Pa. Cons. Stat. » 18 Pa. Cons. Stat. (CRIMES AND OFFENSES) / Chapter 3
Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 310 (2026)

 Military orders.

✓ current as of May 2026
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§ 310.  Military orders.

It is a defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know and cannot reasonably be expected to know to be unlawful.

Notes of Decisions
Cited in 5 cases, 1976–2020 · leading case: Commonwealth v. Jones, 363 A.2d 1281 (Pa. Super. Ct. 1976).
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Commonwealth v. Jones, 363 A.2d 1281 (Pa. Super. Ct. 1976). “§ 309 (duress); 18 Pa. C.S. § 310 (military orders); 18 Pa.”
Com. v. Borgos-Leon, E. (Pa. Super. Ct. 2017). “§3101. According to Section 3101 of the Crimes Code, "[ s]exual intercourse" is a term that ' includesintercourse per os or per anus, with some penetration however slight; emission is not required.”
Com. v. Ross, B., No. 528 EDA 2018 (Pa. Super. Ct. Nov. 6, 2018). “" 18 Pa.C.S. § 310]. A person commits Aggravated Indecent Assault of a Child when he or she "engages in penetration, however slight, of the genitals or anus of a complainant [that is less than l3 years of age] with a part of the person's body for any purpose other than good…”
Com. v. Bledsoe, J., No. 1552 EDA 2019 (Pa. Super. Ct. July 16, 2020). “18 Pa.C.S. § 310 l. Here, defendant does not challenge that he had vaginal and oral intercourse with his biological daughter, but contends that the intercourse was not accomplished through forcible compulsion.”
Commonwealth v. Stauffer, 42 Pa. D. & C.5th 160 (2014). “18Pa.C.S. §310 l.It is specifically alleged that the defendant engaged in sexual intercourse with the victim by forcible compulsion in that he held the victim’s arms behind her back and held her down with a hand on her back and continued the sexual intercourse with her after she…”
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