Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 3303 (2026)

 Failure to prevent catastrophe.

✓ current as of May 2026
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§ 3303.  Failure to prevent catastrophe.

A person who knowingly or recklessly fails to take reasonable measures to prevent or mitigate a catastrophe, when he can do so without substantial risk to himself, commits a misdemeanor of the second degree if:

(1)  he knows that he is under an official, contractual or other legal duty to take such measures; or

(2)  he did or assented to the act causing or threatening the catastrophe.

Notes of Decisions
Cited in 6 cases, 1987–2015 · leading case: Commonwealth v. Karetny, 880 A.2d 505 (Pa. 2005).
Commonwealth v. Karetny, 880 A.2d 505 (Pa. 2005). · cites it 2× “§ 3302(b); one count of failure to prevent a catastrophe, 18 Pa.C.S. § 3303; and criminal conspiracy, 18 Pa.”
Commonwealth v. McCall, 786 A.2d 191 (Pa. 2001). · cites it 2× “[4] 18 Pa.C.S. § 3303(2). [5] 18 Pa.C.S. § 4952(a)(1).”
Commonwealth v. Berrigan, 535 A.2d 91 (Pa. 1987). · cites it 2× “[3] 18 Pa.Cons.Stat.Ann. § 3303 (Purdon 1983).”
Commonwealth v. Smalis, 592 A.2d 669 (Pa. 1991). · cites it 2× “[4] 18 Pa.C.S. § 3303. [5] 18 Pa.C.S. § 4114.”
Com. v. Talley, Q. (Pa. Super. Ct. 2015). “18 Pa.C.S. § 3303. As our Supreme Court has observed, the offense of failing to prevent a catastrophe is markedly different from the crime of risking a catastrophe.”
Commonwealth v. Guida, 10 Pa. D. & C.4th 538 (1990). “They all walked down the hall together and, according to Sivak, the smoke and flames were so obvious that no one could have missed them. As a result of the fire, defendant has been charged with failure to control and report dangerous fires, 18 Pa.”
— 18 Pa. Cons. Stat. § 3303(2) — 2 cases
Commonwealth v. McCall, 786 A.2d 191 (Pa. 2001). “[4] 18 Pa.C.S. § 3303(2). [5] 18 Pa.C.S. § 4952(a)(1).”
Commonwealth v. Guida, 10 Pa. D. & C.4th 538 (1990). “They all walked down the hall together and, according to Sivak, the smoke and flames were so obvious that no one could have missed them. As a result of the fire, defendant has been charged with failure to control and report dangerous fires, 18 Pa.”
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