1 / 34

PENNSYLVANIA LAW

PENNSYLVANIA LAW. DEFINITIONS:. Bodily injury: impairment, pair, non life threatening Deadly weapon: loaded or unloaded firearm, capable of causing death of S.B.I. DEFINITIONS. Serious bodily injury: risk of death, permanent damage, loss of bodily function

rasul
Download Presentation

PENNSYLVANIA LAW

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PENNSYLVANIA LAW

  2. DEFINITIONS: • Bodily injury: impairment, pair, non life threatening • Deadly weapon: loaded or unloaded firearm, capable of causing death of S.B.I.

  3. DEFINITIONS • Serious bodily injury: risk of death, permanent damage, loss of bodily function • Serious provocation: conduct resulting in intense passion in a reasonable person

  4. 2501. Criminal Homicide • Causes death of someone: • Intentionally • Knowingly • Recklessly • Negligently

  5. Classification of Homicide • Murder • Voluntary Manslaughter • Involuntary Manslaughter

  6. Murder first degree • Intentional • Premeditation • Penalties: life without parole / death – lethal injection

  7. Murder second degree • Felony murder • Perpetration of felony: robbery,rape, deviate sexual intercourse by force or threat, arson, burglary, kidnapping

  8. Murder second degree Penalty: life without parole Death with agg. Circum.

  9. Murder third degree • All other murder • 40 years / $50,000 • Felony 1

  10. Definitions

  11. Fireman Volunteer or full time

  12. Hijacking Unlawful or unauthorized seizure by force or violence

  13. Intentional killing Poison, lying in wait, deliberate, premeditated

  14. Perpetration of a felony Robbery, arson, rape, burglary, kidnapping, deviate sexual intercourse by force or threat

  15. Voluntary Manslaughter • Kills with assumed legal justification • Sudden and intense passion • Felony 1

  16. Involuntary Manslaughter • Causing death by recklessness or negligence • M - 1 • Under 12 and death by custodian: F - 2

  17. Causing or Aiding Suicide • Causing: treated as a homicide if intentional • Aiding: successful F - 2; otherwise M - 2

  18. Drug Delivery Resulting Death • If person dies: murder 3 • administers, dispenses, gives • Act 64: 13(a), 14, 30 • Mand. 5/15,000

  19. Crimes against unborn child

  20. Abortion Clinically terminating a diagnosable pregnancy with death probable to fetus

  21. Unborn Child Individual organism from fertilization to birth

  22. Criminal Homicide of Unborn • Child: 2603 • Causes death intentionally, knowingly, recklessly or negligently: violates 2604, 2605

  23. Murder of Unborn Child • Same degrees and penalties as crimes code • First degree: maximum is life

  24. Voluntary Manslaughter of Unborn Child • Takes life without legal justification: Felony 1 • Time of murder: acting under sudden and intense passion resulting from serious provocation • Tries to kill mother but negligently

  25. Aggravated Assault of Unborn Child • Attempts serious bodily injury to unborn child intentionally, knowingly, or recklessly • Shows extreme indifference to life • Felony 1

  26. Non-liability and defenses

  27. Non - liability • Act committed during legal or illegal abortion • Medical tests • Pregnant woman - accidental

  28. Defenses • Amount of force used would be justified • Amount of forced used was justified

  29. Homicide by Vehicle • Recklessly or with gross negligence causes death of another person while operating a vehicle • Must violate a section of vehicle code or local ordinance and violation must cause death • F-3

  30. Homicide by Vehicle – while under influence • Unintentionally causes death of some-one while violating section 3731 and operating or in control of a vehicle • Must be found guilty of 3731 • F-2 • * mandatory minimum of 3 years per victim (maximum 10)

  31. Aggravated Assault by vehicle – DUI related • Negligently causes serious bodily injury to another resulting from 3731 violation • And is convicted of 3731 • F-2

  32. Driving Under the influence of alcohol or controlled substance • A PERSON SHALL NOT DRIVE, OP-ERATE OR BE IN ACTUAL PHYSI-CAL CONTROL OF A VEHICLE UN-DER THE FOL-LOWING CIRCUM-STANCES:

  33. DUI circumstances: • 1. While under the influence of alcohol to a degree which renders the person incapable of safe driving • 2. Under the influence of controlled sub-stance as defined in Act 64 to a degree which renders the person incapable of safe driving • 3. While under the combined influence of 1 and 2 which renders the person incapable of safe driv-ing

  34. DUI circumstances (con’t) 4. While the amount of alcohol by weight in the blood of: An adult: .08% or greater A minor: .02% or greater

More Related