Pennsylvania Code
Title 101 - GENERAL ASSEMBLY
Part I - LEGISLATIVE REFERENCE BUREAU
Subpart C - LEGISLATIVE DRAFTING MANUAL
Chapter 19 - FORMS
Subchapter A - STRUCTURE AND STYLE OF STATUTES
STRUCTURE OF STATUTE
Section 19.16 - Section with minor subdivisions

Universal Citation: 101 PA Code ยง 19.16

Current through Register Vol. 54, No. 44, November 2, 2024

Section 15. Use of force in self-protection.

(a) When force justifiable.-The use of force upon or toward another person is justifiable when the actor believes that the force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(b) When force not justifiable.-The use of force is not justifiable under this section:

(1) to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful.

(2) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation does not apply under any of the following circumstances:
(i) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest.

(ii) The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 14.

(iii) The actor believes that such force is necessary to protect himself against death or serious bodily injury.

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