Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 3901 (2026)

 Definitions.

✓ current as of May 2026
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CHAPTER 39

THEFT AND RELATED OFFENSES

 

Subchapter

A.  General Provisions

B.  Definition of Offenses

 

Enactment.  Chapter 39 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 39 is referred to in sections 911, 9122.1 of this title; section 8801 of Title 20 (Decedents, Estates and Fiduciaries); section 2303 of Title 44 (Law and Justice); section 2905 of Title 66 (Public Utilities).

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

3901.  Definitions.

3902.  Consolidation of theft offenses.

3903.  Grading of theft offenses.

3904.  Arrest without warrant.

§ 3901.  Definitions.

Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Deprive."

(1)  To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or

(2)  to dispose of the property so as to make it unlikely that the owner will recover it.

"Financial institution."  A bank, insurance company, credit union, building and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

"Firearm."  Any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

"Government."  The United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.

"Movable property."  Property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. "Immovable property" is all other property.

"Obtain."

(1)  To bring about a transfer or purported transfer of legal interest in property, whether to the obtainer or another; or

(2)  in relation to labor or service, to secure performance thereof.

"Property."  Anything of value, including real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power.

"Property of another."  Includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

(July 17, 2007, P.L.139, No.41, eff. 60 days)

 

2007 Amendment.  Act 41 added the def. of "firearm."

Notes of Decisions
Cited in 48 cases (11 in the last 5 years), 1974–2025 · leading case: Commonwealth v. Edwards, 582 A.2d 1078 (Pa. 1990).
Commonwealth v. Edwards, 582 A.2d 1078 (Pa. 1990). · cites it 6× “He claims that the only interest ULDC had in the *565 equipment was that of a security interest and he quotes 18 Pa.C.S. § 3901: Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the…”
Commonwealth v. Stetler, 95 A.3d 864 (Pa. Super. Ct. 2014). · cites it 3× “Pursuant to 18 Pa.C.S. § 3901, “property of another” includes “property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property .”
Commonwealth v. Emanuel, 86 A.3d 892 (Pa. Super. Ct. 2014). · cites it 2× “18 Pa.C.S. § 3901. Appellant contends that the court erred by denying his motion for judgment of acquittal because copper tubing and radiators are not ‘movable property1 triggering the application of section 3921(a).”
Commonwealth v. Lopez, 739 A.2d 485 (Pa. 1999). · cites it 2× “[2] The jury found that the following aggravating circumstances had been established: first, David Bolasky was killed to prevent his testifying against Appellant, 42 Pa.”
Commonwealth v. Overby, 809 A.2d 295 (Pa. 2002). · cites it 2× “[3] 18 Pa.C.S. § 3901. [4] 18 Pa.C.S. § 903. [5] As explained infra, Appellant was tried for the crimes in question on two separate occasions.”
Commonwealth v. Cain, 906 A.2d 1242 (Pa. Super. Ct. 2006). “¶ 14 Accordingly, both of Cain’s issues regarding the discretionary aspects of his sentence are waived.”
United States v. Carl D. McBane, 433 F.3d 344 (3rd Cir. 2005). “” 18 Pa.C.S. § 3901. Thus, even if Suchoza did abandon the rifle, McBane stole the rifle because he deprived the police department of a superior possessory interest.”
Commonwealth v. Grahame, 482 A.2d 255 (Pa. 1984). · cites it 2× “NOTES [1] 18 Pa.C.S. § 3901. [2] Id. § 2705. [3] Id.”
Lowry v. State Farm Ins. Companies, 572 A.2d 700 (Pa. 1990). · cites it 2× “See 18 Pa.C.S. §§ 3901, 3902. The offense of unauthorized use, at id.”
Commonwealth v. Posavek, 420 A.2d 532 (Pa. Super. Ct. 1980). “Our Crimes Code defines “obtain” as the act of bringing about a transfer of property to the obtainer or another, 18 Pa.C.S. § 3901, clearly contemplating that the accused need not have directly received the property but may consummate the crime by accomplishing delivery to a…”
Commonwealth v. Lewis, 445 A.2d 798 (Pa. Super. Ct. 1982). “…“We just iced the mother fucker;” whereupon, the four divided the money which had been removed from the wallet. 2 . 18 Pa.C.S. § 3901 et seq.”
Est. of Philip Meriano, Deceased, Anita Panepinto, Adm'x v. Comm'r of Internal Revenue Serv., 142 F.3d 651 (3rd Cir. 1998). “” 18 Pa.C.S. § 3901. The Commissioner maintains that the definition contained in Section 3901 applies only to statutory uses of the term.”
— 18 Pa. Cons. Stat. § 3901(a)(1)(i) — 1 case
Commonwealth v. Lopez, 739 A.2d 485 (Pa. 1999). “[2] The jury found that the following aggravating circumstances had been established: first, David Bolasky was killed to prevent his testifying against Appellant, 42 Pa.”
— 18 Pa. Cons. Stat. § 3901(a)(l)(i) — 1 case
Commonwealth v. Lopez, 739 A.2d 485 (Pa. 1999). “[2] The jury found that the following aggravating circumstances had been established: first, David Bolasky was killed to prevent his testifying against Appellant, 42 Pa.”
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