Pennsylvania § 2701 Simple assault

Pennsylvania Statutes

§ 2701 — Simple assault

Pennsylvania·Title 18 CRIMES AND OFFENSES·Part PART II·Ch. 27 ASSAULT

(a)Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:

(1)attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;

(2)negligently causes bodily injury to another with a deadly weapon;

(3)attempts by physical menace to put another in fear of imminent serious bodily injury; or

(4)conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.

(b)Grading.--Simple assault is a misdemeanor of the second degree unless committed:

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(a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:

(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;

(2) negligently causes bodily injury to another with a deadly weapon;

(3) attempts by physical menace to put another in fear of imminent serious bodily injury; or

(4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.

(b) Grading.--Simple assault is a misdemeanor of the second degree unless committed:

(1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or

(2) against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.

Pennsylvania § 2701 (Simple assault) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; June 22, 2001, P.L.605, No.48, eff. 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. Jan. 1, 2014) 2013 Amendment.Act 118 amended subsecs. (a) and (b)(2). Cross References.Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; sections 5329, 6711 of Title 23 (Domestic Relations); sections 5920, 9720.8, 9774.1 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice); sections 4503, 4601 of Title 61 (Prisons and Parole).