§ 5122. Weapons or implements for escape.
(a) Offenses defined.--
(1) Except as provided under 61 Pa.C.S. § 5902(e.1) (relating to contraband prohibited),
a person commits a misdemeanor of the first degree if he unlawfully introduces within
a detention facility, correctional institution or mental hospital, or unlawfully provides
an inmate thereof with any weapon, tool, implement, or other thing which may be used
for escape.
(2) An inmate commits a misdemeanor of the first degree if he unlawfully procures, makes
or otherwise provides himself with, or unlawfully has in his possession or under his
control, any weapon, tool, implement or other thing which may be used for escape.
(3) (Deleted by amendment).
(b) Definitions.--
(1) As used in this section, the word "unlawfully" means surreptitiously or contrary to
law, regulation or order of the detaining authority.
(2) As used in this section, the word "weapon" means any implement readily capable of
lethal use and shall include any firearm, ammunition, knife, dagger, razor, other
cutting or stabbing implement or club, including any item which has been modified
or adopted so that it can be used as a firearm, ammunition, knife, dagger, razor,
other cutting or stabbing implement, or club. The word "firearm" includes an unloaded
firearm and the unassembled components of a firearm.
(Dec. 10, 1974, P.L.910, No.300, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60
days; Oct. 24, 2018, P.L.749, No.123, eff. 60 days)
2018 Amendment. Act 123 amended subsec. (a).
Cross References. Section 5122 is referred to in sections 6105, 9122.1, 9122.3 of this title; section
3513 of Title 61 (Prisons and Parole).
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1978–2022 · leading case:
Commonwealth v. Jacobs, 39 A.3d 977 (Pa. 2012).
Commonwealth v. Jacobs, 39 A.3d 977 (Pa. 2012).
· cites it 2× “The trial court agreed, recognizing that the maximum sentence for the attempted escape and conspiracy to commit escape is twenty-four months, and the maximum sentence for possessing implements of escape is sixty months.”
Commonwealth v. Valcarel, 94 A.3d 397 (Pa. Super. Ct. 2014).
· cites it 4× “Accordingly, we do not consider the availability of defense of others as a defense to 18 Pa.C.S. § 5122.”
Commonwealth v. Stanley, 401 A.2d 1166 (Pa. Super. Ct. 1979).
· cites it 2× “In these circumstances I cannot say that the evidence that appellant was a first degree murderer was harmless beyond a reasonable doubt.”
Commonwealth v. Gilliam, 417 A.2d 1203 (Pa. Super. Ct. 1980).
· cites it 2× “18 Pa.C.S. § 5122. 3 . Act of December 6, 1972, P.”
Commonwealth v. Crowley, 393 A.2d 789 (Pa. Super. Ct. 1978).
· cites it 2× “(3) An inmate commits a misdemeanor of the second degree if he unlawfully procures, makes or otherwise provides himself with, or unlawfully has in his possession or under his control, any tool, implement or other thing which may be used for escape.”
Commonwealth v. Rainey, 488 A.2d 34 (Pa. 1985).
· cites it 2× “This is made a misdemeanor by the provisions of 18 Pa.C.S. § 5122. 2 . Possession of weapons or implements for escape is a misdemeanor of the first degree.”
Commonwealth v. McGee, 744 A.2d 754 (Pa. 2000).
“On December 6, 1996, the Pennsylvania State Police charged McGee with possession of a weapon or implement of escape under Section 5122(a)(2) of the Crimes Code, 18 Pa. C.S. § 5122(a)(2). 1 A district magistrate conducted a preliminary hearing and held McGee for court pursuant to…”
Commonwealth v. Gardner, 384 A.2d 1318 (Pa. Super. Ct. 1978).
“The Crimes Code, supra; 18 Pa.C.S. § 5122. 5 . The Crimes Code, supra; 18 Pa.”
Commonwealth v. Jordan, 632 A.2d 325 (Pa. Super. Ct. 1993).
· cites it 3× “JOHNSON, Judge: A jury convicted Gregory Lee Jordan of one count each of inmate possessing any weapon and inmate possessing an implement for escape, 18 Pa.C.S. § 5122(a)(2) and (3). The Honorable Paul B.”
Commonwealth v. Gardner, 422 A.2d 832 (Pa. Super. Ct. 1980).
“18 Pa.C.S. § 5122. . Although Appellant is represented by new counsel in this appeal, both trial counsel and appellate counsel are members of the Montgomery County Public Defender’s office.”
Commonwealth v. Banner, 440 A.2d 1389 (Pa. Super. Ct. 1982).
“18 Pa.C.S. § 5122. 5 . Appellant included in his argument the assertion that the four-month delay between commission of the crime and filing of a written *90 complaint should militate against granting the extension.”
Com. v. Jones, J. (Pa. Super. Ct. 2016).
“1 18 Pa.C.S. § 5122(a)(2). 2 18 Pa.C.S. § 908(a).”
— 18 Pa. Cons. Stat. § 5122(3) — 1 case
— 18 Pa. Cons. Stat. § 5122(a)(2) — 7 cases
Commonwealth v. Jacobs, 39 A.3d 977 (Pa. 2012).
“The trial court agreed, recognizing that the maximum sentence for the attempted escape and conspiracy to commit escape is twenty-four months, and the maximum sentence for possessing implements of escape is sixty months.”
Commonwealth v. Valcarel, 94 A.3d 397 (Pa. Super. Ct. 2014).
“Accordingly, we do not consider the availability of defense of others as a defense to 18 Pa.C.S. § 5122.”
Commonwealth v. McGee, 744 A.2d 754 (Pa. 2000).
“On December 6, 1996, the Pennsylvania State Police charged McGee with possession of a weapon or implement of escape under Section 5122(a)(2) of the Crimes Code, 18 Pa. C.S. § 5122(a)(2). 1 A district magistrate conducted a preliminary hearing and held McGee for court pursuant to…”
Commonwealth v. Rainey, 488 A.2d 34 (Pa. 1985).
“This is made a misdemeanor by the provisions of 18 Pa.C.S. § 5122. 2 . Possession of weapons or implements for escape is a misdemeanor of the first degree.”
Commonwealth v. Jordan, 632 A.2d 325 (Pa. Super. Ct. 1993).
“JOHNSON, Judge: A jury convicted Gregory Lee Jordan of one count each of inmate possessing any weapon and inmate possessing an implement for escape, 18 Pa.C.S. § 5122(a)(2) and (3). The Honorable Paul B.”
— 18 Pa. Cons. Stat. § 5122(a)(3) — 1 case
Commonwealth v. Jordan, 632 A.2d 325 (Pa. Super. Ct. 1993).
“JOHNSON, Judge: A jury convicted Gregory Lee Jordan of one count each of inmate possessing any weapon and inmate possessing an implement for escape, 18 Pa.C.S. § 5122(a)(2) and (3). The Honorable Paul B.”
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treatment. Dots show Syfertize treatment of the citing case itself.