What is PA law concerning self defense in your home?

[fallenleader]

+1 to a lot of the above.
don't argue the subject because 98% of people will be against you. it's common sense, KNOW YOUR TARGET!

it could even be the police busting your door down because they FAILed and got the wrong house... who knows.
i've broken into my own houses many times.

we always had a joke with the developments, all the houses are "model homes" all the same shape, size, color. always said you'd come home from drinking completely wasted and end up in your neighbor's house because cant tell difference
<don't drink and drive> but it could be exactly that... drunk neighbor at wrong house trying to go to sleep, trying to break door down with a paving stone.
not long ago the record had a story about some drunk held at gunpoint from breaking into old peoples house, they didnt pull the trigger and i think he passed out on their floor.

what did he deserve?... well... no ones in prison, or dead. stupid but lucky.

[Dustin]

I found this forum after a Google search led me to this thread. It was exactly what I was looking for. What a great site!

If it came down to using lethal force on an intruder in your home, you have to be absolutely certain that you can prove your life was in danger. I have a close friend whose uncle has spend the last 20 years in prison because he shot and killed a man who broke into his house. He acted in self defense but could not prove that to a jury even though the intruder was carrying a gun. He could not prove he had no other options and was found guilty of murder. Sometimes the criminals have more rights than victims.

[DawnoftheDanes]

Can anyone help clarify what constitutes a "dwelling"? Does that also include the property surrounding your home? How about out-buildings? A neighbor's pitbull has forced its way into my home (through two fences and a door) and killed one of my animals. I called the police (State police in my area) who came out and told me I could not use force to protect my remaining animals, refused to take a report, returned the dog to its owner, and told me to call the dog warden. The owner of the dog threatened retribution. I am a single woman who lives alone in a rural area, and while armed, I am now concerned about the police's ability/willingness to protect me, my property, and my animals. Any thoughts?

[GunLawyer001]

From Title 18, the PA Crimes Code (this is not the same as the rules for using deadly force against human beings):

§ 5511. Cruelty to animals

(a) Killing, maiming or poisoning domestic animals or zoo animals, etc.--

(1) A person commits a misdemeanor of the second degree if he willfully and maliciously:

(i) Kills, maims or disfigures any domestic animal of another person or any domestic fowl of another person.

(ii) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any domestic animal of another person or domestic fowl of another person.

(iii) Harasses, annoys, injures, attempts to injure, molests or interferes with a dog guide for an individual who is blind, a hearing dog for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited.

Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $500.

(2) A person commits a felony of the third degree if he willfully and maliciously:

(i) Kills, maims or disfigures any zoo animal in captivity.

(ii) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any zoo animal in captivity.

(2.1) (i) A person commits a misdemeanor of the first degree if he willfully and maliciously:

(A) Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise. If a person kills, maims, mutilates, tortures or disfigures a dog guide for an individual who is blind, a hearing dog for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited, whether belonging to the individual or otherwise, that person, in addition to any other applicable penalty, shall be required to make reparations for veterinary costs in treating the dog and, if necessary, the cost of obtaining and training a replacement dog.

(B) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any dog or cat, whether belonging to himself or otherwise.

(ii) Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $1,000 or to imprisonment for not more than two years, or both. The court may also order a presentence mental evaluation. A subsequent conviction under this paragraph shall be a felony of the third degree. This paragraph shall apply to dogs and cats only.

(iii) The killing of a dog or cat by the owner of that animal is not malicious if it is accomplished in accordance with the act of December 22, 1983 (P.L. 303, No. 83), [FN1] referred to as the Animal Destruction Method Authorization Law.

(3) This subsection shall not apply to:

(i) the killing of any animal taken or found in the act of actually destroying any domestic animal or domestic fowl;

(ii) the killing of any animal or fowl pursuant to the act of June 3, 1937 (P.L. 1225, No. 316), [FN2] known as The Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring dogs public nuisances) and 2385 (relating to destruction of dogs declared public nuisances), or the regulations promulgated thereunder; or

(iii) such reasonable activity as may be undertaken in connection with vermin control or pest control.
. . . .

[DawnoftheDanes]

Sorry, me again. In further reading the posts on this site, I found the following law cited in a different thread:

Dog Attacks: It is legal to kill a dog that is pursuing or attacking a pet, a domesticated animal, or human. - Title 3, Chapter 8, Article V, Subsection 459-501. It is also legal to kill any dog that is chasing or attacking big game(turkey, bear, elk, deer) - Title 34, Chapter 23, Subchapter E, Section 2385

Does anyone know whether this applies to just my own property, or to anywhere in the Commonwealth?

[DawnoftheDanes]

Thanks so much for the reply, it is very much appreciated. But I'm now confused. Which statute has precedence? Title 18 (the one you posted) or Title 3 (the one I referenced)?