Commonwealth v. Hagan

In Commonwealth v. Hagan, 44 D. & C. 4th 516 (Elk 2000), the common pleas court concluded that the exception in section 2121 of the Code, 34 Pa. C.S. 2121, violated article 1, section 1 of the Pennsylvania Constitution if applied solely to those who obtain their primary means of livelihood from cultivating their property and to preclude any other property owner from successfully asserting a "defense of property" exception. However, noting that a statute is to be liberally construed, where possible, to save it from constitutional infirmities, the common pleas court held that a reasonable interpretation of section 2121 was that, notwithstanding the limitations set forth in subsection 2121(c), all property owners are protected by a reasonable necessity exception to section 2307(a) of the Code if they present evidence establishing that they had reasonable necessity or justification for killing the animal.