§ 5104.1. Disarming law enforcement officer.
(a) Offense defined.--A person commits the offense of disarming a law enforcement officer if he:
(1) without lawful authorization, removes or attempts to remove a firearm, rifle, shotgun
or weapon from the person of a law enforcement officer or corrections officer, or
deprives a law enforcement officer or corrections officer of the use of a firearm,
rifle, shotgun or weapon, when the officer is acting within the scope of the officer's
duties; and
(2) has reasonable cause to know or knows that the individual is a law enforcement officer
or corrections officer.
(b) Grading.--A violation of this section constitutes a felony of the third degree.
(July 5, 2005, P.L.76, No.30, eff. 60 days)
2005 Amendment. Act 30 added section 5104.1.
Cross References. Section 5104.1 is referred to in section 5104.3 of this title.
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2017–2026 · leading case:
Commonwealth v. Soto, 202 A.3d 80 (Pa. Super. Ct. 2018).
Commonwealth v. Soto, 202 A.3d 80 (Pa. Super. Ct. 2018).
“18 Pa.C.S. § 5104.1(a). Instantly, the Commonwealth presented evidence that Appellant, while attempting to punch the officer, "continued to try and wrestle that [T]aser away from" Officer Epolito.”
Com. v. Beals, T. (Pa. Super. Ct. 2017).
· cites it 5× “§ 2702(a), disarming a law enforcement officer, 18 Pa.C.S. § 5104.1, simple assault, 18 Pa.”
Com. v. Coleman-Redd, I. (Pa. Super. Ct. 2022).
· cites it 4× “Commonwealth’s Brief at 8 (citing 18 Pa.C.S. §§ 5104.1, 2701). The maximum sentences for these crimes are 7 years’ imprisonment and 2 years’ imprisonment, respectively.”
Com. v. Davenport, M. (Pa. Super. Ct. 2023).
· cites it 3× “18 Pa. C.S. § 5104.1. -5- J-S32005-23 Here, Appellant acknowledges that he ignored Corporal Milore’s order to get out of the car and states that “there is conflicting testimony as to what ensued.”
Com. v. Owens, C. (Pa. Super. Ct. 2026).
· cites it 2× “Appellant also argues that, considering the resisting arrest statute in pari materia with the statute immediately following it in the Crimes Code, that of “Disarming a Law Enforcement Officer,” 18 Pa.C.S. § 5104.1, supports his claim that a CO is not a “public servant” under the…”
People v. Jeremiah Anthony Tomaske (Colo. Ct. App. 2022).
“§ 30-22-27 (A) (West 2021) (“removing a firearm or weapon”); 18 Pa. Cons. Stat. § 5104.1 (a)(1) (2021) (“removes or attempts to remove a firearm, rifle, shotgun or weapon”); Ky.”
18 Pa. Cons. Stat. § 5104.1(a): 4 cases
Commonwealth v. Soto, 202 A.3d 80 (Pa. Super. Ct. 2018).
“18 Pa.C.S. § 5104.1(a). Instantly, the Commonwealth presented evidence that Appellant, while attempting to punch the officer, "continued to try and wrestle that [T]aser away from" Officer Epolito.”
Com. v. Coleman-Redd, I. (Pa. Super. Ct. 2022).
“Commonwealth’s Brief at 8 (citing 18 Pa.C.S. §§ 5104.1, 2701). The maximum sentences for these crimes are 7 years’ imprisonment and 2 years’ imprisonment, respectively.”
Com. v. Davenport, M. (Pa. Super. Ct. 2023).
“18 Pa. C.S. § 5104.1. -5- J-S32005-23 Here, Appellant acknowledges that he ignored Corporal Milore’s order to get out of the car and states that “there is conflicting testimony as to what ensued.”
Com. v. Owens, C. (Pa. Super. Ct. 2026).
“Appellant also argues that, considering the resisting arrest statute in pari materia with the statute immediately following it in the Crimes Code, that of “Disarming a Law Enforcement Officer,” 18 Pa.C.S. § 5104.1, supports his claim that a CO is not a “public servant” under the…”
18 Pa. Cons. Stat. § 5104.1(a)(1): 2 cases
Com. v. Davenport, M. (Pa. Super. Ct. 2023).
“18 Pa. C.S. § 5104.1. -5- J-S32005-23 Here, Appellant acknowledges that he ignored Corporal Milore’s order to get out of the car and states that “there is conflicting testimony as to what ensued.”
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