§ 908.1 Use or possession of electric or electronic incapacitation device

(a) Offense defined.– Except as set forth in subsection (b), a person commits an offense if the person does any of the following:
(1) Uses an electric or electronic incapacitation device on another person for an unlawful purpose.
(2) Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.
(b) Self defense.–A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person’s property pursuant to Chapter 5 (relating to general principles of justification) if the electric or electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.
(c) Prohibited possession.–No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.
(d) Grading.–An offense under subsection (a) shall constitute a felony of the second degree if the actor acted with the intent to commit a felony. Otherwise any offense under this section is graded as a misdemeanor of the first degree.
(e) Exceptions.–Nothing in this section shall prohibit the possession or use by, or the sale or furnishing of any electric or electronic incapacitation device to, a law enforcement agency, peace officer, employee of a correctional institution, county jail or prison or detention center, the National Guard or reserves or a member of the National Guard or reserves for use in their official duties.
(f) Definition.–As used in this section, the term “electric or electronic incapacitation device” means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.

Credits
2002, Nov. 6, P.L. 1096, No. 132, § 2, effective in 60 days.

Offense Gravity Scores and Prior Record Score Points:

908.1 (a)(1) Use electric incapacitation device (intent to commit felony)   F-2    OGS=8    2 points

908.1 (a)(1) Use electric incapacitation device (no intent to commit felony)    M-1    OGS=5  1 point

908.1 (a)(2) Possess electric incapacitation device (intent to commit felony)    F-2    OGS=7    2 points

908.1 (a)(2) Possess electric incapacitation device (no intent to commit felony) M-1    OGS=4    1 points