WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Pennsylvania law uses, what it actually means, and the misreading it usually collects.
41 terms
A
All party consent
The consent exception in the wiretap chapter: a person may intercept a wire, electronic or oral communication where all parties to it have given prior consent. Intercepting without it is a felony of the third degree.
Also called two party consent, wiretap act
The consent exception in the wiretap chapter: a person may intercept a wire, electronic or oral communication where all parties to it have given prior consent. Intercepting without it is a felony of the third degree.
What it is not
One party's consent is not enough.
Appeal to the court of common pleas
Either side's appeal of a residential judgment, taken within ten days.
Also called eviction appeal, supersedeas
Either side's appeal of a residential judgment, taken within ten days.
What it is not
The appeal alone does not stop an eviction. It does only if the tenant pays the judgment amount in cash or bond and pays rent into escrow as it comes due.
Assured clear distance ahead
The distance a driver has to be able to stop within; no one may drive faster than will allow stopping within it, or faster than is reasonable and prudent for the conditions.
Also called stopping distance
The distance a driver has to be able to stop within; no one may drive faster than will allow stopping within it, or faster than is reasonable and prudent for the conditions.
B
Best interest of the child
The standard every form of custody is decided by, giving substantial weighted consideration to the factors that affect the child's safety.
Also called custody factors
The standard every form of custody is decided by, giving substantial weighted consideration to the factors that affect the child's safety.
What it is not
No party receives a preference based on gender, and no single factor is by itself determinative.
C
Careless driving
Driving in careless disregard for the safety of persons or property, a summary offense.
Also called careless, reckless driving
Driving in careless disregard for the safety of persons or property, a summary offense.
What it is not
It is not reckless driving. The difference is the word before disregard: careless in one section, willful or wanton in the other.
Course of conduct
More than one act over a period of time, however short; harassment and stalking are both built on it.
Also called stalking, harassment
More than one act over a period of time, however short; harassment and stalking are both built on it.
What it is not
Neither section applies to constitutionally protected activity.
Criminal mischief
Intentionally damaging another's property, tampering with it so as to endanger people or property, causing a financial loss by deception or threat, or defacing it with graffiti.
Also called vandalism, graffiti, property damage
Intentionally damaging another's property, tampering with it so as to endanger people or property, causing a financial loss by deception or threat, or defacing it with graffiti.
D
Dangerous dog
A dog a district judge finds, beyond a reasonable doubt, inflicted severe injury on a person or killed or severely injured a domestic animal without provocation, attacked a person without provocation, was used in a crime, or has a history of unprovoked attacks.
Also called vicious dog
A dog a district judge finds, beyond a reasonable doubt, inflicted severe injury on a person or killed or severely injured a domestic animal without provocation, attacked a person without provocation, was used in a crime, or has a history of unprovoked attacks.
What it is not
The attack grounds do not apply when the person attacked was committing criminal trespass.
Deadly force
Force a peace officer is justified in using only when believed necessary to prevent death or serious bodily injury, or to prevent an arrest for a forcible felony from being defeated by resistance or escape.
Also called lethal force
Force a peace officer is justified in using only when believed necessary to prevent death or serious bodily injury, or to prevent an arrest for a forcible felony from being defeated by resistance or escape.
What it is not
An officer need not retreat from a lawful arrest because of resistance, but the wider justification for force in an arrest does not extend to deadly force.
Debt
Under the state collection act, a past due obligation for personal, family or household purposes, owed or said to be owed by a natural person residing in Pennsylvania.
Also called consumer debt, debt collector
Under the state collection act, a past due obligation for personal, family or household purposes, owed or said to be owed by a natural person residing in Pennsylvania.
What it is not
A purchase money mortgage on real estate is not one.
Deemed denied
What a records request becomes when the agency does not respond within five business days of the open records officer receiving it.
Also called no answer to records request
What a records request becomes when the agency does not respond within five business days of the open records officer receiving it.
What it is not
Silence is not the end of it: a deemed denial can be appealed to the Office of Open Records within 15 business days, the same as a written one.
Defiant trespass
Entering or staying where notice against trespass was given, a summary offense, or a misdemeanor of the third degree when the person defies an order to leave given in person by the owner or someone authorized.
Also called trespassing, told to leave
Entering or staying where notice against trespass was given, a summary offense, or a misdemeanor of the third degree when the person defies an order to leave given in person by the owner or someone authorized.
What it is not
Notice is not only a sign. Telling the person directly, fencing, and purple paint marks on trees or posts outside counties of the first and second class are notice too.
E
Equitable distribution
The court's division of marital property on request of either spouse, done equitably and without regard to marital misconduct, weighing the factors the section lists.
Also called dividing marital property
The court's division of marital property on request of either spouse, done equitably and without regard to marital misconduct, weighing the factors the section lists.
What it is not
Equitable is not the same as equal; the factors decide the shares.
Expungement
Removing a record. An acquittal of all charges is expunged automatically, and a summary offense may be expunged on petition after five years free of arrest or prosecution.
Also called clearing a record, erasing a record
Removing a record. An acquittal of all charges is expunged automatically, and a summary offense may be expunged on petition after five years free of arrest or prosecution.
F
False identification to law enforcement
Giving false information about one's identity after an officer in uniform, or one who has identified as an officer, has said the person is the subject of an official investigation, a misdemeanor of the third degree.
Also called false name, lying about identity
Giving false information about one's identity after an officer in uniform, or one who has identified as an officer, has said the person is the subject of an official investigation, a misdemeanor of the third degree.
What it is not
The offense is the false information, after that notice; the statute does not make declining to answer the offense.
Final wages
Wages earned by an employee who is separated from the payroll, quits or resigns, due not later than the next regular payday on which they would otherwise have been paid.
Also called last paycheck, final pay
Wages earned by an employee who is separated from the payroll, quits or resigns, due not later than the next regular payday on which they would otherwise have been paid.
Financial responsibility
The insurance a vehicle is required to carry. A registered owner is deemed to have consented to produce proof of it on a police officer's request.
Also called proof of insurance, car insurance
The insurance a vehicle is required to carry. A registered owner is deemed to have consented to produce proof of it on a police officer's request.
What it is not
Driving without it is not only a ticket: it is a summary offense with a fine of $300, besides a suspension.
Fleeing or eluding
Not stopping for a police officer's visual and audible signal to stop, a misdemeanor of the second degree with an additional fine of $500.
Also called running from police, police chase
Not stopping for a police officer's visual and audible signal to stop, a misdemeanor of the second degree with an additional fine of $500.
What it is not
It becomes a felony of the third degree while driving under the influence, crossing a state line, or endangering others in a high speed chase.
G
General impairment
The lowest DUI tier: an alcohol concentration of at least 0.08% but less than 0.10% within two hours after driving, or drinking enough to be incapable of driving safely.
Also called DUI, 0.08
The lowest DUI tier: an alcohol concentration of at least 0.08% but less than 0.10% within two hours after driving, or drinking enough to be incapable of driving safely.
What it is not
The tiers rise with the concentration: high rate from 0.10%, and highest rate at 0.16% or higher, each with minimum jail on a first offense.
I
Implied consent
The rule that a driver is deemed to have consented to breath or blood testing where an officer has reasonable grounds to believe the driver was driving under the influence. Refusing suspends the license for 12 months, or 18 with a prior.
Also called chemical test refusal, deemed consent
The rule that a driver is deemed to have consented to breath or blood testing where an officer has reasonable grounds to believe the driver was driving under the influence. Refusing suspends the license for 12 months, or 18 with a prior.
What it is not
Refusing a breath test does not avoid the highest penalties: it brings the highest tier's penalties on a conviction for general impairment.
Interactive mobile device
A device a driver may not use while driving, except to reach law enforcement or emergency services. Holding it with a hand, dialing with more than one button, or reaching for it out of the belted driving position is using it.
Also called phone while driving, hands free law
A device a driver may not use while driving, except to reach law enforcement or emergency services. Holding it with a hand, dialing with more than one button, or reaching for it out of the belted driving position is using it.
What it is not
Driving includes being temporarily stopped in traffic or at a light; it does not include pulling off the road where the vehicle can safely stay stopped.
Irretrievable breakdown
A divorce ground: the spouses have lived separate and apart for at least one year and the marriage is irretrievably broken.
Also called no fault divorce, separation
A divorce ground: the spouses have lived separate and apart for at least one year and the marriage is irretrievably broken.
What it is not
It is not the only no fault route. With mutual consent, 90 days after the action begins and each spouse's affidavit is enough.
L
License to carry firearms
The license covering carrying a firearm concealed or in a vehicle, for which a person 21 or older applies to the county sheriff, or in a city of the first class to the chief of police.
Also called LTCF, carry permit, concealed carry
The license covering carrying a firearm concealed or in a vehicle, for which a person 21 or older applies to the county sheriff, or in a city of the first class to the chief of police.
What it is not
Without one, carrying in any vehicle or concealed, outside one's home or fixed place of business, is a felony of the third degree, or a misdemeanor for someone otherwise eligible.
Limited access
A record disseminated only to a criminal justice agency, apart from the exceptions the law lists. Clean slate limits access to some records without a petition, after the waiting periods the law sets.
Also called clean slate, sealing
A record disseminated only to a criminal justice agency, apart from the exceptions the law lists. Clean slate limits access to some records without a petition, after the waiting periods the law sets.
What it is not
It is not expungement. The record still exists for criminal justice agencies.
Liquidated damages
An extra amount an employee may claim when wages stay unpaid for thirty days past the regular payday with no good faith dispute: twenty five percent of the wages due, or $500, whichever is greater.
Also called wage penalty
An extra amount an employee may claim when wages stay unpaid for thirty days past the regular payday with no good faith dispute: twenty five percent of the wages due, or $500, whichever is greater.
What it is not
A good faith dispute over the wages removes the claim to them.
M
Magisterial district judge
The court most people mean by small claims, which hears civil claims where the sum demanded is not more than $12,000, not counting interest and costs.
Also called small claims court, district justice
The court most people mean by small claims, which hears civil claims where the sum demanded is not more than $12,000, not counting interest and costs.
What it is not
A larger claim can be cut down to fit, but the waiver is revoked automatically if the defendant appeals.
Misdemeanor of the third degree
The lowest misdemeanor grade, punishable by up to 1 year in prison and a fine of up to $2,500.
Also called M3
The lowest misdemeanor grade, punishable by up to 1 year in prison and a fine of up to $2,500.
N
Notice to quit
The landlord's written notice to leave: ten days from service for rent not paid on demand, fifteen days at the end of a lease of a year or less, and thirty days for a lease of more than a year.
Also called notice to leave, eviction notice
The landlord's written notice to leave: ten days from service for rent not paid on demand, fifteen days at the end of a lease of a year or less, and thirty days for a lease of more than a year.
What it is not
The periods are not fixed against the lease. A lease can shorten the notice, or the tenant can waive it, if the lease provides for it.
O
Oral communication
A communication uttered by a person who expects it is not subject to interception, in circumstances that justify the expectation.
Also called private conversation
A communication uttered by a person who expects it is not subject to interception, in circumstances that justify the expectation.
What it is not
A conversation without that expectation is not an oral communication under the chapter.
P
Protection from abuse order
An order against abuse between family or household members, sexual or intimate partners, or people who share biological parenthood, for a fixed period of up to three years.
Also called PFA, restraining order, protective order
An order against abuse between family or household members, sexual or intimate partners, or people who share biological parenthood, for a fixed period of up to three years.
What it is not
Violating it can be charged as indirect criminal contempt, not only as a civil matter.
R
Reasonable suspicion
One of the grounds on which an officer may stop a vehicle to check registration, insurance or the license: reasonable suspicion that a Vehicle Code violation is occurring or has occurred. The other is a systematic program of checking vehicles or drivers.
Also called reason to stop
One of the grounds on which an officer may stop a vehicle to check registration, insurance or the license: reasonable suspicion that a Vehicle Code violation is occurring or has occurred. The other is a systematic program of checking vehicles or drivers.
Resisting arrest
Meaning to prevent a lawful arrest or another duty, creating a substantial risk of bodily injury or using means that justify or require substantial force to overcome, a misdemeanor of the second degree.
Also called resisting
Meaning to prevent a lawful arrest or another duty, creating a substantial risk of bodily injury or using means that justify or require substantial force to overcome, a misdemeanor of the second degree.
Retail theft
Theft from a store, graded by value and history: a first offense under $150 is a summary offense, and a third or later offense, or more than $1,000, is a felony of the third degree.
Also called shoplifting
Theft from a store, graded by value and history: a first offense under $150 is a summary offense, and a third or later offense, or more than $1,000, is a felony of the third degree.
What it is not
A peace officer or merchant with probable cause may detain a specific person in a reasonable manner for a reasonable time.
S
Security deposit
Money a landlord holds against damage or unpaid rent: no more than two months' rent in the first year of a lease, and one month's rent in the second and later years or a renewal.
Also called deposit, escrow deposit
Money a landlord holds against damage or unpaid rent: no more than two months' rent in the first year of a lease, and one month's rent in the second and later years or a renewal.
What it is not
It is not the landlord's to keep by default. Without a written list of damages within 30 days, the landlord forfeits all right to withhold any of it.
Simple assault
Attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another, or putting another in fear of imminent serious bodily injury by physical menace; generally a misdemeanor of the second degree.
Also called assault
Attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another, or putting another in fear of imminent serious bodily injury by physical menace; generally a misdemeanor of the second degree.
What it is not
In a fight entered into by mutual consent it is a misdemeanor of the third degree, one grade lower.
Small amount of marijuana
Thirty grams of marijuana or eight grams of hashish. Possessing a small amount only for personal use is a misdemeanor punishable by up to thirty days, a fine of up to $500, or both.
Also called marijuana, weed, 30 grams
Thirty grams of marijuana or eight grams of hashish. Possessing a small amount only for personal use is a misdemeanor punishable by up to thirty days, a fine of up to $500, or both.
Summary offense
The lowest grade of offense, punishable by not more than 90 days, with a fine of up to $300 unless a higher fine is set.
Also called summary citation, non traffic citation
The lowest grade of offense, punishable by not more than 90 days, with a fine of up to $300 unless a higher fine is set.
What it is not
It is still an offense on the record. A summary offense may be expunged on petition after five years free of arrest or prosecution.
T
Terroristic threats
Communicating, directly or indirectly, a threat to commit a crime of violence with intent to terrorize another, or to cause an evacuation or serious public inconvenience.
Also called threats, threatening
Communicating, directly or indirectly, a threat to commit a crime of violence with intent to terrorize another, or to cause an evacuation or serious public inconvenience.
What it is not
Communicating covers writing, phone, email and the internet as well as speaking in person.
U
Unfair Trade Practices and Consumer Protection Law
The law that makes unfair methods of competition and unfair or deceptive acts in trade or commerce unlawful, ending its list with a catchall for any other fraudulent or deceptive conduct likely to confuse.
Also called UTPCPL, consumer protection
The law that makes unfair methods of competition and unfair or deceptive acts in trade or commerce unlawful, ending its list with a catchall for any other fraudulent or deceptive conduct likely to confuse.
W
Willful misconduct
A reason for discharge or suspension, connected with the work, that makes a claimant ineligible for unemployment compensation for that week.
Also called fired for cause
A reason for discharge or suspension, connected with the work, that makes a claimant ineligible for unemployment compensation for that week.
What it is not
Quitting is judged differently: leaving without cause of a necessitous and compelling nature also makes a claimant ineligible.
Written list of damages
The list a landlord gives within 30 days after the lease ends, or after surrender and acceptance, of damages the tenant is said to owe, with payment of the rest of the deposit.
Also called itemized list, deposit deductions
The list a landlord gives within 30 days after the lease ends, or after surrender and acceptance, of damages the tenant is said to owe, with payment of the rest of the deposit.
What it is not
A tenant who gives no new address in writing when the lease ends relieves the landlord of liability under the section.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Pennsylvania attorney answers and a glossary cannot. Current as of September 2026.