demonstrate a "purpose to impose further requirements" with respect to the element of willfulness, see 18 Pa.”
— 18 Pa. Cons. Stat. § 305(b)(1) — 1 case
— 18 Pa. Cons. Stat. § 305(b)(2) — 2 cases
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“" 18 Pa.C.S. § 305, official cmt. [15] Also of significance, these provisions (like those of the MPC) are operative "unless a subsequent statute otherwise provides.”
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.