CHAPTER 53
ABUSE OF OFFICE
Sec.
5301. Official oppression.
5302. Speculating or wagering on official action or information.
5303. Liability for reimbursement of costs for outside counsel.
Enactment. Chapter 53 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 53 is referred to in sections 17316, 17346 of Title 16 (Counties); section
5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities
and Quasi-Public Corporations).
§ 5301. Official oppression.
A person acting or purporting to act in an official capacity or taking advantage of
such actual or purported capacity commits a misdemeanor of the second degree if, knowing
that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession,
assessment, lien or other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power
or immunity.
Notes of Decisions
Cited in
62
cases (
19 in the last 5 years), 1976–2026 · leading case:
Commonwealth v. Wojdak, 466 A.2d 991 (Pa. 1983).
Commonwealth v. Wojdak, 466 A.2d 991 (Pa. 1983).
· cites it 4× “[1] The preliminary hearing court discharged appellees on charges of official oppression, 18 Pa.C.S. § 5301, and held them for trial on the remaining charges.”
Com. v. Wroten, C., 2021 Pa. Super. 124 (Pa. Super. Ct. 2021).
· cites it 2× “Under the relevant sub-section of the statutory definition of the offense: A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits [official oppression] if, knowing that his conduct is illegal, he . . .…”
Commonwealth v. Carbo, 822 A.2d 60 (Pa. Super. Ct. 2003).
· cites it 4× “§ 4702, and official oppression, 18 Pa.C.S. § 5301, and proceed to a second preliminary hearing, since those charges had been the subject of the writ of habeas corpus issued by the distinguished Judge William W.”
Commonwealth v. Baranyai, 419 A.2d 1368 (Pa. Super. Ct. 1981).
· cites it 4× “The crime of official oppression is defined by 18 Pa.C.S. § 5301. It is there provided: "A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct…”
Commonwealth v. Kelly, 369 A.2d 438 (Pa. Super. Ct. 1976).
· cites it 2× “334, § 1, 18 Pa.C.S. § 5301 (1973), provides: "A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he: "(1) subjects another to…”
Commonwealth v. Checca, 491 A.2d 1358 (Pa. 1985).
· cites it 2× “18 Pa.Cons.Stat. § 5301. This section is modeled after § 243.”
Commonwealth v. Murphy, 451 A.2d 514 (Pa. Super. Ct. 1982).
· cites it 2× “§ 2702; official oppression, 18 Pa.C.S. § 5301; and criminal conspiracy, 18 Pa.”
Commonwealth v. Dinicola, 797 A.2d 966 (Pa. Super. Ct. 2002).
· cites it 2× “§ 6301(a), and Official Oppression, 18 Pa.C.S. § 5301(1). The charges arose from an incident that occurred in October 1997.”
Wilson v. Marrow, 917 A.2d 357 (Pa. Commw. Ct. 2007).
“See 18 Pa.C.S. § 5301. Pennsylvania's official oppression statute does not give rise to a private cause of action.”
Commonwealth v. Manlin, 411 A.2d 532 (Pa. Super. Ct. 1979).
· cites it 2× “18 Pa.C.S. § 5301. The three Informations lodged against appellant alleged that he had subjected the inmates to “mistreatment.”
Commonwealth v. Eisemann, 419 A.2d 591 (Pa. Super. Ct. 1980).
“Miller subsequently prepared a criminal complaint against the mayor and members of council, charging them with the crime of official oppression in violation of 18 Pa.C.S. § 5301(2). 1 He alleged that the accused *545 defendants, knowing their conduct to be illegal, had denied…”
— 18 Pa. Cons. Stat. § 5301(1) — 8 cases
Com. v. Wroten, C., 2021 Pa. Super. 124 (Pa. Super. Ct. 2021).
“Under the relevant sub-section of the statutory definition of the offense: A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits [official oppression] if, knowing that his conduct is illegal, he . . .…”
Commonwealth v. Dinicola, 797 A.2d 966 (Pa. Super. Ct. 2002).
“§ 6301(a), and Official Oppression, 18 Pa.C.S. § 5301(1). The charges arose from an incident that occurred in October 1997.”
Commonwealth v. Baranyai, 419 A.2d 1368 (Pa. Super. Ct. 1981).
“The crime of official oppression is defined by 18 Pa.C.S. § 5301. It is there provided: "A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct…”
— 18 Pa. Cons. Stat. § 5301(2) — 3 cases
Commonwealth v. Eisemann, 419 A.2d 591 (Pa. Super. Ct. 1980).
“Miller subsequently prepared a criminal complaint against the mayor and members of council, charging them with the crime of official oppression in violation of 18 Pa.C.S. § 5301(2). 1 He alleged that the accused *545 defendants, knowing their conduct to be illegal, had denied…”
— 18 Pa. Cons. Stat. § 5301(a) — 1 case
— 18 Pa. Cons. Stat. § 5301(a)(2) — 1 case
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