CHAPTER 35
BURGLARY AND OTHER CRIMINAL INTRUSION
Sec.
3501. Definitions.
3502. Burglary.
3503. Criminal trespass.
3504. Railroad protection, railroad vandalism and interference with transportation facilities.
3505. Unlawful use of unmanned aircraft.
Enactment. Chapter 35 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 35 is referred to in sections 5985.1, 5993 of Title 42 (Judiciary and Judicial
Procedure).
§ 3501. Definitions.
Subject to additional definitions contained in subsequent provisions of this chapter
which are applicable to specific provisions of this chapter, the following words or
phrases when used in this chapter shall have, unless the context clearly indicates
otherwise, the meanings given to them in this section:
"Domestic animal." As defined in section 5531 (relating to definitions).
"Occupied structure." Any structure, vehicle or place adapted for overnight accommodation of persons, or
for carrying on business therein, whether or not a person is actually present.
(July 11, 2022, P.L.719, No.60, eff. 60 days)
2022 Amendment. Act 60 added the def. of "domestic animal."
Notes of Decisions
Cited in
29
cases (
3 in the last 5 years), 1976–2026 · leading case:
Mathis v. United States, 195 L. Ed. 2d 604 (2016).
Mathis v. United States, 195 L. Ed. 2d 604 (2016).
· cites it 2× “13 (Lexis 2014); 18 Pa. Cons. Stat. Ann. §§3501, 3502 (2015); S.”
Commonwealth v. Graham, 9 A.3d 196 (Pa. 2010).
· cites it 6× “at 10 (quoting 18 Pa.C.S. § 3501) (emphasis in original).”
Commonwealth v. Hagan, 654 A.2d 541 (Pa. 1995).
· cites it 6× “" 18 Pa.C.S. § 3501 defines an occupied structure as "any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.”
Commonwealth v. Holmes, 461 A.2d 1268 (Pa. 1983).
· cites it 2× “Contrary to appellant's several arguments, the circumstances were such as to permit the factfinder to infer not only that Holmes knew he was not privileged to enter the building (criminal trespass) but also that he entered with the intent to commit the crime of theft (burglary).”
Com. v. Headley, J., 242 A.3d 940 (Pa. Super. Ct. 2020).
· cites it 2× “However, upon review, we note that the burglary and criminal trespass statutes employ the definition of “occupied structure” from 18 Pa.C.S. § 3501 which uses language identical to Section 2707.”
Commonwealth v. Christy, 515 A.2d 832 (Pa. 1986).
· cites it 2× “18 Pa.C.S. § 3501 Definitions "Occupied structure.”
United States v. Farrell, 672 F.3d 27 (1st Cir. 2012).
“” 18 Pa. Cons.Stat. Ann. § 3501. This statute does not have as an element the threat or use of physical force, so it does not come within clause (i) of the ACCA.”
Commonwealth v. Conaway, 105 A.3d 755 (Pa. Super. Ct. 2014).
“’ 18 Pa.C.S. § 3501. The focus of the determination of whether a structure is adapted for overnight accommodation is the nature of the structure itself and its intended use, and not whether the structure is in fact inhabited.”
— 18 Pa. Cons. Stat. § 3501(a) — 1 case
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