Eleanor Finch
Pennsylvania's violent criminal offenses are all found within Title 18, Pennsylvania’s Crimes Code, and are spread out in various chapters. The actual Pennsylvania definition of a violent crime is behavior by a person or persons against another person or personal property with the main intent to threaten, attempt, or inflict physical harm. The seriousness of the violent crime and the punishment are determined by the severity of the injuries that the victim obtained. Homicide and manslaughter are the most serious violent crimes and may carry years of prison time and even execution as punishment. Other violent crimes include aggravated assault, domestic violence, and hate crimes.
| Characteristics | Values |
|---|---|
| Definition | Behavior by a person against another person or personal property with the main intent to threaten, attempt, or inflict physical harm |
| Seriousness of the crime | Determined by the severity of the injuries that the victim obtained |
| Factors affecting seriousness | Use of weapons, the criminal record of the perpetrator |
| Examples | Arson, aggravated assault & battery, domestic violence, hate crimes, homicide, kidnapping, human trafficking, sexual offenses, burglary, robbery, stalking, harassment, terrorism |
| Defenses | Self-defense, stand your ground law, castle doctrine |
| Domestic violence | Harassing phone calls, threatening manner, physical injury |
| Penalties | Fines, jail time, probation |
| Homicide | Most serious violent crime, may carry years of prison time or execution as punishment |
| Categories | Objective violent crime, violence that occurred to end the situation, passion, hate crime |
| Criminal attempt | Committing an act that constitutes a substantial step toward committing a crime |
| Criminal solicitation | Commanding, encouraging, or requesting another person to engage in conduct that would constitute a crime |
| Criminal conspiracy | Agreeing with another person to engage in conduct that would constitute a crime |
Explore related products
$30.87 $39.95
What You'll Learn
Homicide and manslaughter
Homicide is classified as murder if it is committed with 'malice', which refers to various bad mental states or attitudes of the person who kills. A killing is committed with malice if the accused acted with intent to kill, with intent to inflict serious bodily harm, or with such wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and lack of regard for social duty. Malice must be established beyond a reasonable doubt.
Manslaughter, on the other hand, is considered a 'lesser' crime than murder and is often described as an intermediate crime between murder and justifiable or excusable homicides. Manslaughter typically involves a slaying committed in a fit of rage or sudden and intense passion brought on by serious provocation or the victim's despicable or unlawful act. While the killing may be intentional, it is said to be without malice as it was committed in the heat of passion.
Pennsylvania recognizes different degrees of murder, with first-degree murder being the most serious and carrying the most severe consequences, including a mandatory life sentence or the death penalty. Second-degree murder occurs when a person is engaged in another felony, such as robbery, and their accomplice kills someone, even if they did not pull the trigger. Third-degree murder acts as a catch-all for criminal homicide not covered by the other degrees.
Involuntary manslaughter is the least severe criminal homicide charge and occurs when a person's reckless or grossly negligent acts unintentionally cause the death of another person. For example, a person driving under the influence who causes a car accident resulting in a victim's death may be charged with involuntary manslaughter. A conviction for involuntary manslaughter in Pennsylvania can result in up to five years in prison, with enhanced penalties if the victim is under 12 and in the care of the perpetrator.
The Ohio Constitution of 1851: What Was Banned?
You may want to see also
Hate crimes
In Pennsylvania, hate crimes are termed "ethnic intimidation" and are set forth in the crimes code, Title 18, Section 2710. A person commits the offense of ethnic intimidation if they act with malicious intention toward the actual or perceived race, colour, religion, national origin, ancestry, mental or physical disability, sexual orientation, gender, or gender identity of another individual or group of individuals. The offense must be committed under another provision of the crimes code, such as arson, criminal mischief, property destruction, criminal trespass, or harassment by communication or address.
The Pennsylvania State Police and local police departments charge and investigate criminal offenses that involve ethnic intimidation. If an incident is ongoing or has just occurred, individuals should call 911 immediately. If the incident has already occurred and there is no immediate danger, individuals should contact their local police. If no directly enforceable action can be taken by the police, individuals may bring a civil cause of action against the perpetrator, who may be liable for damages, including emotional distress and punitive damages.
It is important to note that hate crimes are a serious matter and can result in significant penalties, including prison time and fines. Pennsylvania's violent criminal offenses are found within Title 18 of the Crimes Code and include various chapters, such as assault, aggravated assault, robbery, burglary, and homicide. These offenses are considered violent crimes due to the element of violence or threat of bodily injury involved.
HIV Infection Classification: Criteria and System Explained
You may want to see also
Self-defence
In Pennsylvania, a violent crime is defined as behaviour by a person or persons against another person or personal property with the main intent to threaten, attempt, or inflict physical harm. The seriousness of the violent crime and the severity of the punishment are determined by the severity of the injuries sustained by the victim. If weapons were used, and if the accused has a criminal record, these facts may also affect the seriousness of the charge and the punishment.
- If someone is in the process of unlawfully entering your home, work, or occupied vehicle.
- If someone has unlawfully entered your home, work, or occupied vehicle.
- If someone tries to unlawfully remove you from your home, work, or occupied vehicle.
In Pennsylvania, the burden of proof in self-defence cases lies with the prosecution, which must show that the defendant did not act in self-defence. This grants further protection to individuals who are attacked and take potentially deadly measures against their assailants. However, this does not mean that individuals can take deadly measures against anyone who might assault them.
In Pennsylvania, violent criminal offences are found within Title 18, Pennsylvania's Crimes Code, and are spread out across various chapters. Some examples of violent crimes include arson, aggravated assault and battery, domestic violence, hate crimes, homicide, and manslaughter.
ß-Galactosidase Transcription: Inducible or Not?
You may want to see also
Explore related products
Crimes against unborn children
Pennsylvania defines a violent crime as behaviour by a person or persons against another person or personal property, intending to threaten, attempt, or inflict physical harm. Violent crimes in Pennsylvania encompass arson, aggravated assault and battery, domestic violence, hate crimes, homicide, and manslaughter.
Pennsylvania's Crimes Against the Unborn Child Law covers crimes committed against unborn children. This includes:
- Simple assault
- Aggravated assault
- Assault of a law enforcement officer
- Assaults by a prisoner
- Recklessly endangering another person
- Terroristic threats
- Propulsion of missiles
- Harassment
- Stalking
- Ethnic intimidation
- Assault on a sports official
- Weapons of mass destruction
- Terrorism
- Strangulation
- Kidnapping
- Human trafficking
- Sexual offenses
- Abortion
- Arson
- Burglary
- Robbery
- Robbery of a motor vehicle
- Endangering the welfare of children
- Riot
- Disorderly conduct
- Firearms and dangerous articles
The law also specifies that the term "victim" does not include the mother of the unborn child. It further outlines defences for crimes committed during any abortion or attempted abortion, whether lawful or unlawful, and with the pregnant woman's cooperation or consent. Additionally, it provides defences for the consensual or good-faith performance of medical practice, including medical procedures, diagnostic testing, therapeutic treatment, and the use of birth control methods.
The Crimes Against the Unborn Child Act classifies the murder of an unborn child as first-degree, second-degree, or third-degree murder, with corresponding sentences. For instance, a person convicted of third-degree murder of an unborn child shall be sentenced by the court to a term not exceeding 40 years.
Our Constitutional Rights: What Are We Entitled To?
You may want to see also
Kidnapping
In Pennsylvania, a person is guilty of kidnapping if they unlawfully remove another person a substantial distance under the circumstances from the place where they are found, or if they unlawfully confine another person for a substantial period in a place of isolation, with any of the following intentions:
- To hold for ransom or reward, or as a shield or hostage.
- To facilitate the commission of any felony or flight thereafter.
- To inflict bodily injury on or to terrorize the victim or another.
The actual Pennsylvania definition of a violent crime is behaviour by a person (or persons) against another person (or personal property) whose main intent is to threaten, attempt, or inflict physical harm. The seriousness of the violent crime and the possible punishment are determined by the severity of the injuries that the victim obtained. If weapons were used and if the alleged perpetrator has a past criminal record, these facts may also affect the seriousness of the charge and the punishment.
US Constitution: Blueprint for Court Systems?
You may want to see also
Frequently asked questions
A crime of violence in Pennsylvania is defined as behaviour by a person or persons against another person or personal property with the main intent to threaten, attempt, or inflict physical harm.
Violent crimes in Pennsylvania include arson, aggravated assault and battery, domestic violence, hate crimes, homicide, and kidnapping.
The consequences of a violent crime conviction in Pennsylvania can vary depending on the severity of the crime, the use of weapons, and the criminal record of the perpetrator. Penalties can include prison time, fines, and even execution in extreme cases, such as homicide.
