Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 83 - Particular Rights and Immunities
Section 8340.2 - Civil immunity for use of force


(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

Extra - Chapter Notes

Section 8301 - Death action

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 8307 - Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child

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 8319 - Ecoterrorism

Section 8320 - Commemorative service demonstration action

Section 8321 - Short title of subchapter

Section 8322 - Definition

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 8336 - Civil immunity for assistance upon request in incidents involving the transportation of hazardous substances

Section 8337 - Civil immunity of school officers or employees relating to drug or alcohol abuse

Section 8337.1 - Civil immunity of school officers or employees relating to emergency care, first aid and rescue

Section 8338 - Liability for damages from donated food and grocery products

Section 8338.1 - Liability for damages from donated vehicles or equipment to volunteer fire companies

Section 8339 - Agricultural immunity

Section 8339.1 - Railroad civil immunity

Section 8340 - Immunity of program administrators and supervisors

Section 8340.1 - Employer immunity from liability for disclosure of information regarding former or current employees

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 8353 - Damages

Section 8354 - Burden of proof

Section 8355 - Certification of pleadings, motions and other papers

Section 8368.1 - Legislative findings and declaration

Section 8368.2 - Definitions

Section 8368.3 - Liability

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 8382 - Definitions

Section 8383 - Action to abate

Section 8384 - Complaint

Section 8385 - Service of original process

Section 8386 - Preliminary injunction

Section 8387 - Protection of witnesses

Section 8388 - Security

Section 8389 - Judgment and remedies

Section 8390 - Violation of injunctions or abatement order

Section 8391 - Release and cancellation

Section 8392 - Severability