(a) General rule.--An actor who uses force:
(1) in self-protection as provided in 18 Pa.C.S. § 505 (relating to use of force in self-protection);
(2) in the protection of other persons as provided in 18 Pa.C.S. § 506 (relating to use of force for the protection of other persons);
(3) for the protection of property as provided in 18 Pa.C.S. § 507 (relating to use of force for the protection of property);
(4) in law enforcement as provided in 18 Pa.C.S. § 508 (relating to use of force in law enforcement); or
(5) consistent with the actor's special responsibility for care, discipline or safety of others as provided in 18 Pa.C.S. § 509 (relating to use of force by persons with special responsibility for care, discipline or safety of others)
is justified in using such force and shall be immune from civil liability for personal injuries sustained by a perpetrator which were caused by the acts or omissions of the actor as a result of the use of force.
(b) Attorney fees and costs.--If the actor who satisfies the requirements of subsection (a) prevails in a civil action initiated by or on behalf of a perpetrator against the actor, the court shall award reasonable expenses to the actor. Reasonable expenses shall include, but not be limited to, attorney fees, expert witness fees, court costs and compensation for loss of income.
(c) Definition.--As used in this section, the term "perpetrator" shall mean a person against whom an actor is justified in using force as provided by 18 Pa.C.S. § 505, 506, 507, 508 or 509.
(June 28, 2011, P.L.48, No.10, eff. 60 days)
2011 Amendment. Act 10 added section 8340.2. See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 83 - Particular Rights and Immunities
Section 8302 - Survival action
Section 8303 - Action for performance of a duty required by law
Section 8304 - Damages in actions on bad checks
Section 8305 - Actions for wrongful birth and wrongful life
Section 8306 - Defense against claim for injury sustained in utero barred
Section 8308 - Damages in actions on retail theft
Section 8309 - Civil rights violations
Section 8310 - Damages in actions on thefts of leased property
Section 8311 - Damages in actions for conversion of timber
Section 8312 - Profits received as a result of commission of crime
Section 8313 - Agricultural crop destruction
Section 8314 - Assault with biological agent on animal, fowl or honey bees
Section 8315 - Damages in actions for identity theft
Section 8316 - Unauthorized use of name or likeness
Section 8316.1 - Damages in actions for unlawful dissemination of intimate image
Section 8316.2 - Contracts or agreements for nondisclosure of certain conduct
Section 8317 - Actions involving products or services used to invade privacy
Section 8318 - Terrorism action
Section 8320 - Commemorative service demonstration action
Section 8321 - Short title of subchapter
Section 8323 - Scope of subchapter
Section 8324 - Right of contribution
Section 8325 - Effect of judgment
Section 8326 - Effect of release as to other tort-feasors
Section 8327 - Liability to make contribution as affected by release
Section 8331 - Medical good Samaritan civil immunity
Section 8331.1 - Veterinary good Samaritan civil immunity
Section 8331.2 - Good Samaritan civil immunity for use of automated external defibrillator
Section 8331.3 - Criminal victim aid good Samaritan civil immunity
Section 8332 - Emergency response provider and bystander good Samaritan civil immunity
Section 8332.1 - Manager, coach, umpire or referee and nonprofit association negligence standard
Section 8332.2 - Officer, director or trustee of nonprofit organization negligence standard
Section 8332.3 - Volunteer firefighter civil immunity
Section 8332.4 - Volunteer-in-public-service negligence standard
Section 8332.5 - Corporate representatives
Section 8332.6 - Antidrug and town-watch volunteer civil immunity
Section 8332.7 - Immunity of State parole officers
Section 8332.8 - Immunity of county probation officers
Section 8333 - Body fluid and tissue limited civil immunity
Section 8334 - Civil immunity in mass immunization projects
Section 8335 - Damages for conversion of property of fluctuating value
Section 8337 - Civil immunity of school officers or employees relating to drug or alcohol abuse
Section 8338 - Liability for damages from donated food and grocery products
Section 8339 - Agricultural immunity
Section 8339.1 - Railroad civil immunity
Section 8340 - Immunity of program administrators and supervisors
Section 8340.2 - Civil immunity for use of force
Section 8340.3 - Rescue from motor vehicle
Section 8341 - Single publication limitation
Section 8342 - Justification a defense
Section 8343 - Burden of proof
Section 8344 - Malice or negligence necessary to support award of damages
Section 8345 - No liability when without power of censorship
Section 8351 - Wrongful use of civil proceedings
Section 8352 - Existence of probable cause
Section 8354 - Burden of proof
Section 8355 - Certification of pleadings, motions and other papers
Section 8368.1 - Legislative findings and declaration
Section 8368.4 - Fair market value
Section 8368.5 - Adjustment of fair market value
Section 8368.6 - Applicability and construction
Section 8371 - Actions on insurance policies
Section 8381 - Short title of subchapter
Section 8383 - Action to abate
Section 8385 - Service of original process
Section 8386 - Preliminary injunction
Section 8387 - Protection of witnesses
Section 8389 - Judgment and remedies
Section 8390 - Violation of injunctions or abatement order