T. 18 Pa.C.S.A., Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. I, Ch. 1, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions
MODEL PENAL CODE
<Table of Jurisdictions Wherein Code Has Been Adopted>
<For text of Uniform Act, and variation notes and annotation materials for
adopting jurisdictions, see Uniform Laws Annotated, Master Edition, Volume
10A.>
Jurisdiction LawsEffective Date Statutory Citation
New Jersey 1978, c. 95 9-1-1979 N.J.S.A. 2C:1-1 to
2C:98-4.
Pennsylvania 1972, No. 334 6-6-1973 18 Pa.C.S.A. s 101 et
seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 101
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 101. Short title of title
This title shall be known and may be cited as the "Crimes Code."
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 102
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 102. Territorial applicability
(a) General rule.--Except as otherwise provided in this section, a person may be
convicted under the law of this Commonwealth of an offense committed by his own
conduct or the conduct of another for which he is legally accountable if either:
(1) the conduct which is an element of the offense or the result which is such
an element occurs within this Commonwealth;
(2) conduct occurring outside this Commonwealth is sufficient under the law of
this Commonwealth to constitute an attempt to commit an offense within this
Commonwealth;
(3) conduct occurring outside this Commonwealth is sufficient under the law of
this Commonwealth to constitute a conspiracy to commit an offense within this
Commonwealth and an overt act in furtherance of such conspiracy occurs within
this Commonwealth;
(4) conduct occurring within this Commonwealth establishes complicity in the
commission of, or an attempt, solicitation or conspiracy to commit, an offense
in another jurisdiction which also is an offense under the law of this
Commonwealth;
(5) the offense consists of the omission to perform a legal duty imposed by the
law of this Commonwealth with respect to domicile, residence or a relationship
to a person, thing or transaction in this Commonwealth; or
(6) the offense is based on a statute of this Commonwealth which expressly
prohibits conduct outside this Commonwealth when the conduct bears a reasonable
relation to a legitimate interest of this Commonwealth and the actor knows or
should know that his conduct is likely to affect that interest.
(b) Exception.--Paragraph (a)(1) of this section does not apply when causing a
particular result is an element of an offense and the result is caused by conduct
occurring outside this Commonwealth which would not constitute an offense if the
result had occurred there, unless the actor intentionally or knowingly caused the
result within this Commonwealth.
Homicide.--When the offense is homicide or homicide of an unborn child, either
the death of the victim, including an unborn child, or the bodily impact causing
death constitutes a "result" within the meaning of paragraph (a)(1) of this
section, and if the body of a homicide victim, including an unborn child, is found
within this Commonwealth, it is presumed that such result occurred within this
Commonwealth.
(d) Air space.--This Commonwealth includes the land and water and the air space
above such land and water with respect to which the Commonwealth has legislative
jurisdiction.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1997, Oct.
2, P.L. 379, No. 44, s 1, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 103
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 103. Definitions
Subject to additional definitions contained in subsequent provisions of this title
which are applicable to specific provisions of this part, the following words and
phrases when used in this title shall have, unless the context clearly indicates
otherwise, the meanings given to them in this section:
"Act" or "action." A bodily movement whether voluntary or involuntary.
"Actor." Includes, where relevant, a person guilty of an omission.
"Acted." Includes, where relevant, "omitted to act."
"Cohabit." To live together under the representation or appearance of being
married.
"Conduct." An action or omission and its accompanying state of mind, or, where
relevant, a series of acts and omissions.
"Court." Includes (when exercising criminal or quasi-criminal jurisdiction
pursuant to 42 Pa.C.S. s 1515 (relating to jurisdiction and venue)) a magisterial
district judge.
"Element of an offense." Such conduct or such attendant circumstances or such a
result of conduct as:
(1) is included in the description of the forbidden conduct in the definition of
the offense;
(2) establishes the required kind of culpability;
(3) negatives an excuse or justification for such conduct;
(4) negatives a defense under the statute of limitation; or
(5) establishes jurisdiction or venue.
"Fiduciary." Includes trustee, guardian, executor, administrator, receiver and
any person carrying on fiduciary functions on behalf of a corporation or other
organization which is a fiduciary.
"Intentionally." The meaning specified in section 302 of this title (relating to
general requirements of culpability) and equivalent terms such as "with intent,"
"designed" or "with design" have the same meaning.
"Judge." Includes (when exercising criminal or quasi-criminal jurisdiction
pursuant to 42 Pa.C.S. s 1515 (relating to jurisdiction and venue)) a magisterial
district judge.
"Knowingly." The meaning specified in section 302 of this title (relating to
general requirements of culpability) and equivalent terms such as "knowing" or
"with knowledge" have the same meaning.
"Material element of an offense." An element that does not relate exclusively to
the statute of limitations, jurisdiction, venue or to any other matter similarly
unconnected with:
(1) the harm or evil incident to conduct, sought to be prevented by the law
defining the offense; or
(2) the existence of a justification or excuse for such conduct.
"Negligently." The meaning specified in section 302 of this title (relating to
general requirements of culpability) and equivalent terms such as "negligence" or
"with negligence" have the same meaning.
"Omission." A failure to act.
"Police officer." The term shall include the sheriff of a county of the second
class and deputy sheriffs of a county of the second class who have successfully
completed the requirements under the act of June 18, 1974 (P.L. 359, No. 120),
referred to as the Municipal Police Education and Training Law. [FN1]
"Purposely" or "with purpose." Intentionally.
"Reasonably believes" or "reasonable belief." A belief which the actor is not
reckless or negligent in holding.
"Recklessly." The meaning specified in section 302 of this title (relating to
general requirements of culpability) and equivalent terms such as "recklessness"
or "with recklessness" have the same meaning.
"Statute." Includes the Constitution of Pennsylvania and a local law or ordinance
of a political subdivision.
"Whoever." Includes any person.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1978,
April 28, P.L. 202, No. 53, s 7(1), effective June 27, 1978; 1995, Nov. 22, P.L.
621, No. 66, s 1, effective in 60 days; 2004, Nov. 30, P.L. 1618, No. 207, s 1,
effective Jan. 31, 2005.
[FN1] 53 P.S. s 740 et seq. (repealed).
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 104. Purposes
The general purposes of this title are:
(1) To forbid and prevent conduct that unjustifiably inflicts or threatens
substantial harm to individual or public interest.
(2) To safeguard conduct that is without fault from condemnation as criminal.
(3) To safeguard offenders against excessive, disproportionate or arbitrary
punishment.
(4) To give fair warning of the nature of the conduct declared to constitute an
offense, and of the sentences that may be imposed on conviction of an offense.
(5) To differentiate on reasonable grounds between serious and minor offenses,
and to differentiate among offenders with a view to a just individualization in
their treatment.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 105
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 105. Principles of construction
The provisions of this title shall be construed according to the fair import of
their terms but when the language is susceptible of differing constructions it
shall be interpreted to further the general purposes stated in this title and the
special purposes of the particular provision involved. The discretionary powers
conferred by this title shall be exercised in accordance with the criteria stated
in this title and, in so far as such criteria are not decisive, to further the
general purposes stated in this title.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 106
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 106. Classes of offenses
(a) General rule.--An offense defined by this title for which a sentence of death
or of imprisonment is authorized constitutes a crime. The classes of crime are:
(1) Murder of the first degree, of the second degree or of the third degree,
first degree murder of an unborn child, second degree murder of an unborn child
or third degree murder of an unborn child.
(2) Felony of the first degree.
(3) Felony of the second degree.
(4) Felony of the third degree.
(5) Misdemeanor of the first degree.
(6) Misdemeanor of the second degree.
(7) Misdemeanor of the third degree.
(b) Classification of crimes.--
(1) A crime is a murder of the first degree, of the second degree or of the
third degree if it is so designated in this title or if a person convicted of
criminal homicide may be sentenced in accordance with the provisions of section
1102 (relating to sentence for murder and murder of an unborn child). A crime
is first degree murder of an unborn child, second degree murder of an unborn
child or third degree murder of an unborn child if it is so designated in this
title or if a person convicted of criminal homicide of an unborn child may be
sentenced in accordance with the provisions of section 1102.
(2) A crime is a felony of the first degree if it is so designated in this title
or if a person convicted thereof may be sentenced to a term of imprisonment, the
maximum of which is more than ten years.
(3) A crime is a felony of the second degree if it is so designated in this
title or if a person convicted thereof may be sentenced to a term of
imprisonment, the maximum of which is not more than ten years.
(4) A crime is a felony of the third degree if it is so designated in this title
or if a person convicted thereof may be sentenced to a term of imprisonment, the
maximum of which is not more than seven years.
(5) A crime declared to be a felony, without specification of degree, is of the
third degree.
(6) A crime is a misdemeanor of the first degree if it is so designated in this
title or if a person convicted thereof may be sentenced to a term of
imprisonment, the maximum of which is not more than five years.
(7) A crime is a misdemeanor of the second degree if it is so designated in this
title or if a person convicted thereof may be sentenced to a term of
imprisonment, the maximum of which is not more than two years.
(8) A crime is a misdemeanor of the third degree if it is so designated in this
title or if a person convicted thereof may be sentenced to a term of
imprisonment, the maximum of which is not more than one year.
(9) A crime declared to be a misdemeanor, without specification of degree, is of
the third degree.
Summary offenses.--An offense defined by this title constitutes a summary
offense if:
(1) it is so designated in this title, or in a statute other than this title;
or
(2) if a person convicted thereof may be sentenced to a term of imprisonment,
the maximum of which is not more than 90 days.
(d) Other crimes.--Any offense declared by law to constitute a crime, without
specification of the class thereof, is a misdemeanor of the second degree, if the
maximum sentence does not make it a felony under this section.
(e) Section applicable to other statutes.--An offense hereafter defined by any
statute other than this title shall be classified as provided in this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974,
March 26, P.L. 213, No. 46, s 1, imd. effective; 1997, Oct. 2, P.L. 379, No. 44,
s 1, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 107
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 107. Application of preliminary provisions
(a) General rule.--The provisions of Part I of this title (relating to preliminary
provisions) are applicable to offenses defined by this title or by any other
statute.
(b) Common law crimes abolished.--No conduct constitutes a crime unless it is a
crime under this title or another statute of this Commonwealth.
Exceptions.--This section does not affect the power of a court to declare
forfeitures or to punish for contempt or to employ any sanction authorized by law
for the enforcement of an order or a civil judgment or decree, nor does it bar,
suspend, or otherwise affect any right of liability to damages, penalty,
forfeiture or other remedy authorized by law to be recovered or enforced in a
civil action, regardless of whether the conduct involved in such civil action or
matter constitutes an offense defined in this title.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 108
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 108. Time limitations
(a) General rule.--Except as set forth in subsection (b), a prosecution for any
offense under this title must be commenced within the period, if any, limited by
Chapter 55 of Title 42 (relating to limitation of time).
(b) Offenses against unborn child.--
(1) A prosecution for criminal homicide of an unborn child may be commenced at
any time.
(2) A prosecution for an offense under section 2606 (relating to aggravated
assault of unborn child) must be commenced within five years after it is
committed.
CREDIT(S)
1976, July 9, P.L. 586, No. 142, s 4(b), effective June 27, 1978. Amended 1997,
Oct. 2, P.L. 379, No. 44, s 1, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 109
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 109. When prosecution barred by former prosecution for the same
offense
When a prosecution is for a violation of the same provision of the statutes and is
based upon the same facts as a former prosecution, it is barred by such former
prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal. There is an acquittal if
the prosecution resulted in a finding of not guilty by the trier of fact or in a
determination that there was insufficient evidence to warrant a conviction. A
finding of guilty of a lesser included offense is an acquittal of the greater
inclusive offense, although the conviction is subsequently set aside.
(2) The former prosecution was terminated, after the indictment had been found,
by a final order or judgment for the defendant, which has not been set aside,
reversed, or vacated and which necessarily required a determination inconsistent
with a fact or a legal proposition that must be established for conviction of
the offense.
(3) The former prosecution resulted in a conviction. There is a conviction if
the prosecution resulted in a judgment of conviction which has not been reversed
or vacated, a verdict of guilty which has not been set aside and which is
capable of supporting a judgment, or a plea of guilty accepted by the court. In
the latter two cases failure to enter judgment must be for a reason other than a
motion of the defendant.
(4) The former prosecution was improperly terminated after the first witness was
sworn but before a verdict, or after a plea of guilty was accepted by the court.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 110
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 110. When prosecution barred by former prosecution for different
offense
Although a prosecution is for a violation of a different provision of the statutes
than a former prosecution or is based on different facts, it is barred by such
former prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal or in a conviction as
defined in section 109 of this title (relating to when prosecution barred by
former prosecution for the same offense) and the subsequent prosecution is for:
(i) any offense of which the defendant could have been convicted on the first
prosecution;
(ii) any offense based on the same conduct or arising from the same criminal
episode, if such offense was known to the appropriate prosecuting officer at
the time of the commencement of the first trial and occurred within the same
judicial district as the former prosecution unless the court ordered a separate
trial of the charge of such offense; or
(iii) the same conduct, unless:
(A) the offense of which the defendant was formerly convicted or acquitted
and the offense for which he is subsequently prosecuted each requires proof
of a fact not required by the other and the law defining each of such
offenses is intended to prevent a substantially different harm or evil; or
(B) the second offense was not consummated when the former trial began.
(2) The former prosecution was terminated, after the indictment was found, by an
acquittal or by a final order or judgment for the defendant which has not been
set aside, reversed or vacated and which acquittal, final order or judgment
necessarily required a determination inconsistent with a fact which must be
established for conviction of the second offense.
(3) The former prosecution was improperly terminated, as improper termination is
defined in section 109 of this title (relating to when prosecution barred by
former prosecution for the same offense) and the subsequent prosecution is for
an offense of which the defendant could have been convicted had the former
prosecution not been improperly terminated.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2002, June
28, P.L. 481, No. 82, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 111
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 111. When prosecution barred by former prosecution in another
jurisdiction
When conduct constitutes an offense within the concurrent jurisdiction of this
Commonwealth and of the United States or another state, a prosecution in any such
other jurisdiction is a bar to a subsequent prosecution in this Commonwealth under
the following circumstances:
(1) The first prosecution resulted in an acquittal or in a conviction as defined
in section 109 of this title (relating to when prosecution barred by former
prosecution for same offense) and the subsequent prosecution is based on the
same conduct unless:
(i) the offense of which the defendant was formerly convicted or acquitted and
the offense for which he is subsequently prosecuted each requires proof of a
fact not required by the other and the law defining each of such offenses is
intended to prevent a substantially different harm or evil; or
(ii) the second offense was not consummated when the former trial began.
(2) The former prosecution was terminated, after the indictment was found, by an
acquittal or by a final order or judgment for the defendant which has not been
set aside, reversed or vacated and which acquittal, final order or judgment
necessarily required a determination inconsistent with a fact which must be
established for conviction of the offense of which the defendant is subsequently
prosecuted.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 112
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 1. General Provisions (Refs & Annos)
>>>> s 112. Former prosecution before court lacking jurisdiction or when
fraudulently procured by the defendant
A prosecution is not a bar within the meaning of section 109 of this title
(relating to when prosecution barred by former prosecution for same the offense)
through section 111 of this title (relating to when prosecution barred by former
prosecution in another jurisdiction) under any of the following circumstances:
(1) The former prosecution was before a court which lacked jurisdiction over the
defendant or the offense.
(2) The former prosecution was procured by the defendant without the knowledge
of the appropriate prosecuting officer and with the purpose of avoiding the
sentence which might otherwise be imposed.
(3) The former prosecution resulted in a judgment of conviction which was held
invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis or
similar process.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. I, Ch. 3, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 301
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 301. Requirement of voluntary act
(a) General rule.--A person is not guilty of an offense unless his liability is
based on conduct which includes a voluntary act or the omission to perform an act
of which he is physically capable.
(b) Omission as basis of liability.--Liability for the commission of an offense
may not be based on an omission unaccompanied by action unless:
(1) the omission is expressly made sufficient by the law defining the offense;
or
(2) a duty to perform the omitted act is otherwise imposed by law.
Possession as an act.--Possession is an act, within the meaning of this
section, if the possessor knowingly procured or received the thing possessed or
was aware of his control thereof for a sufficient period to have been able to
terminate his possession.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 302
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 302. General requirements of culpability
(a) Minimum requirements of culpability.--Except as provided in section 305 of
this title (relating to limitations on scope of culpability requirements), a
person is not guilty of an offense unless he acted intentionally, knowingly,
recklessly or negligently, as the law may require, with respect to each material
element of the offense.
(b) Kinds of culpability defined.--
(1) A person acts intentionally with respect to a material element of an offense
when:
(i) if the element involves the nature of his conduct or a result thereof, it
is his conscious object to engage in conduct of that nature or to cause such a
result; and
(ii) if the element involves the attendant circumstances, he is aware of the
existence of such circumstances or he believes or hopes that they exist.
(2) A person acts knowingly with respect to a material element of an offense
when:
(i) if the element involves the nature of his conduct or the attendant
circumstances, he is aware that his conduct is of that nature or that such
circumstances exist; and
(ii) if the element involves a result of his conduct, he is aware that it is
practically certain that his conduct will cause such a result.
(3) A person acts recklessly with respect to a material element of an offense
when he consciously disregards a substantial and unjustifiable risk that the
material element exists or will result from his conduct. The risk must be of
such a nature and degree that, considering the nature and intent of the actor's
conduct and the circumstances known to him, its disregard involves a gross
deviation from the standard of conduct that a reasonable person would observe in
the actor's situation.
(4) A person acts negligently with respect to a material element of an offense
when he should be aware of a substantial and unjustifiable risk that the
material element exists or will result from his conduct. The risk must be of
such a nature and degree that the actor's failure to perceive it, considering
the nature and intent of his conduct and the circumstances known to him,
involves a gross deviation from the standard of care that a reasonable person
would observe in the actor's situation.
Culpability required unless otherwise provided.--When the culpability
sufficient to establish a material element of an offense is not prescribed by law,
such element is established if a person acts intentionally, knowingly or
recklessly with respect thereto.
(d) Prescribed culpability requirement applies to all material elements.--When the
law defining an offense prescribes the kind of culpability that is sufficient for
the commission of an offense, without distinguishing among the material elements
thereof, such provision shall apply to all the material elements of the offense,
unless a contrary purpose plainly appears.
(e) Substitutes for negligence, recklessness and knowledge.--When the law provides
that negligence suffices to establish an element of an offense, such element also
is established if a person acts intentionally or knowingly. When acting knowingly
suffices to establish an element, such element also is established if a person
acts intentionally.
(f) Requirement of intent satisfied if intent is conditional.--When a particular
intent is an element of an offense, the element is established although such
intent is conditional, unless the condition negatives the harm or evil sought to
be prevented by the law defining the offense.
(g) Requirement of willfulness satisfied by acting knowingly.--A requirement that
an offense be committed willfully is satisfied if a person acts knowingly with
respect to the material elements of the offense, unless a purpose to impose
further requirements appears.
(h) Culpability as to illegality of conduct.--Neither knowledge nor recklessness
or negligence as to whether conduct constitutes an offense or as to the existence,
meaning or application of the law determining the elements of an offense is an
element of such offense, unless the definition of the offense or this title so
provides.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 303
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 303. Causal relationship between conduct and result
(a) General rule.--Conduct is the cause of a result when:
(1) it is an antecedent but for which the result in question would not have
occurred; and
(2) the relationship between the conduct and result satisfies any additional
causal requirements imposed by this title or by the law defining the offense.
(b) Divergence between result designed or contemplated and actual result.--When
intentionally or knowingly causing a particular result is an element of an
offense, the element is not established if the actual result is not within the
intent or the contemplation of the actor unless:
(1) the actual result differs from that designed or contemplated as the case may
be, only in the respect that a different person or different property is injured
or affected or that the injury or harm designed or contemplated would have been
more serious or more extensive than that caused; or
(2) the actual result involves the same kind of injury or harm as that designed
or contemplated and is not too remote or accidental in its occurrence to have a
bearing on the actor's liability or on the gravity of his offense.
Divergence between probable and actual result.--When recklessly or negligently
causing a particular result is an element of an offense, the element is not
established if the actual result is not within the risk of which the actor is
aware or, in the case of negligence, of which he should be aware unless:
(1) the actual result differs from the probable result only in the respect that
a different person or different property is injured or affected or that the
probable injury or harm would have been more serious or more extensive than that
caused; or
(2) the actual result involves the same kind of injury or harm as the probable
result and is not too remote or accidental in its occurrence to have a bearing
on the liability of the actor or on the gravity of his offense.
(d) Absolute liability.--When causing a particular result is a material element of
an offense for which absolute liability is imposed by law, the element is not
established unless the actual result is a probable consequence of the conduct of
the actor.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 304
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 304. Ignorance or mistake
Ignorance or mistake as to a matter of fact, for which there is reasonable
explanation or excuse, is a defense if:
(1) the ignorance or mistake negatives the intent, knowledge, belief,
recklessness, or negligence required to establish a material element of the
offense; or
(2) the law provides that the state of mind established by such ignorance or
mistake constitutes a defense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 305
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 305. Limitations on scope of culpability requirements
(a) When culpability requirements are inapplicable to summary offenses and to
offenses defined by other statutes.--The requirements of culpability prescribed by
section 301 of this title (relating to requirement of voluntary act) and section
302 of this title (relating to general requirements of culpability) do not apply
to:
(1) summary offenses, unless the requirement involved is included in the
definition of the offense or the court determines that its application is
consistent with effective enforcement of the law defining the offense; or
(2) offenses defined by statutes other than this title, in so far as a
legislative purpose to impose absolute liability for such offenses or with
respect to any material element thereof plainly appears.
(b) Effect of absolute liability in reducing grade of offense to summary
offense.--Notwithstanding any other provision of existing law and unless a
subsequent statute otherwise provides:
(1) when absolute liability is imposed with respect to any material element of
an offense defined by a statute other than this title and a conviction is based
upon such liability, the offense constitutes a summary offense; and
(2) although absolute liability is imposed by law with respect to one or more of
the material elements of an offense defined by a statute other than this title,
the culpable commission of the offense may be charged and proved, in which event
negligence with respect to such elements constitutes sufficient culpability and
the classification of the offense and the sentence that may be imposed therefor
upon conviction are determined by section 106 of this title (relating to classes
of offenses) and Chapter 11 of this title (relating to authorized disposition of
offenders).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 306
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 306. Liability for conduct of another; complicity
(a) General rule.--A person is guilty of an offense if it is committed by his own
conduct or by the conduct of another person for which he is legally accountable,
or both.
(b) Conduct of another.--A person is legally accountable for the conduct of
another person when:
(1) acting with the kind of culpability that is sufficient for the commission of
the offense, he causes an innocent or irresponsible person to engage in such
conduct;
(2) he is made accountable for the conduct of such other person by this title or
by the law defining the offense; or
(3) he is an accomplice of such other person in the commission of the offense.
Accomplice defined.--A person is an accomplice of another person in the
commission of an offense if:
(1) with the intent of promoting or facilitating the commission of the offense,
he:
(i) solicits such other person to commit it; or
(ii) aids or agrees or attempts to aid such other person in planning or
committing it; or
(2) his conduct is expressly declared by law to establish his complicity.
(d) Culpability of accomplice.--When causing a particular result is an element of
an offense, an accomplice in the conduct causing such result is an accomplice in
the commission of that offense, if he acts with the kind of culpability, if any,
with respect to that result that is sufficient for the commission of the offense.
(e) Status of actor.--In any prosecution for an offense in which criminal
liability of the defendant is based upon the conduct of another person pursuant to
this section, it is no defense that the offense in question, as defined, can be
committed only by a particular class or classes of persons, and the defendant, not
belonging to such class or classes, is for that reason legally incapable of
committing the offense in an individual capacity.
(f) Exceptions.--Unless otherwise provided by this title or by the law defining
the offense, a person is not an accomplice in an offense committed by another
person if:
(1) he is a victim of that offense;
(2) the offense is so defined that his conduct is inevitably incident to its
commission; or
(3) he terminates his complicity prior to the commission of the offense and:
(i) wholly deprives it of effectiveness in the commission of the offense; or
(ii) gives timely warning to the law enforcement authorities or otherwise makes
proper effort to prevent the commission of the offense.
(g) Prosecution of accomplice only.--An accomplice may be convicted on proof of
the commission of the offense and of his complicity therein, though the person
claimed to have committed the offense has not been prosecuted or convicted or has
been convicted of a different offense or degree of offense or has an immunity to
prosecution or conviction or has been acquitted.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 307
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 307. Liability of organizations and certain related persons
(a) Corporations generally.--A corporation may be convicted of the commission of
an offense if:
(1) the offense is a summary offense or the offense is defined by a statute
other than this title in which a legislative purpose to impose liability on
corporations plainly appears and the conduct is performed by an agent of the
corporation acting in behalf of the corporation within the scope of his office
or employment, except that if the law defining the offense designates the agents
for whose conduct the corporation is accountable or the circumstances under
which it is accountable, such provisions shall apply;
(2) the offense consists of an omission to discharge a specific duty of
affirmative performance imposed on corporations by law; or
(3) the commission of the offense was authorized, requested, commanded,
performed or recklessly tolerated by the board of directors or by a high
managerial agent acting in behalf of the corporation within the scope of his
office or employment.
(b) Corporations, absolute liability.--When absolute liability is imposed for the
commission of an offense, a legislative purpose to impose liability on a
corporation shall be assumed, unless the contrary plainly appears.
Unincorporated associations.--An unincorporated association may be convicted
of the commission of an offense if:
(1) the offense is defined by a statute other than this title which expressly
provides for the liability of such an association and the conduct is performed
by an agent of the association acting in behalf of the association within the
scope of his office or employment, except that if the law defining the offense
designates the agents for whose conduct the association is accountable or the
circumstances under which it is accountable, such provisions shall apply; or
(2) the offense consists of an omission to discharge a specific duty of
affirmative performance imposed on associations by law.
(d) Defenses.--In any prosecution of a corporation or an unincorporated
association for the commission of an offense included within the terms of
paragraph (a)(1) or paragraph (1) of this section, other than an offense for
which absolute liability has been imposed, it shall be a defense if the defendant
proves by a preponderance of evidence that the high managerial agent having
supervisory responsibility over the subject matter of the offense employed due
diligence to prevent its commission. This subsection shall not apply if it is
plainly inconsistent with the legislative purpose in defining the particular
offense.
(e) Persons acting or under a duty to act for organizations.--
(1) A person is legally accountable for any conduct he performs or causes to be
performed in the name of a corporation or an unincorporated association or in
its behalf to the same extent as if it were performed in his own name or behalf.
(2) Whenever a duty to act is imposed by law upon a corporation or an
unincorporated association, any agent of the corporation or association having
primary responsibility for the discharge of the duty is legally accountable for
a reckless omission to perform the required act to the same extent as if the
duty were imposed by law directly upon himself.
(3) When a person is convicted of an offense by reason of his legal
accountability for the conduct of a corporation or an unincorporated
association, he is subject to the sentence authorized by law when a natural
person is convicted of an offense of the grade and the degree involved.
(f) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Agent." Any director, officer, servant, employee or other person authorized to
act in behalf of the corporation or association and, in the case of an
unincorporated association, a member of such association.
"Corporation." Does not include an entity organized as or by a governmental
agency for the execution of a governmental program.
"High managerial agent." An officer of a corporation or an unincorporated
association, or, in the case of a partnership, a partner, or any other agent of a
corporation or association having duties of such responsibility that his conduct
may fairly be assumed to represent the policy of the corporation or association.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 308
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 308. Intoxication or drugged condition
Neither voluntary intoxication nor voluntary drugged condition is a defense to a
criminal charge, nor may evidence of such conditions be introduced to negative the
element of intent of the offense, except that evidence of such intoxication or
drugged condition of the defendant may be offered by the defendant whenever it is
relevant to reduce murder from a higher degree to a lower degree of murder.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1976,
April 7, P.L. 72, No. 32, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 309
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 309. Duress
(a) General rule.--It is a defense that the actor engaged in the conduct charged
to constitute an offense because he was coerced to do so by the use of, or a
threat to use, unlawful force against his person or the person of another, which a
person of reasonable firmness in his situation would have been unable to resist.
(b) Exception.--The defense provided by subsection (a) of this section is
unavailable if the actor recklessly placed himself in a situation in which it was
probable that he would be subjected to duress. The defense is also unavailable if
he was negligent in placing himself in such a situation, whenever negligence
suffices to establish culpability for the offense charged.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 310
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 310. Military orders
It is a defense that the actor, in engaging in the conduct charged to constitute
an offense, does no more than execute an order of his superior in the armed
services which he does not know and cannot reasonably be expected to know to be
unlawful.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 311
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 311. Consent
(a) General rule.--The consent of the victim to conduct charged to constitute an
offense or to the result thereof is a defense if such consent negatives an element
of the offense or precludes the infliction of the harm or evil sought to be
prevented by the law defining the offense.
(b) Consent to bodily injury.--When conduct is charged to constitute an offense
because it causes or threatens bodily injury, consent to such conduct or to the
infliction of such injury is a defense if:
(1) the conduct and the injury are reasonably foreseeable hazards of joint
participation in a lawful athletic contest or competitive sport; or
(2) the consent establishes a justification for the conduct under Chapter 5 of
this title (relating to general principles of justification).
Ineffective consent.--Unless otherwise provided by this title or by the law
defining the offense, assent does not constitute consent if:
(1) it is given by a person who is legally incapacitated to authorize the
conduct charged to constitute the offense;
(2) it is given by a person who by reason of youth, mental disease or defect or
intoxication is manifestly unable or known by the actor to be unable to make a
reasonable judgment as to the nature or harmfulness of the conduct charged to
constitute the offense;
(3) it is given by a person whose improvident consent is sought to be prevented
by the law defining the offense; or
(4) it is induced by force, duress or deception of a kind sought to be prevented
by the law defining the offense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1992,
April 16, P.L. 108, No. 24, s 17, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 312
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 312. De minimis infractions
(a) General rule.--The court shall dismiss a prosecution if, having regard to the
nature of the conduct charged to constitute an offense and the nature of the
attendant circumstances, it finds that the conduct of the defendant:
(1) was within a customary license or tolerance, neither expressly negatived by
the person whose interest was infringed nor inconsistent with the purpose of the
law defining the offense;
(2) did not actually cause or threaten the harm or evil sought to be prevented
by the law defining the offense or did so only to an extent too trivial to
warrant the condemnation of conviction; or
(3) presents such other extenuations that it cannot reasonably be regarded as
envisaged by the General Assembly or other authority in forbidding the offense.
(b) Written statement.--The court shall not dismiss a prosecution under this
section without filing a written statement of its reasons, except that if the
attorney for the Commonwealth is the moving party for such dismissal no such
written statement need be filed.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1978, June
22, P.L. 494, No. 73, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 313
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 313. Entrapment
(a) General rule.--A public law enforcement official or a person acting in
cooperation with such an official perpetrates an entrapment if for the purpose of
obtaining evidence of the commission of an offense, he induces or encourages
another person to engage in conduct constituting such offense by either:
(1) making knowingly false representations designed to induce the belief that
such conduct is not prohibited; or
(2) employing methods of persuasion or inducement which create a substantial
risk that such an offense will be committed by persons other than those who are
ready to commit it.
(b) Burden of proof.--Except as provided in subsection of this section, a
person prosecuted for an offense shall be acquitted if he proves by a
preponderance of evidence that his conduct occurred in response to an entrapment.
Exception.--The defense afforded by this section is unavailable when causing
or threatening bodily injury is an element of the offense charged and the
prosecution is based on conduct causing or threatening such injury to a person
other than the person perpetrating the entrapment.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 314
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 314. Guilty but mentally ill
(a) General rule.--A person who timely offers a defense of insanity in accordance
with the Rules of Criminal Procedure may be found "guilty but mentally ill" at
trial if the trier of facts finds, beyond a reasonable doubt, that the person is
guilty of an offense, was mentally ill at the time of the commission of the
offense and was not legally insane at the time of the commission of the offense.
(b) Plea of guilty but mentally ill.--A person who waives his right to trial may
plead guilty but mentally ill. No plea of guilty but mentally ill may be accepted
by the trial judge until he has examined all reports prepared pursuant to the
Rules of Criminal Procedure, has held a hearing on the sole issue of the
defendant's mental illness at which either party may present evidence and is
satisfied that the defendant was mentally ill at the time of the offense to which
the plea is entered. If the trial judge refuses to accept a plea of guilty but
mentally ill, the defendant shall be permitted to withdraw his plea. A defendant
whose plea is not accepted by the court shall be entitled to a jury trial, except
that if a defendant subsequently waives his right to a jury trial, the judge who
presided at the hearing on mental illness shall not preside at the trial.
Definitions.--For the purposes of this section and 42 Pa.C.S. s 9727 (relating
to disposition of persons found guilty but mentally ill):
(1) "Mentally ill." One who as a result of mental disease or defect, lacks
substantial capacity either to appreciate the wrongfulness of his conduct or to
conform his conduct to the requirements of the law.
(2) "Legal insanity." At the time of the commission of the act, the defendant
was laboring under such a defect of reason, from disease of the mind, as not to
know the nature and quality of the act he was doing or, if he did know it, that
he did not know he was doing what was wrong.
(d) Common law M'Naghten's Rule preserved.--Nothing in this section shall be
deemed to repeal or otherwise abrogate the common law defense of insanity
(M'Naghten's Rule) in effect in this Commonwealth on the effective date of this
section.
CREDIT(S)
1982, Dec. 15, P.L. 1262, No. 286, s 1, effective in 90 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 315
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 3. Culpability (Refs & Annos)
>>>> s 315. Insanity
(a) General rule.--The mental soundness of an actor engaged in conduct charged to
constitute an offense shall only be a defense to the charged offense when the
actor proves by a preponderance of evidence that the actor was legally insane at
the time of the commission of the offense.
(b) Definition.--For purposes of this section, the phrase "legally insane" means
that, at the time of the commission of the offense, the actor was laboring under
such a defect of reason, from disease of the mind, as not to know the nature and
quality of the act he was doing or, if the actor did know the quality of the act,
that he did not know that what he was doing was wrong.
CREDIT(S)
1982, Dec. 15, P.L. 1262, No. 286, s 1, effective in 90 days.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. I, Ch. 5, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 501
Effective: August 29, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 501. Definitions
Subject to additional definitions contained in subsequent provisions of this
chapter which are applicable to specific provisions of this chapter, the following
words and phrases, when used in this chapter shall have, unless the context
clearly indicates otherwise, the meanings given to them in this section:
"Believes"or "belief." Means "reasonably believes" or "reasonable belief."
"Correctional institution." Any penal institution, penitentiary, State farm,
reformatory, prison, jail, house of correction, or other institution for the
incarceration or custody of persons under sentence for offenses or awaiting trial
or sentence for offenses.
"Corrections officer." A full-time employee assigned to the Department of
Corrections whose principal duty is the care, custody and control of inmates of a
penal or correctional institution operated by the Department of Corrections.
"Deadly force." Force which, under the circumstances in which it is used, is
readily capable of causing death or serious bodily injury.
"Dwelling." Any building or structure, including any attached porch, deck or
patio, though movable or temporary, or a portion thereof, which is for the time
being the home or place of lodging of the actor.
"Peace officer." Any person who by virtue of his office or public employment is
vested by law with a duty to maintain public order or to make arrests for
offenses, whether that duty extends to all offenses or is limited to specific
offenses, or any person on active State duty pursuant to 51 Pa.C.S. s 508
(relating to active duty for emergency). The term "peace officer" shall also
include any member of any park police department of any county of the third class.
"Residence." A dwelling in which a person resides, either temporarily or
permanently, or visits as an invited guest.
"Unlawful force." Force, including confinement, which is employed without the
consent of the person against whom it is directed and the employment of which
constitutes an offense or actionable tort or would constitute such offense or tort
except for a defense (such as the absence of intent, negligence, or mental
capacity; duress; youth; or diplomatic status) not amounting to a privilege to
use the force. Assent constitutes consent, within the meaning of this section,
whether or not it otherwise is legally effective, except assent to the infliction
of death or serious bodily injury.
"Vehicle." A conveyance of any kind, whether or not motorized, that is designed to
transport people or property.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1984, July
6, P.L. 647, No. 134, s 1, effective in 90 days; 2007, July 17, P.L. 139, No. 41,
s 1, effective in 60 days [Sept. 17, 2007]; 2011, June 28, P.L. 48, No. 10, s 1,
effective in 60 days [Aug. 29, 2011].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 502
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 502. Justification a defense
In any prosecution based on conduct which is justifiable under this chapter,
justification is a defense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 503
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 503. Justification generally
(a) General rule.--Conduct which the actor believes to be necessary to avoid a
harm or evil to himself or to another is justifiable if:
(1) the harm or evil sought to be avoided by such conduct is greater than that
sought to be prevented by the law defining the offense charged;
(2) neither this title nor other law defining the offense provides exceptions or
defenses dealing with the specific situation involved; and
(3) a legislative purpose to exclude the justification claimed does not
otherwise plainly appear.
(b) Choice of evils.--When the actor was reckless or negligent in bringing about
the situation requiring a choice of harms or evils or in appraising the necessity
for his conduct, the justification afforded by this section is unavailable in a
prosecution for any offense for which recklessness or negligence, as the case may
be, suffices to establish culpability.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 504
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 504. Execution of public duty
(a) General rule.--Except as provided in subsection (b) of this section, conduct
is justifiable when it is required or authorized by any law of the following:
(1) The law defining the duties or functions of a public officer or the
assistance to be rendered to such officer in the performance of his duties.
(2) The law governing the execution of legal process.
(3) The judgment or order of a competent court or tribunal.
(4) The law governing the armed services or the lawful conduct of war.
(5) Any other provision of law imposing a public duty.
(b) Exceptions.--The other sections of this chapter apply to:
(1) The use of force upon or toward the person of another for any of the
purposes dealt with in such sections.
(2) The use of deadly force for any purpose, unless the use of such force is
otherwise expressly authorized by law or occurs in the lawful conduct of war.
Requisite state of mind.--The justification afforded by subsection (a) of this
section applies:
(1) when the actor believes his conduct to be required or authorized by the
judgment or direction of a competent court or tribunal or in the lawful
execution of legal process, notwithstanding lack of jurisdiction of the court or
defect in the legal process; and
(2) when the actor believes his conduct to be required or authorized to assist a
public officer in the performance of his duties, notwithstanding that the
officer exceeded his legal authority.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 505
Effective: August 29, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 505. Use of force in self-protection
(a) Use of force justifiable for protection of the person.--The use of force upon
or toward another person is justifiable when the actor believes that such force is
immediately necessary for the purpose of protecting himself against the use of
unlawful force by such other person on the present occasion.
(b) Limitations on justifying necessity for use of force.--
(1) The use of force is not justifiable under this section:
(i) to resist an arrest which the actor knows is being made by a peace officer,
although the arrest is unlawful; or
(ii) to resist force used by the occupier or possessor of property or by
another person on his behalf, where the actor knows that the person using the
force is doing so under a claim of right to protect the property, except that
this limitation shall not apply if:
(A) the actor is a public officer acting in the performance of his duties or
a person lawfully assisting him therein or a person making or assisting in a
lawful arrest;
(B) the actor has been unlawfully dispossessed of the property and is making
a reentry or recaption justified by section 507 of this title (relating to
use of force for the protection of property); or
the actor believes that such force is necessary to protect himself
against death or serious bodily injury.
(2) The use of deadly force is not justifiable under this section unless the
actor believes that such force is necessary to protect himself against death,
serious bodily injury, kidnapping or sexual intercourse compelled by force or
threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or serious bodily injury,
provoked the use of force against himself in the same encounter; or
(ii) the actor knows that he can avoid the necessity of using such force with
complete safety by retreating, except the actor is not obliged to retreat from
his dwelling or place of work, unless he was the initial aggressor or is
assailed in his place of work by another person whose place of work the actor
knows it to be.
(2.1) Except as otherwise provided in paragraph (2.2), an actor is presumed to
have a reasonable belief that deadly force is immediately necessary to protect
himself against death, serious bodily injury, kidnapping or sexual intercourse
compelled by force or threat if both of the following conditions exist:
(i) The person against whom the force is used is in the process of unlawfully
and forcefully entering, or has unlawfully and forcefully entered and is
present within, a dwelling, residence or occupied vehicle; or the person
against whom the force is used is or is attempting to unlawfully and forcefully
remove another against that other's will from the dwelling, residence or
occupied vehicle.
(ii) The actor knows or has reason to believe that the unlawful and forceful
entry or act is occurring or has occurred.
(2.2) The presumption set forth in paragraph (2.1) does not apply if:
(i) the person against whom the force is used has the right to be in or is a
lawful resident of the dwelling, residence or vehicle, such as an owner or
lessee;
(ii) the person sought to be removed is a child or grandchild or is otherwise
in the lawful custody or under the lawful guardianship of the person against
whom the protective force is used;
(iii) the actor is engaged in a criminal activity or is using the dwelling,
residence or occupied vehicle to further a criminal activity; or
(iv) the person against whom the force is used is a peace officer acting in the
performance of his official duties and the actor using force knew or reasonably
should have known that the person was a peace officer.
(2.3) An actor who is not engaged in a criminal activity, who is not in illegal
possession of a firearm and who is attacked in any place where the actor would
have a duty to retreat under paragraph (2)(ii) has no duty to retreat and has
the right to stand his ground and use force, including deadly force, if:
(i) the actor has a right to be in the place where he was attacked;
(ii) the actor believes it is immediately necessary to do so to protect himself
against death, serious bodily injury, kidnapping or sexual intercourse by force
or threat; and
(iii) the person against whom the force is used displays or otherwise uses:
(A) a firearm or replica of a firearm as defined in 42 Pa.C.S. s 9712
(relating to sentences for offenses committed with firearms); or
(B) any other weapon readily or apparently capable of lethal use.
(2.4) The exception to the duty to retreat set forth under paragraph (2.3) does
not apply if the person against whom the force is used is a peace officer acting
in the performance of his official duties and the actor using force knew or
reasonably should have known that the person was a peace officer.
(2.5) Unless one of the exceptions under paragraph (2.2) applies, a person who
unlawfully and by force enters or attempts to enter an actor's dwelling,
residence or occupied vehicle or removes or attempts to remove another against
that other's will from the actor's dwelling, residence or occupied vehicle is
presumed to be doing so with the intent to commit:
(i) an act resulting in death or serious bodily injury; or
(ii) kidnapping or sexual intercourse by force or threat.
(2.6) A public officer justified in using force in the performance of his duties
or a person justified in using force in his assistance or a person justified in
using force in making an arrest or preventing an escape is not obliged to desist
from efforts to perform such duty, effect such arrest or prevent such escape
because of resistance or threatened resistance by or on behalf of the person
against whom such action is directed.
(3) Except as otherwise required by this subsection, a person employing
protective force may estimate the necessity thereof under the circumstances as
he believes them to be when the force is used, without retreating, surrendering
possession, doing any other act which he has no legal duty to do or abstaining
from any lawful action.
Use of confinement as protective force.--The justification afforded by this
section extends to the use of confinement as protective force only if the actor
takes all reasonable measures to terminate the confinement as soon as he knows
that he safely can, unless the person confined has been arrested on a charge of
crime.
(d) Definition.--As used in this section, the term "criminal activity" means
conduct which is a misdemeanor or felony, is not justifiable under this chapter
and is related to the confrontation between an actor and the person against whom
force is used.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2011, June
28, P.L. 48, No. 10, s 2, effective in 60 days [Aug. 29, 2011].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 506
Effective: August 29, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 506. Use of force for the protection of other persons
(a) General rule.--The use of force upon or toward the person of another is
justifiable to protect a third person when:
(1) the actor would be justified under section 505 (relating to use of force in
self-protection) in using such force to protect himself against the injury he
believes to be threatened to the person whom he seeks to protect;
(2) under the circumstances as the actor believes them to be, the person whom he
seeks to protect would be justified in using such protective force; and
(3) the actor believes that his intervention is necessary for the protection of
such other person.
(b) Exception.--Notwithstanding subsection (a), the actor is not obliged to
retreat to any greater extent than the person whom he seeks to protect.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2011, June
28, P.L. 48, No. 10, s 3, effective in 60 days [Aug. 29, 2011].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 507
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 507. Use of force for the protection of property
(a) Use of force justifiable for protection of property.--The use of force upon or
toward the person of another is justifiable when the actor believes that such
force is immediately necessary:
(1) to prevent or terminate an unlawful entry or other trespass upon land or a
trespass against or the unlawful carrying away of tangible movable property, if
such land or movable property is, or is believed by the actor to be, in his
possession or in the possession of another person for whose protection he acts;
or
(2) to effect an entry or reentry upon land or to retake tangible movable
property, if:
(i) the actor believes that he or the person by whose authority he acts or a
person from whom he or such other person derives title was unlawfully
dispossessed of such land or movable property and is entitled to possession;
and
(ii) (A) the force is used immediately or on fresh pursuit after such
dispossession; or
(B) the actor believes that the person against whom he uses force has no
claim of right to the possession of the property and, in the case of land,
the circumstances, as the actor believes them to be, are of such urgency that
it would be an exceptional hardship to postpone the entry or reentry until a
court order is obtained.
(b) Meaning of possession.--For the purpose of subsection (a) of this section:
(1) A person who has parted with the custody of property to another who refuses
to restore it to him is no longer in possession, unless the property is movable
and was and still is located on land in his possession.
(2) A person who has been dispossessed of land does not regain possession
thereof merely by setting foot thereon.
(3) A person who has a license to use or occupy real property is deemed to be in
possession thereof except against the licensor acting under claim of right.
Limitations on justifiable use of force.--
(1) The use of force is justifiable under this section only if the actor first
requests the person against whom such force is used to desist from his
interference with the property, unless the actor believes that:
(i) such request would be useless;
(ii) it would be dangerous to himself or another person to make the request;
or
(iii) substantial harm will be done to the physical condition of the property
which is sought to be protected before the request can effectively be made.
(2) The use of force to prevent or terminate a trespass is not justifiable under
this section if the actor knows that the exclusion of the trespasser will expose
him to substantial danger of serious bodily injury.
(3) The use of force to prevent an entry or reentry upon land or the recaption
of movable property is not justifiable under this section, although the actor
believes that such reentry or caption is unlawful, if:
(i) the reentry or recaption is made by or on behalf of a person who was
actually dispossessed of the property; and
(ii) it is otherwise justifiable under subsection (a)(2).
(4) (i) The use of deadly force is justifiable under this section if:
(A) there has been an entry into the actor's dwelling;
(B) the actor neither believes nor has reason to believe that the entry is
lawful; and
the actor neither believes nor has reason to believe that force less than
deadly force would be adequate to terminate the entry.
(ii) If the conditions of justification provided in subparagraph (i) have not
been met, the use of deadly force is not justifiable under this section unless
the actor believes that:
(A) the person against whom the force is used is attempting to dispossess him
of his dwelling otherwise than under a claim of right to its possession; or
(B) such force is necessary to prevent the commission of a felony in the
dwelling.
(d) Use of confinement as protective force.--The justification afforded by this
section extends to the use of confinement as protective force only if the actor
takes all reasonable measures to terminate the confinement as soon as he knows
that he can do so with safety to the property, unless the person confined has been
arrested on a charge of crime.
(e) Use of device to protect property.--The justification afforded by this section
extends to the use of a device for the purpose of protecting property only if:
(1) the device is not designed to cause or known to create a substantial risk of
causing death or serious bodily injury;
(2) the use of the particular device to protect the property from entry or
trespass is reasonable under the circumstances, as the actor believes them to
be; and
(3) the device is one customarily used for such a purpose or reasonable care is
taken to make known to probable intruders the fact that it is used.
(f) Use of force to pass wrongful obstructor.--The use of force to pass a person
whom the actor believes to be intentionally or knowingly and unjustifiably
obstructing the actor from going to a place to which he may lawfully go is
justifiable, if:
(1) the actor believes that the person against whom he uses force has no claim
of right to obstruct the actor;
(2) the actor is not being obstructed from entry or movement on land which he
knows to be in the possession or custody of the person obstructing him, or in
the possession or custody of another person by whose authority the obstructor
acts, unless the circumstances, as the actor believes them to be, are of such
urgency that it would not be reasonable to postpone the entry or movement on
such land until a court order is obtained; and
(3) the force used is not greater than it would be justifiable if the person
obstructing the actor were using force against him to prevent his passage.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1980, Dec.
19, P.L. 1310, No. 235, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 508
Effective: September 17, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 508. Use of force in law enforcement
(a) Peace officer's use of force in making arrest.--
(1) A peace officer, or any person whom he has summoned or directed to assist
him, need not retreat or desist from efforts to make a lawful arrest because of
resistance or threatened resistance to the arrest. He is justified in the use
of any force which he believes to be necessary to effect the arrest and of any
force which he believes to be necessary to defend himself or another from bodily
harm while making the arrest. However, he is justified in using deadly force
only when he believes that such force is necessary to prevent death or serious
bodily injury to himself or such other person, or when he believes both that:
(i) such force is necessary to prevent the arrest from being defeated by
resistance or escape; and
(ii) the person to be arrested has committed or attempted a forcible felony or
is attempting to escape and possesses a deadly weapon, or otherwise indicates
that he will endanger human life or inflict serious bodily injury unless
arrested without delay.
(2) A peace officer making an arrest pursuant to an invalid warrant is justified
in the use of any force which he would be justified in using if the warrant were
valid, unless he knows that the warrant is invalid.
(b) Private person's use of force in making arrest.--
(1) A private person who makes, or assists another private person in making a
lawful arrest is justified in the use of any force which he would be justified
in using if he were summoned or directed by a peace officer to make such arrest,
except that he is justified in the use of deadly force only when he believes
that such force is necessary to prevent death or serious bodily injury to
himself or another.
(2) A private person who is summoned or directed by a peace officer to assist in
making an arrest which is unlawful, is justified in the use of any force which
he would be justified in using if the arrest were lawful, unless he knows that
the arrest is unlawful.
(3) A private person who assists another private person in effecting an unlawful
arrest, or who, not being summoned, assists a peace officer in effecting an
unlawful arrest, is justified in using any force which he would be justified in
using if the arrest were lawful, if:
(i) he believes the arrest is lawful; and
(ii) the arrest would be lawful if the facts were as he believes them to be.
Use of force regarding escape.--
(1) A peace officer, corrections officer or other person who has an arrested or
convicted person in his custody is justified in the use of such force to prevent
the escape of the person from custody as the officer or other person would be
justified in using under subsection (a) if the officer or other person were
arresting the person.
(2) A peace officer or corrections officer is justified in the use of such
force, including deadly force, which the officer believes to be necessary to
prevent the escape from a correctional institution of a person whom the officer
believes to be lawfully detained in such institution under sentence for an
offense or awaiting trial or commitment for an offense.
(3) A corrections officer is justified in the use of such force, which the
officer believes to be necessary to defend himself or another from bodily harm
during the pursuit of the escaped person. However, the officer is justified in
using deadly force only when the officer believes that such force is necessary
to prevent death or serious bodily injury to himself or another or when the
officer believes that:
(i) such force is necessary to prevent the apprehension from being defeated by
resistance; and
(ii) the escaped person has been convicted of committing or attempting to
commit a forcible felony, possesses a deadly weapon or otherwise indicates that
he will endanger human life or inflict serious bodily injury unless apprehended
without delay.
(d) Use of force to prevent suicide or the commission of crime.--
(1) The use of force upon or toward the person of another is justifiable when
the actor believes that such force is immediately necessary to prevent such
other person from committing suicide, inflicting serious bodily injury upon
himself, committing or consummating the commission of a crime involving or
threatening bodily injury, damage to or loss of property or a breach of the
peace, except that:
(i) Any limitations imposed by the other provisions of this chapter on the
justifiable use of force in self-protection, for the protection of others, the
protection of property, the effectuation of an arrest or the prevention of an
escape from custody shall apply notwithstanding the criminality of the conduct
against which such force is used.
(ii) The use of deadly force is not in any event justifiable under this
subsection unless:
(A) the actor believes that there is a substantial risk that the person whom
he seeks to prevent from committing a crime will cause death or serious
bodily injury to another unless the commission or the consummation of the
crime is prevented and that the use of such force presents no substantial
risk of injury to innocent persons; or
(B) the actor believes that the use of such force is necessary to suppress a
riot or mutiny after the rioters or mutineers have been ordered to disperse
and warned, in any particular manner that the law may require, that such
force will be used if they do not obey.
(2) The justification afforded by this subsection extends to the use of
confinement as preventive force only if the actor takes all reasonable measures
to terminate the confinement as soon as he knows that he safely can, unless the
person confined has been arrested on a charge of crime.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2007, July
17, P.L. 139, No. 41, s 2, effective in 60 days [Sept. 17, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 509
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 509. Use of force by persons with special responsibility for care,
discipline or safety of others
The use of force upon or toward the person of another is justifiable if:
(1) The actor is the parent or guardian or other person similarly responsible
for the general care and supervision of a minor or a person acting at the
request of such parent, guardian or other responsible person and:
(i) the force is used for the purpose of safeguarding or promoting the welfare
of the minor, including the preventing or punishment of his misconduct; and
(ii) the force used is not designed to cause or known to create a substantial
risk of causing death, serious bodily injury, disfigurement, extreme pain or
mental distress or gross degradation.
(2) The actor is a teacher or person otherwise entrusted with the care or
supervision for a special purpose of a minor and:
(i) the actor believes that the force used is necessary to further such special
purpose, including the maintenance of reasonable discipline in a school, class
or other group, and that the use of such force is consistent with the welfare
of the minor; and
(ii) the degree of force, if it had been used by the parent or guardian of the
minor, would not be unjustifiable under paragraph (1)(ii).
(3) The actor is the guardian or other person similarly responsible for the
general care and supervision of an incapacitated, mentally ill or mentally
retarded person; and:
(i) the force is used for the purpose of safeguarding or promoting the welfare
of the incapacitated, mentally ill or mentally retarded person, including the
prevention of his misconduct, and there is no reasonable alternative to the use
of such force; and
(ii) the force used is not designed to cause or known to create a substantial
risk of causing death, bodily injury, disfigurement, unnecessary pain, mental
distress, or humiliation.
(4) The actor is a doctor or other therapist or a person assisting him at his
direction; and:
(i) the force is used for the purpose of administering a recognized form of
treatment not prohibited by law of this Commonwealth which the actor believes
to be adapted to promoting the physical or mental health of the patient; and
(ii) the treatment is administered with the consent of the patient, or, if the
patient is a minor or an incapacitated person with the consent of his parent or
guardian or other person legally competent to consent in his behalf, or the
treatment is administered in an emergency when the actor believes that no one
competent to consent can be consulted and that a reasonable person, wishing to
safeguard the welfare of the patient, would consent.
(5) The actor is a warden or other authorized official of a correctional
institution; and:
(i) he believes that the force used is necessary for the purpose of enforcing
the lawful rules or procedures of the institution, unless his belief in the
lawfulness of the rule or procedure sought to be enforced is erroneous and his
error is due to ignorance or mistake as to the provisions of this title, any
other provision of the criminal law or the law governing the administration of
the institution;
(ii) the nature or degree of force used is not forbidden by law; and
(iii) if deadly force is used, its use is otherwise justifiable under this
chapter.
(6) The actor is a person responsible for the safety of a vessel or an aircraft
or a person acting at his direction; and:
(i) he believes that the force used is necessary to prevent interference with
the operation of the vessel or aircraft or obstruction of the execution of a
lawful order, unless his belief in the lawfulness of the order is erroneous and
his error is due to ignorance or mistake as to the law defining his authority;
and
(ii) if deadly force is used, its use is otherwise justifiable under this
chapter.
(7) The actor is a person who is authorized or required by law to maintain order
or decorum in a vehicle, train or other carrier or in a place where others are
assembled; and:
(i) he believes that the force used is necessary for such purpose; and
(ii) the force used is not designed to cause death, or known to create a
substantial risk of causing death, bodily injury, or extreme mental distress.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 1, imd. effective; 1992, April 16, P.L. 108, No. 24, s
17, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 510
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 5. General Principles of Justification (Refs & Annos)
>>>> s 510. Justification in property crimes
Conduct involving the appropriation, seizure or destruction of, damage to,
intrusion on or interference with property is justifiable under circumstances
which would establish a defense of privilege in a civil action based thereon,
unless:
(1) this title or the law defining the offense deals with the specific situation
involved; or
(2) a legislative purpose to exclude the justification claimed otherwise plainly
appears.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. I, Ch. 7
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 7. Responsibility (Reserved)
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. I, Ch. 9, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 901
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 901. Criminal attempt
(a) Definition of attempt.--A person commits an attempt when, with intent to
commit a specific crime, he does any act which constitutes a substantial step
toward the commission of that crime.
(b) Impossibility.--It shall not be a defense to a charge of attempt that because
of a misapprehension of the circumstances it would have been impossible for the
accused to commit the crime attempted.
Renunciation.--
(1) In any prosecution for an attempt to commit a crime, it is a defense that,
under circumstances manifesting a voluntary and complete renunciation of his
criminal intent, the defendant avoided the commission of the crime attempted by
abandoning his criminal effort and, if the mere abandonment was insufficient to
accomplish such avoidance, by taking further and affirmative steps which
prevented the commission thereof.
(2) A renunciation is not "voluntary and complete" within the meaning of this
subsection if it is motivated in whole or part by:
(i) a belief that circumstances exist which increase the probability of
detection or apprehension of the defendant or another participant in the
criminal enterprise, or which render more difficult the accomplishment of the
criminal purpose; or
(ii) a decision to postpone the criminal conduct until another time or to
transfer the criminal effort to another victim or another but similar
objective.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 902
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 902. Criminal solicitation
(a) Definition of solicitation.--A person is guilty of solicitation to commit a
crime if with the intent of promoting or facilitating its commission he commands,
encourages or requests another person to engage in specific conduct which would
constitute such crime or an attempt to commit such crime or which would establish
his complicity in its commission or attempted commission.
(b) Renunciation.--It is a defense that the actor, after soliciting another person
to commit a crime, persuaded him not to do so or otherwise prevented the
commission of the crime, under circumstances manifesting a complete and voluntary
renunciation of his criminal intent.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 903
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 903. Criminal conspiracy
(a) Definition of conspiracy.--A person is guilty of conspiracy with another
person or persons to commit a crime if with the intent of promoting or
facilitating its commission he:
(1) agrees with such other person or persons that they or one or more of them
will engage in conduct which constitutes such crime or an attempt or
solicitation to commit such crime; or
(2) agrees to aid such other person or persons in the planning or commission of
such crime or of an attempt or solicitation to commit such crime.
(b) Scope of conspiratorial relationship.--If a person guilty of conspiracy, as
defined by subsection (a) of this section, knows that a person with whom he
conspires to commit a crime has conspired with another person or persons to commit
the same crime, he is guilty of conspiring with such other person or persons, to
commit such crime whether or not he knows their identity.
Conspiracy with multiple criminal objectives.--If a person conspires to commit
a number of crimes, he is guilty of only one conspiracy so long as such multiple
crimes are the object of the same agreement or continuous conspiratorial
relationship.
(d) Joinder and venue in conspiracy prosecutions.--
(1) Subject to the provisions of paragraph (2) of this subsection, two or more
persons charged with criminal conspiracy may be prosecuted jointly if:
(i) they are charged with conspiring with one another; or
(ii) the conspiracies alleged, whether they have the same or different parties,
are so related that they constitute different aspects of a scheme of organized
criminal conduct.
(2) In any joint prosecution under paragraph (1) of this subsection:
(i) no defendant shall be charged with a conspiracy in any county other than
one in which he entered into such conspiracy or in which an overt act pursuant
to such conspiracy was done by him or by a person with whom he conspired;
(ii) neither the liability of any defendant nor the admissibility against him
of evidence of acts or declarations of another shall be enlarged by such
joinder; and
(iii) the court shall order a severance or take a special verdict as to any
defendant who so requests, if it deems it necessary or appropriate to promote
the fair determination of his guilt or innocence, and shall take any other
proper measures to protect the fairness of the trial.
(e) Overt act.--No person may be convicted of conspiracy to commit a crime unless
an overt act in pursuance of such conspiracy is alleged and proved to have been
done by him or by a person with whom he conspired.
(f) Renunciation.--It is a defense that the actor, after conspiring to commit a
crime, thwarted the success of the conspiracy, under circumstances manifesting a
complete and voluntary renunciation of his criminal intent.
(g) Duration of conspiracy.--For purposes of 42 Pa.C.S. s 5552(d) (relating to
commission of offense):
(1) conspiracy is a continuing course of conduct which terminates when the crime
or crimes which are its object are committed or the agreement that they be
committed is abandoned by the defendant and by those with whom he conspired;
(2) such abandonment is presumed if neither the defendant nor any one with whom
he conspired does any overt act in pursuance of the conspiracy during the
applicable period of limitation; and
(3) if an individual abandons the agreement, the conspiracy is terminated as to
him only if and when he advises those with whom he conspired of his abandonment
or he informs the law enforcement authorities of the existence of the conspiracy
and of his participation therein.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1978,
April 28, P.L. 202, No. 53, s 7(2), effective June 27, 1978.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 904
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 904. Incapacity, irresponsibility or immunity of party to
solicitation or conspiracy
(a) General rule.--Except as provided in subsection (b) of this section, it is
immaterial to the liability of a person who solicits or conspires with another to
commit a crime that:
(1) he or the person whom he solicits or with whom he conspires does not occupy
a particular position or have a particular characteristic which is an element of
such crime, if he believes that one of them does; or
(2) the person whom he solicits or with whom he conspires is irresponsible or
has an immunity to prosecution or conviction for the commission of the crime.
(b) Exception.--It is a defense to a charge of solicitation or conspiracy to
commit a crime that if the criminal object were achieved, the actor would not be
guilty of a crime under the law defining the offense or as an accomplice under
section 306(e) of this title (relating to status of actor) or section 306(f)(1) or
(2) of this title (relating to exceptions).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 905
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 905. Grading of criminal attempt, solicitation and conspiracy
(a) Grading.--Except as otherwise provided in this title, attempt, solicitation
and conspiracy are crimes of the same grade and degree as the most serious offense
which is attempted or solicited or is an object of the conspiracy.
(b) Mitigation.--If the particular conduct charged to constitute a criminal
attempt, solicitation or conspiracy is so inherently unlikely to result or
culminate in the commission of a crime that neither such conduct nor the actor
presents a public danger warranting the grading of such offense under this
section, the court may dismiss the prosecution.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974,
March 26, P.L. 213, No. 46, s 1, imd. effective; 1995, March 9, P.L. 964, No. 3,
(Spec. Sess. No. 1) s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 906
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 906. Multiple convictions of inchoate crimes barred
A person may not be convicted of more than one of the inchoate crimes of criminal
attempt, criminal solicitation or criminal conspiracy for conduct designed to
commit or to culminate in the commission of the same crime.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1986, Dec.
11, P.L. 1517, No. 164, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 907
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 907. Possessing instruments of crime
(a) Criminal instruments generally.--A person commits a misdemeanor of the first
degree if he possesses any instrument of crime with intent to employ it
criminally.
(b) Possession of weapon.--A person commits a misdemeanor of the first degree if
he possesses a firearm or other weapon concealed upon his person with intent to
employ it criminally.
Unlawful body armor.--A person commits a felony of the third degree if in the
course of the commission of a felony or in the attempt to commit a felony he uses
or wears body armor or has in his control, custody or possession any body armor.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Body armor." Any protective covering for the body, or parts thereof, made of any
polyaramid fiber or any resin-treated glass fiber cloth or any material or
combination of materials made or designed to prevent, resist, deflect or deter the
penetration thereof by ammunition, knife, cutting or piercing instrument or any
other weapon.
"Instrument of crime." Any of the following:
(1) Anything specially made or specially adapted for criminal use.
(2) Anything used for criminal purposes and possessed by the actor under
circumstances not manifestly appropriate for lawful uses it may have.
"Weapon." Anything readily capable of lethal use and possessed under
circumstances not manifestly appropriate for lawful uses which it may have. The
term includes a firearm which is not loaded or lacks a clip or other component to
render it immediately operable, and components which can readily be assembled into
a weapon.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, July
6, P.L. 238, No. 27, s 1, effective in 60 days; 1996, July 11, P.L. 552, No. 98,
s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 908
Effective: January 6, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 908. Prohibited offensive weapons
(a) Offense defined.--A person commits a misdemeanor of the first degree if,
except as authorized by law, he makes repairs, sells, or otherwise deals in, uses,
or possesses any offensive weapon.
(b) Exceptions.--
(1) It is a defense under this section for the defendant to prove by a
preponderance of evidence that he possessed or dealt with the weapon solely as a
curio or in a dramatic performance, or that, with the exception of a bomb,
grenade or incendiary device, he complied with the National Firearms Act (26
U.S.C. s 5801 et seq.), or that he possessed it briefly in consequence of having
found it or taken it from an aggressor, or under circumstances similarly
negativing any intent or likelihood that the weapon would be used unlawfully.
(2) This section does not apply to police forensic firearms experts or police
forensic firearms laboratories. Also exempt from this section are forensic
firearms experts or forensic firearms laboratories operating in the ordinary
course of business and engaged in lawful operation who notify in writing, on an
annual basis, the chief or head of any police force or police department of a
city, and, elsewhere, the sheriff of a county in which they are located, of the
possession, type and use of offensive weapons.
(3) This section shall not apply to any person who makes, repairs, sells or
otherwise deals in, uses or possesses any firearm for purposes not prohibited by
the laws of this Commonwealth.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Firearm." Any weapon which is designed to or may readily be converted to expel
any projectile by the action of an explosive or the frame or receiver of any such
weapon.
"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a
barrel less than 18 inches, firearm specially made or specially adapted for
concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger,
knife, razor or cutting instrument, the blade of which is exposed in an automatic
way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun
baton, taser or other electronic or electric weapon or other implement for the
infliction of serious bodily injury which serves no common lawful purpose.
(d) Exemptions.--The use and possession of blackjacks by the following persons in
the course of their duties are exempt from this section:
(1) Police officers, as defined by and who meet the requirements of the act of
June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal Police Education
and Training Law. [FN1]
(2) Police officers of first class cities who have successfully completed
training which is substantially equivalent to the program under the Municipal
Police Education and Training Law.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties who have satisfactorily
met the requirements of the Municipal Police Education and Training Law.
(5) Police officers employed by the Commonwealth who have satisfactorily met the
requirements of the Municipal Police Education and Training Law.
(6) Deputy sheriffs with adequate training as determined by the Pennsylvania
Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily met the requirements of
the Municipal Police Education and Training Law.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1983, Dec.
20, P.L. 291, No. 78, s 1, imd. effective; 1984, July 6, P.L. 647, No. 134, s 2,
effective in 90 days; 1985, July 11, P.L. 235, No. 58, s 1, effective in 60 days;
1994, Oct. 4, P.L. 571, No. 84, s 1, effective in 60 days; 2002, Nov. 6, P.L.
1096, No. 132, s 1, effective in 60 days.
[FN1] 53 P.S. ss 740 to 749.1 (repealed); see now, 53 Pa.C.S.A. s 2161 et
seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 908.1
Effective: January 6, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 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.
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.
CREDIT(S)
2002, Nov. 6, P.L. 1096, No. 132, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 909
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 909. Manufacture, distribution or possession of master keys for motor
vehicles
(a) Offense defined.--A person commits a misdemeanor of the first degree if he
manufactures, distributes, or possesses any motor vehicle master key.
(b) Exception.--Subsection (a) of this section shall not apply to:
(1) The introduction, manufacture for introduction, transportation,
distribution, sale or possession in commerce in this Commonwealth of motor
vehicle master keys for use in the ordinary course of business by any commercial
or professional locksmith, common carrier, contract carrier, motor vehicle fleet
owner, new or used car dealer, rental car agency, car manufacturer, automobile
club or association operating in more than one state or an affiliate thereof, or
any department, agency, or instrumentality of:
(i) the Commonwealth of Pennsylvania, the United States, any state, the
District of Columbia, or any possession of the United States; or
(ii) any political subdivision of any entity specified in subparagraph (i) of
this paragraph.
(2) The shipment, transportation, or delivery for shipment in commerce in this
Commonwealth of motor vehicle master keys in the ordinary course of business by
any common carrier or contract carrier.
Definition.--As used in this section "master key" means any key adapted to fit
the ignition switch, trunk or door of two or more motor vehicles, the ignition
switches, trunks or doors of which are designed to be operated by keys.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 910
Effective: December 20, 2000
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 910. Manufacture, distribution, use or possession of devices for
theft of telecommunications services
(a) Offense defined.--Any person commits an offense if he:
(1) makes, distributes, possesses, uses or assembles an unlawful
telecommunication device or modifies, alters, programs or reprograms a
telecommunication device designed, adapted or which can be used:
(i) for commission of a theft of telecommunication service or to disrupt,
transmit, decrypt, acquire or facilitate the disruption, transmission,
decryption or acquisition of any telecommunication service without the consent
of the telecommunication service provider; or
(ii) to conceal or to assist another to conceal from any telecommunication
service provider or from any lawful authority the existence or place of origin
or of destination of any telecommunication; or
(2) sells, possesses, distributes, gives or otherwise transfers to another or
offers, promotes or advertises for sale any:
(i) unlawful telecommunication device, or plans or instructions for making or
assembling the same, under circumstances evidencing an intent to use or employ
such unlawful telecommunication device, or to allow the same to be used or
employed for a purpose described in paragraph (1), or knowing or having reason
to believe that the same is intended to be so used, or that the aforesaid plans
or instructions are intended to be used for making or assembling such unlawful
telecommunication device; or
(ii) material, including hardware, cables, tools, data, computer software or
other information or equipment, knowing that the purchaser or a third person
intends to use the material in the manufacture of an unlawful telecommunication
device.
(b) Grading.--
(1) Except for violations of this section as provided for in paragraph (2) or
(3), an offense under this section is a misdemeanor of the first degree.
(2) An offense under this section is a felony of the third degree if:
(i) the defendant has been convicted previously under this section or convicted
of any similar crime in this or any Federal or other state jurisdiction; or
(ii) the violation of this section involves at least ten, but not more than 50,
unlawful telecommunication devices.
(3) An offense under this section is a felony of the second degree if:
(i) the defendant has been convicted previously on two or more occasions for
offenses under this section or for any similar crime in this or any Federal or
other state jurisdiction; or
(ii) the violation of this section involves more than 50 unlawful
telecommunication devices.
(4) For purposes of grading an offense based upon a prior conviction under this
section or for any similar crime pursuant to paragraphs (2)(i) and (3)(i), a
prior conviction shall consist of convictions upon separate indictments or
criminal complaints for offenses under this section or any similar crime in this
or any Federal or other state jurisdiction.
(5) As provided for in paragraphs (2)(i) and (3)(i), in grading an offense under
this section based upon a prior conviction, the term "any similar crime" shall
include, but not be limited to, offenses involving theft of service or fraud,
including violations of the Cable Communications Policy Act of 1984 (Public Law
98-549, 98 Stat. 2779).
(b.1) Separate offenses.--For purposes of all criminal penalties or fines
established for violations of this section, the prohibited activity established
herein as it applies to each unlawful telecommunication device shall be deemed a
separate offense.
(b.2) Fines.--For purposes of imposing fines upon conviction of a defendant for an
offense under this section, all fines shall be imposed in accordance with section
1101 (relating to fines).
Restitution.--The court shall, in addition to any other sentence authorized by
law, sentence a person convicted of violating this section to make restitution
under section 1106 (relating to restitution for injuries to person or property) or
42 Pa.C.S. s 9721 (relating to sentencing generally).
(c.1) Forfeiture of unlawful telecommunication devices.--Upon conviction of a
defendant under this section, the court may, in addition to any other sentence
authorized by law, direct that the defendant forfeit any unlawful
telecommunication devices in the defendant's possession or control which were
involved in the violation for which the defendant was convicted.
(c.2) Venue.--An offense under subsection (a) may be deemed to have been committed
at either place where the defendant manufactures or assembles an unlawful
telecommunication device or assists others in doing so or the places where the
unlawful telecommunication device is sold or delivered to a purchaser, in
accordance with section 102 (relating to territorial applicability). It shall be
no defense to a violation of subsection (a) that some of the acts constituting the
offense occurred outside of this Commonwealth.
(d) Civil action.--
(1) Any person aggrieved by a violation of this section may bring a civil action
in any court of competent jurisdiction.
(2) The court may:
(i) grant preliminary and final injunctions to prevent or restrain violations
of this section;
(ii) at any time while an action is pending, order the impounding, on such
terms as it deems reasonable, of any unlawful telecommunication device that is
in the custody or control of the violator and that the court has reasonable
cause to believe was involved in the alleged violation of this section;
(iii) award damages as described in subsection (d.1);
(iv) in its discretion, award reasonable attorney fees and costs, including,
but not limited to, costs for investigation, testing and expert witness fees,
to an aggrieved party who prevails; or
(v) as part of a final judgment or decree finding a violation of this section,
order the remedial modification or destruction of any unlawful
telecommunication device involved in the violation that is in the custody or
control of the violator or has been impounded under subparagraph (ii).
(d.1) Types of damages recoverable.--Damages awarded by a court under this section
shall be computed as either of the following:
(1) Upon his election of such damages at any time before final judgment is
entered, the complaining party may recover the actual damages suffered by him as
a result of the violation of this section and any profits of the violator that
are attributable to the violation and are not taken into account in computing
the actual damages. In determining the violator's profits, the complaining
party shall be required to prove only the violator's gross revenue, and the
violator shall be required to prove his deductible expenses and the elements of
profit attributable to factors other than the violation.
(2) Upon election by the complaining party at any time before final judgment is
entered, that party may recover in lieu of actual damages an award of statutory
damages of between $250 to $10,000 for each unlawful telecommunication device
involved in the action, with the amount of statutory damages to be determined by
the court, not the jury, as the court considers just. In any case where the
court finds that any of the violations of this section were committed willfully
and for purposes of commercial advantage or private financial gain, the court in
its discretion may increase the award of statutory damages by an amount of not
more than $50,000 for each unlawful telecommunication device involved in the
action.
(3) For purposes of all civil remedies established for violations of this
section, the prohibited activity established in this section applies to each
unlawful telecommunication device and shall be deemed a separate violation.
(e) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Manufacture of an unlawful telecommunication device." To produce or assemble an
unlawful telecommunication device or to modify, alter, program or reprogram a
telecommunication device to be capable of acquiring, disrupting, receiving,
transmitting, decrypting or facilitating the acquisition, disruption, receipt,
transmission or decryption of a telecommunication service without the consent of
the telecommunication service provider or to knowingly assist others in those
activities.
"Telecommunication device." Any type of instrument, device, machine or equipment
which is capable of transmitting, acquiring, decrypting or receiving any
telephonic, electronic, data, Internet access, audio, video, microwave or radio
transmissions, signals, communications or services, including the receipt,
acquisition, transmission or decryption of all such communications, transmissions,
signals or services over any cable television, telephone, satellite, microwave,
radio or wireless distribution system or facility, or any part, accessory or
components thereof, including any computer circuit, security module, smart card,
software, computer chip, electronic mechanism or other component, accessory or
part which is capable of facilitating the transmission, decryption, acquisition or
reception of all such communications, transmissions, signals or services.
"Telecommunication service." The meaning given to it in section 3926 (relating to
theft of services) and also any service provided by any radio, telephone, cable
television, satellite, microwave or wireless distribution system or facility,
including, but not limited to, any and all electronic, data, video, audio,
Internet access, telephonic, microwave and radio communications, transmissions,
signals and services.
"Telecommunication service provider." The meaning given to it in section 3926
(relating to theft of services) and includes any person or entity providing any
telecommunication service, including, but not limited to, any person or entity
owning or operating any cable television, satellite, telephone, wireless,
microwave or radio distribution system or facility.
"Unlawful telecommunication device." The meaning given to it in section 3926
(relating to theft of services) and includes any telecommunication device which is
capable of or has been altered, designed, modified, programmed or reprogrammed,
alone or in conjunction with another telecommunication device or devices so as to
be capable of facilitating the disruption, acquisition, receipt, transmission or
decryption of a telecommunication service without the consent or knowledge of the
telecommunication service provider. In addition to the examples listed in section
3926, the term includes, but is not limited to, any device, technology, product,
service, equipment, computer software or component or part thereof, primarily
distributed, sold, designed, assembled, manufactured, modified, programmed,
reprogrammed or used for the purpose of providing unauthorized disruption of,
decryption of, access to or acquisition of any telecommunication service provided
by any cable television, satellite, telephone, wireless, microwave or radio
distribution system or facility.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974, July
20, P.L. 539, No. 185, s 1; 1995, June 13, P.L. 52, No. 8, s 1, effective in 60
days; 2000, June 22, P.L. 469, No. 64, s 1, imd. effective. Reenacted 2000,
Dec. 20, P.L. 831, No. 116, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 911
Effective: January 29, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 911. Corrupt organizations
(a) Findings of fact.--The General Assembly finds that:
(1) organized crime is a highly sophisticated, diversified, and widespread
phenomenon which annually drains billions of dollars from the national economy
by various patterns of unlawful conduct including the illegal use of force,
fraud, and corruption;
(2) organized crime exists on a large scale within the Commonwealth of
Pennsylvania, engaging in the same patterns of unlawful conduct which
characterize its activities nationally;
(3) the vast amounts of money and power accumulated by organized crime are
increasingly used to infiltrate and corrupt legitimate businesses operating
within the Commonwealth, together with all of the techniques of violence,
intimidation, and other forms of unlawful conduct through which such money and
power are derived;
(4) in furtherance of such infiltration and corruption, organized crime utilizes
and applies to its unlawful purposes laws of the Commonwealth of Pennsylvania
conferring and relating to the privilege of engaging in various types of
business and designed to insure that such businesses are conducted in
furtherance of the public interest and the general economic welfare of the
Commonwealth;
(5) such infiltration and corruption provide an outlet for illegally obtained
capital, harm innocent investors, entrepreneurs, merchants and consumers,
interfere with free competition, and thereby constitute a substantial danger to
the economic and general welfare of the Commonwealth of Pennsylvania; and
(6) in order to successfully resist and eliminate this situation, it is
necessary to provide new remedies and procedures.
(b) Prohibited activities.--
(1) It shall be unlawful for any person who has received any income derived,
directly or indirectly, from a pattern of racketeering activity in which such
person participated as a principal, to use or invest, directly or indirectly,
any part of such income, or the proceeds of such income, in the acquisition of
any interest in, or the establishment or operation of, any enterprise:
Provided, however, That a purchase of securities on the open market for purposes
of investment, and without the intention of controlling or participating in the
control of the issuer, or of assisting another to do so, shall not be unlawful
under this subsection if the securities of the issue held by the purchaser, the
members of his immediate family, and his or their accomplices in any pattern of
racketeering activity after such purchase, do not amount in the aggregate to 1%
of the outstanding securities of any one class, and do not confer, either in law
or in fact, the power to elect one or more directors of the issuer: Provided,
further, That if, in any proceeding involving an alleged investment in violation
of this subsection, it is established that over half of the defendant's
aggregate income for a period of two or more years immediately preceding such
investment was derived from a pattern of racketeering activity, a rebuttable
presumption shall arise that such investment included income derived from such
pattern of racketeering activity.
(2) It shall be unlawful for any person through a pattern of racketeering
activity to acquire or maintain, directly or indirectly, any interest in or
control of any enterprise.
(3) It shall be unlawful for any person employed by or associated with any
enterprise to conduct or participate, directly or indirectly, in the conduct of
such enterprise's affairs through a pattern of racketeering activity.
(4) It shall be unlawful for any person to conspire to violate any of the
provisions of paragraphs (1), (2) or (3) of this subsection.
Grading.--Whoever violates any provision of subsection (b) of this section is
guilty of a felony of the first degree. A violation of this subsection shall be
deemed to continue so long as the person who committed the violation continues to
receive any benefit from the violation.
(d) Civil remedies.--
(1) The several courts of common pleas, and the Commonwealth Court, shall have
jurisdiction to prevent and restrain violations of subsection (b) of this
section by issuing appropriate orders, including but not limited to:
(i) ordering any person to divest himself of any interest direct or indirect,
in the enterprise; imposing reasonable restrictions on the future activities
or investments of any person, including but not limited to, prohibiting any
person from engaging in the same type of endeavor as the enterprise engaged in;
and
(ii) making due provision for the rights of innocent persons, ordering the
dissolution of the enterprise, ordering the denial, suspension or revocation of
charters of domestic corporations, certificates of authority authorizing
foreign corporations to do business within the Commonwealth of Pennsylvania,
licenses, permits, or prior approval granted to any enterprise by any
department or agency of the Commonwealth of Pennsylvania; or prohibiting the
enterprise from engaging in any business.
(2) In any proceeding under this subsection, the court shall proceed as soon as
practicable to the hearing and determination thereof. Pending final
determination, the court may enter preliminary or special injunctions, or take
such other actions, including the acceptance of satisfactory performance bonds,
as it may deem proper.
(3) A final judgment or decree rendered in favor of the Commonwealth of
Pennsylvania in any criminal proceeding under this section shall estop the
defendant from denying the essential allegations of the criminal offense in any
subsequent civil proceeding under this subsection.
(4) Proceedings under this subsection, at pretrial, trial and appellate levels,
shall be governed by the Pennsylvania Rules of Civil Procedure and all other
rules and procedures relating to civil actions, except to the extent
inconsistent with the provisions of this section.
(e) Enforcement.--
(1) The Attorney General shall have the power and duty to enforce the provisions
of this section, including the authority to issue civil investigative demands
pursuant to subsection (f), institute proceedings under subsection (d), and to
take such actions as may be necessary to ascertain and investigate alleged
violations of this section.
(2) The Attorney General and the district attorneys of the several counties
shall have concurrent authority to institute criminal proceedings under the
provisions of this section.
(3) Nothing contained in this subsection shall be construed to limit the
regulatory or investigative authority of any department or agency of the
Commonwealth whose functions might relate to persons, enterprises, or matters
falling within the scope of this section.
(f) Civil investigative demand.--
(1) Whenever the Attorney General has reason to believe that any person or
enterprise may be in possession, custody, or control of any documentary material
relevant to a racketeering investigation, he may issue in writing, and cause to
be served upon such person or enterprise, a civil investigative demand requiring
the production of such material for examination.
(2) Each such demand shall:
(i) state the nature of the conduct constituting the alleged racketeering
violation which is under investigation, the provision of law applicable thereto
and the connection between the documentary material demanded and the conduct
under investigation;
(ii) describe the class or classes of documentary material to be produced
thereunder with such definiteness and certainty as to permit such material to
be fairly identified;
(iii) state that the demand is returnable forthwith or prescribe a return date
which will provide a reasonable period of time within which the material so
demanded may be assembled and made available for inspection and copying or
reproduction;
(iv) identify a racketeering investigator to whom such material shall be made
available; and
(v) contain the following statement printed conspicuously at the top of the
demand: "You have the right to seek the assistance of any attorney and he may
represent you in all phases of the racketeering investigation of which this
civil investigative demand is a part."
(3) No such demand shall:
(i) contain any requirement which would be held to be unreasonable if contained
in a subpoena duces tecum issued by any court in connection with a grand jury
investigation of such alleged racketeering violation; or
(ii) require the production of any documentary evidence which would be
privileged from disclosure if demanded by a subpoena duces tecum issued by any
court in connection with a grand jury investigation of such alleged
racketeering violation.
(4) Service of any such demand or any petition filed under this subsection shall
be made in the manner prescribed by the Pennsylvania Rules of Civil Procedure
for service of writs and complaints.
(5) A verified return by the individual serving any such demand or petition
setting forth the manner of such service shall be prima facie proof of such
service. In the case of service by registered or certified mail, such return
shall be accompanied by the return post office receipt of delivery of such
demand.
(6)(i) Any party upon whom any demand issued under this subsection has been
duly served shall make such material available for inspection and copying or
reproduction to the racketeering investigator designated therein at the
principal place of business of such party, or at such other place as such
investigator and such party thereafter may agree or as the court may direct
pursuant to this subsection, on the return date specified in such demand. Such
party may upon agreement of the investigator substitute copies of all or any
part of such material for the originals thereof.
(ii) The racketeering investigator to whom any documentary material is so
delivered shall take physical possession thereof, and shall be responsible for
the use made thereof and for its return pursuant to this subsection. The
investigator may cause the preparation of such copies of such documentary
material as may be required for official use. While in the possession of the
investigator, no material so produced shall be available for examination,
without the consent of the party who produced such material, by any individual
other than the Attorney General or any racketeering investigator. Under such
reasonable terms and conditions as the Attorney General shall prescribe,
documentary material while in the possession of the investigator shall be
available for examination by the party who produced such material or any duly
authorized representatives of such party.
(iii) Upon completion of:
(A) the racketeering investigation for which any documentary material was
produced under this subsection; and
(B) any case or proceeding arising from such investigation;
the investigator shall return to the party who produced such material all such
material other than copies thereof made pursuant to this subsection which have
not passed into the control of any court or grand jury through introduction
into the record of such case or proceeding.
(iv) When any documentary material has been produced by any party under this
subsection for use in any racketeering investigation, and no case or proceeding
arising therefrom has been instituted within a reasonable time after completion
of the examination and analysis of all evidence assembled in the course of such
investigation, such party shall be entitled, upon written demand made upon the
Attorney General, to the return of all documentary material, other than copies
thereof made pursuant to this subsection, so produced by such party.
(7) Whenever any person or enterprise fails to comply with any civil
investigative demand duly served upon him under this subsection or whenever
satisfactory copying or reproduction of any such material cannot be done and
such party refuses to surrender such material, the Attorney General may file, in
the court of common pleas for any county in which such party resides or
transacts business, and serve upon such party a petition for an order of such
court for the enforcement of this subsection, except that if such person
transacts business in more than one county such petition shall be filed in the
county in which party maintains his or its principal place of business.
(8) Within 20 days after the service of any such demand upon any person or
enterprise, or at any time before the return date specified in the demand,
whichever period is shorter, such party may file, in the court of common pleas
of the county within which such party resides or transacts business, and serve
upon the Attorney General a petition for an order of such court modifying or
setting aside such demand. The time allowed for compliance with the demand in
whole or in part as deemed proper and ordered by the court shall not run during
the pendency of such petition in the court. Such petition shall specify each
ground upon which the petitioner relies in seeking such relief, and may be based
upon any failure of such demand to comply with the provisions of this subsection
or upon any constitutional or other legal right or privilege of such party.
(9) At any time during which the Attorney General is in custody or control of
any documentary material delivered by any party in compliance with any such
demand, such party may file, in the court of common pleas of the county within
which such documentary material was delivered, and serve upon the Attorney
General a petition for an order of such court requiring the performance of any
duty imposed by this subsection.
(10) Whenever any petition is filed in any court of common pleas under this
subsection, such court shall have jurisdiction to hear and determine the matter
so presented, and, after a hearing at which all parties are represented, to
enter such order or orders as may be required to carry into effect the
provisions of this subsection.
(g) Immunity.--Whenever any individual refuses, on the basis of his privilege
against self-incrimination, to comply with a civil investigative demand issued
pursuant to subsection (f) or to testify or produce other information in any
proceeding under subsection (d), the Attorney General may invoke the provisions of
42 Pa.C.S. s 5947 (relating to immunity of witnesses).
(h) Definitions.--As used in this section:
(1) "Racketeering activity" means all of the following:
(i) An act which is indictable under any of the following provisions of this
title:
Chapter 25 (relating to criminal homicide)
Section 2706 (relating to terroristic threats)
Chapter 29 (relating to kidnapping)
Chapter 30 (relating to trafficking of persons)
Chapter 33 (relating to arson, criminal mischief and other property
destruction)
Chapter 37 (relating to robbery)
Chapter 39 (relating to theft and related offenses)
Section 4108 (relating to commercial bribery and breach of duty to act
disinterestedly)
Section 4109 (relating to rigging publicly exhibited contest)
Section 4117 (relating to insurance fraud)
Chapter 47 (relating to bribery and corrupt influence)
Chapter 49 (relating to falsification and intimidation)
Section 5111 (relating to dealing in proceeds of unlawful activities)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling, etc.)
Section 5514 (relating to pool selling and bookmaking)
Chapter 59 (relating to public indecency).
(ii) An offense indictable under section 13 of the act of April 14, 1972 (P.L.
233, No. 64), [FN1] known as The Controlled Substance, Drug, Device and
Cosmetic Act (relating to the sale and dispensing of narcotic drugs).
(iii) A conspiracy to commit any of the offenses set forth in subparagraph (i),
(ii) and (v).
(iv) The collection of any money or other property in full or partial
satisfaction of a debt which arose as the result of the lending of money or
other property at a rate of interest exceeding 25% per annum or the equivalent
rate for a longer or shorter period, where not otherwise authorized by law.
(v) An offense indictable under 4 Pa.C.S. Pt. II (relating to gaming).
An act which otherwise would be considered racketeering activity by reason of
the application of this paragraph, shall not be excluded from its application
solely because the operative acts took place outside the jurisdiction of this
Commonwealth, if such acts would have been in violation of the law of the
jurisdiction in which they occurred.
(2) "Person" means any individual or entity capable of holding a legal or
beneficial interest in property.
(3) "Enterprise" means any individual, partnership, corporation, association or
other legal entity, and any union or group of individuals associated in fact
although not a legal entity, engaged in commerce and includes legitimate as well
as illegitimate entities and governmental entities.
(4) "Pattern of racketeering activity" refers to a course of conduct requiring
two or more acts of racketeering activity one of which occurred after the
effective date of this section.
(5) "Racketeering investigator" means an attorney, investigator or investigative
body so designated in writing by the Attorney General and charged with the duty
of enforcing or carrying into effect the provisions of this section.
(6) "Racketeering investigation" means any inquiry conducted by any racketeering
investigator for the purpose of ascertaining whether any person has been
involved in any violation of this section or of any order, judgment, or decree
of any court duly entered in any case or proceeding arising under this section.
(7) "Documentary material" means any book, paper, record, recording, tape,
report, memorandum, written communication, or other document relating to the
business affairs of any person or enterprise.
(8) "Organized crime" means any person or combination of persons engaging in or
having the purpose of engaging in conduct which violates any provision of
subsection (b) and also includes "organized crime" as defined in section 5702
(relating to definitions).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974, Dec.
30, P.L. 1044, No. 341, s 1, imd. effective; 1978, April 28, P.L. 202, No. 53, s
7(3), effective June 27, 1978; 1980, Oct. 5, P.L. 693, No. 142, s 213(a),
effective in 60 days; 1990, Feb. 7, P.L. 11, No. 6, s 1, effective in 60 days;
1996, June 19, P.L. 342, No. 55, s 1, imd. effective; 2006, Nov. 1, P.L. 1243,
No. 135, s 18, imd. effective; 2006, Nov. 9, P.L. 1340, No. 139, s 1, imd.
effective; 2006, Nov. 29, P.L. 1481, No. 168, s 1, effective in 60 days [Jan. 29,
2007].
[FN1] 35 P.S. s 780-113.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 912
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 912. Possession of weapon on school property
(a) Definition.--Notwithstanding the definition of "weapon" in section 907
(relating to possessing instruments of crime), "weapon" for purposes of this
section shall include but not be limited to any knife, cutting instrument, cutting
tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or
implement capable of inflicting serious bodily injury.
(b) Offense defined.--A person commits a misdemeanor of the first degree if he
possesses a weapon in the buildings of, on the grounds of, or in any conveyance
providing transportation to or from any elementary or secondary publicly-funded
educational institution, any elementary or secondary private school licensed by
the Department of Education or any elementary or secondary parochial school.
Defense.--It shall be a defense that the weapon is possessed and used in
conjunction with a lawful supervised school activity or course or is possessed for
other lawful purpose.
CREDIT(S)
1980, Oct. 16, P.L. 978, No. 167, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 913
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 9. Inchoate Crimes (Refs & Annos)
>>>> s 913. Possession of firearm or other dangerous weapon in court
facility
(a) Offense defined.--A person commits an offense if he:
(1) knowingly possesses a firearm or other dangerous weapon in a court facility
or knowingly causes a firearm or other dangerous weapon to be present in a court
facility; or
(2) knowingly possesses a firearm or other dangerous weapon in a court facility
with the intent that the firearm or other dangerous weapon be used in the
commission of a crime or knowingly causes a firearm or other dangerous weapon to
be present in a court facility with the intent that the firearm or other
dangerous weapon be used in the commission of a crime.
(b) Grading.--
(1) Except as otherwise provided in paragraph (3), an offense under subsection
(a)(1) is a misdemeanor of the third degree.
(2) An offense under subsection (a)(2) is a misdemeanor of the first degree.
(3) An offense under subsection (a)(1) is a summary offense if the person was
carrying a firearm under section 6106(b) (relating to firearms not to be carried
without a license) or 6109 (relating to licenses) and failed to check the
firearm under subsection (e) prior to entering the court facility.
Exceptions.--Subsection (a) shall not apply to:
(1) The lawful performance of official duties by an officer, agent or employee
of the United States, the Commonwealth or a political subdivision who is
authorized by law to engage in or supervise the prevention, detection,
investigation or prosecution of any violation of law.
(2) The lawful performance of official duties by a court official.
(3) The carrying of rifles and shotguns by instructors and participants in a
course of instruction provided by the Pennsylvania Game Commission under 34
Pa.C.S. s 2704 (relating to eligibility for license).
(4) Associations of veteran soldiers and their auxiliaries or members of
organized armed forces of the United States or the Commonwealth, including
reserve components, when engaged in the performance of ceremonial duties with
county approval.
(5) The carrying of a dangerous weapon or firearm unloaded and in a secure
wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an
exhibit or as a demonstration and who possesses written authorization from the
court to bring the dangerous weapon or firearm into the court facility.
(d) Posting of notice.--Notice of the provisions of subsections (a) and (e) shall
be posted conspicuously at each public entrance to each courthouse or other
building containing a court facility and each court facility, and no person shall
be convicted of an offense under subsection (a)(1) with respect to a court
facility if the notice was not so posted at each public entrance to the courthouse
or other building containing a court facility and at the court facility unless the
person had actual notice of the provisions of subsection (a).
(e) Facilities for checking firearms or other dangerous weapons.--Each county
shall make available at or within the building containing a court facility by July
1, 2002, lockers or similar facilities at no charge or cost for the temporary
checking of firearms by persons carrying firearms under section 6106(b) or 6109 or
for the checking of other dangerous weapons that are not otherwise prohibited by
law. Any individual checking a firearm, dangerous weapon or an item deemed to be
a dangerous weapon at a court facility must be issued a receipt. Notice of the
location of the facility shall be posted as required under subsection (d).
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Court facility." The courtroom of a court of record; a courtroom of a community
court; the courtroom of a magisterial district judge; a courtroom of the
Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a
courtroom of the Traffic Court of Philadelphia; judge's chambers; witness rooms;
jury deliberation rooms; attorney conference rooms; prisoner holding cells;
offices of court clerks, the district attorney, the sheriff and probation and
parole officers; and any adjoining corridors.
"Dangerous weapon." A bomb, grenade, blackjack, sandbag, metal knuckles, dagger,
knife (the blade of which is exposed in an automatic way by switch, push-button,
spring mechanism or otherwise) or other implement for the infliction of serious
bodily injury which serves no common lawful purpose.
"Firearm." Any weapon, including a starter gun, which will or is designed to
expel a projectile or projectiles by the action of an explosion, expansion of gas
or escape of gas. The term does not include any device designed or used
exclusively for the firing of stud cartridges, explosive rivets or similar
industrial ammunition.
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 1, effective in 120 days.
Amended 1995, Nov. 22, P.L. 621, No. 66, s 2, imd. effective; 1999, Dec. 15, P.L.
915, No. 59, s 1, effective in 60 days; 2004, Nov. 30, P.L. 1618, No. 207, s 2,
effective Jan. 31, 2005.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. I, Ch. 11, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1101
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1101. Fines
A person who has been convicted of an offense may be sentenced to pay a fine not
exceeding:
(1) $50,000, when the conviction is of murder or attempted murder.
(2) $25,000, when the conviction is of a felony of the first or second degree.
(3) $15,000, when the conviction is of a felony of the third degree.
(4) $10,000, when the conviction is of a misdemeanor of the first degree.
(5) $5,000, when the conviction is of a misdemeanor of the second degree.
(6) $2,500, when the conviction is of a misdemeanor of the third degree.
(7) $300, when the conviction is of a summary offense for which no higher fine
is established.
(8) Any higher amount equal to double the pecuniary gain derived from the
offense by the offender.
(9) Any higher or lower amount specifically authorized by statute.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974,
March 22, P.L. 210, No. 44, s 1, imd. effective; 1978, April 28, P.L. 202, No.
53, s 7(4), effective June 27, 1978; 1988, March 25, P.L. 262, No. 31, s 1,
effective in 60 days; 1995, March 9, P.L. 964, No. 3 (Spec. Sess. No. 1), s 1,
effective in 60 days; 1995, March 15, P.L. 970, No. 5 (Spec. Sess. No. 1), s 1,
effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1102
Effective: October 25, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1102. Sentence for murder, murder of unborn child and murder of law
enforcement officer
(a) First degree.--
(1) Except as provided under section 1102.1 (relating to sentence of persons
under the age of 18 for murder, murder of an unborn child and murder of a law
enforcement officer), a person who has been convicted of a murder of the first
degree or of murder of a law enforcement officer of the first degree shall be
sentenced to death or to a term of life imprisonment in accordance with 42
Pa.C.S. s 9711 (relating to sentencing procedure for murder of the first
degree).
(2) The sentence for a person who has been convicted of first degree murder of
an unborn child shall be the same as the sentence for murder of the first
degree, except that the death penalty shall not be imposed. This paragraph
shall not affect the determination of an aggravating circumstance under 42
Pa.C.S. s 9711(d)(17) for the killing of a pregnant woman.
(b) Second degree.--Except as provided under section 1102.1, a person who has been
convicted of murder of the second degree, of second degree murder of an unborn
child or of second degree murder of a law enforcement officer shall be sentenced
to a term of life imprisonment.
Attempt, solicitation and conspiracy.--Notwithstanding section 1103(1)
(relating to sentence of imprisonment for felony), a person who has been convicted
of attempt, solicitation or conspiracy to commit murder , murder of an unborn
child or murder of a law enforcement officer where serious bodily injury results
may be sentenced to a term of imprisonment which shall be fixed by the court at
not more than 40 years. Where serious bodily injury does not result, the person
may be sentenced to a term of imprisonment which shall be fixed by the court at
not more than 20 years.
(d) Third degree.--Notwithstanding section 1103, a person who has been convicted
of murder of the third degree or of third degree murder of an unborn child shall
be sentenced to a term which shall be fixed by the court at not more than 40
years.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974,
March 26, P.L. 213, No. 46, s 2, imd. effective; 1995, March 9, P.L. 964, No. 3
(Spec. Sess. No. 1), s 1, effective in 60 days; 1995, March 15, P.L. 970, No. 5
(Spec. Sess. No. 1), s 1, effective in 60 days; 1997, Oct. 2, P.L. 379, No. 44, s
1, effective in 180 days; 2008, Oct. 17, P.L. 1628, No. 131, s 1, effective in 60
days [Dec. 16, 2008]; 2012, Oct. 25, P.L. 1655, No. 204, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1102.1
Effective: October 25, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1102.1. Sentence of persons under the age of 18 for murder, murder of
an unborn child and murder of a law enforcement officer
(a) First degree murder.--A person who has been convicted after June 24, 2012, of
a murder of the first degree, first degree murder of an unborn child or murder of
a law enforcement officer of the first degree and who was under the age of 18 at
the time of the commission of the offense shall be sentenced as follows:
(1) A person who at the time of the commission of the offense was 15 years of
age or older shall be sentenced to a term of life imprisonment without parole,
or a term of imprisonment, the minimum of which shall be at least 35 years to
life.
(2) A person who at the time of the commission of the offense was under 15 years
of age shall be sentenced to a term of life imprisonment without parole, or a
term of imprisonment, the minimum of which shall be at least 25 years to life.
(b) Notice.--Reasonable notice to the defendant of the Commonwealth's intention to
seek a sentence of life imprisonment without parole under subsection (a) shall be
provided after conviction and before sentencing.
Second degree murder.--A person who has been convicted after June 24, 2012, of
a murder of the second degree, second degree murder of an unborn child or murder
of a law enforcement officer of the second degree and who was under the age of 18
at the time of the commission of the offense shall be sentenced as follows:
(1) A person who at the time of the commission of the offense was 15 years of
age or older shall be sentenced to a term of imprisonment the minimum of which
shall be at least 30 years to life.
(2) A person who at the time of the commission of the offense was under 15 years
of age shall be sentenced to a term of imprisonment the minimum of which shall
be at least 20 years to life.
(d) Findings.--In determining whether to impose a sentence of life without parole
under subsection (a), the court shall consider and make findings on the record
regarding the following:
(1) The impact of the offense on each victim, including oral and written victim
impact statements made or submitted by family members of the victim detailing
the physical, psychological and economic effects of the crime on the victim and
the victim's family. A victim impact statement may include comment on the
sentence of the defendant.
(2) The impact of the offense on the community.
(3) The threat to the safety of the public or any individual posed by the
defendant.
(4) The nature and circumstances of the offense committed by the defendant.
(5) The degree of the defendant's culpability.
(6) Guidelines for sentencing and resentencing adopted by the Pennsylvania
Commission on Sentencing.
(7) Age-related characteristics of the defendant, including:
(i) Age.
(ii) Mental capacity.
(iii) Maturity.
(iv) The degree of criminal sophistication exhibited by the defendant.
(v) The nature and extent of any prior delinquent or criminal history,
including the success or failure of any previous attempts by the court to
rehabilitate the defendant.
(vi) Probation or institutional reports.
(vii) Other relevant factors.
(e) Minimum sentence.--Nothing under this section shall prevent the sentencing
court from imposing a minimum sentence greater than that provided in this section.
Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing may
not supersede the mandatory minimum sentences provided under this section.
(f) Appeal by Commonwealth.--If a sentencing court refuses to apply this section
where applicable, the Commonwealth shall have the right to appellate review of the
action of the sentencing court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a sentence in accordance
with this section if it finds that the sentence was imposed in violation of this
section.
CREDIT(S)
2012, Oct. 25, P.L. 1655, No. 204, s 2, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1103. Sentence of imprisonment for felony
Except as provided in 42 Pa.C.S. s 9714 (relating to sentences for second and
subsequent offenses), a person who has been convicted of a felony may be sentenced
to imprisonment as follows:
(1) In the case of a felony of the first degree, for a term which shall be fixed
by the court at not more than 20 years.
(2) In the case of a felony of the second degree, for a term which shall be
fixed by the court at not more than ten years.
(3) In the case of a felony of the third degree, for a term which shall be fixed
by the court at not more than seven years.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, Oct.
11, P.L. 1058, No. 21 (Spec. Sess. No. 1) s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1104. Sentence of imprisonment for misdemeanors
A person who has been convicted of a misdemeanor may be sentenced to imprisonment
for a definite term which shall be fixed by the court and shall be not more than:
(1) Five years in the case of a misdemeanor of the first degree.
(2) Two years in the case of a misdemeanor of the second degree.
(3) One year in the case of a misdemeanor of the third degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1105
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1105. Sentence of imprisonment for summary offenses
A person who has been convicted of a summary offense may be sentenced to
imprisonment for a term which shall be fixed by the court at not more than 90
days.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1106
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1106. Restitution for injuries to person or property
(a) General rule.--Upon conviction for any crime wherein property has been stolen,
converted or otherwise unlawfully obtained, or its value substantially decreased
as a direct result of the crime, or wherein the victim suffered personal injury
directly resulting from the crime, the offender shall be sentenced to make
restitution in addition to the punishment prescribed therefor.
(b) Condition of probation or parole.--Whenever restitution has been ordered
pursuant to subsection (a) and the offender has been placed on probation or
parole, his compliance with such order may be made a condition of such probation
or parole.
Mandatory restitution.--
(1) The court shall order full restitution:
(i) Regardless of the current financial resources of the defendant, so as to
provide the victim with the fullest compensation for the loss. The court shall
not reduce a restitution award by any amount that the victim has received from
the Crime Victim's Compensation Board or other governmental agency but shall
order the defendant to pay any restitution ordered for loss previously
compensated by the board to the Crime Victim's Compensation Fund or other
designated account when the claim involves a government agency in addition to
or in place of the board. The court shall not reduce a restitution award by
any amount that the victim has received from an insurance company but shall
order the defendant to pay any restitution ordered for loss previously
compensated by an insurance company to the insurance company.
(ii) If restitution to more than one person is set at the same time, the court
shall set priorities of payment. However, when establishing priorities, the
court shall order payment in the following order:
(A) The victim.
(B) The Crime Victim's Compensation Board.
Any other government agency which has provided reimbursement to the
victim as a result of the defendant's criminal conduct.
(D) Any insurance company which has provided reimbursement to the victim as a
result of the defendant's criminal conduct.
(2) At the time of sentencing the court shall specify the amount and method of
restitution. In determining the amount and method of restitution, the court:
(i) Shall consider the extent of injury suffered by the victim, the victim's
request for restitution as presented to the district attorney in accordance
with paragraph (4) and such other matters as it deems appropriate.
(ii) May order restitution in a lump sum, by monthly installments or according
to such other schedule as it deems just.
(iii) Shall not order incarceration of a defendant for failure to pay
restitution if the failure results from the offender's inability to pay.
(iv) Shall consider any other preexisting orders imposed on the defendant,
including, but not limited to, orders imposed under this title or any other
title.
(3) The court may, at any time or upon the recommendation of the district
attorney that is based on information received from the victim and the probation
section of the county or other agent designated by the county commissioners of
the county with the approval of the president judge to collect restitution,
alter or amend any order of restitution made pursuant to paragraph (2),
provided, however, that the court states its reasons and conclusions as a matter
of record for any change or amendment to any previous order.
(4) (i) It shall be the responsibility of the district attorneys of the
respective counties to make a recommendation to the court at or prior to the
time of sentencing as to the amount of restitution to be ordered. This
recommendation shall be based upon information solicited by the district
attorney and received from the victim.
(ii) Where the district attorney has solicited information from the victims as
provided in subparagraph (i) and has received no response, the district
attorney shall, based on other available information, make a recommendation to
the court for restitution.
(iii) The district attorney may, as appropriate, recommend to the court that
the restitution order be altered or amended as provided in paragraph (3).
(d) Limitations on district justices.--Restitution ordered by a magisterial
district judge shall be limited to the return of the actual property or its
undisputed dollar amount or, where the claim for restitution does not exceed the
civil jurisdictional limit specified in 42 Pa.C.S. s 1515(a)(3) (relating to
jurisdiction) and is disputed as to amount, the magisterial district judge shall
determine and order the dollar amount of restitution to be made.
(e) Restitution payments and records.--Restitution, when ordered by a judge, shall
be made by the offender to the probation section of the county in which he was
convicted or to another agent designated by the county commissioners with the
approval of the president judge of the county to collect restitution according to
the order of the court or, when ordered by a magisterial district judge, shall be
made to the magisterial district judge. The probation section or other agent
designated by the county commissioners of the county with the approval of the
president judge to collect restitution and the magisterial district judge shall
maintain records of the restitution order and its satisfaction and shall forward
to the victim the property or payments made pursuant to the restitution order.
(f) Noncompliance with restitution order.--Whenever the offender shall fail to
make restitution as provided in the order of a judge, the probation section or
other agent designated by the county commissioners of the county with the approval
of the president judge to collect restitution shall notify the court within 20
days of such failure. Whenever the offender shall fail to make restitution within
20 days to a magisterial district judge, as ordered, the magisterial district
judge shall declare the offender in contempt and forward the case to the court of
common pleas. Upon such notice of failure to make restitution, or upon receipt of
the contempt decision from a magisterial district judge, the court shall order a
hearing to determine if the offender is in contempt of court or has violated his
probation or parole.
(g) Preservation of private remedies.--No judgment or order of restitution shall
debar the owner of the property or the victim who sustained personal injury, by
appropriate action, to recover from the offender as otherwise provided by law,
provided that any civil award shall be reduced by the amount paid under the
criminal judgment.
(h) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Crime." Any offense punishable under this title or by a magisterial district
judge.
"Injury to property." Loss of real or personal property, including negotiable
instruments, or decrease in its value, directly resulting from the crime.
"Offender." Any person who has been found guilty of any crime.
"Personal injury." Actual bodily harm, including pregnancy, directly resulting
from the crime.
"Property." Any real or personal property, including currency and negotiable
instruments, of the victim.
"Restitution." The return of the property of the victim or payments in cash or
the equivalent thereof pursuant to an order of the court.
"Victim." As defined in section 479.1 of the act of April 9, 1929 (P.L. 177, No.
175), known as The Administrative Code of 1929. [FN1] The term includes the Crime
Victim's Compensation Fund if compensation has been paid by the Crime Victim's
Compensation Fund to the victim and any insurance company that has compensated the
victim for loss under an insurance contract.
CREDIT(S)
1976, June 18, P.L. 394, No. 86, s 1, effective in 60 days. Amended 1978, April
28, P.L. 202, No. 53, s 7(5), effective June 27, 1978; 1995, May 3, P.L. 999, No.
12 (Spec. Sess. No. 1), s 1, effective in 60 days; 1998, Dec. 3, P.L. 933, No.
121, s 1, imd. effective; 2004, Nov. 30, P.L. 1618, No. 207, s 3, effective Jan.
31, 2005.
[FN1] 71 P.S. s 180-9.1.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1107
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1107. Restitution for theft of timber
Any person convicted for the theft of standing timber under section 3921 (relating
to theft by unlawful taking or disposition) shall, in addition to any other
sentence imposed, be sentenced to pay the owner of the timber restitution in an
amount twice the value of the timber taken.
CREDIT(S)
1984, Oct. 11, P.L. 892, No. 173, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1107.1
Effective: November 17, 2009
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1107.1. Restitution for identity theft
(a) General rule.--The court shall, in addition to any other restitution sentence
or order authorized by law, sentence a person convicted of a violation of section
4106 (relating to access device fraud) or 4120 (relating to identity theft) to
make restitution for all reasonable expenses incurred by the victim or on the
victim's behalf:
(1) to investigate theft of the victim's identity;
(2) to bring or defend civil or criminal actions related to theft of the
victim's identity; or
(3) to take other efforts to correct the victim's credit record or negative
credit reports related to theft of the victim's identity.
(b) Types of expenses.--The types of expenses recoverable under this section
include, but are not limited to:
(1) fees for professional services by attorneys or accountants;
(2) fees and costs imposed by credit bureaus, associated with efforts to correct
the victim's credit record, incurred in private investigations or associated
with contesting unwarranted debt collections; and
(3) court costs and filing fees.
CREDIT(S)
2009, Sept. 18, P.L. 391, No. 42, s 1, effective in 60 days [Nov. 17, 2009].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1108
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1108. District attorneys' standing and interest in prisoner
litigation
The district attorney shall receive written notice of, and shall have automatic
standing and a legal interest in, any proceeding which may involve the release or
nonadmission of county prisoners, delinquents or detainees due to the fact,
duration or other conditions of custody. In addition to the district attorney's
rights in such a proceeding, the district attorney may seek any equitable relief
necessary to protect the district attorney's interest in the continued
institutional custody and admission of county prisoners, delinquents or detainees.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1109
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1109. Costs
In addition to any other sentence imposed, the court may order an offender to pay
the cost of any reward paid for the apprehension and conviction of the offender.
CREDIT(S)
1995, Sept. 26, P.L. 1056, No. 20 (Spec. Sess. No. 1), s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1110
Effective: January 18, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part I. Preliminary Provisions
+ Chapter 11. Authorized Disposition of Offenders (Refs & Annos)
>>>> s 1110. Restitution for cleanup of clandestine laboratories
(a) General rule.--When any person is convicted of an offense under The Controlled
Substance, Drug, Device and Cosmetic Act [FN1] involving the manufacture of a
controlled substance, the court shall order the person to make restitution for the
costs incurred in the cleanup, including labor costs, equipment and supplies, of
any clandestine laboratory used by the person to manufacture the controlled
substance.
(b) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Clandestine laboratory." A location or site, including buildings or vehicles, in
which glassware, heating devices, precursors or related reagents or solvents which
are intended to be used or are used to unlawfully manufacture a controlled
substance are located.
"Cleanup." Actions necessary to contain, collect, control, identify, analyze,
disassemble, treat, remove or otherwise disperse all substances and materials in a
clandestine laboratory, including those found to be hazardous waste and any
contamination caused by those substances or materials.
"The Controlled Substance, Drug, Device and Cosmetic Act." The act of April 14,
1972 (P.L. 233, No. 64), [FN1] known as The Controlled Substance, Drug, Device
and Cosmetic Act.
CREDIT(S)
2004, Nov. 19, P.L. 848, No. 109, s 1, effective Jan. 18, 2005.
[FN1] 35 P.S. s 780-101 et seq.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. I, Ch. 13, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
TRANSFER
<Section 401(a) of Act 1980, Oct. 5, P.L. 693, No. 142 transferred Chapter
13 of this title to Chapter 97 of Title 42 of the Pennsylvania Consolidated
Statutes, 42 Pa.C.S.A. s 9701 et seq.>
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1381
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Sentencing Council [Repealed]
>>>> ss 1381, 1382. Repealed. 1978, Nov. 26, P.L. 1316, No. 319, s 2,
effective Jan. 1, 1979
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1382
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Sentencing Council [Repealed]
>>>> ss 1381, 1382. Repealed. 1978, Nov. 26, P.L. 1316, No. 319, s 2,
effective Jan. 1, 1979
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1381
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Pennsylvania Commission on Sentencing [Repealed]
>>>> ss 1381 to 1385. Repealed. 1980, Oct. 5, P.L. 693, No. 142, s 218(d),
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1382
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Pennsylvania Commission on Sentencing [Repealed]
>>>> ss 1381 to 1385. Repealed. 1980, Oct. 5, P.L. 693, No. 142, s 218(d),
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1383
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Pennsylvania Commission on Sentencing [Repealed]
>>>> ss 1381 to 1385. Repealed. 1980, Oct. 5, P.L. 693, No. 142, s 218(d),
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1384
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Pennsylvania Commission on Sentencing [Repealed]
>>>> ss 1381 to 1385. Repealed. 1980, Oct. 5, P.L. 693, No. 142, s 218(d),
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1385
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Pennsylvania Commission on Sentencing [Repealed]
>>>> ss 1381 to 1385. Repealed. 1980, Oct. 5, P.L. 693, No. 142, s 218(d),
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 1386
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part I. Preliminary Provisions
+ Chapter 13. Authority of Court in Sentencing [Transferred or Repealed]
(Refs & Annos)
+ Subchapter G. Pennsylvania Commission on Sentencing [Repealed]
>>>> s 1386. Transferred to 42 Pa.C.S.A. s 9781
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2101
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article A. Offenses Against Existence or Stability of Government
+ Chapter 21. Offenses Against the Flag
>>>> s 2101. Display of flag at public meetings
(a) Offense defined.--A person is guilty of a summary offense if, being directly
or indirectly in charge of any public gathering, in any place, he fails at such
gathering to display publicly and visibly the flag of the United States reasonably
clean and in good repair.
(b) Exceptions.--
(1) Subsection (a) of this section does not apply to gatherings for religious
worship.
(2) The provisions of subsection (a) of this section do not prohibit the
exhibition of torn, soiled or worn flags of the United States which have
historical significance when exhibited in conjunction with the type of flag
required by subsection (a) of this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2102
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article A. Offenses Against Existence or Stability of Government
+ Chapter 21. Offenses Against the Flag
>>>> s 2102. Desecration of flag
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if,
in any manner, he:
(1) for exhibition or display places any marks, writing or design of any nature
or any advertisement upon any flag;
(2) exposes to public view any such marked or defiled flag;
(3) manufactures, sells, exposes for sale, gives away, or has in his possession
for any of such purposes any article which uses the flag for the purposes of
advertisement, sale or trade; or
(4) publicly or privately mutilates, defaces, defiles, or tramples upon, or
casts contempt in any manner upon any flag.
(b) Exception.--Subsection (a) of this section does not apply:
(1) To any act permitted by the statutes of the United States, or by the
regulations of the armed forces of the United States.
(2) In a case where the government of the United States has granted the use of
such flag, standard, color, or ensign as a trademark.
(3) To any writing or instrument, or stationery for use in correspondence on any
of which shall be printed, painted, or placed said flag, disconnected from any
advertisement for the purpose of sale or trade.
(4) To any patriotic or political demonstration or decorations.
Definition.--As used in this section the word "flag" shall include any flag,
standard, color, ensign or any picture or representation of any thereof, made of
any substance or represented on any substance and of any size, purporting to be a
flag, standard, color or ensign of the United States or of the Commonwealth, or a
picture or a representation of any thereof, upon which shall be shown the colors
or any color, or any combination of colors, or either the stars or the stripes, or
the stars and the stripes, in any number of either thereof, or anything which the
person seeing the same, may reasonably believe the same to represent the flag,
colors, standard or ensign of the United States or of the Commonwealth.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article A. Offenses Against Existence or Stability of Government
+ Chapter 21. Offenses Against the Flag
>>>> s 2103. Insults to national or Commonwealth flag
A person is guilty of a misdemeanor of the second degree if he maliciously takes
down, defiles, injures, removes or in any manner damages, insults, or destroys any
American flag or the flag of the Commonwealth which is displayed anywhere.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2301
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 23. General Provisions
>>>> s 2301. Definitions
Subject to additional definitions contained in subsequent provisions of this
article which are applicable to specific chapters or other provisions of this
article, the following words and phrases, when used in this article shall have,
unless the context clearly indicates otherwise, the meanings given to them in this
section:
"Bodily injury." Impairment of physical condition or substantial pain.
"Deadly weapon." Any firearm, whether loaded or unloaded, or any device designed
as a weapon and capable of producing death or serious bodily injury, or any other
device or instrumentality which, in the manner in which it is used or intended to
be used, is calculated or likely to produce death or serious bodily injury.
"Serious bodily injury." Bodily injury which creates a substantial risk of death
or which causes serious, permanent disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
"Serious provocation." Conduct sufficient to excite an intense passion in a
reasonable person.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Ch. 25, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
+ Chapter 25. Criminal Homicide
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2501
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 25. Criminal Homicide (Refs & Annos)
>>>> s 2501. Criminal homicide
(a) Offense defined.--A person is guilty of criminal homicide if he intentionally,
knowingly, recklessly or negligently causes the death of another human being.
(b) Classification.--Criminal homicide shall be classified as murder, voluntary
manslaughter, or involuntary manslaughter.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2502
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 25. Criminal Homicide (Refs & Annos)
>>>> s 2502. Murder
(a) Murder of the first degree.--A criminal homicide constitutes murder of the
first degree when it is committed by an intentional killing.
(b) Murder of the second degree.--A criminal homicide constitutes murder of the
second degree when it is committed while defendant was engaged as a principal or
an accomplice in the perpetration of a felony.
Murder of the third degree.--All other kinds of murder shall be murder of the
third degree. Murder of the third degree is a felony of the first degree.
(d) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Fireman." Includes any employee or member of a municipal fire department or
volunteer fire company.
"Hijacking." Any unlawful or unauthorized seizure or exercise of control, by
force or violence or threat of force or violence.
"Intentional killing." Killing by means of poison, or by lying in wait, or by any
other kind of willful, deliberate and premeditated killing.
"Perpetration of a felony." The act of the defendant in engaging in or being an
accomplice in the commission of, or an attempt to commit, or flight after
committing, or attempting to commit robbery, rape, or deviate sexual intercourse
by force or threat of force, arson, burglary or kidnapping.
"Principal." A person who is the actor or perpetrator of the crime.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974,
March 26, P.L. 213, No. 46, s 4, imd. effective; 1978, April 28, P.L. 84, No. 39,
s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2503
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 25. Criminal Homicide (Refs & Annos)
>>>> s 2503. Voluntary manslaughter
(a) General rule.--A person who kills an individual without lawful justification
commits voluntary manslaughter if at the time of the killing he is acting under a
sudden and intense passion resulting from serious provocation by:
(1) the individual killed; or
(2) another whom the actor endeavors to kill, but he negligently or accidentally
causes the death of the individual killed.
(b) Unreasonable belief killing justifiable.--A person who intentionally or
knowingly kills an individual commits voluntary manslaughter if at the time of the
killing he believes the circumstances to be such that, if they existed, would
justify the killing under Chapter 5 of this title (relating to general principles
of justification), but his belief is unreasonable.
Grading.--Voluntary manslaughter is a felony of the first degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, Nov.
17, P.L. 1144, No. 36 (Spec. Sess. No. 1), s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2504
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 25. Criminal Homicide (Refs & Annos)
>>>> s 2504. Involuntary manslaughter
(a) General rule.--A person is guilty of involuntary manslaughter when as a direct
result of the doing of an unlawful act in a reckless or grossly negligent manner,
or the doing of a lawful act in a reckless or grossly negligent manner, he causes
the death of another person.
(b) Grading.--Involuntary manslaughter is a misdemeanor of the first degree.
Where the victim is under 12 years of age and is in the care, custody or control
of the person who caused the death, involuntary manslaughter is a felony of the
second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973; Amended 1995, July
6, P.L. 251, No. 31, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2505
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 25. Criminal Homicide (Refs & Annos)
>>>> s 2505. Causing or aiding suicide
(a) Causing suicide as criminal homicide.--A person may be convicted of criminal
homicide for causing another to commit suicide only if he intentionally causes
such suicide by force, duress or deception.
(b) Aiding or soliciting suicide as an independent offense.--A person who
intentionally aids or solicits another to commit suicide is guilty of a felony of
the second degree if his conduct causes such suicide or an attempted suicide, and
otherwise of a misdemeanor of the second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2506
Effective: September 6, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 25. Criminal Homicide (Refs & Annos)
>>>> s 2506. Drug delivery resulting in death
(a) Offense defined.--A person commits a felony of the first degree if the person
intentionally administers, dispenses, delivers, gives, prescribes, sells or
distributes any controlled substance or counterfeit controlled substance in
violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L. 233, No.
64), [FN1] known as The Controlled Substance, Drug, Device and Cosmetic Act, and
another person dies as a result of using the substance.
(b) Penalty.--A person convicted under subsection (a) shall be sentenced to a term
of imprisonment which shall be fixed by the court at not more than 40 years.
Deleted by 1998, Feb. 18, P.L. 102, No. 19, s 1, effective in 60 days.
(d), (e) Deleted by 2011, July 7, P.L. 220, No. 40, s 1, effective in 60 days
[Sept. 6, 2011].
(f) Forfeiture.--Assets against which a forfeiture petition has been filed and is
pending or against which the Commonwealth has indicated an intention to file a
forfeiture petition shall not be subject to a fine. Nothing in this section shall
prevent a fine from being imposed on assets which have been subject to an
unsuccessful forfeiture petition.
CREDIT(S)
1989, Dec. 22, P.L. 773, No. 109, s 1, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 1, effective in 60 days; 2011, July 7, P.L. 220, No. 40, s 1,
effective in 60 days [Sept. 6, 2011].
[FN1] 35 P.S. s 780-113(a)(14) or (30).
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2507
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 25. Criminal Homicide (Refs & Annos)
>>>> s 2507. Criminal homicide of law enforcement officer
(a) Murder of a law enforcement officer of the first degree.--A person commits
murder of a law enforcement officer of the first degree who intentionally kills a
law enforcement officer while in the performance of duty knowing the victim is a
law enforcement officer.
(b) Murder of a law enforcement officer of the second degree.--A person commits
murder of a law enforcement officer of the second degree who engages as a
principal or an accomplice in the perpetration of a felony during which a law
enforcement officer is killed while in the performance of duty.
Manslaughter of a law enforcement officer in the first degree.--A person
commits a felony in the first degree who does any of the following:
(1) Without lawful justification kills a law enforcement officer while in the
performance of duty and with knowledge that the victim was a law enforcement
officer, if at the time of the killing:
(i) the person is acting under a sudden and intense passion resulting from
serious provocation by the victim killed; or
(ii) the person is acting under a sudden and intense passion resulting from
serious provocation by another individual whom the actor endeavors to kill, but
the person negligently or accidentally causes the death of the victim.
(2) Intentionally or knowingly kills a law enforcement officer while in the
performance of duty and with knowledge that the victim was a law enforcement
officer, if at the time of the killing the person believes the circumstances to
be such that, if they existed, would justify the killing under Chapter 5
(relating to general principles of justification), but his belief is
unreasonable.
(d) Manslaughter of a law enforcement officer in the second degree.--A person
commits a felony of the second degree who, as a direct result of the doing of an
unlawful or lawful act in a reckless or grossly negligent manner, causes the death
of a law enforcement officer while in the performance of duty and the person knew
or should have known the victim was a law enforcement officer.
(e) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Law enforcement officer." This term shall have the same meaning as the term
"peace officer" is given under section 501 (relating to definitions).
"Perpetration of a felony." As defined under section 2502(d) (relating to
murder).
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 1.1, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Ch. 26, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
+ Chapter 26. Crimes Against Unborn Child
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2601
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2601. Short title of chapter
This chapter shall be known and may be cited as the Crimes Against the Unborn
Child Act.
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2602
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2602. Definitions
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Abortion." As defined in section 3203 (relating to definitions).
"Intentional killing." Killing by means of poison, or by lying in wait, or by any
other kind of willful, deliberate and premeditated killing.
"Murder." As used in this chapter, the term includes the same element of malice
which is required to prove murder under Chapter 25 (relating to criminal
homicide).
"Perpetration of a felony." As defined in section 2502(d) (relating to murder).
"Principal." As defined in section 2502(d) (relating to murder).
"Serious bodily injury." Bodily injury which creates a substantial risk of death
or which causes serious, permanent disfigurement or protracted loss or impairment
of the function of any bodily member or organ.
"Serious provocation." As defined in section 2301 (relating to definitions).
"Unborn child." As defined in section 3203 (relating to definitions).
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2603
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2603. Criminal homicide of unborn child
(a) Offense defined.--An individual commits criminal homicide of an unborn child
if the individual intentionally, knowingly, recklessly or negligently causes the
death of an unborn child in violation of section 2604 (relating to murder of
unborn child) or 2605 (relating to voluntary manslaughter of unborn child).
(b) Classification.--Criminal homicide of an unborn child shall be classified as
murder of an unborn child or voluntary manslaughter of an unborn child.
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2604
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2604. Murder of unborn child
(a) First degree murder of unborn child.--
(1) A criminal homicide of an unborn child constitutes first degree murder of an
unborn child when it is committed by an intentional killing.
(2) The penalty for first degree murder of an unborn child shall be imposed in
accordance with section 1102(a)(2) (relating to sentence for murder and murder
of an unborn child).
(b) Second degree murder of unborn child.--
(1) A criminal homicide of an unborn child constitutes second degree murder of
an unborn child when it is committed while the defendant was engaged as a
principal or an accomplice in the perpetration of a felony.
(2) The penalty for second degree murder of an unborn child shall be the same as
for murder of the second degree.
Third degree murder of unborn child.--
(1) All other kinds of murder of an unborn child shall be third degree murder of
an unborn child.
(2) The penalty for third degree murder of an unborn child is the same as the
penalty for murder of the third degree.
CREDIT(S)
1997 Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2605
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2605. Voluntary manslaughter of unborn child
(a) Offense defined.--A person who kills an unborn child without lawful
justification commits voluntary manslaughter of an unborn child if at the time of
the killing he is acting under a sudden and intense passion resulting from serious
provocation by:
(1) the mother of the unborn child whom the actor endeavors to kill, but he
negligently or accidentally causes the death of the unborn child; or
(2) another whom the actor endeavors to kill, but he negligently or accidentally
causes the death of the unborn child.
(b) Unreasonable belief killing justifiable.--A person who intentionally or
knowingly kills an unborn child commits voluntary manslaughter of an unborn child
if at the time of the killing he believes the circumstances to be such that, if
they existed, would justify the killing under Chapter 5 (relating to general
principles of justification) but his belief is unreasonable.
Penalty.--The penalty for voluntary manslaughter of an unborn child shall be
the same as the penalty for voluntary manslaughter.
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2606
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2606. Aggravated assault of unborn child
(a) Offense.--A person commits aggravated assault of an unborn child if he
attempts to cause serious bodily injury to the unborn child or causes such injury
intentionally, knowingly or recklessly under circumstances manifesting extreme
indifference to the life of the unborn child.
(b) Grading.--Aggravated assault of an unborn child is a felony of the first
degree.
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2607
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2607. Culpability
In any criminal prosecution pursuant to this chapter, the provisions of Chapter 3
(relating to culpability) shall apply, except that:
(1) The term "different person" as used in section 303(b) and (relating to
causal relationship between conduct and result) shall also include an unborn
child.
(2) The term "victim" as used in section 311 (relating to consent) shall not
include the mother of the unborn child.
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2608
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2608. Nonliability and defenses
(a) Nonliability.--Nothing in this chapter shall impose criminal liability:
(1) For acts committed during any abortion or attempted abortion, whether lawful
or unlawful, in which the pregnant woman cooperated or consented.
(2) For the consensual or good faith performance of medical practice, including
medical procedures, diagnostic testing or therapeutic treatment, the use of an
intrauterine device or birth control pill to inhibit or prevent ovulation,
fertilization or the implantation of a fertilized ovum within the uterus.
(3) Upon the pregnant woman in regard to crimes against her unborn child.
(b) Defenses.--In any prosecution pursuant to this chapter, it shall be a defense
that:
(1) The use of force that caused death or serious bodily injury to the unborn
child would have been justified pursuant to Chapter 5 (relating to general
principles of justification) if it caused death or serious bodily injury to the
mother.
(2) Death or serious bodily injury to the unborn child was caused by the use of
force which would have been justified pursuant to Chapter 5 if the same level of
force was used upon or toward the mother.
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2609
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 26. Crimes Against Unborn Child (Refs & Annos)
>>>> s 2609. Construction
The provisions of this chapter shall not be construed to prohibit the prosecution
of an offender under any other provision of law.
CREDIT(S)
1997, Oct. 2, P.L. 379, No. 44, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Ch. 27, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
+ Chapter 27. Assault
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2701
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2701. Simple assault
(a) Offense defined.--A person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily
injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious
bodily injury; or
(4) conceals or attempts to conceal a hypodermic needle on his person and
intentionally or knowingly penetrates a law enforcement officer or an officer or
an employee of a correctional institution, county jail or prison, detention
facility or mental hospital during the course of an arrest or any search of the
person.
(b) Grading.--Simple assault is a misdemeanor of the second degree unless
committed:
(1) in a fight or scuffle entered into by mutual consent, in which case it is a
misdemeanor of the third degree; or
(2) against a child under 12 years of age by an adult 21 years of age or older,
in which case it is a misdemeanor of the first degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988, Dec.
19, P.L. 1275, No. 158, s 1, effective in 60 days; 2001, June 22, P.L. 605, No.
48, s 1, effective in 60 days; 2002, Dec. 9, P.L. 1391, No. 172, s 1, effective
in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2702
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2702. Aggravated assault
(a) Offense defined.--A person is guilty of aggravated assault if he:
(1) attempts to cause serious bodily injury to another, or causes such injury
intentionally, knowingly or recklessly under circumstances manifesting extreme
indifference to the value of human life;
(2) attempts to cause or intentionally, knowingly or recklessly causes serious
bodily injury to any of the officers, agents, employees or other persons
enumerated in subsection or to an employee of an agency, company or other
entity engaged in public transportation, while in the performance of duty;
(3) attempts to cause or intentionally or knowingly causes bodily injury to any
of the officers, agents, employees or other persons enumerated in subsection
, in the performance of duty;
(4) attempts to cause or intentionally or knowingly causes bodily injury to
another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly causes bodily injury to a
teaching staff member, school board member or other employee, including a
student employee, of any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school licensed by the
Department of Education or any elementary or secondary parochial school while
acting in the scope of his or her employment or because of his or her employment
relationship to the school;
(6) attempts by physical menace to put any of the officers, agents, employees or
other persons enumerated in subsection , while in the performance of duty, in
fear of imminent serious bodily injury; or
(7) uses tear or noxious gas as defined in section 2708(b) (relating to use of
tear or noxious gas in labor disputes) or uses an electric or electronic
incapacitation device against any officer, employee or other person enumerated
in subsection while acting in the scope of his employment.
(b) Grading.--Aggravated assault under subsection (a)(1) and (2) is a felony of
the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6) and
(7) is a felony of the second degree.
Officers, employees, etc., enumerated.--The officers, agents, employees and
other persons referred to in subsection (a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution, county jail or prison,
juvenile detention center or any other facility to which the person has been
ordered by the court pursuant to a petition alleging delinquency under 42
Pa.C.S. Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any Federal, State or local
law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A magisterial district judge.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or other employee, including
a student employee, of any elementary or secondary publicly funded educational
institution, any elementary or secondary private school licensed by the
Department of Education or any elementary or secondary parochial school while
acting in the scope of his or her employment or because of his or her employment
relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
(32) Member of the General Assembly.
(33) An employee of the Department of Environmental Protection.
(34) An individual engaged in the private detective business as defined in
section 2(a) and (b) of the act of August 21, 1953 (P.L. 1273, No. 361), [FN1]
known as The Private Detective Act of 1953.
(35) An employee or agent of a county children and youth social service agency
or of the legal representative of such agency.
(36) A public utility employee or an employee of an electric cooperative.
(37) A wildlife conservation officer or deputy wildlife conservation officer of
the Pennsylvania Game Commission.
(38) A waterways conservation officer or deputy waterways conservation officer
of the Pennsylvania Fish and Boat Commission.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Electric or electronic incapacitation device." 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 operated 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.
"Emergency medical services personnel." The term includes, but is not limited to,
doctors, residents, interns, registered nurses, licensed practical nurses, nurse
aides, ambulance attendants and operators, paramedics, emergency medical
technicians and members of a hospital security force while working within the
scope of their employment.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1980, Oct.
1, P.L. 689, No. 139, s 1, effective in 60 days; 1980, Oct. 16, P.L. 978, No.
167, s 2, effective in 60 days; 1986, Dec. 11, P.L. 1517, No. 164, s 1, effective
in 60 days; 1990, Feb. 2, P.L. 6, No. 4, s 1, effective in 60 days; 1995, July
6, P.L. 238, No. 27, s 1, effective in 60 days; 1996, Feb. 23, P.L. 17, No. 7, s
1, effective in 60 days; 1996, July 2, P.L. 478, No. 75, s 1, effective in 60
days; 1998, Dec. 21, P.L. 1245, No. 159, s 1, effective in 60 days; 2002, Nov.
6, P.L. 1096, No. 132, s 3, effective in 60 days; 2004, Nov. 29, P.L. 1349, No.
173, s 1, effective in 60 days [Jan. 28, 2005]; 2004, Nov. 30, P.L. 1618, No.
207, s 4, effective in 60 days [Jan. 31, 2005]; 2012, Oct. 24, P.L. 1205, No.
150, s 1, effective in 60 days [Dec. 24, 2012].
[FN1] 22 P.S. s 12.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2702.1
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2702.1. Assault of law enforcement officer
(a) Assault of a law enforcement officer in the first degree.--A person commits a
felony of the first degree who attempts to cause or intentionally or knowingly
causes bodily injury to a law enforcement officer, while in the performance of
duty and with knowledge that the victim is a law enforcement officer, by
discharging a firearm.
(b) Penalties.--Notwithstanding section 1103(1) (relating to sentence of
imprisonment for felony), a person convicted under subsection (a) shall be
sentenced to a term of imprisonment fixed by the court at not more than 40 years.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Law enforcement officer." The term shall have the same meaning as the term
"peace officer" is given under section 501 (relating to definitions).
"Firearm." As defined under 42 Pa.C.S. s 9712(e) (relating to sentences for
offenses committed with firearms).
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 1.1, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2703
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2703. Assault by prisoner
(a) Offense defined.--A person who is confined in or committed to any local or
county detention facility, jail or prison or any State penal or correctional
institution or other State penal or correctional facility located in this
Commonwealth is guilty of a felony of the second degree if he, while so confined
or committed or while undergoing transportation to or from such an institution or
facility in or to which he was confined or committed intentionally or knowingly,
commits an assault upon another with a deadly weapon or instrument, or by any
means or force likely to produce serious bodily injury. A person is guilty of
this offense if he intentionally or knowingly causes another to come into contact
with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting
or expelling such fluid or material when, at the time of the offense, the person
knew, had reason to know, should have known or believed such fluid or material to
have been obtained from an individual, including the person charged under this
section, infected by a communicable disease, including, but not limited to, human
immunodeficiency virus (HIV) or hepatitis B.
(b) Consecutive sentences.--The court shall order that any sentence imposed for a
violation of subsection (a), or any sentence imposed for a violation of section
2702(a) (relating to aggravated assault) where the victim is a detention facility
or correctional facility employee, be served consecutively with the person's
current sentence.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974, Dec.
10, P.L. 810, No. 268, s 1; 1998, Feb. 18, P.L. 102, No. 19, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2703.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2703.1. Aggravated harassment by prisoner
A person who is confined in or committed to any local or county detention
facility, jail or prison or any State penal or correctional institution or other
State penal or correctional facility located in this Commonwealth commits a felony
of the third degree if he, while so confined or committed or while undergoing
transportation to or from such an institution or facility in or to which he was
confined or committed, intentionally or knowingly causes or attempts to cause
another to come into contact with blood, seminal fluid, saliva, urine or feces by
throwing, tossing, spitting or expelling such fluid or material.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 2, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2704
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2704. Assault by life prisoner
Every person who has been sentenced to death or life imprisonment in any penal
institution located in this Commonwealth, and whose sentence has not been
commuted, who commits an aggravated assault with a deadly weapon or instrument
upon another, or by any means of force likely to produce serious bodily injury, is
guilty of a crime, the penalty for which shall be the same as the penalty for
murder of the second degree. A person is guilty of this offense if he
intentionally or knowingly causes another to come into contact with blood, seminal
fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such
fluid or material when, at the time of the offense, the person knew, had reason to
know, should have known or believed such fluid or material to have been obtained
from an individual, including the person charged under this section, infected by a
communicable disease, including, but not limited to, human immunodeficiency virus
(HIV) or hepatitis B.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974,
March 26, P.L. 213, No. 46, s 4, imd. effective; 1998, Feb. 18, P.L. 102, No.
19, s 3, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2705
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2705. Recklessly endangering another person
A person commits a misdemeanor of the second degree if he recklessly engages in
conduct which places or may place another person in danger of death or serious
bodily injury.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2706
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2706. Terroristic threats
(a) Offense defined.--A person commits the crime of terroristic threats if the
person communicates, either directly or indirectly, a threat to:
(1) commit any crime of violence with intent to terrorize another;
(2) cause evacuation of a building, place of assembly or facility of public
transportation; or
(3) otherwise cause serious public inconvenience, or cause terror or serious
public inconvenience with reckless disregard of the risk of causing such terror
or inconvenience.
(b) Restitution.--A person convicted of violating this section shall, in addition
to any other sentence imposed or restitution ordered under 42 Pa.C.S. s 9721
(relating to sentencing generally), be sentenced to pay restitution in an amount
equal to the cost of the evacuation, including, but not limited to, fire and
police response; emergency medical service or emergency preparedness response;
and transportation of an individual from the building, place of assembly or
facility.
Preservation of private remedies.--No judgment or order of restitution shall
debar a person, by appropriate action, to recover from the offender as otherwise
provided by law, provided that any civil award shall be reduced by the amount paid
under the criminal judgment.
(d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the
first degree unless the threat causes the occupants of the building, place of
assembly or facility of public transportation to be diverted from their normal or
customary operations, in which case the offense constitutes a felony of the third
degree.
(e) Definition.--As used in this section, the term "communicates" means conveys in
person or by written or electronic means, including telephone, electronic mail,
Internet, facsimile, telex and similar transmissions.
CREDIT(S)
1972, Dec. 6, P.L.1482, No. 334, s 1, effective June 6, 1973. Amended 1998, June
18, P.L. 534, No. 76, s 1, effective in 60 days; 1999, Dec. 15, P.L. 915, No. 59,
s 2, effective in 60 days; 2002, June 28, P.L. 481, No. 82, s 1, effective in 60
days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2707
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2707. Propulsion of missiles into an occupied vehicle or onto a
roadway
(a) Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock,
stone, brick, or piece of iron, steel or other like metal, or any deadly or
dangerous missile, or fire bomb, into a vehicle or instrumentality of public
transportation that is occupied by one or more persons commits a misdemeanor of
the first degree.
(b) Roadways.--Whoever intentionally throws, shoots, drops or causes to be
propelled any solid object, from an overpass or any other location adjacent to or
on a roadway, onto or toward said roadway shall be guilty of a misdemeanor of the
second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1975, July
16, P.L. 62, No. 37, s 1; 1998, Dec. 21, P.L. 1103, No. 149, s 1, effective in 60
days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2707.1
Effective: February 20, 2001
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2707.1. Discharge of a firearm into an occupied structure
(a) Offense defined.--A person commits an offense if he knowingly, intentionally
or recklessly discharges a firearm from any location into an occupied structure.
(b) Grading.--An offense under this section shall be a felony of the third degree.
Defense.--It is a defense to prosecution under this section that:
(1) the person discharging the firearm was a law enforcement officer engaged in
the performance of his official law enforcement duties; or
(2) the person discharging the firearm was engaged in a hunting activity; and
(i) the discharge of the firearm took place from a location where the hunting
activity is lawful; and
(ii) the passage of the projectile from the firearm into the occupied structure
was not intentional, knowing or reckless.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Firearm." Any weapon which is designed to or may readily be converted to expel
any projectile by the action of an explosion or the frame or receiver of any such
weapon.
"Occupied structure." Any structure, vehicle or place adapted for overnight
accommodation of persons or for carrying on business therein, whether or not a
person is actually present.
CREDIT(S)
2000, Dec. 20, P.L. 831, No. 116, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2707.2
Effective: February 21, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2707.2. Paintball guns and paintball markers
(a) Unlawful carrying in vehicle.--
(1) Deleted by 2005, Dec. 22, P.L. 449, No. 85, s 1, effective in 60 days [Feb.
21, 2006].
(1.1) Except as set forth in paragraph (2), an individual may not carry a
paintball gun or a paintball marker in a vehicle on a highway unless all of the
following apply:
(i) The paintball gun or paintball marker is empty of encapsulated gelatin
paintballs.
(ii) The propellant source on the paintball gun or paintball marker is
disconnected, disabled or turned off.
(iii) The paintballs are stored in a separate and closed container.
(iv) The paintball gun or paintball marker is:
(A) in a secure wrapper;
(B) has a barrel-blocking device installed; or
is not readily or directly accessible from the passenger compartment of
the vehicle.
(2) Paragraph (1.1) does not apply to a commercial paintball field, range or
course where passengers are being transported by the commercial field, range or
course operator to and from designated player areas.
(a.1) Unlawful discharge of paintball gun or paintball marker.--An individual may
not discharge or fire a paintball gun or paintball marker at a person who is not
participating in paintball games or paintball-related recreational activities.
(b) Penalty.--A person who violates this section commits a summary offense.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Barrel-blocking device." A device which captures or prevents the discharge of an
encapsulated gelatin paintball from a paintball gun or paintball marker and meets
the specifications of the American Society for Testing Materials (ASTM) F2271-03
(Standard Specification for Paintball Marker Barrel Blocking Devices) or its
successor.
"Paintball gun." A device designed and manufactured to propel, by gas or air, an
encapsulated gelatin paintball.
"Paintball marker." A device designed and manufactured to propel, by gas or air,
an encapsulated gelatin paintball.
CREDIT(S)
2001, Nov. 21, P.L. 846, No. 87, s 1, effective in 60 days. Amended 2005, Dec.
22, P.L. 449, No. 85, s 1, effective in 60 days [Feb. 21, 2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2708
Effective: January 6, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2708. Use of tear or noxious gas in labor disputes
(a) Offense defined.--A person other than a duly constituted officer of the law is
guilty of a misdemeanor of the first degree if he uses or directs the use of tear
or noxious gas against any person involved in a labor dispute.
(b) Definition.--As used in this section, the term "tear or noxious gas" means any
liquid or gaseous substance that, when dispersed in the atmosphere, blinds the
eyes with tears or irritates or injures other organs and tissues of the human body
or causes nausea, including, but not limited to, red pepper spray.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2002, Nov.
6, P.L. 1096, No. 132, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2709
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2709. Harassment
(a) Offense defined.--A person commits the crime of harassment when, with intent
to harass, annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical
contact, or attempts or threatens to do the same;
(2) follows the other person in or about a public place or places;
(3) engages in a course of conduct or repeatedly commits acts which serve no
legitimate purpose;
(4) communicates to or about such other person any lewd, lascivious, threatening
or obscene words, language, drawings or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient hours; or
(7) communicates repeatedly in a manner other than specified in paragraphs (4),
(5) and (6).
(b) Deleted by 2002, Dec. 9, P.L. 1759, No. 218, s 1, effective in 60 days.
(b.1) Venue.--
(1) An offense committed under this section may be deemed to have been committed
at either the place at which the communication or communications were made or at
the place where the communication or communications were received.
(2) Acts indicating a course of conduct which occur in more than one
jurisdiction may be used by any other jurisdiction in which an act occurred as
evidence of a continuing pattern of conduct or a course of conduct.
Grading.--
(1) An offense under subsection (a)(1), (2) or (3) shall constitute a summary
offense.
(2) (i) An offense under subsection (a)(4), (5), (6) or (7) shall constitute a
misdemeanor of the third degree.
(d) False reports.--A person who knowingly gives false information to any law
enforcement officer with the intent to implicate another under this section
commits an offense under section 4906 (relating to false reports to law
enforcement authorities).
(e) Application of section.--This section shall not apply to conduct by a party to
a labor dispute as defined in the act of June 2, 1937 (P.L. 1198, No. 308), [FN1]
known as the Labor Anti-Injunction Act, or to any constitutionally protected
activity.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Communicates." Conveys a message without intent of legitimate communication or
address by oral, nonverbal, written or electronic means, including telephone,
electronic mail, Internet, facsimile, telex, wireless communication or similar
transmission.
"Course of conduct." A pattern of actions composed of more than one act over a
period of time, however short, evidencing a continuity of conduct. Acts
indicating a course of conduct which occur in more than one jurisdiction may be
used by any other jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1993, June
23, P.L. 124, No. 28, s 1, imd. effective; 1997, Oct. 2, P.L. 379, No. 44, s 3,
effective in 60 days; 1999, Dec. 15, P.L. 915, No. 59, s 3, effective in 60 days;
2002, Dec. 9, P.L. 1759, No. 218, s 1, effective in 60 days.
[FN1] 43 P.S. s 206a et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2709.1
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2709.1. Stalking
(a) Offense defined.--A person commits the crime of stalking when the person
either:
(1) engages in a course of conduct or repeatedly commits acts toward another
person, including following the person without proper authority, under
circumstances which demonstrate either an intent to place such other person in
reasonable fear of bodily injury or to cause substantial emotional distress to
such other person; or
(2) engages in a course of conduct or repeatedly communicates to another person
under circumstances which demonstrate or communicate either an intent to place
such other person in reasonable fear of bodily injury or to cause substantial
emotional distress to such other person.
(b) Venue.--
(1) An offense committed under this section may be deemed to have been committed
at either the place at which the communication or communications were made or at
the place where the communication or communications were received.
(2) Acts indicating a course of conduct which occur in more than one
jurisdiction may be used by any other jurisdiction in which an act occurred as
evidence of a continuing pattern of conduct or a course of conduct.
Grading.--
(1) Except as otherwise provided for in paragraph (2), a first offense under
this section shall constitute a misdemeanor of the first degree.
(2) A second or subsequent offense under this section or a first offense under
subsection (a) if the person has been previously convicted of a crime of
violence involving the same victim, family or household member, including, but
not limited to, a violation of section 2701 (relating to simple assault), 2702
(relating to aggravated assault), 2705 (relating to recklessly endangering
another person), 2901 (relating to kidnapping), 3121 (relating to rape) or 3123
(relating to involuntary deviate sexual intercourse), an order issued under
section 4954 (relating to protective orders) or an order issued under 23 Pa.C.S.
s 6108 (relating to relief) shall constitute a felony of the third degree.
(d) False reports.--A person who knowingly gives false information to any law
enforcement officer with the intent to implicate another under this section
commits an offense under section 4906 (relating to false reports to law
enforcement authorities).
(e) Application of section.--This section shall not apply to conduct by a party to
a labor dispute as defined in the act of June 2, 1937 (P.L. 1198, No. 308), [FN1]
known as the Labor Anti-Injunction Act, or to any constitutionally protected
activity.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Communicates." To convey a message without intent of legitimate communication or
address by oral, nonverbal, written or electronic means, including telephone,
electronic mail, Internet, facsimile, telex, wireless communication or similar
transmission.
"Course of conduct." A pattern of actions composed of more than one act over a
period of time, however short, evidencing a continuity of conduct. The term
includes lewd, lascivious, threatening or obscene words, language, drawings,
caricatures or actions, either in person or anonymously. Acts indicating a course
of conduct which occur in more than one jurisdiction may be used by any other
jurisdiction in which an act occurred as evidence of a continuing pattern of
conduct or a course of conduct.
"Emotional distress." A temporary or permanent state of mental anguish.
"Family or household member." Spouses or persons who have been spouses, persons
living as spouses or who lived as spouses, parents and children, other persons
related by consanguinity or affinity, current or former sexual or intimate
partners or persons who share biological parenthood.
CREDIT(S)
2002, Dec. 9, P.L. 1759, No. 218, s 2, effective in 60 days.
[FN1] 43 P.S. s 206a et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2710
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2710. Ethnic intimidation
(a) Offense defined.--A person commits the offense of ethnic intimidation if, with
malicious intention toward the race, color, religion or national origin of another
individual or group of individuals, he commits an offense under any other
provision of this article or under Chapter 33 (relating to arson, criminal
mischief and other property destruction) exclusive of section 3307 (relating to
institutional vandalism) or under section 3503 (relating to criminal trespass)
with respect to such individual or his or her property or with respect to one or
more members of such group or to their property.
(b) Grading.--An offense under this section shall be classified as a misdemeanor
of the third degree if the other offense is classified as a summary offense.
Otherwise, an offense under this section shall be classified one degree higher in
the classification specified in section 106 (relating to classes of offenses) than
the classification of the other offense.
Definition.--As used in this section "malicious intention" means the intention
to commit any act, the commission of which is a necessary element of any offense
referred to in subsection (a) motivated by hatred toward the race, color, religion
or national origin of another individual or group of individuals.
CREDIT(S)
1982, June 18, P.L. 537, No. 154, s 1, imd. effective. Amended 2002, Dec. 3, P.L.
1176, No. 143, s 1, imd. effective; 2002, Dec. 9, P.L. 1759, No. 218, s 3,
effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2711
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2711. Probable cause arrests in domestic violence cases
(a) General rule.--A police officer shall have the same right of arrest without a
warrant as in a felony whenever he has probable cause to believe the defendant has
violated section 2504 (relating to involuntary manslaughter), 2701 (relating to
simple assault), 2702(a)(3), (4) and (5) (relating to aggravated assault), 2705
(relating to recklessly endangering another person), 2706 (relating to terroristic
threats) or 2709.1 (relating to stalking) against a family or household member
although the offense did not take place in the presence of the police officer. A
police officer may not arrest a person pursuant to this section without first
observing recent physical injury to the victim or other corroborative evidence.
For the purposes of this subsection, the term "family or household member" has the
meaning given that term in 23 Pa.C.S. s 6102 (relating to definitions).
(b) Seizure of weapons.--The arresting police officer shall seize all weapons used
by the defendant in the commission of the alleged offense.
Bail.--
(1) A defendant arrested pursuant to this section shall be afforded a
preliminary arraignment by the proper issuing authority without unnecessary
delay. In no case shall the arresting officer release the defendant from
custody rather than taking the defendant before the issuing authority.
(2) In determining whether to admit the defendant to bail, the issuing authority
shall consider whether the defendant poses a threat of danger to the victim. If
the issuing authority makes such a determination, it shall require as a
condition of bail that the defendant shall refrain from entering the residence
or household of the victim and the victim's place of employment and shall
refrain from committing any further criminal conduct against the victim and
shall so notify the defendant thereof at the time the defendant is admitted to
bail. Such condition shall expire at the time of the preliminary hearing or
upon the entry or the denial of the protection of abuse order by the court,
whichever occurs first. A violation of this condition may be punishable by the
revocation of any form of pretrial release or the forfeiture of bail and the
issuance of a bench warrant for the defendant's arrest or remanding him to
custody or a modification of the terms of the bail. The defendant shall be
provided a hearing on this matter.
(d) Notice of rights.--Upon responding to a domestic violence case, the police
officer shall, orally or in writing, notify the victim of the availability of a
shelter, including its telephone number, or other services in the community. Said
notice shall include the following statement: "If you are the victim of domestic
violence, you have the right to go to court and file a petition requesting an
order for protection from domestic abuse pursuant to 23 Pa.C.S. Ch. 61 (relating
to protection from abuse) which could include the following:
(1) An order restraining the abuser from further acts of abuse.
(2) An order directing the abuser to leave your household.
(3) An order preventing the abuser from entering your residence, school,
business or place of employment.
(4) An order awarding you or the other parent temporary custody of or temporary
visitation with your child or children.
(5) An order directing the abuser to pay support to you and the minor children
if the abuser has a legal obligation to do so."
CREDIT(S)
1986, Feb. 15, P.L. 27, No. 10, s 1, effective in 60 days. Amended 1990, Dec. 19,
P.L. 1240, No. 206, s 3, effective in 90 days; 2000, Dec. 20, P.L. 728, No. 101,
s 1, effective in 60 days; 2002, Dec. 9, P.L. 1759, No. 218, s 3, effective in 60
days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2712
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2712. Assault on sports official
(a) Offense defined.--A person who violates section 2701 (relating to simple
assault), where the victim is a sports official who was assaulted during a sports
event or was assaulted as a result of his or her official acts as a sports
official, is guilty of assault on a sports official.
(b) Grading.--Assault on a sports official is a misdemeanor of the first degree.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Sports event." Any interscholastic athletic activity in a junior high school,
high school, college or university in this Commonwealth or any other organized
athletic activity in this Commonwealth, including a professional or
semiprofessional event.
"Sports official." A person at a sports event who enforces the rules of the
event, such as an umpire or referee, or a person who supervises the participants,
such as a coach. The term includes a trainer, team attendant, game manager,
athletic director, assistant athletic director, president, dean, headmaster,
principal and assistant principal of a school, college or university.
CREDIT(S)
1990, Feb. 14, P.L. 54, No. 7, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2713
Effective: October 23, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2713. Neglect of care-dependent person
(a) Offense defined.--A caretaker is guilty of neglect of a care-dependent person
if he:
(1) Intentionally, knowingly or recklessly causes bodily injury or serious
bodily injury by failing to provide treatment, care, goods or services necessary
to preserve the health, safety or welfare of a care-dependent person for whom he
is responsible to provide care.
(2) Intentionally or knowingly uses a physical restraint or chemical restraint
or medication on a care-dependent person, or isolates a care-dependent person
contrary to law or regulation, such that bodily injury or serious bodily injury
results.
(b) Penalty.--
(1) A violation of subsection (a)(1) constitutes a misdemeanor of the first
degree if the victim suffers bodily injury.
(2) A violation of subsection (a)(1) constitutes a felony of the first degree if
the victim suffers serious bodily injury.
(3) A violation of subsection (a)(2) constitutes a misdemeanor of the first
degree if the victim suffers bodily injury.
(4) A violation of subsection (a)(2) constitutes a felony of the first degree if
the victim suffers serious bodily injury.
Report during investigation.--When in the course of conducting any regulatory
or investigative responsibility, the Department of Aging, the Department of Health
or the Department of Public Welfare has a reasonable cause to believe that a
care-dependent person or care-dependent persons residing in a facility have
suffered bodily injury or been unlawfully restrained in violation of subsection
(a)(1) or (2), a report shall be made immediately to the local law enforcement
agency or to the Office of Attorney General.
(d) Enforcement.--
(1) The district attorneys of the several counties shall have authority to
investigate and to institute criminal proceedings for any violations of this
section.
(2) In addition to the authority conferred upon the Attorney General under the
act of October 15, 1980 (P.L. 950, No. 164), [FN1] known as the Commonwealth
Attorneys Act, the Attorney General shall have the authority to investigate and
institute criminal proceedings for any violation of this section. A person
charged with a violation of this section by the Attorney General shall not have
standing to challenge the authority of the Attorney General to investigate or
prosecute the case, and, if any such challenge is made, the challenge shall be
dismissed and no relief shall be available in the courts of this Commonwealth to
the person making the challenge.
(e) Treatment in conformance with care-dependent person's right to accept or
refuse services.--A caretaker or any other individual or facility may offer an
affirmative defense to charges filed pursuant to this section if the caretaker,
individual or facility can demonstrate through a preponderance of the evidence
that the alleged violations result directly from:
(1) the caretaker's, individual's or facility's lawful compliance with a
care-dependent person's living will as provided in 20 Pa.C.S. Ch. 54 (relating
to health care);
(2) the caretaker's, individual's or facility's lawful compliance with the
care-dependent person's written, signed and witnessed instructions, executed
when the care-dependent person is competent as to the treatment he wishes to
receive;
(3) the caretaker's, individual's or facility's lawful compliance with the
direction of the care-dependent person's:
(i) agent acting pursuant to a lawful durable power of attorney under 20
Pa.C.S. Ch. 56 (relating to powers of attorney), within the scope of that
power; or
(ii) health care agent acting pursuant to a health care power of attorney under
20 Pa.C.S. Ch. 54 Subch. C (relating to health care agents and
representatives), within the scope of that power;
(4) the caretaker's, individual's or facility's lawful compliance with a "Do Not
Resuscitate" order written and signed by the care-dependent person's attending
physician; or
(5) the caretaker's, individual's or facility's lawful compliance with the
direction of the care-dependent person's health care representative under 20
Pa.C.S. s 5461 (relating to decisions by health care representative), provided
the care-dependent person has an end-stage medical condition or is permanently
unconscious as these terms are defined in 20 Pa.C.S. s 5422 (relating to
definitions) as determined and documented in the person's medical record by the
person's attending physician.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Care-dependent person." Any adult who, due to physical or cognitive disability
or impairment, requires assistance to meet his needs for food, shelter, clothing,
personal care or health care.
"Caretaker." Any person who:
(1) is an owner, operator, manager or employee of a nursing home, personal care
home, [FN2] domiciliary care home, community residential facility, intermediate
care facility for the mentally retarded, adult daily living center, home health
agency or home health service provider whether licensed or unlicensed;
(2) provides care to a care-dependent person in the setting described in
paragraph (1); or
(3) has an obligation to care for a care-dependent person for monetary
consideration in the settings described in paragraph (1) or in the
care-dependent person's home.
"Person." A natural person, corporation, partnership, unincorporated association
or other business entity.
CREDIT(S)
1995, July 6, P.L. 242, No. 28, s 1, effective in 60 days. Amended 1997, June 25,
P.L. 284, No. 26, s 1, effective in 60 days; 1998, June 18, P.L. 503, No. 70, s
1, effective in 60 days; 2006, Nov. 29, P.L. 1484, No. 169, s 1, effective in 60
days [Jan. 29, 2007]. Affected 2007, July 25, P.L. 402, No. 56, s 8(1), effective
in 90 days [Oct. 23, 2007].
[FN1] 71 P.S. s 732-101 et seq.
[FN2] Reference in this section to personal care home, personal care
boarding home, personal care housing or personal care home administrator
construed to also include assisted living residence or assisted living
residence administrator, pursuant to 2007, July 25, P.L. 402, No. 56, s 8,
effective in 90 days [Oct. 23, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2714
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2714. Unauthorized administration of intoxicant
A person commits a felony of the third degree when, with the intent to commit an
offense under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to
involuntary deviate sexual intercourse), 3125(5) (relating to aggravated indecent
assault) or 3126(a)(5) (relating to indecent assault), he or she substantially
impairs the complainant's power to appraise or control his or her conduct by
administering, without the knowledge of the complainant, drugs or other
intoxicants.
CREDIT(S)
1997, Dec. 19, P.L. 622, No. 65, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2715
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2715. Threat to use weapons of mass destruction
(a) Offense defined.--A person who intentionally:
(1), (2) Deleted.
(3) reports without factual basis of knowledge the existence or potential
existence of a weapon of mass destruction; or
(4) threatens by any means the placement or setting of a weapon of mass
destruction;
commits an offense under this section. A separate offense shall occur for each
report or threat to place or set a weapon of mass destruction.
(b) Penalty.--An offense under this section shall be graded as follows:
(1) Except as set forth in paragraph (2), a misdemeanor of the first degree.
(2) If the report or threat causes the occupants of a building, place of
assembly or facility of public transportation to be diverted from their normal
or customary operations, a felony of the third degree.
(3) A felony of the second degree if the offense occurs during a declared state
of emergency and the report or threat causes disruption to the operations of any
person, business entity or governmental agency where the weapon of mass
destruction is reported to exist or threatened to be placed or set.
Emergency response costs.--A person convicted of violating this section shall,
in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S.
s 9721 (relating to sentencing generally), be sentenced to pay restitution in
an amount equal to the cost of the evacuation, including, but not limited to, fire
and police response; emergency medical service or emergency preparedness
response; and transportation of an individual from the building, place of
assembly or facility.
(c.1) Preservation of private remedies.--No judgment or order of restitution shall
debar a person, by appropriate action, to recover from the offender as otherwise
provided by law, provided that any civil award shall be reduced by the amount paid
under the criminal judgment.
(c.2) Application of section.--This section shall not apply to lawful conduct by a
party to a labor dispute as defined in the act of June 2, 1937 (P.L. 1198, No.
308), [FN1] known as the Labor Anti-Injunction Act, or to any constitutionally
protected activity.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Biological agent." A natural or genetically engineered pathogen, toxin, virus,
bacteria, prion, fungus or microorganism which causes infections, disease or
bodily harm.
"Bomb." An explosive device used for unlawful purposes.
"Chemical agent." Any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and
arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Sulfur mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes death or bodily harm.
"Nuclear agent." A radioactive material.
"Weapon of mass destruction." A bomb, biological agent, chemical agent or nuclear
agent.
CREDIT(S)
2000, Dec. 20, P.L. 728, No. 101, s 2, effective in 60 days. Amended 2002, June
28, P.L. 481, No. 82, s 1, effective in 60 days.
[FN1] 43 P.S. s 206a et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2716
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2716. Weapons of mass destruction
(a) Unlawful possession or manufacture.--A person commits an offense if the
person, without lawful authority to do so, intentionally, knowingly or recklessly
possesses or manufactures a weapon of mass destruction.
(b) Use.--A person commits an offense if the person, without lawful authority to
do so, intentionally, knowingly or recklessly sells, purchases, transports or
causes another to transport, delivers or causes to be delivered or uses a weapon
of mass destruction and if such action causes any of the following:
(1) Illness or injury to another individual.
(2) Damage to or disruption of a water or food supply or public natural
resources, including waterways, State forests and parks, surface water,
groundwater and wildlife.
(3) Evacuation of a building, place of assembly or facility of public
transportation.
Grading.--
(1) A first offense under subsection (a) constitutes a felony of the second
degree. A subsequent offense under subsection (a) constitutes a felony of the
first degree.
(2) An offense under subsection (b)(1) constitutes a felony of the first degree.
If the offense results in the death of an individual, the defendant shall be
sentenced to life imprisonment.
(3) An offense under subsection (b)(2) or (3) constitutes a felony of the first
degree.
(d) Restitution.--A person convicted of violating this section shall, in addition
to any other sentence imposed or restitution ordered under 42 Pa.C.S. s 9721
(relating to sentencing generally), be sentenced to pay restitution in an amount
equal to the cost of the evacuation, including, but not limited to, fire and
police response; emergency medical service or emergency preparedness response;
and transportation of an individual from the building, place of assembly or
facility.
(e) Preservation of private remedies.--No judgment or order of restitution shall
debar a person, by appropriate action, to recover from the offender as otherwise
provided by law, provided that any civil award shall be reduced by the amount paid
under the criminal judgment.
(f) Possession.--For purposes of this section, an individual shall not be deemed
to be in possession of an agent if the individual is naturally exposed to or
innocently infected or contaminated with the agent.
(g) Enforcement.--
(1) In addition to the authority conferred upon the Attorney General under
sections 205 and 206 of the act of October 15, 1980 (P.L. 950, No. 164), [FN1]
known as the Commonwealth Attorneys Act, the Attorney General has the authority
to investigate and to institute criminal proceedings for a violation of this
section committed:
(i) anywhere in this Commonwealth;
(ii) in different counties; or
(iii) in this Commonwealth and another jurisdiction.
(2) Each district attorney has the authority to investigate and to institute
criminal proceedings for a violation of this section.
(h) Jurisdiction.--No person charged with a violation of this section shall have
standing to challenge the authority of the Attorney General under subsection
(g)(1). If a challenge is made in violation of this subsection, the challenge
shall be dismissed, and no relief shall be available in the courts of this
Commonwealth to the person making the challenge.
(i) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Biological agent." A natural or genetically engineered pathogen, toxin, virus,
bacteria, prion, fungus or microorganism which causes infections, disease or
bodily harm.
"Bomb." An explosive device used for unlawful purposes.
"Chemical agent." Any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and
arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Nitrogen mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes death or bodily harm.
"Nuclear agent." A radioactive material.
"Weapon of mass destruction." A biological agent, bomb, chemical agent or nuclear
agent.
CREDIT(S)
2002, June 28, P.L. 481, No. 82, s 2, effective in 60 days.
[FN1] 71 P.S. ss 732-205, 732-206.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2717
Effective: September 5, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 27. Assault (Refs & Annos)
>>>> s 2717. Terrorism
(a) General rule.--A person is guilty of terrorism if he commits a violent offense
intending to do any of the following:
(1) Intimidate or coerce a civilian population.
(2) Influence the policy of a government by intimidation or coercion.
(3) Affect the conduct of a government.
(b) Grading and penalty.--
(1) If the violent offense is a misdemeanor or a felony of the third or second
degree, an offense under this section shall be classified one degree higher than
the classification of the violent offense specified in section 106 (relating to
classes of offenses).
(2) If the violent offense is a felony of the first degree, a person convicted
of an offense under this section shall be sentenced to a term of imprisonment
fixed by the court at not more than 40 years and may be sentenced to pay a fine
of not more than $100,000.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Dangerous to human life or property." A violent act or an act which is intended
to or likely to cause death, serious bodily injury or mass destruction.
"Mass destruction." An act which is intended to or likely to destroy or cause
serious damage to transportation-related infrastructure or facilities,
energy-related infrastructure or facilities, public or private buildings, places
of public accommodation or public works under circumstances evincing depraved
indifference to human life or property.
"Violent offense." An offense under this part, including an attempt, conspiracy
or solicitation to commit any such offense, which is punishable by imprisonment of
more than one year and involves an act dangerous to human life or property.
CREDIT(S)
2006, July 7, P.L. 342, No. 71, s 1, effective in 60 days [Sept. 5, 2006].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Ch. 29, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
+ Chapter 29. Kidnapping
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2901
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2901. Kidnapping
(a) Offense defined.-- Except as provided in subsection (a.1), a person is guilty
of kidnapping if he unlawfully removes another a substantial distance under the
circumstances from the place where he is found, or if he unlawfully confines
another for a substantial period in a place of isolation, with any of the
following intentions:
(1) To hold for ransom or reward, or as a shield or hostage.
(2) To facilitate commission of any felony or flight thereafter.
(3) To inflict bodily injury on or to terrorize the victim or another.
(4) To interfere with the performance by public officials of any governmental or
political function.
(a.1) Kidnapping of a minor.--A person is guilty of kidnapping of a minor if he
unlawfully removes a person under 18 years of age a substantial distance under the
circumstances from the place where he is found, or if he unlawfully confines a
person under 18 years of age for a substantial period in a place of isolation,
with any of the following intentions:
(1) To hold for ransom or reward, or as a shield or hostage.
(2) To facilitate commission of any felony or flight thereafter.
(3) To inflict bodily injury on or to terrorize the victim or another.
(4) To interfere with the performance by public officials of any governmental or
political function.
(b) Grading.-- The following apply:
(1) Kidnapping under subsection (a) is a felony of the first degree. A removal
or confinement is unlawful within the meaning of subsection (a) if it is
accomplished by force, threat or deception, or, in the case of an incapacitated
person, if it is accomplished without the consent of a parent, guardian or other
person responsible for general supervision of his welfare.
(2) Kidnapping under subsection (a.1) is a felony of the first degree. A
removal or confinement is unlawful within the meaning of subsection (a.1) if it
is accomplished by force, threat or deception, or, in the case of a person under
14 years of age, if it is accomplished without consent of a parent, guardian or
other person responsible for general supervision of his welfare.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1992,
April 16, P.L. 108, No. 24, s 17, effective in 60 days; 2011, Dec. 20, P.L. 446,
No. 111, s 1, effective in 60 days [Feb. 21, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2902
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2902. Unlawful restraint
(a) Offense defined.-- Except as provided under subsection (b) or , a person
commits a misdemeanor of the first degree if he knowingly:
(1) restrains another unlawfully in circumstances exposing him to risk of
serious bodily injury; or
(2) holds another in a condition of involuntary servitude.
(b) Unlawful restraint of a minor where offender is not victim's parent.--If the
victim is a person under 18 years of age, a person who is not the victim's parent
commits a felony of the second degree if he knowingly:
(1) restrains another unlawfully in circumstances exposing him to risk of
serious bodily injury; or
(2) holds another in a condition of involuntary servitude.
Unlawful restraint of minor where offender is victim's parent.--If the victim
is a person under 18 years of age, a parent of the victim commits a felony of the
second degree if he knowingly:
(1) restrains another unlawfully in circumstances exposing him to risk of
serious bodily injury; or
(2) holds another in a condition of involuntary servitude.
(d) Definition.--As used in this section the term "parent" means a natural parent,
stepparent, adoptive parent or guardian of a minor.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974, Dec.
30, P.L. 1120, No. 361, s 2, imd. effective; 2000, Dec. 20, P.L. 721, No. 98, s
1, imd. effective; 2011, Dec. 20, P.L. 446, No. 111, s 1, effective in 60 days
[Feb. 21, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2903
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2903. False imprisonment
(a) Offense defined.--Except as provided under subsection (b) or , a person
commits a misdemeanor of the second degree if he knowingly restrains another
unlawfully so as to interfere substantially with his liberty.
(b) False imprisonment of a minor where offender is not victim's parent.--If the
victim is a person under 18 years of age, a person who is not the victim's parent
commits a felony of the second degree if he knowingly restrains another unlawfully
so as to interfere substantially with his liberty.
False imprisonment of a minor where offender is victim's parent.--If the
victim is a person under 18 years of age, a parent of the victim commits a felony
of the second degree if he knowingly restrains another unlawfully so as to
interfere substantially with his liberty.
(d) Definition.--As used in this section the term "parent" means a natural parent,
stepparent, adoptive parent or guardian of a minor.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2000, Dec.
20, P.L. 721, No. 98, s 1, imd. effective; 2011, Dec. 20, P.L. 446, No. 111, s 1,
effective in 60 days [Feb. 21, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2904
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2904. Interference with custody of children
(a) Offense defined.--A person commits an offense if he knowingly or recklessly
takes or entices any child under the age of 18 years from the custody of its
parent, guardian or other lawful custodian, when he has no privilege to do so.
(b) Defenses.--It is a defense that:
(1) the actor believed that his action was necessary to preserve the child from
danger to its welfare; or
(2) the child, being at the time not less than 14 years old, was taken away at
its own instigation without enticement and without purpose to commit a criminal
offense with or against the child; or
(3) the actor is the child's parent or guardian or other lawful custodian and is
not acting contrary to an order entered by a court of competent jurisdiction.
Grading.--The offense is a felony of the third degree unless:
(1) the actor, not being a parent or person in equivalent relation to the child,
acted with knowledge that his conduct would cause serious alarm for the safety
of the child, or in reckless disregard of a likelihood of causing such alarm.
In such cases, the offense shall be a felony of the second degree; or
(2) the actor acted with good cause for a period of time not in excess of 24
hours; and
(i) the victim child is the subject of a valid order of custody issued by a
court of this Commonwealth;
(ii) the actor has been given either partial custody or visitation rights under
said order; and
(iii) the actor is a resident of this Commonwealth and does not remove the
child from the Commonwealth.
In such cases, the offense shall be a misdemeanor of the second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1984, July
9, P.L. 661, No. 138, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2905
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2905. Interference with custody of committed persons
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if
he knowingly or recklessly takes or entices any committed person away from lawful
custody when he is not privileged to do so.
(b) Definition.--As used in this section, the term "committed person" means, in
addition to anyone committed under judicial warrant, any orphan, neglected or
delinquent child, mentally disabled person, or other dependent or incapacitated
person entrusted to the custody of another by or through a recognized social
agency or otherwise by authority of law.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1992,
April 16, P.L. 108, No. 24, s 17, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2906
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2906. Criminal coercion
(a) Offense defined.--A person is guilty of criminal coercion, if, with intent
unlawfully to restrict freedom of action of another to the detriment of the other,
he threatens to:
(1) commit any criminal offense;
(2) accuse anyone of a criminal offense;
(3) expose any secret tending to subject any person to hatred, contempt or
ridicule; or
(4) take or withhold action as an official, or cause an official to take or
withhold action.
(b) Defense.--It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or
(a)(4) of this section that the actor believed the accusation or secret to be true
or the proposed official action justified and that his intent was limited to
compelling the other to behave in a way reasonably related to the circumstances
which were the subject of the accusation, exposure or proposed official action, as
by desisting from further misbehavior, making good a wrong done, refraining from
taking any action or responsibility for which the actor believes the other
disqualified.
Grading.--Criminal coercion is a misdemeanor of the second degree unless the
threat is to commit a felony or the intent of the actor is felonious, in which
cases the offense is a misdemeanor of the first degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2907
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2907. Disposition of ransom
A person, other than a member of the family or an intermediary of the family of a
person held for ransom, who knowingly receives, retains or disposes of any money
or other property of another knowing that the money or other property constitutes
a ransom derived from an offense under this chapter, or has reason to believe that
such money or other property is ransom derived from an offense under this chapter,
is guilty of a felony of the third degree.
CREDIT(S)
1974 Dec. 30, P.L. 1120, No. 361, s 2, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2908
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2908. Missing children
(a) Duties of law enforcement agencies.--Law enforcement agencies shall have the
following duties with respect to missing children:
(1) To investigate a report of a missing child immediately upon receipt of the
report regardless of the age of the missing child or the circumstances
surrounding the disappearance of the child. In no case shall law enforcement
agencies impose a mandatory waiting period prior to commencing the investigation
of a missing child.
(2) When conducting a missing child investigation, to record all information
relevant to the missing child and the circumstances surrounding the
disappearance of the missing child on the appropriate law enforcement
investigative report.
(3) To make an entry into the Missing Persons File through the Commonwealth Law
Enforcement Assistance Network (CLEAN) in accord with Pennsylvania State Police
policy and procedures immediately upon receipt of sufficient identification
information on the missing child.
(3.1) To make an entry into the Unidentified Persons File through Commonwealth
Law Enforcement Assistance Network (CLEAN) in accord with Pennsylvania State
Police policy and procedures immediately upon:
(i) taking custody of an unidentified living child, such as an infant, or a
physically or mentally disabled child; or
(ii) discovering an unidentified deceased child.
(4) To insure timely cancellation of any entry made pursuant to this section
where the missing child has returned or is located.
(a.1) Unidentified deceased children.--Law enforcement agencies and coroners
shall, with respect to unidentified deceased children, have the duty to make an
entry into the Unidentified Deceased Person File through the Commonwealth Law
Enforcement Assistance Network (CLEAN) in accordance with Pennsylvania State
Police policy and procedures immediately upon observing or receiving any
descriptive information on an unidentified deceased child.
(b) Definition.--As used in this section the term "child" means a person under 18
years of age.
CREDIT(S)
1985, May 9, P.L. 31, No. 14, s 1, imd. effective. Amended 1990, Feb. 2, P.L. 6,
No. 4, s 2, effective in 60 days; 1992, June 25, P.L. 315, No. 59, s 1, effective
in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2909
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2909. Concealment of whereabouts of a child
(a) Offense defined.--A person who removes a child from the child's known place of
residence with the intent to conceal the child's whereabouts from the child's
parent or guardian, unless concealment is authorized by court order or is a
reasonable response to domestic violence or child abuse, commits a felony of the
third degree. For purposes of this subsection, the term "removes" includes
personally removing the child from the child's known place of residence, causing
the child to be removed from the child's known place of residence, preventing the
child from returning or being returned to the child's known place of residence
and, when the child's parent or guardian has a reasonable expectation that the
person will return the child, failing to return the child to the child's known
place of residence.
(b) Application.--A person may be convicted under subsection (a) if either of the
following apply:
(1) The acts that initiated the concealment occurred in this Commonwealth.
(2) The offender or the parent or guardian from whom the child is being
concealed resides in this Commonwealth.
CREDIT(S)
1990, Feb. 2, P.L. 6, No. 4, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 2910
Effective: January 9, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 29. Kidnapping (Refs & Annos)
>>>> s 2910. Luring a child into a motor vehicle or structure
(a) Offense.--Unless the circumstances reasonably indicate that the child is in
need of assistance, a person who lures or attempts to lure a child into a motor
vehicle or structure without the consent, express or implied, of the child's
parent or guardian commits a misdemeanor of the first degree.
(b) Affirmative defense.--It shall be an affirmative defense to a prosecution
under this section that the person lured or attempted to lure the child into the
structure for a lawful purpose.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Motor vehicle." Every self-propelled device in, upon or by which any person or
property is or may be transported or drawn on a public highway.
"Structure." A house, apartment building, shop, warehouse, barn, building,
vessel, railroad car, cargo container, house car, trailer, trailer coach, camper,
mine, floating home or other enclosed structure capable of holding a child, which
is not open to the general public.
CREDIT(S)
1990, Feb. 2, P.L. 6, No. 4, s 3, effective in 60 days. Amended 2005, Nov. 10,
P.L. 330, No. 64, s 1, effective in 60 days [Jan. 9, 2006].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Ch. 30, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
+ Chapter 30. Trafficking of Persons
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3001
Effective: January 8, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 30. Trafficking of Persons (Refs & Annos)
>>>> s 3001. Definitions
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Criminal coercion." The term includes conduct defined as criminal coercion by
section 2906 (relating to criminal coercion).
"Forced labor or services." Labor or services that are performed or provided by
another person which are obtained or maintained when a person:
(1) attempts to cause, causes or by threat of physical menace puts another
person in fear of bodily injury;
(2) physically restrains or threatens to physically restrain another person
unlawfully;
(3) abuses or threatens to abuse the law or legal process;
(4) possesses except as required by Federal immigration law or regulation,
destroys, conceals, removes or confiscates any actual or purported passport or
other immigration document of another person, or any other actual or purported
government identification document of another person; or
(5) engages in criminal coercion of another person.
"Traffics." Recruits, entices, harbors, transports or provides or obtains by any
means.
CREDIT(S)
2006, Nov. 9, P.L. 1340, No. 139, s 2, effective in 60 days [Jan. 8, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3002
Effective: January 8, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 30. Trafficking of Persons (Refs & Annos)
>>>> s 3002. Trafficking of persons
(a) Offense defined.--A person commits an offense if the person knowingly traffics
or knowingly attempts to traffic another person, knowing that the other person
will be subjected to forced labor or services.
(b) Grading.--An offense under subsection (a) shall be graded a felony of the
second degree unless the other person suffers bodily injury or the other person is
an individual under 18 years of age, in which case it shall be graded as a felony
of the first degree.
CREDIT(S)
2006, Nov. 9, P.L. 1340, No. 139, s 2, effective in 60 days [Jan. 8, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3003
Effective: January 8, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 30. Trafficking of Persons (Refs & Annos)
>>>> s 3003. Restitution for offenses
(a) General rule.--A person convicted of an offense under this chapter shall, in
addition to any other remedy deemed appropriate by the court, be sentenced to pay
the victim restitution, including the greater of:
(1) the gross income or value to the person to whom the labor or services were
performed by the victim; or
(2) the value of the victim's labor based on the minimum wage of this
Commonwealth.
(b) Private remedies.--Nothing in this section shall be construed to preclude any
other remedy at law or in equity.
CREDIT(S)
2006, Nov. 9, P.L. 1340, No. 139, s 2, effective in 60 days [Jan. 8, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3004
Effective: January 8, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 30. Trafficking of Persons (Refs & Annos)
>>>> s 3004. Forfeiture
(a) General rule.--The following shall be subject to forfeitures to the
Commonwealth, and no property right shall exist in them:
(1) All assets, foreign or domestic:
(i) Of an individual, entity or organization engaged in planning or
perpetrating an act in this Commonwealth which violates section 3002 (relating
to trafficking of persons) and all assets, foreign or domestic, affording a
person a source of influence over such individual, entity or organization.
(ii) Acquired or maintained by a person with the intent and for the purpose of
supporting, planning, conducting or concealing an act in this Commonwealth
which violates section 3002.
(iii) Derived from, involved in or used or intended to be used to commit an act
in this Commonwealth which violates section 3002.
(2) All assets within this Commonwealth:
(i) Of an individual, entity or organization engaged in planning or
perpetrating an act which violates section 3002.
(ii) Acquired or maintained with the intent and for the purpose of supporting,
planning, conducting or concealing an act which violates section 3002.
(iii) Derived from, involved in or used or intended to be used to commit an act
which violates section 3002.
(b) Process and seizures.--Property subject to forfeiture under this section may
be seized by the law enforcement authority upon process issued by any court of
common pleas having jurisdiction over the property.
Custody of property.--
(1) Property taken or detained under this section shall not be subject to
replevin but is deemed to be in the custody of the law enforcement authority
subject only to the orders and decrees of the court of common pleas having
jurisdiction over the forfeiture proceedings and of the district attorney.
(2) When property is seized under this section, the law enforcement authority
shall place the property under seal and either:
(i) remove the property to a place designated by it; or
(ii) require that the district attorney take custody of the property and remove
it to an appropriate location for disposition in accordance with law.
(d) Transfer of property.--Whenever property is forfeited under this section, the
property shall be transferred to the custody of the district attorney. The
district attorney, where appropriate, may retain the property for official use or
sell the property, but the proceeds from any such sale shall be used to pay all
proper expenses of the proceedings for forfeiture and sale, including expenses of
seizure, maintenance of custody, advertising and court costs. The balance of the
proceeds shall be used for the enforcement of the criminal laws of Pennsylvania.
(e) Proceedings and petition.--The proceedings for the forfeiture or condemnation
of property, the retention or sale of which is provided for in this section, shall
be in rem, in which the Commonwealth shall be the plaintiff and the property the
defendant. A petition shall be filed in the court of common pleas of the judicial
district where the property is located, verified by oath or affirmation of an
officer or citizen, containing the following:
(1) A description of the property seized.
(2) A statement of the time and place where seized.
(3) The owner, if known.
(4) The person or persons in possession, if known.
(5) An allegation that the property is subject to forfeiture pursuant to this
section and an averment of material facts upon which forfeiture action is based.
(6) A prayer for an order of forfeiture that the property be adjudged forfeited
to the Commonwealth and condemned unless cause be shown to the contrary.
(f) Service.--A copy of the petition required under subsection (e) shall be served
personally or by certified mail on the owner or the person or persons in
possession at the time of the seizure. The copy shall have endorsed a notice as
follows:
To the claimant of within described property:
You are required to file an answer to this petition, setting forth your title in
and right to possession of the property within 30 days from the service of this
notice. You are also notified that, if you fail to file the answer, a decree of
forfeiture and condemnation will be entered against the property.
The notice shall be signed by the district attorney, deputy district attorney or
assistant district attorney.
(g) Notice.--
(1) If the owner of the property is unknown or there was no person in possession
of the property when seized or if the owner or such person or persons in
possession at the time of the seizure cannot be personally served or located
within the jurisdiction of the court, notice of the petition shall be given by
the Commonwealth through an advertisement in only one newspaper of general
circulation published in the county where the property shall have been seized,
once a week for two successive weeks. No other advertisement of any sort shall
be necessary, any other law to the contrary notwithstanding.
(2) The notice shall contain a statement of the seizure of the property with a
description of the property and the place and date of seizure and shall direct
any claimants to the property to file a claim on or before a date given in the
notice, which date shall not be less than 30 days from the date of the first
publication.
(3) If no claims are filed within 30 days of publication, the property shall
summarily forfeit to the Commonwealth.
(h) Unknown owner.--For purposes of this section, the owner or other such person
cannot be found in the jurisdiction of the court if:
(1) a copy of the petition is mailed to the last known address by certified mail
and is returned without delivery;
(2) personal service is attempted once but cannot be made at the last known
address; and
(3) a copy of the petition is left at the last known address.
(i) Waiver of notice.--The notice provisions of this section are automatically
waived if the owner, without good cause, fails to appear in court in response to a
subpoena on the underlying criminal charges. Forty-five days after such a failure
to appear, if good cause has not been demonstrated, the property shall summarily
forfeit to the Commonwealth.
(j) Hearing date.--Upon the filing of a claim for the property setting forth a
right of possession, the case shall be deemed at issue, and a date and time shall
be fixed for the hearing.
(k) Burden of proof.--At the hearing, if the Commonwealth produces evidence that
the property in question was unlawfully used, possessed or otherwise subject to
forfeiture under this section, the burden shall be upon the claimant to show by a
preponderance of the evidence:
(1) That the claimant is the owner of the property or the holder of a chattel
mortgage or contract of conditional sale thereon.
(2) That the claimant lawfully acquired the property.
(3) That the property was not unlawfully used or possessed by the claimant. If
it appears that the property was unlawfully used or possessed by a person other
than the claimant, then the claimant shall show that the unlawful use or
possession was without his knowledge or consent. Such absence of knowledge or
consent must be reasonable under the circumstances presented.
(l) Claims of ownership.--If a person claiming the ownership of or right of
possession to or claiming to be the holder of a chattel mortgage or contract of
conditional sale upon the property, the disposition of which is provided for in
this section, prior to the sale presents a petition to the court alleging lawful
ownership, right of possession, a lien or reservation of title to the property and
if, on public hearing, due notice of which having been given to the district
attorney, the claimant shall prove by a preponderance of the evidence that the
property was lawfully acquired, possessed and used by him or, it appearing that
the property was unlawfully used by a person other than the claimant, that the
unlawful use was without the claimant's knowledge or consent, then the court may
order the property returned or delivered to the claimant. Such absence of
knowledge or consent must be reasonable under the circumstances presented.
Otherwise, it shall be retained for official use or sold in accordance with this
section.
CREDIT(S)
2006, Nov. 9, P.L. 1340, No. 139, s 2, effective in 60 days [Jan. 8, 2007].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Ch. 31, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
+ Chapter 31. Sexual Offenses
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3101
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter A. General Provisions
>>>> s 3101. Definitions
Subject to additional definitions contained in subsequent provisions of this
chapter which are applicable to specific provisions of this chapter, the following
words and phrases when used in this chapter shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Complainant." An alleged victim of a crime under this chapter.
"Deviate sexual intercourse." Sexual intercourse per os or per anus between human
beings and any form of sexual intercourse with an animal. The term also includes
penetration, however slight, of the genitals or anus of another person with a
foreign object for any purpose other than good faith medical, hygienic or law
enforcement procedures.
"Forcible compulsion." Compulsion by use of physical, intellectual, moral,
emotional or psychological force, either express or implied. The term includes,
but is not limited to, compulsion resulting in another person's death, whether the
death occurred before, during or after sexual intercourse.
"Foreign object." Includes any physical object not a part of the actor's body.
"Indecent contact." Any touching of the sexual or other intimate parts of the
person for the purpose of arousing or gratifying sexual desire, in either person.
"Serious bodily injury." As defined in section 2301 (relating to definitions).
"Sexual intercourse." In addition to its ordinary meaning, includes intercourse
per os or per anus, with some penetration however slight; emission is not
required.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1984, Dec.
21, P.L. 1210, No. 230, s 1, effective in 60 days; 1990, Feb. 2, P.L. 6, No. 4, s
4, effective in 60 days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), s
1, effective in 60 days; 2002, Dec. 9, P.L. 1350, No. 162, s 1, effective in 60
days; 2002, Dec. 16, P.L. 1953, No. 226, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3102
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter A. General Provisions
>>>> s 3102. Mistake as to age
Except as otherwise provided, whenever in this chapter the criminality of conduct
depends on a child being below the age of 14 years, it is no defense that the
defendant did not know the age of the child or reasonably believed the child to be
the age of 14 years or older. When criminality depends on the child's being below
a critical age older than 14 years, it is a defense for the defendant to prove by
a preponderance of the evidence that he or she reasonably believed the child to be
above the critical age.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1976, May
18, P.L. 120, No. 53, s 1, effective in 30 days; 1995, March 31, P.L. 985, No. 10
(Spec. Sess. No. 1), s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter A. General Provisions
>>>> s 3103. Repealed. 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No.
1), s 2, effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter A. General Provisions
>>>> s 3104. Evidence of victim's sexual conduct
(a) General rule.--Evidence of specific instances of the alleged victim's past
sexual conduct, opinion evidence of the alleged victim's past sexual conduct, and
reputation evidence of the alleged victim's past sexual conduct shall not be
admissible in prosecutions under this chapter except evidence of the alleged
victim's past sexual conduct with the defendant where consent of the alleged
victim is at issue and such evidence is otherwise admissible pursuant to the rules
of evidence.
(b) Evidentiary proceedings.--A defendant who proposes to offer evidence of the
alleged victim's past sexual conduct pursuant to subsection (a) shall file a
written motion and offer of proof at the time of trial. If, at the time of trial,
the court determines that the motion and offer of proof are sufficient on their
faces, the court shall order an in camera hearing and shall make findings on the
record as to the relevance and admissibility of the proposed evidence pursuant to
the standards set forth in subsection (a).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1976, May
18, P.L. 120, No. 53, s 1, effective in 30 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3105
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter A. General Provisions
>>>> s 3105. Prompt complaint
Prompt reporting to public authority is not required in a prosecution under this
chapter: Provided, however, That nothing in this section shall be construed to
prohibit a defendant from introducing evidence of the complainant's failure to
promptly report the crime if such evidence would be admissible pursuant to the
rules of evidence.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1976, May
18, P.L. 120, No. 53, s 1, effective in 30 days; 1995, March 31, P.L. 985, No. 10
(Spec. Sess. No. 1), s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3106
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter A. General Provisions
>>>> s 3106. Testimony of complainants
The credibility of a complainant of an offense under this chapter shall be
determined by the same standard as is the credibility of a complainant of any
other crime. The testimony of a complainant need not be corroborated in
prosecutions under this chapter. No instructions shall be given cautioning the
jury to view the complainant's testimony in any other way than that in which all
complainants' testimony is viewed.
CREDIT(S)
1976, May 18, P.L. 120, No. 53, s 2, effective in 30 days. Amended 1995, March
31, P.L. 985, No. 10 (Spec. Sess. No. 1), s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3107
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter A. General Provisions
>>>> s 3107. Resistance not required
The alleged victim need not resist the actor in prosecutions under this chapter:
Provided, however, That nothing in this section shall be construed to prohibit a
defendant from introducing evidence that the alleged victim consented to the
conduct in question.
CREDIT(S)
1976, May 18, P.L. 120, No. 53, s 2, effective in 30 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3121
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3121. Rape
(a) Offense defined.--A person commits a felony of the first degree when the
person engages in sexual intercourse with a complainant:
(1) By forcible compulsion.
(2) By threat of forcible compulsion that would prevent resistance by a person
of reasonable resolution.
(3) Who is unconscious or where the person knows that the complainant is unaware
that the sexual intercourse is occurring.
(4) Where the person has substantially impaired the complainant's power to
appraise or control his or her conduct by administering or employing, without
the knowledge of the complainant, drugs, intoxicants or other means for the
purpose of preventing resistance.
(5) Who suffers from a mental disability which renders the complainant incapable
of consent.
(6) Deleted by 2002, Dec. 9, P.L. 1350, No. 162, s 2, effective in 60 days.
(b) Additional penalties.--In addition to the penalty provided for by subsection
(a), a person may be sentenced to an additional term not to exceed ten years'
confinement and an additional amount not to exceed $100,000 where the person
engages in sexual intercourse with a complainant and has substantially impaired
the complainant's power to appraise or control his or her conduct by administering
or employing, without the knowledge of the complainant, any substance for the
purpose of preventing resistance through the inducement of euphoria, memory loss
and any other effect of this substance.
Rape of a child.--A person commits the offense of rape of a child, a felony of
the first degree, when the person engages in sexual intercourse with a complainant
who is less than 13 years of age.
(d) Rape of a child with serious bodily injury.--A person commits the offense of
rape of a child resulting in serious bodily injury, a felony of the first degree,
when the person violates this section and the complainant is under 13 years of age
and suffers serious bodily injury in the course of the offense.
(e) Sentences.--Notwithstanding the provisions of section 1103 (relating to
sentence of imprisonment for felony), a person convicted of an offense under:
(1) Subsection shall be sentenced to a term of imprisonment which shall be
fixed by the court at not more than 40 years.
(2) Subsection (d) shall be sentenced up to a maximum term of life imprisonment.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1984, Dec.
21, P.L. 1210, No. 230, s 1, effective in 60 days; 1995, March 31, P.L. 985, No.
10 (Spec. Sess. No. 1), s 3, effective in 60 days; 1997, Dec. 19, P.L. 622, No.
65, s 2, effective in 60 days; 2002, Dec. 9, P.L. 1350, No. 162, s 2, effective
in 60 days; 2002, Dec. 16, P.L. 1953, No. 226, s 1.1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3122
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3122. Repealed. 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No.
1), s 4, effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3122.1
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3122.1. Statutory sexual assault
(a) Felony of the second degree.--Except as provided in section 3121 (relating to
rape), a person commits a felony of the second degree when that person engages in
sexual intercourse with a complainant to whom the person is not married who is
under the age of 16 years and that person is either:
(1) four years older but less than eight years older than the complainant; or
(2) eight years older but less than 11 years older than the complainant.
(b) Felony of the first degree.--A person commits a felony of the first degree
when that person engages in sexual intercourse with a complainant under the age of
16 years and that person is 11 or more years older than the complainant and the
complainant and the person are not married to each other.
CREDIT(S)
1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), s 5, effective in 60 days.
Amended 2011, Dec. 20, P.L. 446, No. 111, s 1, effective in 60 days [Feb. 21,
2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3123
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3123. Involuntary deviate sexual intercourse
(a) Offense defined.--A person commits a felony of the first degree when the
person engages in deviate sexual intercourse with a complainant:
(1) by forcible compulsion;
(2) by threat of forcible compulsion that would prevent resistance by a person
of reasonable resolution;
(3) who is unconscious or where the person knows that the complainant is unaware
that the sexual intercourse is occurring;
(4) where the person has substantially impaired the complainant's power to
appraise or control his or her conduct by administering or employing, without
the knowledge of the complainant, drugs, intoxicants or other means for the
purpose of preventing resistance;
(5) who suffers from a mental disability which renders him or her incapable of
consent; or
(6) Deleted by 2002, Dec. 9, P.L. 1350, No. 162, s 2, effective in 60 days.
(7) who is less than 16 years of age and the person is four or more years older
than the complainant and the complainant and person are not married to each
other.
(b) Involuntary deviate sexual intercourse with a child.--A person commits
involuntary deviate sexual intercourse with a child, a felony of the first degree,
when the person engages in deviate sexual intercourse with a complainant who is
less than 13 years of age.
Involuntary deviate sexual intercourse with a child with serious bodily
injury.--A person commits an offense under this section with a child resulting in
serious bodily injury, a felony of the first degree, when the person violates this
section and the complainant is less than 13 years of age and the complainant
suffers serious bodily injury in the course of the offense.
(d) Sentences.--Notwithstanding the provisions of section 1103 (relating to
sentence of imprisonment for felony), a person convicted of an offense under:
(1) Subsection (b) shall be sentenced to a term of imprisonment which shall be
fixed by the court at not more than 40 years.
(2) Subsection shall be sentenced up to a maximum term of life imprisonment.
(e) Definition.--As used in this section, the term "forcible compulsion" includes,
but is not limited to, compulsion resulting in another person's death, whether the
death occurred before, during or after the sexual intercourse.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995,
March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), s 6, effective in 60 days; 2002,
Dec. 9, P.L. 1350, No. 162, s 2, effective in 60 days; 2002, Dec. 16, P.L. 1953,
No. 226, s 1.1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3124
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3124. Repealed. 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No.
1), s 7, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3124.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3124.1. Sexual assault
Except as provided in section 3121 (relating to rape) or 3123 (relating to
involuntary deviate sexual intercourse), a person commits a felony of the second
degree when that person engages in sexual intercourse or deviate sexual
intercourse with a complainant without the complainant's consent.
CREDIT(S)
1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), s 8, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3124.2
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3124.2. Institutional sexual assault
(a) General rule.--Except as provided under subsection (a.1) and in sections 3121
(relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating
to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault)
and 3125 (relating to aggravated indecent assault), a person who is an employee or
agent of the Department of Corrections or a county correctional authority, youth
development center, youth forestry camp, State or county juvenile detention
facility, other licensed residential facility serving children and youth, or
mental health or mental retardation facility or institution commits a felony of
the third degree when that person engages in sexual intercourse, deviate sexual
intercourse or indecent contact with an inmate, detainee, patient or resident.
(a.1) Institutional sexual assault of a minor.--A person who is an employee or
agent of the Department of Corrections or a county correctional authority, youth
development center, youth forestry camp, State or county juvenile detention
facility, other licensed residential facility serving children and youth or mental
health or mental retardation facility or institution commits a felony of the third
degree when that person engages in sexual intercourse, deviate sexual intercourse
or indecent contact with an inmate, detainee, patient or resident who is under 18
years of age.
(a.2) Schools.--
(1) Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a person
who is a volunteer or an employee of a school or any other person who has direct
contact with a student at a school commits a felony of the third degree when he
engages in sexual intercourse, deviate sexual intercourse or indecent contact
with a student of the school.
(2) As used in this subsection, the following terms shall have the meanings
given to them in this paragraph:
(i) "Direct contact." Care, supervision, guidance or control.
(ii) "Employee."
(A) Includes:
(I) A teacher, a supervisor, a supervising principal, a principal, an
assistant principal, a vice principal, a director of vocational education, a
dental hygienist, a visiting teacher, a home and school visitor, a school
counselor, a child nutrition program specialist, a school librarian, a
school secretary the selection of whom is on the basis of merit as
determined by eligibility lists, a school nurse, a substitute teacher, a
janitor, a cafeteria worker, a bus driver, a teacher aide and any other
employee who has direct contact with school students.
(II) An independent contractor who has a contract with a school for the
purpose of performing a service for the school, a coach, an athletic
trainer, a coach hired as an independent contractor by the Pennsylvania
Interscholastic Athletic Association or an athletic trainer hired as an
independent contractor by the Pennsylvania Interscholastic Athletic
Association.
(B) The term does not include:
(I) A student employed at the school.
(II) An independent contractor or any employee of an independent contractor
who has no direct contact with school students.
(iii) "School." A public or private school, intermediate unit or area
vocational-technical school.
(iv) "Volunteer." The term does not include a school student.
(a.3) Child care.--Except as provided in sections 3121, 3122.1, 3123, 3124.1 and
3125, a person who is a volunteer or an employee of a center for children commits
a felony of the third degree when he engages in sexual intercourse, deviate sexual
intercourse or indecent contact with a child who is receiving services at the
center.
(b) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection unless the context clearly
indicates otherwise:
"Agent." A person who is assigned to work in a State or county correctional or
juvenile detention facility, a youth development center, youth forestry camp,
other licensed residential facility serving children and youth or mental health or
mental retardation facility or institution, who is employed by any State or county
agency or any person employed by an entity providing contract services to the
agency.
"Center for children." Includes a child day-care center, group and family
day-care home, boarding home for children, a center providing early intervention
and drug and alcohol services for children or other facility which provides
child-care services which are subject to approval, licensure, registration or
certification by the Department of Public Welfare or a county social services
agency or which are provided pursuant to a contract with the department or a
county social services agency. The term does not include a youth development
center, youth forestry camp, State or county juvenile detention facility and other
licensed residential facility serving children and youth.
CREDIT(S)
1998, Dec. 21, P.L. 1240, No. 157, s 1, effective in 60 days. Amended 2000, May
10, P.L. 38, No. 12, s 1, effective in 60 days; 2011, Dec. 20, P.L. 446, No. 111,
s 1, effective in 60 days [Feb. 21, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3125
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3125. Aggravated indecent assault
(a) Offenses defined.--Except as provided in sections 3121 (relating to rape),
3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary
deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who
engages in penetration, however slight, of the genitals or anus of a complainant
with a part of the person's body for any purpose other than good faith medical,
hygienic or law enforcement procedures commits aggravated indecent assault if:
(1) the person does so without the complainant's consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution;
(4) the complainant is unconscious or the person knows that the complainant is
unaware that the penetration is occurring;
(5) the person has substantially impaired the complainant's power to appraise or
control his or her conduct by administering or employing, without the knowledge
of the complainant, drugs, intoxicants or other means for the purpose of
preventing resistance;
(6) the complainant suffers from a mental disability which renders him or her
incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) the complainant is less than 16 years of age and the person is four or more
years older than the complainant and the complainant and the person are not
married to each other.
(b) Aggravated indecent assault of a child.--A person commits aggravated indecent
assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5)
or (6) and the complainant is less than 13 years of age.
Grading and sentences.--
(1) An offense under subsection (a) is a felony of the second degree.
(2) An offense under subsection (b) is a felony of the first degree.
CREDIT(S)
1990, Feb. 2, P.L. 6, No. 4, s 5, effective in 60 days. Amended 1995, March 31,
P.L. 985, No. 10 (Spec. Sess. No. 1), s 9, effective in 60 days; 2002, Dec. 9,
P.L. 1350, No. 162, s 2, effective in 60 days; 2002, Dec. 16, P.L. 1953, No. 226,
s 1.1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3126
Effective: January 23, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3126. Indecent assault
(a) Offense defined.--A person is guilty of indecent assault if the person has
indecent contact with the complainant, causes the complainant to have indecent
contact with the person or intentionally causes the complainant to come into
contact with seminal fluid, urine or feces for the purpose of arousing sexual
desire in the person or the complainant and:
(1) the person does so without the complainant's consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution;
(4) the complainant is unconscious or the person knows that the complainant is
unaware that the indecent contact is occurring;
(5) the person has substantially impaired the complainant's power to appraise or
control his or her conduct by administering or employing, without the knowledge
of the complainant, drugs, intoxicants or other means for the purpose of
preventing resistance;
(6) the complainant suffers from a mental disability which renders the
complainant incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) the complainant is less than 16 years of age and the person is four or more
years older than the complainant and the complainant and the person are not
married to each other.
(b) Grading.--Indecent assault shall be graded as follows:
(1) An offense under subsection (a)(1) or (8) is a misdemeanor of the second
degree.
(2) An offense under subsection (a)(2), (3), (4), (5) or (6) is a misdemeanor of
the first degree.
(3) An offense under subsection (a)(7) is a misdemeanor of the first degree
unless any of the following apply, in which case it is a felony of the third
degree:
(i) It is a second or subsequent offense.
(ii) There has been a course of conduct of indecent assault by the person.
(iii) The indecent assault was committed by touching the complainant's sexual
or intimate parts with sexual or intimate parts of the person.
(iv) The indecent assault is committed by touching the person's sexual or
intimate parts with the complainant's sexual or intimate parts.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1976, May
18, P.L. 120, No. 53, s 1, effective in 30 days; 1990, Feb. 2, P.L. 6, No. 4, s
6, effective in 60 days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), s
9, effective in 60 days; 2005, Nov. 23, P.L. 412, No. 76, s 1, effective in 60
days [Jan. 23, 2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3127
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3127. Indecent exposure
(a) Offense defined.--A person commits indecent exposure if that person exposes
his or her genitals in any public place or in any place where there are present
other persons under circumstances in which he or she knows or should know that
this conduct is likely to offend, affront or alarm.
(b) Grading.--If the person knows or should have known that any of the persons
present are less than 16 years of age, indecent exposure under subsection (a) is a
misdemeanor of the first degree. Otherwise, indecent exposure under subsection
(a) is a misdemeanor of the second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995,
March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), s 9, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3128
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3128. Repealed. 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No.
1), s 10, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3129
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3129. Sexual intercourse with animal
A person who engages in any form of sexual intercourse with an animal commits a
misdemeanor of the second degree.
CREDIT(S)
1999, June 18, P.L. 67, No. 8, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3130
Effective: December 20, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses
>>>> s 3130. Conduct relating to sex offenders
(a) Offense defined.--A person commits a felony of the third degree if the person
has reason to believe that a sex offender is not complying with or has not
complied with the requirements of the sex offender's probation or parole, imposed
by statute or court order, or with the registration requirements of 42 Pa.C.S. Ch.
97 Subch. H (relating to registration of sexual offenders), and the person, with
the intent to assist the sex offender in eluding a law enforcement agent or agency
that is seeking to find the sex offender to question the sex offender about, or to
arrest the sex offender for, noncompliance with the requirements of the sex
offender's probation or parole or the requirements of 42 Pa.C.S. Ch. 97 Subch. H:
(1) withholds information from or does not notify the law enforcement agent or
agency about the sex offender's noncompliance with the requirements of parole,
the requirements of 42 Pa.C.S. Ch. 97 Subch. H or, if known, the sex offender's
whereabouts;
(2) harbors or attempts to harbor or assist another person in harboring or
attempting to harbor the sex offender;
(3) conceals or attempts to conceal, or assists another person in concealing or
attempting to conceal, the sex offender; or
(4) provides information to the law enforcement agent or agency regarding the
sex offender which the person knows to be false.
(b) Definition.--As used in this section, the term "sex offender" means a person
who is required to register with the Pennsylvania State Police pursuant to the
provisions of 42 Pa.C.S. Ch. 97 Subch. H.
CREDIT(S)
2006, Nov. 29, P.L. 1567, No. 178, s 1, effective Jan. 1, 2007. Amended 2011,
Dec. 20, P.L. 446, No. 111, s 1, effective in one year [Dec. 20, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3141
Effective: December 20, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter C. Loss of Property Rights
>>>> s 3141. General rule
A person:
(1) convicted under section 3121 (relating to rape), 3122.1 (relating to
statutory sexual assault), 3123 (relating to involuntary deviate sexual
intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated
indecent assault) or 3126 (relating to indecent assault); or
(2) required to register with the Pennsylvania State Police under 42 Pa.C.S. Ch.
97 Subch. H (relating to registration of sexual offenders);
may be required to forfeit property rights in any property or assets used to
implement or facilitate commission of the crime or crimes of which the person has
been convicted. Such property may include, but is not limited to, a computer or
computers, telephone equipment, firearms, licit or illicit prescription drugs or
controlled substances, a motor vehicle or such other property or assets as
determined by the court of common pleas to have facilitated the person's criminal
misconduct.
CREDIT(S)
2006, Nov. 29, P.L. 1567, No. 178, s 2, effective Jan. 1, 2007. Amended 2011,
Dec. 20, P.L. 446, No. 111, s 1, effective in one year [Dec. 20, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3142
Effective: January 1, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter C. Loss of Property Rights
>>>> s 3142. Process and seizure
(a) Seizure.--Property subject to forfeiture under this section may be seized by
law enforcement authority upon process issued by the court of common pleas having
jurisdiction over the person or property.
(b) Seizure without process.--Seizure without process may be made if the seizure
is incident to an arrest or a search under a search warrant and there is probable
cause to be believe that the property was or is material to the charges for which
the arrest or search warrant was issued. In seizures without process, proceedings
for the issuance thereof shall be instituted immediately.
Return of property.--Property belonging to someone other than the convicted
sex offender or registrant shall be returned if the offense was committed without
the knowledge or consent of the owner.
CREDIT(S)
2006, Nov. 29, P.L. 1567, No. 178, s 2, effective Jan. 1, 2007.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3143
Effective: January 1, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter C. Loss of Property Rights
>>>> s 3143. Custody of property
Property taken or detained under this subchapter is deemed to be the property of
the law enforcement authority having custody thereof and is subject only to the
court of common pleas having jurisdiction over the criminal or forfeiture
proceedings, the district attorney in the matter or the Attorney General.
CREDIT(S)
2006, Nov. 29, P.L. 1567, No. 178, s 2, effective Jan. 1, 2007.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3144
Effective: January 1, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 31. Sexual Offenses (Refs & Annos)
+ Subchapter C. Loss of Property Rights
>>>> s 3144. Disposal of property
Property taken or detained pursuant to the provisions of this subchapter shall be
sold in the manner of property forfeited under 42 Pa.C.S. Ch. 68 (relating to
forfeitures). The net proceeds, as determined by the law enforcement authority
having custody thereof, shall be utilized for investigation or prosecution of
sexual offenses or donated to nonprofit charitable institutions which provide
counseling and other assistance to victims of sexual offenses.
CREDIT(S)
2006, Nov. 29, P.L. 1567, No. 178, s 2, effective Jan. 1, 2007.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. B, Ch. 32, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person
+ Chapter 32. Abortion
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3201
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3201. Short title of chapter
This chapter shall be known and may be cited as the "Abortion Control Act."
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3202
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3202. Legislative intent
(a) Rights and interests.--It is the intention of the General Assembly of the
Commonwealth of Pennsylvania to protect hereby the life and health of the woman
subject to abortion and to protect the life and health of the child subject to
abortion. It is the further intention of the General Assembly to foster the
development of standards of professional conduct in a critical area of medical
practice, to provide for development of statistical data and to protect the right
of the minor woman voluntarily to decide to submit to abortion or to carry her
child to term. The General Assembly finds as fact that the rights and interests
furthered by this chapter are not secure in the context in which abortion is
presently performed.
(b) Conclusions.--Reliable and convincing evidence has compelled the General
Assembly to conclude and the General Assembly does hereby solemnly declare and
find that:
(1) Many women now seek or are encouraged to undergo abortions without full
knowledge of the development of the unborn child or of alternatives to abortion.
(2) The gestational age at which viability of an unborn child occurs has been
lowering substantially and steadily as advances in neonatal medical care
continue to be made.
(3) A significant number of late-term abortions result in live births, or in
delivery of children who could survive if measures were taken to bring about
breathing. Some physicians have been allowing these children to die or have
been failing to induce breathing.
(4) Because the Commonwealth places a supreme value upon protecting human life,
it is necessary that those physicians which it permits to practice medicine be
held to precise standards of care in cases where their actions do or may result
in the death of an unborn child.
(5) A reasonable waiting period, as contained in this chapter, is critical to
the assurance that a woman elect to undergo an abortion procedure only after
having the fullest opportunity to give her informed consent thereto.
Construction.--In every relevant civil or criminal proceeding in which it is
possible to do so without violating the Federal Constitution, the common and
statutory law of Pennsylvania shall be construed so as to extend to the unborn the
equal protection of the laws and to further the public policy of this Commonwealth
encouraging childbirth over abortion.
(d) Right of conscience.--It is the further public policy of the Commonwealth of
Pennsylvania to respect and protect the right of conscience of all persons who
refuse to obtain, receive, subsidize, accept or provide abortions including those
persons who are engaged in the delivery of medical services and medical care
whether acting individually, corporately or in association with other persons;
and to prohibit all forms of discrimination, disqualification, coercion,
disability or imposition of liability or financial burden upon such persons or
entities by reason of their refusing to act contrary to their conscience or
conscientious convictions in refusing to obtain, receive, subsidize, accept or
provide abortions.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3203
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3203. Definitions
The following words and phrases when used in this chapter shall have, unless the
context clearly indicates otherwise, the meanings given to them in this section:
"Abortion." The use of any means to terminate the clinically diagnosable
pregnancy of a woman with knowledge that the termination by those means will, with
reasonable likelihood, cause the death of the unborn child except that, for the
purposes of this chapter, abortion shall not mean the use of an intrauterine
device or birth control pill to inhibit or prevent ovulation, fertilization or the
implantation of a fertilized ovum within the uterus.
"Born alive." When used with regard to a human being, means that the human being
was completely expelled or extracted from her or his mother and after such
separation breathed or showed evidence of any of the following: beating of the
heart, pulsation of the umbilical cord, definite movement of voluntary muscles or
any brain-wave activity.
"Complication." Includes but is not limited to hemorrhage, infection, uterine
perforation, cervical laceration and retained products. The department may
further define complication.
"Conscience." A sincerely held set of moral convictions arising from belief in
and relation to a deity or which, though not so derived, obtains from a place in
the life of its possessor parallel to that filled by a deity among adherents to
religious faiths.
"Department." The Department of Health of the Commonwealth of Pennsylvania.
"Facility" or "medical facility." Any public or private hospital, clinic, center,
medical school, medical training institution, health care facility, physician's
office, infirmary, dispensary, ambulatory surgical treatment center or other
institution or location wherein medical care is provided to any person.
"Fertilization" and "conception." Each term shall mean the fusion of a human
spermatozoon with a human ovum.
"First trimester." The first 12 weeks of gestation.
"Gestational age." The age of the unborn child as calculated from the first day
of the last menstrual period of the pregnant woman.
"Hospital." An institution licensed pursuant to the provisions of the law of this
Commonwealth.
"In vitro fertilization." The purposeful fertilization of a human ovum outside
the body of a living human female.
"Medical emergency." That condition which, on the basis of the physician's good
faith clinical judgment, so complicates the medical condition of a pregnant woman
as to necessitate the immediate abortion of her pregnancy to avert her death or
for which a delay will create serious risk of substantial and irreversible
impairment of major bodily function.
"Medical personnel." Any nurse, nurse's aide, medical school student,
professional or any other person who furnishes, or assists in the furnishing of,
medical care.
"Physician." Any person licensed to practice medicine in this Commonwealth. The
term includes medical doctors and doctors of osteopathy.
"Pregnancy" and "pregnant." Each term shall mean that female reproductive
condition of having a developing fetus in the body and commences with
fertilization.
"Probable gestational age of the unborn child." What, in the judgment of the
attending physician, will with reasonable probability be the gestational age of
the unborn child at the time the abortion is planned to be performed.
"Unborn child" and "fetus." Each term shall mean an individual organism of the
species homo sapiens from fertilization until live birth.
"Viability." That stage of fetal development when, in the judgment of the
physician based on the particular facts of the case before him and in light of the
most advanced medical technology and information available to him, there is a
reasonable likelihood of sustained survival of the unborn child outside the body
of his or her mother, with or without artificial support.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 3, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3204
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3204. Medical consultation and judgment
(a) Abortion prohibited; exceptions.--No abortion shall be performed except by a
physician after either:
(1) he determines that, in his best clinical judgment, the abortion is
necessary; or
(2) he receives what he reasonably believes to be a written statement signed by
another physician, hereinafter called the "referring physician," certifying that
in this referring physician's best clinical judgment the abortion is necessary.
(b) Requirements.--Except in a medical emergency where there is insufficient time
before the abortion is performed, the woman upon whom the abortion is to be
performed shall have a private medical consultation either with the physician who
is to perform the abortion or with the referring physician. The consultation will
be in a place, at a time and of a duration reasonably sufficient to enable the
physician to determine whether, based on his best clinical judgment, the abortion
is necessary.
Factors.--In determining in accordance with subsection (a) or (b) whether an
abortion is necessary, a physician's best clinical judgment may be exercised in
the light of all factors (physical, emotional, psychological, familial and the
woman's age) relevant to the well-being of the woman. No abortion which is sought
solely because of the sex of the unborn child shall be deemed a necessary
abortion.
(d) Penalty.--Any person who intentionally, knowingly or recklessly violates the
provisions of this section commits a felony of the third degree, and any physician
who violates the provisions of this section is guilty of "unprofessional conduct"
and his license for the practice of medicine and surgery shall be subject to
suspension or revocation in accordance with procedures provided under the act of
October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice
Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical
Practice Act of 1985, [FN2] or their successor acts.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 2, effective in 60 days.
[FN1] 63 P.S. s 271.1 et seq.
[FN2] 63 P.S. s 422.1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3205
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3205. Informed consent
(a) General rule.--No abortion shall be performed or induced except with the
voluntary and informed consent of the woman upon whom the abortion is to be
performed or induced. Except in the case of a medical emergency, consent to an
abortion is voluntary and informed if and only if:
(1) At least 24 hours prior to the abortion, the physician who is to perform the
abortion or the referring physician has orally informed the woman of:
(i) The nature of the proposed procedure or treatment and of those risks and
alternatives to the procedure or treatment that a reasonable patient would
consider material to the decision of whether or not to undergo the abortion.
(ii) The probable gestational age of the unborn child at the time the abortion
is to be performed.
(iii) The medical risks associated with carrying her child to term.
(2) At least 24 hours prior to the abortion, the physician who is to perform the
abortion or the referring physician, or a qualified physician assistant, health
care practitioner, technician or social worker to whom the responsibility has
been delegated by either physician, has informed the pregnant woman that:
(i) The department publishes printed materials which describe the unborn child
and list agencies which offer alternatives to abortion and that she has a right
to review the printed materials and that a copy will be provided to her free of
charge if she chooses to review it.
(ii) Medical assistance benefits may be available for prenatal care, childbirth
and neonatal care, and that more detailed information on the availability of
such assistance is contained in the printed materials published by the
department.
(iii) The father of the unborn child is liable to assist in the support of her
child, even in instances where he has offered to pay for the abortion. In the
case of rape, this information may be omitted.
(3) A copy of the printed materials has been provided to the pregnant woman if
she chooses to view these materials.
(4) The pregnant woman certifies in writing, prior to the abortion, that the
information required to be provided under paragraphs (1), (2) and (3) has been
provided.
(b) Emergency.--Where a medical emergency compels the performance of an abortion,
the physician shall inform the woman, prior to the abortion if possible, of the
medical indications supporting his judgment that an abortion is necessary to avert
her death or to avert substantial and irreversible impairment of major bodily
function.
Penalty.--Any physician who violates the provisions of this section is guilty
of "unprofessional conduct" and his license for the practice of medicine and
surgery shall be subject to suspension or revocation in accordance with procedures
provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the
Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457,
No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor
acts. Any physician who performs or induces an abortion without first obtaining
the certification required by subsection (a)(4) or with knowledge or reason to
know that the informed consent of the woman has not been obtained shall for the
first offense be guilty of a summary offense and for each subsequent offense be
guilty of a misdemeanor of the third degree. No physician shall be guilty of
violating this section for failure to furnish the information required by
subsection (a) if he or she can demonstrate, by a preponderance of the evidence,
that he or she reasonably believed that furnishing the information would have
resulted in a severely adverse effect on the physical or mental health of the
patient.
(d) Limitation on civil liability.--Any physician who complies with the provisions
of this section may not be held civilly liable to his patient for failure to
obtain informed consent to the abortion within the meaning of that term as defined
by the act of October 15, 1975 (P.L.390, No.111), known as the Health Care
Services Malpractice Act. [FN3]
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 2, effective in 60 days.
[FN1] 63 P.S. s 271.1 et seq.
[FN2] 63 P.S. s 422.1 et seq.
[FN3] 40 P.S. s 1301.101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3206
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3206. Parental consent
(a) General rule.--Except in the case of a medical emergency, or except as
provided in this section, if a pregnant woman is less than 18 years of age and not
emancipated, or if she has been adjudged an incapacitated person under 20 Pa.C.S.
s 5511 (relating to petition and hearing; independent evaluation), a physician
shall not perform an abortion upon her unless, in the case of a woman who is less
than 18 years of age, he first obtains the informed consent both of the pregnant
woman and of one of her parents; or, in the case of a woman who is an
incapacitated person, he first obtains the informed consent of her guardian. In
deciding whether to grant such consent, a pregnant woman's parent or guardian
shall consider only their child's or ward's best interests. In the case of a
pregnancy that is the result of incest where the father is a party to the
incestuous act, the pregnant woman need only obtain the consent of her mother.
(b) Unavailability of parent or guardian.--If both parents have died or are
otherwise unavailable to the physician within a reasonable time and in a
reasonable manner, consent of the pregnant woman's guardian or guardians shall be
sufficient. If the pregnant woman's parents are divorced, consent of the parent
having custody shall be sufficient. If neither any parent nor a legal guardian is
available to the physician within a reasonable time and in a reasonable manner,
consent of any adult person standing in loco parentis shall be sufficient.
Petition to court for consent.--If both of the parents or guardians of the
pregnant woman refuse to consent to the performance of an abortion or if she
elects not to seek the consent of either of her parents or of her guardian, the
court of common pleas of the judicial district in which the applicant resides or
in which the abortion is sought shall, upon petition or motion, after an
appropriate hearing, authorize a physician to perform the abortion if the court
determines that the pregnant woman is mature and capable of giving informed
consent to the proposed abortion, and has, in fact, given such consent.
(d) Court order.--If the court determines that the pregnant woman is not mature
and capable of giving informed consent or if the pregnant woman does not claim to
be mature and capable of giving informed consent, the court shall determine
whether the performance of an abortion upon her would be in her best interests.
If the court determines that the performance of an abortion would be in the best
interests of the woman, it shall authorize a physician to perform the abortion.
(e) Representation in proceedings.--The pregnant woman may participate in
proceedings in the court on her own behalf and the court may appoint a guardian ad
litem to assist her. The court shall, however, advise her that she has a right to
court appointed counsel, and shall provide her with such counsel unless she wishes
to appear with private counsel or has knowingly and intelligently waived
representation by counsel.
(f) Proceedings.--
(1) Court proceedings under this section shall be confidential and shall be
given such precedence over other pending matters as will ensure that the court
may reach a decision promptly and without delay in order to serve the best
interests of the pregnant woman. In no case shall the court of common pleas
fail to rule within three business days of the date of application. A court of
common pleas which conducts proceedings under this section shall make in writing
specific factual findings and legal conclusions supporting its decision and
shall, upon the initial filing of the minor's petition for judicial
authorization of an abortion, order a sealed record of the petition, pleadings,
submissions, transcripts, exhibits, orders, evidence and any other written
material to be maintained which shall include its own findings and conclusions.
(2) The application to the court of common pleas shall be accompanied by a
non-notarized verification stating that the information therein is true and
correct to the best of the applicant's knowledge, and the application shall set
forth the following facts:
(i) The initials of the pregnant woman.
(ii) The age of the pregnant woman.
(iii) The names and addresses of each parent, guardian or, if the minor's
parents are deceased and no guardian has been appointed, any other person
standing in loco parentis to the minor.
(iv) That the pregnant woman has been fully informed of the risks and
consequences of the abortion.
(v) Whether the pregnant woman is of sound mind and has sufficient intellectual
capacity to consent to the abortion.
(vi) A prayer for relief asking the court to either grant the pregnant woman
full capacity for the purpose of personal consent to the abortion, or to give
judicial consent to the abortion under subsection (d) based upon a finding that
the abortion is in the best interest of the pregnant woman.
(vii) That the pregnant woman is aware that any false statements made in the
application are punishable by law.
(viii) The signature of the pregnant woman. Where necessary to serve the
interest of justice, the orphans' court division, or, in Philadelphia, the
family court division, shall refer the pregnant woman to the appropriate
personnel for assistance in preparing the application.
(3) The name of the pregnant woman shall not be entered on any docket which is
subject to public inspection. All persons shall be excluded from hearings under
this section except the applicant and such other persons whose presence is
specifically requested by the applicant or her guardian.
(4) At the hearing, the court shall hear evidence relating to the emotional
development, maturity, intellect and understanding of the pregnant woman, the
fact and duration of her pregnancy, the nature, possible consequences and
alternatives to the abortion and any other evidence that the court may find
useful in determining whether the pregnant woman should be granted full capacity
for the purpose of consenting to the abortion or whether the abortion is in the
best interest of the pregnant woman. The court shall also notify the pregnant
woman at the hearing that it must rule on her application within three business
days of the date of its filing and that, should the court fail to rule in favor
of her application within the allotted time, she has the right to appeal to the
Superior Court.
(g) Coercion prohibited.--Except in a medical emergency, no parent, guardian or
other person standing in loco parentis shall coerce a minor or incapacitated woman
to undergo an abortion. Any minor or incapacitated woman who is threatened with
such coercion may apply to a court of common pleas for relief. The court shall
provide the minor or incapacitated woman with counsel, give the matter expedited
consideration and grant such relief as may be necessary to prevent such coercion.
Should a minor be denied the financial support of her parents by reason of her
refusal to undergo abortion, she shall be considered emancipated for purposes of
eligibility for assistance benefits.
(h) Regulation of proceedings.--No filing fees shall be required of any woman
availing herself of the procedures provided by this section. An expedited
confidential appeal shall be available to any pregnant woman whom the court fails
to grant an order authorizing an abortion within the time specified in this
section. Any court to which an appeal is taken under this section shall give
prompt and confidential attention thereto and shall rule thereon within five
business days of the filing of the appeal. The Supreme Court of Pennsylvania may
issue such rules as may further assure that the process provided in this section
is conducted in such a manner as will ensure confidentiality and sufficient
precedence over other pending matters to ensure promptness of disposition.
(i) Penalty.--Any person who performs an abortion upon a woman who is an
unemancipated minor or incapacitated person to whom this section applies either
with knowledge that she is a minor or incapacitated person to whom this section
applies, or with reckless disregard or negligence as to whether she is a minor or
incapacitated person to whom this section applies, and who intentionally,
knowingly or recklessly fails to conform to any requirement of this section is
guilty of "unprofessional conduct" and his license for the practice of medicine
and surgery shall be suspended in accordance with procedures provided under the
act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical
Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the
Medical Practice Act of 1985, [FN2] or their successor acts, for a period of at
least three months. Failure to comply with the requirements of this section is
prima facie evidence of failure to obtain informed consent and of interference
with family relations in appropriate civil actions. The law of this Commonwealth
shall not be construed to preclude the award of exemplary damages or damages for
emotional distress even if unaccompanied by physical complications in any
appropriate civil action relevant to violations of this section. Nothing in this
section shall be construed to limit the common law rights of parents.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 2, effective in 60 days; 1992, April 16, P.L. 108, No. 24, s 17, effective in
60 days.
[FN1] 63 P.S. s 271.1 et seq.
[FN2] 63 P.S. s 422.1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3207
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3207. Abortion facilities
(a) Regulations.--The department shall have power to make rules and regulations
pursuant to this chapter, with respect to performance of abortions and with
respect to facilities in which abortions are performed, so as to protect the
health and safety of women having abortions and of premature infants aborted
alive. These rules and regulations shall include, but not be limited to,
procedures, staff, equipment and laboratory testing requirements for all
facilities offering abortion services.
(b) Reports.--Within 30 days after the effective date of this chapter, every
facility at which abortions are performed shall file, and update immediately upon
any change, a report with the department, containing the following information:
(1) Name and address of the facility.
(2) Name and address of any parent, subsidiary or affiliated organizations,
corporations or associations.
(3) Name and address of any parent, subsidiary or affiliated organizations,
corporations or associations having contemporaneous commonality of ownership,
beneficial interest, directorship or officership with any other facility.
The information contained in those reports which are filed pursuant to this
subsection by facilities which receive State-appropriated funds during the
12-calendar-month period immediately preceding a request to inspect or copy such
reports shall be deemed public information. Reports filed by facilities which do
not receive State appropriated funds shall only be available to law enforcement
officials, the State Board of Medicine and the State Board of Osteopathic Medicine
for use in the performance of their official duties. Any facility failing to
comply with the provisions of this subsection shall be assessed by the department
a fine of $500 for each day it is in violation hereof.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, 262, P.L. No. 31, s 4, effective in 30 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3208
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3208. Printed information
(a) General rule.--The department shall cause to be published in English, Spanish
and Vietnamese, within 60 days after this chapter becomes law, and shall update on
an annual basis, the following easily comprehensible printed materials:
(1) Geographically indexed materials designed to inform the woman of public and
private agencies and services available to assist a woman through pregnancy,
upon childbirth and while the child is dependent, including adoption agencies,
which shall include a comprehensive list of the agencies available, a
description of the services they offer and a description of the manner,
including telephone numbers, in which they might be contacted, or, at the option
of the department, printed materials including a toll-free, 24-hour a day
telephone number which may be called to obtain, orally, such a list and
description of agencies in the locality of the caller and of the services they
offer. The materials shall provide information on the availability of medical
assistance benefits for prenatal care, childbirth and neonatal care, and state
that it is unlawful for any individual to coerce a woman to undergo abortion,
that any physician who performs an abortion upon a woman without obtaining her
informed consent or without according her a private medical consultation may be
liable to her for damages in a civil action at law, that the father of a child
is liable to assist in the support of that child, even in instances where the
father has offered to pay for an abortion and that the law permits adoptive
parents to pay costs of prenatal care, childbirth and neonatal care.
(2) Materials designed to inform the woman of the probable anatomical and
physiological characteristics of the unborn child at two-week gestational
increments from fertilization to full term, including pictures representing the
development of unborn children at two-week gestational increments, and any
relevant information on the possibility of the unborn child's survival;
provided that any such pictures or drawings must contain the dimensions of the
fetus and must be realistic and appropriate for the woman's stage of pregnancy.
The materials shall be objective, nonjudgmental and designed to convey only
accurate scientific information about the unborn child at the various
gestational ages. The material shall also contain objective information
describing the methods of abortion procedures commonly employed, the medical
risks commonly associated with each such procedure, the possible detrimental
psychological effects of abortion and the medical risks commonly associated with
each such procedure and the medical risks commonly associated with carrying a
child to term.
(b) Format.--The materials shall be printed in a typeface large enough to be
clearly legible.
Free distribution.--The materials required under this section shall be
available at no cost from the department upon request and in appropriate number to
any person, facility or hospital.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 2, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3208.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3208.1. Commonwealth interference prohibited
The Commonwealth shall not interfere with the use of medically appropriate methods
of contraception or the manner in which medically appropriate methods of
contraception are provided.
CREDIT(S)
1989, Nov. 17, P.L. 592, No. 64, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3209
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3209. Spousal notice
(a) Spousal notice required.--In order to further the Commonwealth's interest in
promoting the integrity of the marital relationship and to protect a spouse's
interests in having children within marriage and in protecting the prenatal life
of that spouse's child, no physician shall perform an abortion on a married woman,
except as provided in subsections (b) and , unless he or she has received a
signed statement, which need not be notarized, from the woman upon whom the
abortion is to be performed, that she has notified her spouse that she is about to
undergo an abortion. The statement shall bear a notice that any false statement
made therein is punishable by law.
(b) Exceptions.--The statement certifying that the notice required by subsection
(a) has been given need not be furnished where the woman provides the physician a
signed statement certifying at least one of the following:
(1) Her spouse is not the father of the child.
(2) Her spouse, after diligent effort, could not be located.
(3) The pregnancy is a result of spousal sexual assault as described in section
3128 (relating to spousal sexual assault), which has been reported to a law
enforcement agency having the requisite jurisdiction.
(4) The woman has reason to believe that the furnishing of notice to her spouse
is likely to result in the infliction of bodily injury upon her by her spouse or
by another individual.
Such statement need not be notarized, but shall bear a notice that any false
statements made therein are punishable by law.
Medical emergency.--The requirements of subsection (a) shall not apply in case
of a medical emergency.
(d) Forms.--The department shall cause to be published forms which may be utilized
for purposes of providing the signed statements required by subsections (a) and
(b). The department shall distribute an adequate supply of such forms to all
abortion facilities in this Commonwealth.
(e) Penalty; civil action.--Any physician who violates the provisions of this
section is guilty of "unprofessional conduct," and his or her license for the
practice of medicine and surgery shall be subject to suspension or revocation in
accordance with procedures provided under the act of October 5, 1978 (P.L. 1109,
No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December
20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or
their successor acts. In addition, any physician who knowingly violates the
provisions of this section shall be civilly liable to the spouse who is the father
of the aborted child for any damages caused thereby and for punitive damages in
the amount of $5,000, and the court shall award a prevailing plaintiff a
reasonable attorney fee as part of costs.
CREDIT(S)
1989, Nov. 17, P.L. 592, No. 64, s 3.
[FN1] 63 P.S. s 271.1 et seq.
[FN2] 63 P.S. s 422.1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3210
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3210. Determination of gestational age
(a) Requirement.--Except in the case of a medical emergency which prevents
compliance with this section, no abortion shall be performed or induced unless the
referring physician or the physician performing or inducing it has first made a
determination of the probable gestational age of the unborn child. In making such
determination, the physician shall make such inquiries of the patient and perform
or cause to be performed such medical examinations and tests as a prudent
physician would consider necessary to make or perform in making an accurate
diagnosis with respect to gestational age. The physician who performs or induces
the abortion shall report the type of inquiries made and the type of examinations
and tests utilized to determine the gestational age of the unborn child and the
basis for the diagnosis with respect to gestational age on forms provided by the
department.
(b) Penalty.--Failure of any physician to conform to any requirement of this
section constitutes "unprofessional conduct" within the meaning of the act of
October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice
Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical
Practice Act of 1985, [FN2] or their successor acts. Upon a finding by the State
Board of Medicine or the State Board of Osteopathic Medicine that any physician
has failed to conform to any requirement of this section, the board shall not fail
to suspend that physician's license for a period of at least three months.
Intentional, knowing or reckless falsification of any report required under this
section is a misdemeanor of the third degree.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 6, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 4, effective in 60 days.
[FN1] 63 P.S. s 271.1 et seq.
[FN2] 63 P.S. s 422.1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3211
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3211. Abortion on unborn child of 24 or more weeks gestational age
(a) Prohibition.--Except as provided in subsection (b), no person shall perform or
induce an abortion upon another person when the gestational age of the unborn
child is 24 or more weeks.
(b) Exceptions.--
(1) It shall not be a violation of subsection (a) if an abortion is performed by
a physician and that physician reasonably believes that it is necessary to
prevent either the death of the pregnant woman or the substantial and
irreversible impairment of a major bodily function of the woman. No abortion
shall be deemed authorized under this paragraph if performed on the basis of a
claim or a diagnosis that the woman will engage in conduct which would result in
her death or in substantial and irreversible impairment of a major bodily
function.
(2) It shall not be a violation of subsection (a) if the abortion is performed
by a physician and that physician reasonably believes, after making a
determination of the gestational age of the unborn child in compliance with
section 3210 (relating to determination of gestational age), that the unborn
child is less than 24 weeks gestational age.
Abortion regulated.--Except in the case of a medical emergency which, in the
reasonable medical judgment of the physician performing the abortion, prevents
compliance with a particular requirement of this subsection, no abortion which is
authorized under subsection (b)(1) shall be performed unless each of the following
conditions is met:
(1) The physician performing the abortion certifies in writing that, based upon
his medical examination of the pregnant woman and his medical judgment, the
abortion is necessary to prevent either the death of the pregnant woman or the
substantial and irreversible impairment of a major bodily function of the woman.
(2) Such physician's judgment with respect to the necessity for the abortion has
been concurred in by one other licensed physician who certifies in writing that,
based upon his or her separate personal medical examination of the pregnant
woman and his or her medical judgment, the abortion is necessary to prevent
either the death of the pregnant woman or the substantial and irreversible
impairment of a major bodily function of the woman.
(3) The abortion is performed in a hospital.
(4) The physician terminates the pregnancy in a manner which provides the best
opportunity for the unborn child to survive, unless the physician determines, in
his or her good faith medical judgment, that termination of the pregnancy in
that manner poses a significantly greater risk either of the death of the
pregnant woman or the substantial and irreversible impairment of a major bodily
function of the woman than would other available methods.
(5) The physician performing the abortion arranges for the attendance, in the
same room in which the abortion is to be completed, of a second physician who
shall take control of the child immediately after complete extraction from the
mother and shall provide immediate medical care for the child, taking all
reasonable steps necessary to preserve the child's life and health.
(d) Penalty.--Any person who violates subsection (a) commits a felony of the third
degree. Any person who violates subsection commits a misdemeanor of the
second degree for the first offense and a misdemeanor of the first degree for
subsequent offenses.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 6, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3212
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3212. Infanticide
(a) Status of fetus.--The law of this Commonwealth shall not be construed to imply
that any human being born alive in the course of or as a result of an abortion or
pregnancy termination, no matter what may be that human being's chance of
survival, is not a person under the Constitution and laws of this Commonwealth.
(b) Care required.--All physicians and licensed medical personnel attending a
child who is born alive during the course of an abortion or premature delivery, or
after being carried to term, shall provide such child that type and degree of care
and treatment which, in the good faith judgment of the physician, is commonly and
customarily provided to any other person under similar conditions and
circumstances. Any individual who intentionally, knowingly or recklessly violates
the provisions of this subsection commits a felony of the third degree.
Obligation of physician.--Whenever the physician or any other person is
prevented by lack of parental or guardian consent from fulfilling his obligations
under subsection (b), he shall nonetheless fulfill said obligations and
immediately notify the juvenile court of the facts of the case. The juvenile
court shall immediately institute an inquiry and, if it finds that the lack of
parental or guardian consent is preventing treatment required under subsection
(b), it shall immediately grant injunctive relief to require such treatment.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1989, Nov.
17, P.L. 592, No. 64, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3213
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3213. Prohibited acts
(a) Payment for abortion.--Except in the case of a pregnancy which is not yet
clinically diagnosable, any person who intends to perform or induce abortion
shall, before accepting payment therefor, make or obtain a determination that the
woman is pregnant. Any person who intentionally or knowingly accepts such a
payment without first making or obtaining such a determination commits a
misdemeanor of the second degree. Any person who makes such a determination
erroneously either knowing that it is erroneous or with reckless disregard or
negligence as to whether it is erroneous, and who either:
(1) thereupon or thereafter intentionally relies upon that determination in
soliciting or obtaining any such payment; or
(2) intentionally conveys that determination to any person or persons with
knowledge that, or with reckless disregard as to whether, that determination
will be relied upon in any solicitation or obtaining of any such payment;
commits a misdemeanor of the second degree.
(b) Referral fee.--The payment or receipt of a referral fee in connection with the
performance of an abortion is a misdemeanor of the first degree. For purposes of
this section, "referral fee" means the transfer of anything of value between a
physician who performs an abortion or an operator or employee of a clinic at which
an abortion is performed and the person who advised the woman receiving the
abortion to use the services of that physician or clinic.
Regulations.--The department shall issue regulations to assure that prior to
the performance of any abortion, including abortions performed in the first
trimester of pregnancy, the maternal Rh status shall be determined and that
anti-Rh sensitization prophylaxis shall be provided to each patient at risk of
sensitization unless the patient refuses to accept the treatment. Except when
there exists a medical emergency or, in the judgment of the physician, there
exists no possibility of Rh sensitization, the intentional, knowing, or reckless
failure to conform to the regulations issued pursuant to this subsection
constitutes "unprofessional conduct" and his license for the practice of medicine
and surgery shall be subject to suspension or revocation in accordance with
procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known
as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L.
457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor
acts.
(d) Participation in abortion.--Except for a facility devoted exclusively to the
performance of abortions, no medical personnel or medical facility, nor any
employee, agent or student thereof, shall be required against his or its
conscience to aid, abet or facilitate performance of an abortion or dispensing of
an abortifacient and failure or refusal to do so shall not be a basis for any
civil, criminal, administrative or disciplinary action, penalty or proceeding, nor
may it be the basis for refusing to hire or admit anyone. Nothing herein shall be
construed to limit the provisions of the act of October 27, 1955 (P.L. 744, No.
222), known as the "Pennsylvania Human Relations Act." [FN3] Any person who
knowingly violates the provisions of this subsection shall be civilly liable to
the person thereby injured and, in addition, shall be liable to that person for
punitive damages in the amount of $5,000.
(e) In vitro fertilization.--All persons conducting, or experimenting in, in vitro
fertilization shall file quarterly reports with the department, which shall be
available for public inspection and copying, containing the following information:
(1) Names of all persons conducting or assisting in the fertilization or
experimentation process.
(2) Locations where the fertilization or experimentation is conducted.
(3) Name and address of any person, facility, agency or organization sponsoring
the fertilization or experimentation except that names of any persons who are
donors or recipients of sperm or eggs shall not be disclosed.
(4) Number of eggs fertilized.
(5) Number of fertilized eggs destroyed or discarded.
(6) Number of women implanted with a fertilized egg.
Any person required under this subsection to file a report, keep records or supply
information, who willfully fails to file such report, keep records or supply such
information or who submits a false report shall be assessed a fine by the
department in the amount of $50 for each day in which that person is in violation
hereof.
(f) Notice.--
(1) Except for a facility devoted exclusively to the performance of abortions,
every facility performing abortions shall prominently post a notice, not less
than eight and one-half inches by eleven inches in size, entitled "Right of
Conscience," for the exclusive purpose of informing medical personnel,
employees, agents and students of such facilities of their rights under
subsection (d) and under section 5.2 of the Pennsylvania Human Relations Act.
The facility shall post the notice required by this subsection in a location or
locations where notices to employees, medical personnel and students are
normally posted or, if notices are not normally posted, in a location or
locations where the notice required by this subsection is likely to be seen by
medical personnel, employees or students of the facility. The department shall
prescribe a model notice which may be used by any facility, and any facility
which utilizes the model notice or substantially similar language shall be
deemed in compliance with this subsection.
(2) The department shall have the authority to assess a civil penalty of up to
$5,000 against any facility for each violation of this subsection, giving due
consideration to the appropriateness of the penalty with respect to the size of
the facility, the gravity of the violation, the good faith of the facility and
the history of previous violations. Civil penalties due under this subsection
shall be paid to the department for deposit in the State Treasury and may be
collected by the department in the appropriate court of common pleas. The
department shall send a copy of its model notice to every facility which files a
report under section 3207(b) (relating to abortion facilities). Failure to
receive a notice shall not be a defense to any civil action brought pursuant to
this subsection.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 7, effective in 30 days.
[FN1] 63 P.S. s 271.1 et seq.
[FN2] 63 P.S. s 422.1 et seq.
[FN3] 43 P.S. s 951 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3214
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3214. Reporting
(a) General rule.--For the purpose of promotion of maternal health and life by
adding to the sum of medical and public health knowledge through the compilation
of relevant data, and to promote the Commonwealth's interest in protection of the
unborn child, a report of each abortion performed shall be made to the department
on forms prescribed by it. The report forms shall not identify the individual
patient by name and shall include the following information:
(1) Identification of the physician who performed the abortion, the concurring
physician as required by section 3211(2) (relating to abortion on unborn
child of 24 or more weeks gestational age), the second physician as required by
section 3211(5) and the facility where the abortion was performed and of the
referring physician, agency or service, if any.
(2) The county and state in which the woman resides.
(3) The woman's age.
(4) The number of prior pregnancies and prior abortions of the woman.
(5) The gestational age of the unborn child at the time of the abortion.
(6) The type of procedure performed or prescribed and the date of the abortion.
(7) Pre-existing medical conditions of the woman which would complicate
pregnancy, if any, and, if known, any medical complication which resulted from
the abortion itself.
(8) The basis for the medical judgment of the physician who performed the
abortion that the abortion was necessary to prevent either the death of the
pregnant woman or the substantial and irreversible impairment of a major bodily
function of the woman, where an abortion has been performed pursuant to section
3211(b)(1).
(9) The weight of the aborted child for any abortion performed pursuant to
section 3211(b)(1).
(10) Basis for any medical judgment that a medical emergency existed which
excused the physician from compliance with any provision of this chapter.
(11) The information required to be reported under section 3210(a) (relating to
determination of gestational age).
(12) Whether the abortion was performed upon a married woman and, if so, whether
notice to her spouse was given. If no notice to her spouse was given, the
report shall also indicate the reason for failure to provide notice.
(b) Completion of report.--The reports shall be completed by the hospital or other
licensed facility, signed by the physician who performed the abortion and
transmitted to the department within 15 days after each reporting month.
Pathological examinations.--When there is an abortion performed during the
first trimester of pregnancy, the tissue that is removed shall be subjected to a
gross or microscopic examination, as needed, by the physician or a qualified
person designated by the physician to determine if a pregnancy existed and was
terminated. If the examination indicates no fetal remains, that information shall
immediately be made known to the physician and sent to the department within 15
days of the analysis. When there is an abortion performed after the first
trimester of pregnancy where the physician has certified the unborn child is not
viable, the dead unborn child and all tissue removed at the time of the abortion
shall be submitted for tissue analysis to a board eligible or certified
pathologist. If the report reveals evidence of viability or live birth, the
pathologist shall report such findings to the department within 15 days and a copy
of the report shall also be sent to the physician performing the abortion.
Intentional, knowing, reckless or negligent failure of the physician to submit
such an unborn child or such tissue remains to such a pathologist for such a
purpose, or intentional, knowing or reckless failure of the pathologist to report
any evidence of live birth or viability to the department in the manner and within
the time prescribed is a misdemeanor of the third degree.
(d) Form.--The department shall prescribe a form on which pathologists may report
any evidence of absence of pregnancy, live birth or viability.
(e) Statistical reports; public availability of reports.--
(1) The department shall prepare a comprehensive annual statistical report for
the General Assembly based upon the data gathered under subsections (a) and (h).
Such report shall not lead to the disclosure of the identity of any person
filing a report or about whom a report is filed, and shall be available for
public inspection and copying.
(2) Reports filed pursuant to subsection (a) or (h) shall not be deemed public
records within the meaning of that term as defined by the act of June 21, 1957
(P.L. 390, No. 212), referred to as the Right-to-Know Law, [FN1] and shall
remain confidential, except that disclosure may be made to law enforcement
officials upon an order of a court of common pleas after application showing
good cause therefor. The court may condition disclosure of the information upon
any appropriate safeguards it may impose.
(3) Original copies of all reports filed under subsections (a), (f) and (h)
shall be available to the State Board of Medicine and the State Board of
Osteopathic Medicine for use in the performance of their official duties.
(4) Any person who willfully discloses any information obtained from reports
filed pursuant to subsection (a) or (h), other than that disclosure authorized
under paragraph (1), (2) or (3) hereof or as otherwise authorized by law, shall
commit a misdemeanor of the third degree.
(f) Report by facility.--Every facility in which an abortion is performed within
this Commonwealth during any quarter year shall file with the department a report
showing the total number of abortions performed within the hospital or other
facility during that quarter year. This report shall also show the total
abortions performed in each trimester of pregnancy. Any report shall be available
for public inspection and copying only if the facility receives State-appropriated
funds within the 12-calendar-month period immediately preceding the filing of the
report. These reports shall be submitted on a form prescribed by the department
which will enable a facility to indicate whether or not it is receiving
State-appropriated funds. If the facility indicates on the form that it is not
receiving State-appropriated funds, the department shall regard its report as
confidential unless it receives other evidence which causes it to conclude that
the facility receives State-appropriated funds.
(g) Report of maternal death.--After 30 days' public notice, the department shall
henceforth require that all reports of maternal deaths occurring within the
Commonwealth arising from pregnancy, childbirth or intentional abortion in every
case state the cause of death, the duration of the woman's pregnancy when her
death occurred and whether or not the woman was under the care of a physician
during her pregnancy prior to her death and shall issue such regulations as are
necessary to assure that such information is reported, conducting its own
investigation if necessary in order to ascertain such data. A woman shall be
deemed to have been under the care of a physician prior to her death for the
purpose of this chapter when she had either been examined or treated by a
physician, not including any examination or treatment in connection with emergency
care for complications of her pregnancy or complications of her abortion,
preceding the woman's death at any time which is both 21 or more days after the
time she became pregnant and within 60 days prior to her death. Known incidents
of maternal mortality of nonresident women arising from induced abortion performed
in this Commonwealth shall be included as incidents of maternal mortality arising
from induced abortions. Incidents of maternal mortality arising from continued
pregnancy or childbirth and occurring after induced abortion has been attempted
but not completed, including deaths occurring after induced abortion has been
attempted but not completed as the result of ectopic pregnancy, shall be included
as incidents of maternal mortality arising from induced abortion. The department
shall annually compile a statistical report for the General Assembly based upon
the data gathered under this subsection, and all such statistical reports shall be
available for public inspection and copying.
(h) Report of complications.--Every physician who is called upon to provide
medical care or treatment to a woman who is in need of medical care because of a
complication or complications resulting, in the good faith judgment of the
physician, from having undergone an abortion or attempted abortion shall prepare a
report thereof and file the report with the department within 30 days of the date
of his first examination of the woman, which report shall be on forms prescribed
by the department, which forms shall contain the following information, as
received, and such other information except the name of the patient as the
department may from time to time require:
(1) Age of patient.
(2) Number of pregnancies patient may have had prior to the abortion.
(3) Number and type of abortions patient may have had prior to this abortion.
(4) Name and address of the facility where the abortion was performed.
(5) Gestational age of the unborn child at the time of the abortion, if known.
(6) Type of abortion performed, if known.
(7) Nature of complication or complications.
(8) Medical treatment given.
(9) The nature and extent, if known, of any permanent condition caused by the
complication.
(i) Penalties.--
(1) Any person required under this section to file a report, keep any records or
supply any information, who willfully fails to file such report, keep such
records or supply such information at the time or times required by law or
regulation is guilty of "unprofessional conduct" and his license for the
practice of medicine and surgery shall be subject to suspension or revocation in
accordance with procedures provided under the act of October 5, 1978 (P.L.
1109, No. 261), known as the Osteopathic Medical Practice Act, [FN2] the act of
December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of
1985, [FN3] or their successor acts.
(2) Any person who willfully delivers or discloses to the department any report,
record or information known by him to be false commits a misdemeanor of the
first degree.
(3) In addition to the above penalties, any person, organization or facility who
willfully violates any of the provisions of this section requiring reporting
shall upon conviction thereof:
(i) For the first time, have its license suspended for a period of six months.
(ii) For the second time, have its license suspended for a period of one year.
(iii) For the third time, have its license revoked.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 8, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 4, imd. effective.
[FN1] 65 P.S. s 66.1 et seq.
[FN2] 63 P.S. s 271.1 et seq.
[FN3] 63 P.S. s 422.1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3215
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3215. Publicly owned facilities; public officials and public funds
(a) Limitations.--No hospital, clinic or other health facility owned or operated
by the Commonwealth, a county, a city or other governmental entity (except the
government of the United States, another state or a foreign nation) shall:
(1) Provide, induce, perform or permit its facilities to be used for the
provision, inducement or performance of any abortion except where necessary to
avert the death of the woman or where necessary to terminate pregnancies
initiated by acts of rape or incest if reported in accordance with requirements
set forth in subsection .
(2) Lease or sell or permit the subleasing of its facilities or property to any
physician or health facility for use in the provision, inducement or performance
of abortion, except abortion necessary to avert the death of the woman or to
terminate pregnancies initiated by acts of rape or incest if reported in
accordance with requirements set forth in subsection .
(3) Enter into any contract with any physician or health facility under the
terms of which such physician or health facility agrees to provide, induce or
perform abortions, except abortion necessary to avert the death of the woman or
to terminate pregnancies initiated by acts of rape or incest if reported in
accordance with requirements set forth in subsection .
(b) Permitted treatment.--Nothing in subsection (a) shall be construed to preclude
any hospital, clinic or other health facility from providing treatment for
post-abortion complications.
Public funds.--No Commonwealth funds and no Federal funds which are
appropriated by the Commonwealth shall be expended by any State or local
government agency for the performance of abortion, except:
(1) When abortion is necessary to avert the death of the mother on certification
by a physician. When such physician will perform the abortion or has a
pecuniary or proprietary interest in the abortion there shall be a separate
certification from a physician who has no such interest.
(2) When abortion is performed in the case of pregnancy caused by rape which,
prior to the performance of the abortion, has been reported, together with the
identity of the offender, if known, to a law enforcement agency having the
requisite jurisdiction and has been personally reported by the victim.
(3) When abortion is performed in the case of pregnancy caused by incest which,
prior to the performance of the abortion, has been personally reported by the
victim to a law enforcement agency having the requisite jurisdiction, or, in the
case of a minor, to the county child protective service agency and the other
party to the incestuous act has been named in such report.
(d) Health plans.--No health plan for employees, funded with any Commonwealth
funds, shall include coverage for abortion, except under the same conditions and
requirements as provided in subsection . The prohibition contained herein
shall not apply to health plans for which abortion coverage has been expressly
bargained for in any collective bargaining agreement presently in effect, but
shall be construed to preclude such coverage with respect to any future agreement.
(e) Insurance policies.--All insurers who make available health care and
disability insurance policies in this Commonwealth shall make available such
policies which contain an express exclusion of coverage for abortion services not
necessary to avert the death of the woman or to terminate pregnancies caused by
rape or incest.
(f) Public officers; ordering abortions.--Except in the case of a medical
emergency, no court, judge, executive officer, administrative agency or public
employee of the Commonwealth or of any local governmental body shall have power to
issue any order requiring an abortion without the express voluntary consent of the
woman upon whom the abortion is to be performed or shall coerce any person to have
an abortion.
(g) Public officers; limiting benefits prohibited.--No court, judge, executive
officer, administrative agency or public employee of the Commonwealth or of any
local governmental body shall withhold, reduce or suspend or threaten to withhold,
reduce or suspend any benefits to which a person would otherwise be entitled on
the ground that such person chooses not to have an abortion.
(h) Penalty.--Whoever orders an abortion in violation of subsection (f) or
withholds, reduces or suspends any benefits or threatens to withhold, reduce or
suspend any benefits in violation of subsection (g) commits a misdemeanor of the
first degree.
(i) Public funds for legal services.--No Federal or State funds which are
appropriated by the Commonwealth for the provision of legal services by private
agencies, and no public funds generated by collection of interest on lawyer's
trust accounts, as authorized by statute previously or subsequently enacted, may
be used, directly or indirectly, to:
(1) Advocate the freedom to choose abortion or the prohibition of abortion.
(2) Provide legal assistance with respect to any proceeding or litigation which
seeks to procure or prevent any abortion or to procure or prevent public funding
for any abortion.
(3) Provide legal assistance with respect to any proceeding or litigation which
seeks to compel or prevent the performance or assistance in the performance of
any abortion, or the provision of facilities for the performance of any
abortion.
Nothing in this subsection shall be construed to require or prevent the
expenditure of funds pursuant to a court order awarding fees for attorney's
services under the Civil Rights Attorney's Fees Awards Act of 1976 (Public law
94-559, 90 Stat. 2641), nor shall this subsection be construed to prevent the use
of public funds to provide court appointed counsel in any proceeding authorized
under section 3206 (relating to parental consent).
(j) Required statements.--No Commonwealth agency shall make any payment from
Federal or State funds appropriated by the Commonwealth for the performance of any
abortion pursuant to subsection (2) or (3) unless the Commonwealth agency
first:
(1) receives from the physician or facility seeking payment a statement signed
by the physician performing the abortion stating that, prior to performing the
abortion, he obtained a non-notarized, signed statement from the pregnant woman
stating that she was a victim of rape or incest, as the case may be, and that
she reported the crime, including the identity of the offender, if known, to a
law enforcement agency having the requisite jurisdiction or, in the case of
incest where a pregnant minor is the victim, to the county child protective
service agency and stating the name of the law enforcement agency or child
protective service agency to which the report was made and the date such report
was made;
(2) receives from the physician or facility seeking payment, the signed
statement of the pregnant woman which is described in paragraph (1). The
statement shall bear the notice that any false statements made therein are
punishable by law and shall state that the pregnant woman is aware that false
reports to law enforcement authorities are punishable by law; and
(3) verifies with the law enforcement agency or child protective service agency
named in the statement of the pregnant woman whether a report of rape or incest
was filed with the agency in accordance with the statement.
The Commonwealth agency shall report any evidence of false statements, of false
reports to law enforcement authorities or of fraud in the procurement or attempted
procurement of any payment from Federal or State funds appropriated by the
Commonwealth pursuant to this section to the district attorney of appropriate
jurisdiction and, where appropriate, to the Attorney General.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 9, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64,
s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3216
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3216. Fetal experimentation
(a) Unborn or live child.--Any person who knowingly performs any type of
nontherapeutic experimentation or nontherapeutic medical procedure (except an
abortion as defined in this chapter) upon any unborn child, or upon any child born
alive during the course of an abortion, commits a felony of the third degree.
"Nontherapeutic" means that which is not intended to preserve the life or health
of the child upon whom it is performed.
(b) Dead child.-- The following standards govern the procurement and use of any
fetal tissue or organ which is used in animal or human transplantation, research
or experimentation:
(1) No fetal tissue or organs may be procured or used without the written
consent of the mother. No consideration of any kind for such consent may be
offered or given. Further, if the tissue or organs are being derived from
abortion, such consent shall be valid only if obtained after the decision to
abort has been made.
(2) No person who provides the information required by section 3205 (relating to
informed consent) shall employ the possibility of the use of aborted fetal
tissue or organs as an inducement to a pregnant woman to undergo abortion except
that payment for reasonable expenses occasioned by the actual retrieval,
storage, preparation and transportation of the tissues is permitted.
(3) No remuneration, compensation or other consideration may be paid to any
person or organization in connection with the procurement of fetal tissue or
organs.
(4) All persons who participate in the procurement, use or transplantation of
fetal tissue or organs, including the recipients of such tissue or organs, shall
be informed as to whether the particular tissue or organ involved was procured
as a result of either:
(i) stillbirth;
(ii) miscarriage;
(iii) ectopic pregnancy;
(iv) abortion; or
(v) any other means.
(5) No person who consents to the procurement or use of any fetal tissue or
organ may designate the recipient of that tissue or organ, nor shall any other
person or organization act to fulfill that designation.
(6) The department may assess a civil penalty upon any person who procures,
sells or uses any fetal tissue or organs in violation of this section or the
regulations issued thereunder. Such civil penalties may not exceed $5,000 for
each separate violation. In assessing such penalties, the department shall give
due consideration to the gravity of the violation, the good faith of the
violator and the history of previous violations. Civil penalties due under this
paragraph shall be paid to the department for deposit in the State Treasury and
may be enforced by the department in the Commonwealth Court.
Construction of section.--Nothing in this section shall be construed to
condone or prohibit the performance of diagnostic tests while the unborn child is
in utero or the performance of pathological examinations on an aborted child. Nor
shall anything in this section be construed to condone or prohibit the performance
of in vitro fertilization and accompanying embryo transfer.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1989, Nov.
17, P.L. 592, No. 64, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3217
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3217. Civil penalties
Any physician who knowingly violates any of the provisions of section 3204
(relating to medical consultation and judgment) or 3205 (relating to informed
consent) shall, in addition to any other penalty prescribed in this chapter, be
civilly liable to his patient for any damages caused thereby and, in addition,
shall be liable to his patient for punitive damages in the amount of $5,000, and
the court shall award a prevailing plaintiff a reasonable attorney fee as part of
costs.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 10, effective in 30 days; 1989, Nov. 17, P.L. 592, No.
64, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3218
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3218. Criminal penalties
(a) Application of chapter.--Notwithstanding any other provision of this chapter,
no criminal penalty shall apply to a woman who violates any provision of this
chapter solely in order to perform or induce or attempt to perform or induce an
abortion upon herself. Nor shall any woman who undergoes an abortion be found
guilty of having committed an offense, liability for which is defined under
section 306 (relating to liability for conduct of another; complicity) or Chapter
9 (relating to inchoate crimes), by reason of having undergone such abortion.
(b) False statement, etc.--A person commits a misdemeanor of the second degree if,
with intent to mislead a public servant in performing his official function under
this chapter, such person:
(1) makes any written false statement which he does not believe to be true; or
(2) submits or invites reliance on any writing which he knows to be forged,
altered or otherwise lacking in authenticity.
Statements "under penalty".--A person commits a misdemeanor of the third
degree if such person makes a written false statement which such person does not
believe to be true on a statement submitted as required under this chapter,
bearing notice to the effect that false statements made therein are punishable.
(d) Perjury provisions applicable.--Section 4902 through (f) (relating to
perjury) apply to subsections (b) and .
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 10, effective in 30 days; 1989, Nov. 17, P.L. 592, No.
64, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3219
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3219. State Board of Medicine; State Board of Osteopathic Medicine
(a) Enforcement.--It shall be the duty of the State Board of Medicine and the
State Board of Osteopathic Medicine to vigorously enforce those provisions of this
chapter, violation of which constitutes "unprofessional conduct" within the
meaning of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic
Medical Practice Act, [FN1] the act of December 20, 1985 (P.L.457, No.112), known
as the Medical Practice Act of 1985, [FN2] or their successor acts. Each board
shall have the power to conduct, and its responsibilities shall include,
systematic review of all reports filed under this chapter.
(b) Penalties.--Except as otherwise herein provided, upon a finding of
"unprofessional conduct" under the provisions of this chapter, the board shall,
for the first such offense, prescribe such penalties as it deems appropriate; for
the second such offense, suspend the license of the physician for at least 90
days; and, for the third such offense, revoke the license of the physician.
Reports.--The board shall prepare and submit an annual report of its
enforcement efforts under this chapter to the General Assembly, which shall
contain the following items:
(1) number of violations investigated, by section of this chapter;
(2) number of physicians complained against;
(3) number of physicians investigated;
(4) penalties imposed; and
(5) such other information as any committee of the General Assembly shall
require.
Such reports shall be available for public inspection and copying.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1988, March
25, P.L. 262, No. 31, s 10, effective in 30 days.
[FN1] 63 P.S. s 271.1 et seq.
[FN2] 63 P.S. s 422.1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3220
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article B. Offenses Involving Danger to the Person (Refs & Annos)
+ Chapter 32. Abortion (Refs & Annos)
>>>> s 3220. Construction
(a) Referral to coroner.--The provisions of section 503(3) of the act of June 29,
1953 (P.L. 304, No. 66), known as the "Vital Statistics Law of 1953," [FN1] shall
not be construed to require referral to the coroner of cases of abortions
performed in compliance with this chapter.
(b) Other laws unaffected.--Apart from the provisions of subsection (a) and
section 3214 (relating to reporting) nothing in this chapter shall have the effect
of modifying or repealing any part of the "Vital Statistics Law of 1953" or
section 5.2 of the act of October 27, 1955 (P.L. 744, No. 222), known as the
"Pennsylvania Human Relations Act." [FN2]
Required statement.--When any provision of this chapter requires the
furnishing or obtaining of a nonnotarized statement or verification, the
furnishing or acceptance of a notarized statement or verification shall not be
deemed a violation of that provision.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 1, effective in 180 days. Amended 1989, Nov.
17, P.L. 592, No. 64, s 4, effective in 60 days.
[FN1] 35 P.S. s 450.503(3).
[FN2] 43 P.S. s 955.2.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. C, Ch. 33, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3301
Effective: January 24, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3301. Arson and related offenses
(a) Arson endangering persons.--
(1) A person commits a felony of the first degree if he intentionally starts a
fire or causes an explosion, or if he aids, counsels, pays or agrees to pay
another to cause a fire or explosion, whether on his own property or on that of
another, and if:
(i) he thereby recklessly places another person in danger of death or bodily
injury, including but not limited to a firefighter, police officer or other
person actively engaged in fighting the fire; or
(ii) he commits the act with the purpose of destroying or damaging an inhabited
building or occupied structure of another.
(2) A person who commits arson endangering persons is guilty of murder of the
second degree if the fire or explosion causes the death of any person, including
but not limited to a firefighter, police officer or other person actively
engaged in fighting the fire, and is guilty of murder of the first degree if the
fire or explosion causes the death of any person and was set with the purpose of
causing the death of another person.
(b) Sentence.--A person convicted of violating the provisions of subsection
(a)(2), murder of the first degree, shall be sentenced to death or life
imprisonment without right to parole; a person convicted of murder of the second
degree, pursuant to subsection (a)(2), shall be sentenced to life imprisonment
without right to parole. Notwithstanding provisions to the contrary, no language
herein shall infringe upon the inherent powers of the Governor to commute said
sentence.
Arson endangering property.--A person commits a felony of the second degree if
he intentionally starts a fire or causes an explosion, whether on his own property
or that of another, or if he aids, counsels, pays or agrees to pay another to
cause a fire or explosion, and if:
(1) he commits the act with intent of destroying or damaging a building or
unoccupied structure of another;
(2) he thereby recklessly places an inhabited building or occupied structure of
another in danger of damage or destruction; or
(3) he commits the act with intent of destroying or damaging any property,
whether his own or of another, to collect insurance for such loss.
(d) Reckless burning or exploding.--A person commits a felony of the third degree
if he intentionally starts a fire or causes an explosion, or if he aids, counsels,
pays or agrees to pay another to cause a fire or explosion, whether on his own
property or on that of another, and thereby recklessly:
(1) places an uninhabited building or unoccupied structure of another in danger
of damage or destruction; or
(2) places any personal property of another having a value that exceeds $5,000
or if the property is an automobile, airplane, motorcycle, motorboat or other
motor-propelled vehicle in danger of damage or destruction.
(d.1) Dangerous burning.--A person commits a summary offense if he intentionally
or recklessly starts a fire to endanger any person or property of another whether
or not any damage to person or property actually occurs.
(e) Failure to control or report dangerous fires.--A person who knows that a fire
is endangering the life or property of another and fails to take reasonable
measures to put out or control the fire, when he can do so without substantial
risk to himself, or to give a prompt fire alarm, commits a misdemeanor of the
first degree if:
(1) he knows that he is under an official, contractual or other legal duty to
control or combat the fire; or
(2) the fire was started, albeit lawfully, by him or with his assent, or on
property in his custody or control.
(f) Possession of explosive or incendiary materials or devices.--A person commits
a felony of the third degree if he possesses, manufactures or transports any
incendiary or explosive material with the intent to use or to provide such device
or material to commit any offense described in subsection (a), or (d).
(g) Disclosure of true owner.--Law enforcement officers investigating an offense
under this section may require a trustee of a passive trust or trust involving an
undisclosed principal or straw party to disclose the actual owner or beneficiary
of the real property in question. The name of the actual owner or beneficiary of
real estate subject to a passive trust, trust involving an undisclosed principal
or arrangement with a straw party when obtained under the provisions of this
subsection shall not be disclosed except as an official part of an investigation
and prosecution of an offense under this section. A person who refuses to
disclose a name as required by this section or who discloses a name in violation
of this subsection is guilty of a misdemeanor of the third degree.
(h) Limitations on liability.--The provisions of subsections (a), (b), , (d),
(d.1) and (e) shall not be construed to establish criminal liability upon any
volunteer or paid firefighter or volunteer or paid firefighting company or
association if said company or association endangers a participating firefighter
or real or personal property in the course of an approved, controlled fire
training program or fire evolution, provided that said company or association has
complied with the following:
(1) a sworn statement from the owner of any real or personal property involved
in such program or evolution that there is no fire insurance policy or no lien
or encumbrance exists which applies to such real or personal property;
(2) approval or permits from the appropriate local government or State
officials, if necessary, to conduct such program or exercise have been received;
(3) precautions have been taken so that the program or evolution does not affect
any other persons or real or personal property; and
(4) participation of firefighters in the program or exercise if voluntary.
(h.1) Repealed by 2010, Nov. 23, P.L. 1181, No. 118, ss 2, 7(a)(15), effective in
60 days [Jan. 24, 2011].
(i) Defenses.--It is a defense to prosecution under subsections , (d) and (d.1)
where a person is charged with destroying a vehicle, lawful title to which is
vested in him, if the vehicle is free of any encumbrances, there is no insurance
covering loss by fire or explosion or both on the vehicle and the person delivers
to the nearest State Police station at least 48 hours in advance of the planned
destruction a written sworn statement certifying that the person is the lawful
titleholder, that the vehicle is free of any encumbrances and that there is no
insurance covering loss by fire or explosion or both on the vehicle.
(j) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Occupied structure." Any structure, vehicle or place adapted for overnight
accommodation of persons or for carrying on business therein, whether or not a
person is actually present. If a building or structure is divided into separately
occupied units, any unit not occupied by the actor is an occupied structure of
another.
"Property of another." A building or other property, whether real or personal, in
which a person other than the actor has an interest which the actor has no
authority to defeat or impair, even though the actor may also have an interest in
the building or property.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1982,
April 29, P.L. 363, No. 101, s 1, effective in 90 days; 1982, Dec. 7, P.L. 811,
No. 227, s 1, effective in 60 days 1998, Dec. 3, P.L. 933, No. 121, s 2,
effective in 60 days; 2006, Nov. 29, P.L. 1481, No. 168, s 2, effective in 60
days [Jan. 29, 2007]. Affected 2010, Nov. 23, P.L. 1181, No. 118, ss 2, 7(a)(15),
effective in 60 days [Jan. 24, 2011].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3302
Effective: July 1, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3302. Causing or risking catastrophe
(a) Causing catastrophe.--A person who causes a catastrophe by explosion, fire,
flood, avalanche, collapse of building, release of poison gas, radioactive
material or other harmful or destructive force or substance, or by any other means
of causing potentially widespread injury or damage, including selling, dealing in
or otherwise providing licenses or permits to transport hazardous materials in
violation of 75 Pa.C.S. Ch. 83 (relating to hazardous materials transportation),
commits a felony of the first degree if he does so intentionally or knowingly, or
a felony of the second degree if he does so recklessly.
(b) Risking catastrophe.--A person is guilty of a felony of the third degree if he
recklessly creates a risk of catastrophe in the employment of fire, explosives or
other dangerous means listed in subsection (a) of this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2002,
April 30, P.L. 300, No. 40, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3303
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3303. Failure to prevent catastrophe
A person who knowingly or recklessly fails to take reasonable measures to prevent
or mitigate a catastrophe, when he can do so without substantial risk to himself,
commits a misdemeanor of the second degree if:
(1) he knows that he is under an official, contractual or other legal duty to
take such measures; or
(2) he did or assented to the act causing or threatening the catastrophe.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3304
Effective: February 21, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3304. Criminal mischief
(a) Offense defined.--A person is guilty of criminal mischief if he:
(1) damages tangible property of another intentionally, recklessly, or by
negligence in the employment of fire, explosives, or other dangerous means
listed in section 3302(a) of this title (relating to causing or risking
catastrophe);
(2) intentionally or recklessly tampers with tangible property of another so as
to endanger person or property;
(3) intentionally or recklessly causes another to suffer pecuniary loss by
deception or threat;
(4) intentionally defaces or otherwise damages tangible public property or
tangible property of another with graffiti by use of any aerosol spray-paint
can, broad-tipped indelible marker or similar marking device;
(5) intentionally damages real or personal property of another; or
(6) intentionally defaces personal, private or public property by discharging a
paintball gun or paintball marker at that property.
(b) Grading.--Criminal mischief is a felony of the third degree if the actor
intentionally causes pecuniary loss in excess of $5,000, or a substantial
interruption or impairment of public communication, transportation, supply of
water, gas or power, or other public service. It is a misdemeanor of the second
degree if the actor intentionally causes pecuniary loss in excess of $1,000, or a
misdemeanor of the third degree if he intentionally or recklessly causes pecuniary
loss in excess of $500 or causes a loss in excess of $150 for a violation of
subsection (a)(4). Otherwise criminal mischief is a summary offense.
Definition.--As used in this section, the term "graffiti" means an
unauthorized inscription, word, figure, mark or design which is written, marked,
etched, scratched, drawn or painted.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1994,
April 21, P.L. 131, No. 17, s 1, effective in 60 days; 1996, Dec. 20, P.L. 1522,
No. 198, s 1, effective in 60 days; 2002, Oct. 2, P.L. 806, No. 116, s 1, imd.
effective; 2005, Dec. 22, P.L. 449, No. 85, s 1, effective in 60 days [Feb. 21,
2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3305
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3305. Injuring or tampering with fire apparatus, hydrants, etc.
Whoever willfully and maliciously cuts, injures, damages, or destroys or defaces
any fire hydrant or any fire hose or fire engine, or other public or private fire
equipment, or any apparatus appertaining to the same, commits a misdemeanor of the
third degree.
CREDIT(S)
1973, Nov. 28, P.L. 370, No. 131, s 1.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3306
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3306. Unauthorized use or opening of fire hydrants
Whoever opens for private usage any fire hydrant without authorization of the
water authority or company having jurisdiction over such fire hydrant, commits a
summary offense.
CREDIT(S)
1973, Nov. 28, P.L. 370, No. 131, s 1.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3307
Effective: October 2, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3307. Institutional vandalism
(a) Offenses defined.--A person commits the offense of institutional vandalism if
he knowingly desecrates, as defined in section 5509 (relating to desecration or
sale [FN1] of venerated objects), vandalizes, defaces or otherwise damages:
(1) any church, synagogue or other facility or place used for religious worship
or other religious purposes;
(2) any cemetery, mortuary or other facility used for the purpose of burial or
memorializing the dead;
(3) any school, educational facility, community center, municipal building,
courthouse facility, State or local government building or vehicle or juvenile
detention center;
(4) the grounds adjacent to and owned or occupied by any facility set forth in
paragraph (1), (2) or (3); or
(5) any personal property located in any facility set forth in this subsection.
(a.1) Illegal possession.--A person commits the offense of institutional vandalism
if, with intent to violate subsection (a), the person carries an aerosol
spray-paint can, broad-tipped indelible marker or similar marking device onto
property identified in subsection (a).
(b) Grading.--An offense under this section is a felony of the third degree if the
act is one of desecration as defined in section 5509 or if the actor causes
pecuniary loss in excess of $5,000. Pecuniary loss includes the cost of repair or
replacement of the property affected. Otherwise, institutional vandalism is a
misdemeanor of the second degree.
CREDIT(S)
1982, June 18, P.L. 537, No. 154, s 1, imd. effective. Amended 1983, Dec. 20,
P.L. 291, No. 78, s 2, imd. effective; 1988, Oct. 3, P.L. 734, No. 103, s 1,
effective in 60 days; 1994, April 21, P.L. 130, No. 16, s 1, effective in 60
days; 2002, Oct. 2, P.L. 806, No. 116, s 2, imd. effective.
[FN1] "desecration" in enrolled bill.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3308
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3308. Additional fine for arson committed for profit
(a) General rule.--Any person convicted under section 2506[FN1] (relating to arson
murder) or 3301 (relating to arson and related offenses) where any consideration
was paid or payable, in addition to any sentence of imprisonment, shall be fined
an amount double the amount of the consideration or the maximum lawful fine as
provided in section 1101 (relating to fines), whichever is greater.
(b) Disposition of fines and forfeitures.--All fines collected and bail deposits
forfeited under subsection (a) shall be provided to the Pennsylvania Emergency
Management Agency for the Pennsylvania State Firemen's Training School also known
as the Vocational Education Fire School and Fire Training and Education Programs.
CREDIT(S)
1982, Dec. 7, P.L. 811, No. 227, s 2, effective in 60 days.
[FN1] Section 2506, referred to in text, relates to drug delivery resulting
in death and was not enacted until 1989. Section 3301 contains provisions
relating to arson murder.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3309
Effective: June 22, 2001
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3309. Agricultural vandalism
(a) Offense defined.--A person commits the offense of agricultural vandalism if he
intentionally or recklessly defaces, marks or otherwise damages the real or
tangible personal property of another, where the property defaced, marked or
otherwise damaged is used in agricultural activity or farming.
(b) Grading.--Agricultural vandalism is a felony of the third degree if the actor
intentionally causes pecuniary loss in excess of $5,000, a misdemeanor of the
first degree if the actor intentionally causes pecuniary loss in excess of $1,000
or a misdemeanor of the second degree if the actor intentionally or recklessly
causes pecuniary loss in excess of $500. Pecuniary loss includes the cost of
repair or replacement of the property affected. Otherwise, agricultural vandalism
is a misdemeanor of the third degree.
Definition.--As used in this section, the terms "agricultural activity" and
"farming" include public and private research activity, records, data and
data-gathering equipment related to agricultural products as well as the
commercial production of agricultural crops, livestock or livestock products,
poultry or poultry products, trees and timber products, milk, eggs or dairy
products, or fruits or other horticultural products.
CREDIT(S)
1988, July 13, P.L. 500, No. 86, s 1, imd. effective. Amended 2001, June 22, P.L.
386, No. 27, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3310
Effective: June 13, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3310. Agricultural crop destruction
(a) Offenses defined.--A person commits a felony of the second degree if he
intentionally and knowingly damages any field crop, vegetable or fruit plant or
tree that is grown, stored or raised for scientific or commercial purposes or for
any testing or research purpose in conjunction with a public or private research
facility or a university or any Federal, State or local government agency.
(b) Restitution.--Any person convicted of violating this section shall, in
addition to any other penalty imposed, be sentenced to pay the owner of the
damaged field crops, vegetable or fruit plants or trees restitution. Restitution
shall be in an amount equal to the cost of the financial damages incurred as a
result of the offense, including the following:
(1) Value of the damaged crop.
(2) Disposal of the damaged crop.
(3) Cleanup of the property.
(4) Lost revenue for the aggrieved owner of the damaged crop.
Exceptions.--The provisions of this section shall not apply to field crops,
vegetable or fruit plants or trees damaged through research or normal commercial
activity.
CREDIT(S)
2001, June 22, P.L. 386, No. 27, s 2, imd. effective. Amended 2006, April 14,
P.L. 81, No. 27, s 1, effective in 60 days [June 13, 2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3311
Effective: November 23, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3311. Ecoterrorism
(a) General rule.--A person is guilty of ecoterrorism if the person commits a
specified offense against property intending to do any of the following:
(1) Intimidate or coerce an individual lawfully:
(i) participating in an activity involving animals, plants or an activity
involving natural resources; or
(ii) using an animal, plant or natural resource facility.
(2) Prevent or obstruct an individual from lawfully:
(i) participating in an activity involving animals, plants or an activity
involving natural resources; or
(ii) using an animal, plant or natural resource facility.
(b) Grading and penalty.--
(1) If the specified offense against property is a summary offense, an offense
under this section shall be classified as a misdemeanor of the third degree.
(2) If the specified offense against property is a misdemeanor or a felony of
the third or second degree, an offense under this section shall be classified
one degree higher than the classification of the specified offense against
property specified in section 106 (relating to classes of offenses).
(3) If the specified offense against property is a felony of the first degree, a
person convicted of an offense under this section shall be sentenced to a term
of imprisonment fixed by the court at not more than 40 years and may be
sentenced to pay a fine of not more than $100,000.
Restitution.--Any person convicted of violating this section shall, in
addition to any other penalty imposed, be sentenced to pay the owner of any
damaged property which resulted from the violation restitution. Restitution shall
be in an amount up to triple the value of the property damages incurred as a
result of the specified offense against property. In ordering restitution
pursuant to this subsection, the court shall consider as part of the value of the
damaged property the market value of the property prior to the violation and the
production, research, testing, replacement and development costs directly related
to the property that was the subject of the specified offense.
(c.1) Immunity.--A person who exercises the right of petition or free speech under
the United States Constitution or the Constitution of Pennsylvania on public
property or with the permission of the landowner where the person is peaceably
demonstrating or peaceably pursuing his constitutional rights shall be immune from
prosecution for these actions under this section or from civil liability under 42
Pa.C.S. s 8319 (relating to ecoterrorism).
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Activity involving animals or plants." A lawful activity involving the use of
animals, animal parts or plants, including any of the following:
(1) Activities authorized under 30 Pa.C.S. (relating to fish) and 34 Pa.C.S.
(relating to game).
(2) Activities authorized under the act of December 7, 1982 (P.L. 784, No. 225)
[FN1], known as the Dog Law.
(3) Food production, processing and preparation.
(4) Clothing manufacturing and distribution.
(5) Entertainment and recreation.
(6) Research, teaching and testing.
(7) Propagation, production, sale, use or possession of legal plants.
(8) Agricultural activity and farming as defined in section 3309 (relating to
agricultural vandalism).
"Activity involving natural resources." A lawful activity involving the use of a
natural resource with an economic value, including any of the following:
(1) Mining, foresting, harvesting or processing natural resources.
(2) The sale, loan or lease of products which requires the use of natural
resources.
"Animal, plant or natural resource facility." A vehicle, building, structure or
other premises:
(1) where an animal, plant or natural resource is lawfully housed, exhibited or
offered for sale; or
(2) which is used for scientific purposes involving animals, plants or natural
resources, including research, teaching and testing.
"Specified offense against property." Any of the following offenses:
Section 3301(a), , (d), (d.1) and (f) (relating to arson and related
offenses).
Section 3302 (relating to causing or risking catastrophe).
Section 3304 (relating to criminal mischief).
Section 3307 (relating to institutional vandalism).
Section 3309 (relating to agricultural vandalism).
Section 3310 (relating to agricultural crop destruction).
Section 3502 (relating to burglary) but only if the actor commits the crime for
the purpose of committing one of the other offenses listed in this definition.
Section 3503 (relating to criminal trespass) but only if the actor commits the
crime for the purpose of releasing a dangerous transmissible disease or
hazardous substance, as those terms are defined under 3 Pa.C.S. s 2303 (relating
to definitions), threatening or terrorizing the owner or occupant of the
premises, starting or causing to be started any fire upon the premises or
defacing or damaging the premises.
Section 3921 (relating to theft by unlawful taking or disposition).
Section 3922 (relating to theft by deception).
Section 4101 (relating to forgery).
Section 4120 (relating to identity theft).
CREDIT(S)
2006, April 14, P.L. 81, No. 27, s 2, effective in 60 days [June 13, 2006].
Amended 2010, Nov. 23, P.L. 1360, No. 125, s 3, imd. effective.
[FN1] 3 P.S. s 459-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3312
Effective: September 5, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3312. Destruction of a survey monument
(a) Offense defined.--
(1) A person commits a summary offense if he intentionally cuts, injures,
damages, destroys, defaces or removes any survey monument or marker, other than
a natural object such as a tree or stream.
(2) A person commits a misdemeanor of the second degree if he willfully or
maliciously cuts, injures, damages, destroys, defaces or removes any survey
monument or marker in order to call into question a boundary line.
(b) Restitution.--Any person convicted of violating this section shall, in
addition to any other penalty imposed, be liable for the cost of the
reestablishment of permanent survey monuments or markers by a professional land
surveyor and all reasonable attorney fees.
Affirmative defense.--It is an affirmative defense to any prosecution for an
offense under this section that the survey monument or marker was improperly
placed by a professional land surveyor.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Professional land surveyor." As defined under the act of May 23, 1945 (P.L. 913,
No. 367), [FN1] known as the Engineer, Land Surveyor and Geologist Registration
Law.
"Survey monument or marker." Any object adopted or placed by a professional land
surveyor to define the boundaries of a property, including, but not limited to,
natural objects such as trees or streams, or artificial monuments such as iron
pins, concrete monuments, set stones or party walls. The phrase does not include
a wooden stake placed by a professional land surveyor as a temporary marker or
place holder.
CREDIT(S)
2006, July 7, P.L. 348, No. 72, s 1, effective in 60 days [Sept. 5, 2006].
[FN1] 63 P.S. s 148 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3313
Effective: June 28, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 33. Arson, Criminal Mischief and Other Property Destruction
(Refs & Annos)
>>>> s 3313. Illegal dumping of methamphetamine waste
(a) Offense defined.--A person commits a felony of the third degree if he
intentionally, knowingly or recklessly deposits, stores or disposes on any
property a precursor or reagent substance, chemical waste or debris, resulting
from or used in the manufacture of methamphetamine or the preparation of a
precursor or reagent substance for the manufacture of methamphetamine.
(b) Exceptions.--Subsection (a) does not apply to the disposal of waste products:
(1) by a licensed pharmaceutical company in the normal course of business; or
(2) pursuant to Federal or State laws regulating the cleanup or disposal of
waste products from unlawful manufacturing of methamphetamine.
CREDIT(S)
2010, April 29, P.L. 174, No. 18, s 1, effective in 60 days [June 28, 2010].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. C, Ch. 35, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 35. Burglary and Other Criminal Intrusion
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3501
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 35. Burglary and Other Criminal Intrusion (Refs & Annos)
>>>> s 3501. Definitions
Subject to additional definitions contained in subsequent provisions of this
chapter which are applicable to specific provisions of this chapter, the following
words or phrases when used in this chapter shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Occupied structure." Any structure, vehicle or place adapted for overnight
accommodation of persons, or for carrying on business therein, whether or not a
person is actually present.
CREDIT(S)
1972, Dec. 6, P.L.1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3502
Effective: September 4, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 35. Burglary and Other Criminal Intrusion (Refs & Annos)
>>>> s 3502. Burglary
(a) Offense defined.--A person commits the offense of burglary if, with the intent
to commit a crime therein, the person:
(1) enters a building or occupied structure, or separately secured or occupied
portion thereof that is adapted for overnight accommodations in which at the
time of the offense any person is present;
(2) enters a building or occupied structure, or separately secured or occupied
portion thereof that is adapted for overnight accommodations in which at the
time of the offense no person is present;
(3) enters a building or occupied structure, or separately secured or occupied
portion thereof that is not adapted for overnight accommodations in which at the
time of the offense any person is present; or
(4) enters a building or occupied structure, or separately secured or occupied
portion thereof that is not adapted for overnight accommodations in which at the
time of the offense no person is present.
(b) Defense.--It is a defense to prosecution for burglary if any of the following
exists at the time of the commission of the offense:
(1) The building or structure was abandoned.
(2) The premises are open to the public.
(3) The actor is licensed or privileged to enter.
Grading.--
(1) Except as provided in paragraph (2), burglary is a felony of the first
degree.
(2) An offense under subsection (a)(4) is a felony of the second degree.
(d) Multiple convictions.--A person may not be sentenced both for burglary and for
the offense which it was his intent to commit after the burglarious entry or for
an attempt to commit that offense, unless the additional offense constitutes a
felony of the first or second degree.
CREDIT(S)
1972, Dec. 6, P.L.1482, No. 334, s 1, effective June 6, 1973. Amended 1990, Dec.
19, P.L. 1196, No. 201, s 1, effective July 1, 1991; 2012, July 5, P.L. 1050, No.
122, s 1, effective in 60 days [Sept. 4, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3503
Effective: November 23, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 35. Burglary and Other Criminal Intrusion (Refs & Annos)
>>>> s 3503. Criminal trespass
(a) Buildings and occupied structures.--
(1) A person commits an offense if, knowing that he is not licensed or
privileged to do so, he:
(i) enters, gains entry by subterfuge or surreptitiously remains in any
building or occupied structure or separately secured or occupied portion
thereof; or
(ii) breaks into any building or occupied structure or separately secured or
occupied portion thereof.
(2) An offense under paragraph (1)(i) is a felony of the third degree, and an
offense under paragraph (1)(ii) is a felony of the second degree.
(3) As used in this subsection:
"Breaks into." To gain entry by force, breaking, intimidation, unauthorized
opening of locks, or through an opening not designed for human access.
(b) Defiant trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or
privileged to do so, he enters or remains in any place as to which notice
against trespass is given by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or reasonably likely to come to the
attention of intruders;
(iii) fencing or other enclosure manifestly designed to exclude intruders;
(iv) notices posted in a manner prescribed by law or reasonably likely to come
to the person's attention at each entrance of school grounds that visitors are
prohibited without authorization from a designated school, center or program
official; or
(v) an actual communication to the actor to leave school grounds as
communicated by a school, center or program official, employee or agent or a
law enforcement officer.
(2) Except as provided in paragraph (1)(v), an offense under this subsection
constitutes a misdemeanor of the third degree if the offender defies an order to
leave personally communicated to him by the owner of the premises or other
authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor
of the first degree. Otherwise it is a summary offense.
(b.1) Simple trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or
privileged to do so, he enters or remains in any place for the purpose of:
(i) threatening or terrorizing the owner or occupant of the premises;
(ii) starting or causing to be started any fire upon the premises; or
(iii) defacing or damaging the premises.
(2) An offense under this subsection constitutes a summary offense.
(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is not licensed or privileged
to do so he:
(i) enters or remains on any agricultural or other open lands when such lands
are posted in a manner prescribed by law or reasonably likely to come to the
person's attention or are fenced or enclosed in a manner manifestly designed to
exclude trespassers or to confine domestic animals; or
(ii) enters or remains on any agricultural or other open lands and defies an
order not to enter or to leave that has been personally communicated to him by
the owner of the lands or other authorized person.
(2) An offense under this subsection shall be graded as follows:
(i) An offense under paragraph (1)(i) constitutes a misdemeanor of the third
degree and is punishable by imprisonment for a term of not more than one year
and a fine of not less than $250.
(ii) An offense under paragraph (1)(ii) constitutes a misdemeanor of the second
degree and is punishable by imprisonment for a term of not more than two years
and a fine of not less than $500 nor more than $5,000.
(3) For the purposes of this subsection, the phrase "agricultural or other open
lands" shall mean any land on which agricultural activity or farming as defined
in section 3309 (relating to agricultural vandalism) is conducted or any land
populated by forest trees of any size and capable of producing timber or other
wood products or any other land in an agricultural security area as defined in
the act of June 30, 1981 (P.L. 128, No. 43), [FN1] known as the Agricultural
Area Security Law, or any area zoned for agricultural use.
(b.3) Agricultural biosecurity area trespasser.--
(1) A person commits an offense if the person does any of the following:
(i) Enters an agricultural biosecurity area, knowing that the person is not
licensed or privileged to do so.
(ii) Knowingly or recklessly fails to perform reasonable measures for
biosecurity that by posted notice are required to be performed for entry to the
agricultural biosecurity area.
(2) It is a defense to prosecution under paragraph (1)(ii) that:
(i) no reasonable means or method was available to perform the measures that
the posted notice required to be performed for entry to the agricultural
biosecurity area;
(ii) entry is made in response to a condition within the agricultural
biosecurity area that the person reasonably believes to be a serious threat to
human or animal health as necessitating immediate entry to the agricultural
biosecurity area; or
(iii) entry is made under exigent circumstances by a law enforcement officer
to:
(A) pursue and apprehend a suspect of criminal conduct reasonably believed by
the officer to be present within the agricultural biosecurity area; or
(B) prevent the destruction of evidence of criminal conduct reasonably
believed by the officer to be located within the agricultural biosecurity
area.
(3)(i) Except as set forth in subparagraph (iii), an offense under paragraph
(1)(i) constitutes a misdemeanor of the third degree.
(ii) Except as set forth in subparagraph (iii), an offense under paragraph
(1)(ii) constitutes a summary offense.
(iii) If an offense under paragraph (1) causes damage to or death of an animal
or plant within an agricultural biosecurity area, the offense constitutes a
misdemeanor of the first degree.
(4) For purposes of this subsection, the terms "agricultural biosecurity area"
and "posted notice" shall have the meanings given to them in 3 Pa.C.S. s 2303
(relating to definitions).
Defenses.--It is a defense to prosecution under this section that:
(1) a building or occupied structure involved in an offense under subsection (a)
of this section was abandoned;
(2) the premises were at the time open to members of the public and the actor
complied with all lawful conditions imposed on access to or remaining in the
premises; or
(3) the actor reasonably believed that the owner of the premises, or other
person empowered to license access thereto, would have licensed him to enter or
remain.
(d) Definition.--As used in this section, the term "school grounds" means any
building of or grounds of any elementary or secondary publicly funded educational
institution, any elementary or secondary private school licensed by the Department
of Education, any elementary or secondary parochial school, any certified day-care
center or any licensed preschool program.
CREDIT(S)
1972, Dec. 6, P.L.1482, No. 334, s 1, effective June 6, 1973. Amended 1978, June
23, P.L.497, No. 76, s 1, effective in 60 days; 1995, Oct. 27, P.L. 334, No. 53,
s 1, effective in 60 days; 1998, Dec. 3, P.L. 933, No. 121, s 3, imd. effective;
2002, Oct. 2, P.L. 806, No. 116, s 3, imd. effective; 2010, Nov. 23, P.L. 1360,
No. 125, s 4, imd. effective.
[FN1] 3 P.S. s 901 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3504
Effective: September 13, 2004
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 35. Burglary and Other Criminal Intrusion (Refs & Annos)
>>>> s 3504. Railroad protection, railroad vandalism and interference with
transportation facilities
(a) Damage to railroad or delay of railroad operations.--
(1) A person commits an offense if, without lawful authority or the railroad
carrier's consent, he causes damage to property that he knows or reasonably
should have known to be railroad property, including the railroad right-of-way
or yard, or causes a delay in railroad operations by an act including, but not
limited to:
(i) Knowingly, purposefully or recklessly disrupting, delaying or preventing
the operation of any train, jitney, trolley or any other facility of
transportation.
(ii) Driving or operating a recreational vehicle or nonrecreational vehicle,
including, but not limited to, a bicycle, motorcycle, snowmobile, all-terrain
vehicle, car or truck.
(iii) Knowingly, purposefully or recklessly damaging railroad property,
railroad infrastructure or railroad equipment or using railroad property to
access adjoining property to commit acts of vandalism, theft or other criminal
acts.
(2) An offense under this subsection constitutes a misdemeanor of the third
degree.
(b) Stowaways prohibited.--
(1) A person commits an offense if, without lawful authority or the railroad
carrier's consent, he rides on the outside of a train or inside a passenger car,
locomotive or freight car, including a box car, flatbed or container.
(2) An offense under this subsection constitutes a misdemeanor of the third
degree.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Railroad." Any form of nonhighway ground transportation that runs on rails or
electromagnetic guideways, including, but not limited to:
(1) Commuter or other short-haul railroad passenger service in a metropolitan or
suburban area.
(2) High-speed ground transportation systems that connect metropolitan areas,
but not rapid transit operations in an urban area that are not connected to the
general railroad system of transportation.
"Railroad carrier." A person, including, but not limited to, an owner or
operator, providing railroad transportation.
"Railroad carrier's consent." Written or other affirmative communication of
permission to be on railroad property. Consent shall not be implied.
"Railroad property." All tangible property owned, leased or operated by a
railroad carrier, including a right-of-way, track, bridge, yard, shop, station,
tunnel, viaduct, trestle, depot,warehouse, terminal or any other structure,
appurtenance or equipment owned, leased or used in the operation of any railroad
carrier, including a train, locomotive, engine, railroad car, work equipment,
rolling stock or safety device. The term does not include a railroad carrier's
administrative building or offices, office equipment or intangible property such
as computer software or other information.
"Right-of-way." The track or roadbed owned, leased or operated by a railroad
carrier which is located on either side of its tracks and which is readily
recognizable to a reasonable person as being railroad property or is reasonably
identified as such by fencing or appropriate signs.
"Yard." A system of parallel tracks, crossovers and switches where railroad cars
are switched and made up into trains and where railroad cars, locomotives and
other rolling stock are kept when not in use or when awaiting repairs.
CREDIT(S)
2004, July 15, P.L. 691, No. 74, s 1, effective Sept. 13, 2004.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. C, Ch. 37, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 37. Robbery
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3701
Effective: May 17, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 37. Robbery (Refs & Annos)
>>>> s 3701. Robbery
(a) Offense defined.--
(1) A person is guilty of robbery if, in the course of committing a theft, he:
(i) inflicts serious bodily injury upon another;
(ii) threatens another with or intentionally puts him in fear of immediate
serious bodily injury;
(iii) commits or threatens immediately to commit any felony of the first or
second degree;
(iv) inflicts bodily injury upon another or threatens another with or
intentionally puts him in fear of immediate bodily injury;
(v) physically takes or removes property from the person of another by force
however slight; or
(vi) takes or removes the money of a financial institution without the
permission of the financial institution by making a demand of an employee of
the financial institution orally or in writing with the intent to deprive the
financial institution thereof.
(2) An act shall be deemed "in the course of committing a theft" if it occurs in
an attempt to commit theft or in flight after the attempt or commission.
(3) For purposes of this subsection, a "financial institution" means a bank,
trust company, savings trust, credit union or similar institution.
(b) Grading.--Robbery under subsection (a)(1)(iv) and (vi) is a felony of the
second degree; robbery under subsection (a)(1)(v) is a felony of the third
degree; otherwise, it is a felony of the first degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1976, June
24, P.L. 425, No. 102, s 1, imd. effective; 2010, March 16, P.L. 143, No. 11, s
1, effective in 60 days [May 17, 2010].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3702
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 37. Robbery (Refs & Annos)
>>>> s 3702. Robbery of motor vehicle
(a) Offense defined.--A person commits a felony of the first degree if he steals
or takes a motor vehicle from another person in the presence of that person or any
other person in lawful possession of the motor vehicle.
(b) Sentencing.--The Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S.
s 2154 (relating to adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for an offense under this section.
CREDIT(S)
1993, June 23, P.L. 124, No. 28, s 2, imd. effective.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. C, Ch. 39, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. C, Ch. 39,
Subch. A, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses
+ Subchapter A. General Provisions
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3901
Effective: September 17, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 3901. Definitions
Subject to additional definitions contained in subsequent provisions of this
chapter which are applicable to specific provisions of this chapter, the following
words and phrases when used in this chapter shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Deprive."
(1) To withhold property of another permanently or for so extended a period as
to appropriate a major portion of its economic value, or with intent to restore
only upon payment of reward or other compensation; or
(2) to dispose of the property so as to make it unlikely that the owner will
recover it.
"Financial institution." A bank, insurance company, credit union, building and
loan association, investment trust or other organization held out to the public as
a place of deposit of funds or medium of savings or collective investment.
"Firearm." Any weapon that is designed to or may readily be converted to expel
any projectile by the action of an explosive or the frame or receiver of any such
weapon.
"Government." The United States, any state, county, municipality, or other
political unit, or any department, agency or subdivision of any of the foregoing,
or any corporation or other association carrying out the functions of government.
"Movable property." Property the location of which can be changed, including
things growing on, affixed to, or found in land, and documents although the rights
represented thereby have no physical location. "Immovable property" is all other
property.
"Obtain."
(1) To bring about a transfer or purported transfer of legal interest in
property, whether to the obtainer or another; or
(2) in relation to labor or service, to secure performance thereof.
"Property." Anything of value, including real estate, tangible and intangible
personal property, contract rights, choses-in-action and other interests in or
claims to wealth, admission or transportation tickets, captured or domestic
animals, food and drink, electric or other power.
"Property of another." Includes property in which any person other than the actor
has an interest which the actor is not privileged to infringe, regardless of the
fact that the actor also has an interest in the property and regardless of the
fact that the other person might be precluded from civil recovery because the
property was used in an unlawful transaction or was subject to forfeiture as
contraband. Property in possession of the actor shall not be deemed property of
another who has only a security interest therein, even if legal title is in the
creditor pursuant to a conditional sales contract or other security agreement.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2007, July
17, P.L. 139, No. 41, s 3, effective in 60 days [Sept. 17, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3902
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 3902. Consolidation of theft offenses
Conduct denominated theft in this chapter constitutes a single offense. An
accusation of theft may be supported by evidence that it was committed in any
manner that would be theft under this chapter, notwithstanding the specification
of a different manner in the complaint or indictment, subject only to the power of
the court to ensure fair trial by granting a continuance or other appropriate
relief where the conduct of the defense would be prejudiced by lack of fair notice
or by surprise.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3903
Effective: August 29, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 3903. Grading of theft offenses
(a) Felony of the second degree.--Theft constitutes a felony of the second degree
if:
(1) The offense is committed during a manmade disaster, a natural disaster or a
war-caused disaster and constitutes a violation of section 3921 (relating to
theft by unlawful taking or disposition), 3925 (relating to receiving stolen
property), 3928 (relating to unauthorized use of automobiles and other vehicles)
or 3929 (relating to retail theft).
(2) The property stolen is a firearm.
(3) In the case of theft by receiving stolen property, the property received,
retained or disposed of is a firearm.
(4) The property stolen is any amount of anhydrous ammonia.
(a.1) Felony of the third degree.--Except as provided in subsection (a) or (a.2),
theft constitutes a felony of the third degree if the amount involved exceeds
$2,000, or if the property stolen is an automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle, or in the case of theft by receiving
stolen property, if the receiver is in the business of buying or selling stolen
property.
(a.2) Felony of the first degree.--Theft constitutes a felony of the first degree
if, in the case of theft by receiving stolen property, the property received,
retained or disposed of is a firearm and the receiver is in the business of buying
or selling stolen property.
(b) Other grades.--Theft not within subsection (a), (a.1) or (a.2), constitutes a
misdemeanor of the first degree, except that if the property was not taken from
the person or by threat, or in breach of fiduciary obligation, and:
(1) the amount involved was $50 or more but less than $200 the offense
constitutes a misdemeanor of the second degree; or
(2) the amount involved was less than $50 the offense constitutes a misdemeanor
of the third degree.
Valuation.--The amount involved in a theft shall be ascertained as follows:
(1) Except as otherwise specified in this section, value means the market value
of the property at the time and place of the crime, or if such cannot be
satisfactorily ascertained, the cost of replacement of the property within a
reasonable time after the crime.
(2) Whether or not they have been issued or delivered, certain written
instruments, not including those having a readily ascertainable market value
such as some public and corporate bonds and securities, shall be evaluated as
follows:
(i) The value of an instrument constituting an evidence of debt, such as a
check, draft or promissory note, shall be deemed the amount due or collectible
thereon or thereby, such figure ordinarily being the face amount of the
indebtedness less any portion thereof which has been satisfied.
(ii) The value of any other instrument which creates, releases, discharges or
otherwise affects any valuable legal right, privilege or obligation shall be
deemed the greatest amount of economic loss which the owner of the instrument
might reasonably suffer by virtue of the loss of the instrument.
(3) When the value of property cannot be satisfactorily ascertained pursuant to
the standards set forth in paragraphs (1) and (2) of this subsection its value
shall be deemed to be an amount less than $50. Amounts involved in thefts
committed pursuant to one scheme or course of conduct, whether from the same
person or several persons, may be aggregated in determining the grade of the
offense.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Manmade disaster." Any industrial, nuclear or transportation accident,
explosion, conflagration, power failure, natural resource shortage or other
condition, except enemy action, resulting from manmade causes, such as oil spills
and other injurious environmental contamination, which threatens or causes
substantial damage to property, human suffering, hardship or loss of life.
"Natural disaster." Any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire,
explosion or other catastrophe which results in substantial damage to property,
hardship, suffering or possible loss of life.
"War-caused disaster." Any condition following an attack upon the United States
resulting in substantial damage to property or injury to persons in the United
States caused by use of bombs, missiles, shellfire, nuclear, radiological,
chemical or biological means, or other weapons or overt paramilitary actions, or
other conditions such as sabotage.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974, June
17, P.L. 356, No. 118, s 1, imd. effective; 1990, Nov. 29, P.L. 608, No. 154, s
1, effective in 60 days; 1999, Dec. 15, P.L. 915, No. 59, s 3, effective in 60
days; 2004, Nov. 23, P.L. 953, No. 143, s 1, effective Jan. 24, 2005; 2011, June
28, P.L. 48, No. 10, s 4, effective in 60 days [Aug. 29, 2011].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3904
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 3904. Arrest without warrant
A law enforcement officer shall have the same right of arrest without a warrant
for any grade of theft as exists or may hereafter exist in the case of the
commission of a felony.
CREDIT(S)
1974, Oct. 17, P.L. 749, No. 251, s 1.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. C, Ch. 39,
Subch. B, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses
+ Subchapter B. Definition of Offenses
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3921
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3921. Theft by unlawful taking or disposition
(a) Movable property.--A person is guilty of theft if he unlawfully takes, or
exercises unlawful control over, movable property of another with intent to
deprive him thereof.
(b) Immovable property.--A person is guilty of theft if he unlawfully transfers,
or exercises unlawful control over, immovable property of another or any interest
therein with intent to benefit himself or another not entitled thereto.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3922
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3922. Theft by deception
(a) Offense defined.--A person is guilty of theft if he intentionally obtains or
withholds property of another by deception. A person deceives if he
intentionally:
(1) creates or reinforces a false impression, including false impressions as to
law, value, intention or other state of mind; but deception as to a person's
intention to perform a promise shall not be inferred from the fact alone that he
did not subsequently perform the promise;
(2) prevents another from acquiring information which would affect his judgment
of a transaction; or
(3) fails to correct a false impression which the deceiver previously created or
reinforced, or which the deceiver knows to be influencing another to whom he
stands in a fiduciary or confidential relationship.
(b) Exception.--The term "deceive" does not, however, include falsity as to
matters having no pecuniary significance, or puffing by statements unlikely to
deceive ordinary persons in the group addressed.
CREDIT(S)
1972, Dec. 6, P.L.1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3923
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3923. Theft by extortion
(a) Offense defined.--A person is guilty of theft if he intentionally obtains or
withholds property of another by threatening to:
(1) commit another criminal offense;
(2) accuse anyone of a criminal offense;
(3) expose any secret tending to subject any person to hatred, contempt or
ridicule;
(4) take or withhold action as an official, or cause an official to take or
withhold action;
(5) bring about or continue a strike, boycott or other collective unofficial
action, if the property is not demanded or received for the benefit of the group
in whose interest the actor purports to act;
(6) testify or provide information or withhold testimony or information with
respect to the legal claim or defense of another; or
(7) inflict any other harm which would not benefit the actor.
(b) Defenses.--It is a defense to prosecution based on paragraphs (a)(2), (a)(3)
or (a)(4) of this section that the property obtained by threat of accusation,
exposure, lawsuit or other invocation of official action was honestly claimed as
restitution or indemnification for harm done in the circumstances to which such
accusation, exposure, lawsuit or other official action relates, or as compensation
for property or lawful services.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1976,
June 24, P.L. 425, No. 102, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3924
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3924. Theft of property lost, mislaid, or delivered by mistake
A person who comes into control of property of another that he knows to have been
lost, mislaid, or delivered under a mistake as to the nature or amount of the
property or the identity of the recipient is guilty of theft if, with intent to
deprive the owner thereof, he fails to take reasonable measures to restore the
property to a person entitled to have it.
CREDIT(S)
1972, Dec. 6, Pl. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3925
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3925. Receiving stolen property
(a) Offense defined.--A person is guilty of theft if he intentionally receives,
retains, or disposes of movable property of another knowing that it has been
stolen, or believing that it has probably been stolen, unless the property is
received, retained, or disposed with intent to restore it to the owner.
(b) Definition.--As used in this section the word "receiving" means acquiring
possession, control or title, or lending on the security of the property.
CREDIT(S)
1972, Dec. 6, Pl. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3926
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3926. Theft of services
(a) Acquisition of services.--
(1) A person is guilty of theft if he intentionally obtains services for himself
or for another which he knows are available only for compensation, by deception
or threat, by altering or tampering with the public utility meter or measuring
device by which such services are delivered or by causing or permitting such
altering or tampering, by making or maintaining any unauthorized connection,
whether physically, electrically or inductively, to a distribution or
transmission line, by attaching or maintaining the attachment of any
unauthorized device to any cable, wire or other component of an electric,
telephone or cable television system or to a television receiving set connected
to a cable television system, by making or maintaining any unauthorized
modification or alteration to any device installed by a cable television system,
or by false token or other trick or artifice to avoid payment for the service.
(1.1) A person is guilty of theft if he intentionally obtains or attempts to
obtain telecommunication service by the use of an unlawful telecommunication
device or without the consent of the telecommunication service provider.
(2) Deleted.
(3) A person is not guilty of theft of cable television service under this
section who subscribes to and receives service through an authorized connection
of a television receiving set at his dwelling and, within his dwelling, makes an
unauthorized connection of an additional television receiving set or sets or
audio system which receives only basic cable television service obtained through
such authorized connection.
(4) Where compensation for service is ordinarily paid immediately upon the
rendering of such service, as in the case of hotels and restaurants, refusal to
pay or absconding without payment or offer to pay gives rise to a presumption
that the service was obtained by deception as to intention to pay.
(b) Diversion of services.--A person is guilty of theft if, having control over
the disposition of services of others to which he is not entitled, he knowingly
diverts such services to his own benefit or to the benefit of another not entitled
thereto.
Grading.--
(1) An offense under this section constitutes a summary offense when the value
of the services obtained or diverted is less than $50.
(2) When the value of the services obtained or diverted is $50 or more, the
grading of the offense shall be as established in section 3903 (relating to
grading of theft offenses).
(3) Amounts involved in theft of services committed pursuant to one scheme or
course of conduct, whether from the same person or several persons, may be
aggregated in determining the grade of the offense.
(d) Inferences.--
(1) Any person having possession of or access to the location of a public
utility meter or service measuring device which has been avoided or tampered
with so as to inhibit or prevent the accurate measurement of utility service and
who enjoys the use of or receives the benefit from the public utility service
intended to be metered or measured by the public utility meter or measuring
device so avoided or tampered with may be reasonably inferred to have acted to
avoid or tamper with the public utility meter or measuring device with the
intent to obtain the public utility service without making full compensation
therefor.
(2) Any person having possession of or access to the location of the
distribution or transmission lines or other facilities of a cable television
system which have been tapped, altered or tampered with or to which any
unauthorized connection has been made or to which any unauthorized device has
been attached or any person having possession of or access to any device
installed by a cable television system to which an unauthorized modification or
alteration has been made, the result of which tapping, altering, tampering,
connection, attachment or modification is to avoid payment for all or any part
of the cable television service for which payment is normally required, and who
enjoys the use of or receives the benefit from the cable television service, may
be reasonably inferred to have acted to have tapped, altered, tampered with,
connected or attached to or modified cable television facilities with the intent
to obtain cable television service without making full compensation therefor.
This inference shall not apply to the act of a subscriber to cable television
service, who receives service through an authorized connection of a television
receiving set at his dwelling, in making, within his dwelling, an unauthorized
connection of an additional television receiving set or sets or audio system
which receives only basic cable television service obtained through such
authorized connection.
(e) Sale or transfer of device or plan intended for acquisition or diversion.--A
person is guilty of a misdemeanor of the third degree if he sells, gives or
otherwise transfers to others or offers, advertises or exposes for sale to others,
any device, kit, plan or other instructional procedure for the making of such
device or a printed circuit, under circumstances indicating his having knowledge
or reason to believe that such device, kit, plan or instructional procedure is
intended for use by such others for the acquisition or diversion of services as
set forth in subsections (a) and (b).
(f) Restitution.--The court may, in addition to any other sentence authorized by
law, sentence a person convicted of violating this section to make restitution
under section 1106 (relating to restitution for injuries to person or property) or
42 Pa.C.S. s 9721 (relating to sentencing generally).
(g) Civil action.--A telecommunication service provider aggrieved by a violation
of this section may in a civil action in any court of competent jurisdiction
obtain appropriate relief, including preliminary and other equitable or
declaratory relief, compensatory and punitive damages, reasonable investigation
expenses, costs of suit and attorney fees.
(h) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Service." Includes, but is not limited to, labor, professional service,
transportation service, the supplying of hotel accommodations, restaurant
services, entertainment, cable television service, the supplying of equipment for
use and the supplying of commodities of a public utility nature such as gas,
electricity, steam and water, and telephone or telecommunication service. The
term "unauthorized" means that payment of full compensation for service has been
avoided, or has been sought to be avoided, without the consent of the supplier of
the service.
"Telecommunication service provider." A person or entity providing
telecommunication service, including, but not limited to, a cellular, paging or
other wireless communications company or other person or entity which, for a fee,
supplies the facility, cell site, mobile telephone switching office or other
equipment or telecommunication service.
"Telephone service" or "telecommunication service." Includes, but is not limited
to, any service provided for a charge or compensation to facilitate the
origination, transmission, emission or reception of signs, signals, data,
writings, images and sounds or intelligence of any nature by telephone, including
cellular telephones, wire, radio, electromagnetic, photoelectronic or
photo-optical system.
"Unlawful telecommunication device." Any electronic serial number, mobile
identification number, personal identification number or any telecommunication
device that is capable or has been altered, modified, programmed or reprogrammed
alone or in conjunction with another access device or other equipment so as to be
capable of acquiring or facilitating the acquisition of a telecommunication
service without the consent of the telecommunication service provider. The term
includes, but is not limited to, phones altered to obtain service without the
consent of the telecommunication service provider, tumbler phones, counterfeit or
clone phones, tumbler microchips, counterfeit or clone microchips, scanning
receivers of wireless telecommunication service of a telecommunication service
provider and other instruments capable of disguising their identity or location or
of gaining access to a communications system operated by a telecommunication
service provider.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1978,
April 28, P.L. 85, No. 40, s 1, effective in 60 days; 1978, Nov. 26, P.L. 1326,
No. 321, s 1, effective in 90 days; 1984, Dec. 21, P.L. 1210, No. 230, s 3, imd.
effective; 1995, June 13, P.L. 52, No. 8, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3927
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3927. Theft by failure to make required disposition of funds
received
(a) Offense defined.--A person who obtains property upon agreement, or subject to
a known legal obligation, to make specified payments or other disposition, whether
from such property or its proceeds or from his own property to be reserved in
equivalent amount, is guilty of theft if he intentionally deals with the property
obtained as his own and fails to make the required payment or disposition. The
foregoing applies notwithstanding that it may be impossible to identify particular
property as belonging to the victim at the time of the failure of the actor to
make the required payment or disposition.
(b) Presumptions.--An officer or employee of the government or of a financial
institution is presumed:
(1) to know any legal obligation relevant to his criminal liability under this
section; and
(2) to have dealt with the property as his own if he fails to pay or account
upon lawful demand, or if an audit reveals a shortage or falsification of
accounts.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3928
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3928. Unauthorized use of automobiles and other vehicles
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if
he operates the automobile, airplane, motorcycle, motorboat, or other
motor-propelled vehicle of another without consent of the owner.
(b) Defense.--It is a defense to prosecution under this section that the actor
reasonably believed that the owner would have consented to the operation had he
known of it.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3929
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3929. Retail theft
(a) Offense defined.--A person is guilty of a retail theft if he:
(1) takes possession of, carries away, transfers or causes to be carried away or
transferred, any merchandise displayed, held, stored or offered for sale by any
store or other retail mercantile establishment with the intention of depriving
the merchant of the possession, use or benefit of such merchandise without
paying the full retail value thereof;
(2) alters, transfers or removes any label, price tag marking, indicia of value
or any other markings which aid in determining value affixed to any merchandise
displayed, held, stored or offered for sale in a store or other retail
mercantile establishment and attempts to purchase such merchandise personally or
in consort with another at less than the full retail value with the intention of
depriving the merchant of the full retail value of such merchandise;
(3) transfers any merchandise displayed, held, stored or offered for sale by any
store or other retail mercantile establishment from the container in or on which
the same shall be displayed to any other container with intent to deprive the
merchant of all or some part of the full retail value thereof; or
(4) under-rings with the intention of depriving the merchant of the full retail
value of the merchandise.
(5) destroys, removes, renders inoperative or deactivates any inventory control
tag, security strip or any other mechanism designed or employed to prevent an
offense under this section with the intention of depriving the merchant of the
possession, use or benefit of such merchandise without paying the full retail
value thereof.
(b) Grading.--
(1) Retail theft constitutes a:
(i) Summary offense when the offense is a first offense and the value of the
merchandise is less than $150.
(ii) Misdemeanor of the second degree when the offense is a second offense and
the value of the merchandise is less than $150.
(iii) Misdemeanor of the first degree when the offense is a first or second
offense and the value of the merchandise is $150 or more.
(iv) Felony of the third degree when the offense is a third or subsequent
offense, regardless of the value of the merchandise.
(v) Felony of the third degree when the amount involved exceeds $2,000 or if
the merchandise involved is a firearm or a motor vehicle.
(1.1) Any person who is convicted under subsection (a) of retail theft of motor
fuel may, in addition to any other penalty imposed, be sentenced as follows:
(i) For a first offense, to pay a fine of not less than $100 nor more than
$250.
(ii) For a second offense, to pay a fine of not less than $250 nor more than
$500.
(iii) For a third or subsequent offense, to pay a fine of not less than $500,
or the court may order the operating privilege of the person suspended for 30
days. A copy of the order shall be transmitted to the Department of
Transportation.
(2) Amounts involved in retail thefts committed pursuant to one scheme or course
of conduct, whether from the same store or retail mercantile establishment or
several stores or retail mercantile establishments, may be aggregated in
determining the grade of the offense.
Presumptions.--Any person intentionally concealing unpurchased property of any
store or other mercantile establishment, either on the premises or outside the
premises of such store, shall be prima facie presumed to have so concealed such
property with the intention of depriving the merchant of the possession, use or
benefit of such merchandise without paying the full retail value thereof within
the meaning of subsection (a), and the finding of such unpurchased property
concealed, upon the person or among the belongings of such person, shall be prima
facie evidence of intentional concealment, and, if such person conceals, or causes
to be concealed, such unpurchased property, upon the person or among the
belongings of another, such fact shall also be prima facie evidence of intentional
concealment on the part of the person so concealing such property.
(c.1) Evidence.--To the extent that there is other competent evidence to
substantiate the offense, the conviction shall not be avoided because the
prosecution cannot produce the stolen merchandise.
(d) Detention.--A peace officer, merchant or merchant's employee or an agent under
contract with a merchant, who has probable cause to believe that retail theft has
occurred or is occurring on or about a store or other retail mercantile
establishment and who has probable cause to believe that a specific person has
committed or is committing the retail theft may detain the suspect in a reasonable
manner for a reasonable time on or off the premises for all or any of the
following purposes: to require the suspect to identify himself, to verify such
identification, to determine whether such suspect has in his possession
unpurchased merchandise taken from the mercantile establishment and, if so, to
recover such merchandise, to inform a peace officer, or to institute criminal
proceedings against the suspect. Such detention shall not impose civil or
criminal liability upon the peace officer, merchant, employee, or agent so
detaining.
(e) Reduction prohibited.--No magisterial district judge shall have the power to
reduce any other charge of theft to a charge of retail theft as defined in this
section.
(f) Definitions.--
"Conceal." To conceal merchandise so that, although there may be some notice of
its presence, it is not visible through ordinary observation.
"Full retail value." The merchant's stated or advertised price of the
merchandise.
"Merchandise." Any goods, chattels, foodstuffs or wares of any type and
description, regardless of the value thereof.
"Merchant." An owner or operator of any retail mercantile establishment or any
agent, employee, lessee, consignee, officer, director, franchisee or independent
contractor of such owner or operator.
"Premises of a retail mercantile establishment." Includes but is not limited to,
the retail mercantile establishment, any common use areas in shopping centers and
all parking areas set aside by a merchant or on behalf of a merchant for the
parking of vehicles for the convenience of the patrons of such retail mercantile
establishment.
"Store or other retail mercantile establishment." A place where merchandise is
displayed, held, stored or sold or offered to the public for sale.
"Under-ring." To cause the cash register or other sales recording device to
reflect less than the full retail value of the merchandise.
(g) Fingerprinting.--Prior to the commencement of trial or entry of plea of a
defendant 16 years of age or older accused of the summary offense of retail theft,
the issuing authority shall order the defendant to submit within five days of such
order for fingerprinting by the municipal police of the jurisdiction in which the
offense allegedly was committed or the State Police. Fingerprints so obtained
shall be forwarded immediately to the Pennsylvania State Police for determination
as to whether or not the defendant previously has been convicted of the offense of
retail theft. The results of such determination shall be forwarded to the Police
Department obtaining the fingerprints if such department is the prosecutor, or to
the issuing authority if the prosecutor is other than a police officer. The
issuing authority shall not proceed with the trial or plea in summary cases until
in receipt of the determination made by the State Police. The magisterial
district judge shall use the information obtained solely for the purpose of
grading the offense pursuant to subsection (b).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1976,
Dec. 2, P.L. 1230, No. 272, s 1, imd. effective; 1978, April 28, P.L. 202, No.
53, s 7(6), eff. June 27, 1980; 1996, Dec. 20, P.L. 1530, No. 200, s 1, effective
in 60 days; 1997, June 25, P.L. 377, No. 42, s 1, imd. effective; 2002, Oct. 2,
P.L. 806, No. 116, s 4, effective in 60 days; 2004, Nov. 30, P.L. 1618, No. 207,
s 4, effective Jan. 31, 2005.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3929.1
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3929.1. Library theft
(a) Offense defined.--A person is guilty of library theft if he willfully conceals
on his person or among his belongings any library or museum material while still
on the premises of a library or willfully and without authority removes any
library or museum material from a library with the intention of converting such
material to his own use.
(b) Grading.--
(1) Library theft constitutes a:
(i) Summary offense when the offense is a first offense and the value of the
material is less than $150.
(ii) Misdemeanor of the second degree when the offense is a second offense and
the value of the material is less than $150.
(iii) Misdemeanor of the first degree when the offense is a first or second
offense and the value of the material is $150 or more.
(iv) Felony of the third degree when the offense is a third or subsequent
offense, regardless of the value of the material.
(2) Amounts involved in library thefts committed pursuant to one scheme or
course of conduct, whether from the same library or several libraries, may be
aggregated in determining the grade of the offense.
Presumption.--A person who willfully conceals any library or museum material
on his person or among his belongings while still on the premises of the library
or in the immediate vicinity thereof shall be prima facie presumed to have
concealed the library or museum material with the intention of converting such
material to his own use.
(d) Detention.--A peace officer, employee or agent of a library who has probable
cause to believe that a person has committed library theft may detain such person
on the premises of the library or in the immediate vicinity thereof for the
following purposes:
(1) To conduct an investigation in a reasonable manner and within a reasonable
length of time to determine whether such person has unlawfully concealed or
removed any library or museum material.
(2) To inform a peace officer of the detention of the person or surrender that
person to the custody of a peace officer.
(e) Exemption from liability.--A peace officer, employee or agent of a library who
detains or causes the arrest of any person pursuant to this section shall not be
held civilly or criminally liable for false arrest, false imprisonment, unlawful
detention, assault, battery, slander, libel or malicious prosecution of the person
detained or arrested provided the peace officer, employee or agent of the library
had at the time of the detention or arrest probable cause to believe that the
person committed library theft.
(f) Public display of law.--A copy of this section shall be publicly displayed in
the reading rooms and other public rooms of all libraries in such number and
manner as will bring this section to the attention of patrons.
(g) Prior offenses.--Prior to the commencement of trial or entry of plea of a
defendant 16 years of age or older accused of the summary offense of library
theft, the issuing authority shall notify the Pennsylvania State Police for
determination as to whether or not the defendant previously has been convicted of
the offense of library theft. The results of such determination shall be
forwarded to the police department if the department is the prosecutor, or to the
issuing authority if the prosecutor is other than a police officer. The issuing
authority shall not proceed with the trial or plea in summary cases until in
receipt of the determination made by the State Police. The magisterial district
judge shall use the information obtained solely for the purpose of grading the
offense pursuant to subsection (b).
(h) Fingerprinting.--Upon conviction the issuing authority shall order the
defendant to submit within five days of such order for fingerprinting by the
municipal police of the jurisdiction in which the offense allegedly was committed
or the State Police.
(i) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Conceal." To conceal library or museum material so that, although there may be
some notice of its presence, it is not visible through ordinary observation.
"Library." Any public library, any library, archives or manuscript repository of
educational, historical or eleemosynary institution, organization or society, any
museum and any repository of public records.
"Library or museum material." Any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript,
document, letter, public record, microfilm, sound recording, audiovisual materials
in any format, magnetic or other tapes, electronic data processing records,
display object, exhibit, work of art, artifact, or other documentary, written or
printed materials regardless of physical form or characteristics, belonging to, on
loan to, or otherwise in the custody of a library.
"Premises of a library." Includes but is not limited to the library and all
parking areas set aside for the parking of vehicles for the convenience of the
patrons of such library.
CREDIT(S)
1982, April 27, P.L. 345, No. 95, s 1, imd. effective. Amended 2004, Nov. 30,
P.L. 1618, No. 207, s 4, effective Jan. 31, 2005.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3929.2
Effective: June 17, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3929.2. Unlawful possession of retail or library theft instruments
(a) Offense.--A person commits a misdemeanor of the first degree if he knowingly
possesses, manufactures, sells, offers for sale or distributes in any way a theft
detection shielding device or a theft detection deactivation device.
(b) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Conceal." To conceal merchandise or library or museum material so that, although
there may be some notice of its presence, it is not visible through ordinary
observation.
"Full retail value." The merchant's stated or advertised price of the
merchandise.
"Library." Any public library, any library, archives or manuscript repository of
an educational, historical or eleemosynary institution, organization or society,
any museum and any repository of public records.
"Library or museum material." Any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript,
document, letter, public record, microfilm, sound recording, audiovisual materials
in any format, magnetic or other tapes, electronic data processing records,
display object, exhibit, work of art, artifact or other documentary, written or
printed materials regardless of physical form or characteristics, belonging to, on
loan to or otherwise in the custody of a library.
"Merchandise." Any goods, chattels, foodstuffs or wares of any type and
description regardless of the value thereof.
"Merchant." An owner or operator of any retail mercantile establishment or any
agent, employee, lessee, consignee, officer, director, franchisee or independent
contractor of such owner or operator.
"Store or other retail mercantile establishment." A place where merchandise is
displayed, held, stored or sold or offered to the public for sale.
"Theft detection deactivation device." Any tool, device, equipment or object
designed to destroy, remove, render inoperative or deactivate any inventory
control tag, security strip or any other mechanism designed or employed to prevent
an offense under section 3929 (relating to retail theft) or 3929.1 (relating to
library theft) which is possessed, manufactured, sold or offered for sale with the
intention that it be used to:
(1) deprive merchants of the possession, use or benefit of merchandise
displayed, held, stored or offered for sale or lease without paying the full
retail value thereof; or
(2) convert library or museum material to one's own use.
"Theft detection shielding device." Any laminated, lined or coated bag, purse,
container, case, coat or similar device which is intended to be used to take
possession of, carry away, transfer, cause to be carried away or transferred or
conceal:
(1) any merchandise displayed, held, stored or offered for sale or lease by any
store or other retail mercantile establishment with the intent to deprive
merchants of the possession, use or benefit of such merchandise without paying
the full retail value thereof; or
(2) any library or museum material on his person or among his belongings with
the intent to convert such material to his own use.
CREDIT(S)
2002, April 17, P.L. 246, No. 33, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3929.3
Effective: August 16, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3929.3. Organized retail theft
(a) Offense defined.--A person commits organized retail theft if the person
organizes, coordinates, controls, supervises, finances or manages any of the
activities of an organized retail theft enterprise.
(b) Grading.--
(1) If the retail value of the stolen merchandise in the possession of or under
the control of the organized retail theft enterprise is at least $5,000, but not
more than $19,999, the offense is a felony of the third degree.
(2) If the retail value of the stolen merchandise in the possession of or under
the control of the organized retail theft enterprise is at least $20,000, the
offense is a felony of the second degree.
Definitions.--The following words and phrases when used in this section shall
have the meanings given to them in this subsection:
"Merchandise." Any goods, chattels, foodstuffs or wares of any type and
description, regardless of the value thereof.
"Merchant." An owner or operator of a retail mercantile establishment or an
agent, employee, lessee, consignee, officer, director, franchise or independent
contractor of such owner or operator.
"Organized retail theft enterprise." A corporation, partnership or any other type
of association, whether or not legally formed, operated for the purpose of
engaging in violations of the provisions of section 3925 (relating to receiving
stolen property) or 3929 (relating to retail theft).
"Retail value." A merchant's stated or advertised price of merchandise. If
merchandise is not traceable to a specific merchant, the stated or advertised
price of the merchandise by merchants in the same geographical region.
CREDIT(S)
2010, June 16, P.L. 212, No. 33, s 1, effective in 60 days [Aug. 16, 2010].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3930
Effective: April 19, 2004
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3930. Theft of trade secrets
(a) Felony of the second degree.--A person is guilty of a felony of the second
degree if he:
(1) by force or violence or by putting him in fear takes from the person of
another any article representing a trade secret;
(2) willfully and maliciously enters any building or other structure with intent
to obtain unlawful possession of, or access to, an article representing a trade
secret; or
(3) willfully and maliciously accesses any computer, computer network or
computer system, whether in person or electronically, with the intent to obtain
unlawful possession of, or access to, an article representing a trade secret.
(b) Felony of the third degree.--A person is guilty of a felony of the third
degree if he, with intent to wrongfully deprive of, or withhold from the owner,
the control of a trade secret, or with intent to wrongfully appropriate a trade
secret for his use, or for the use of another:
(1) unlawfully obtains possession of, or access to, an article representing a
trade secret; or
(2) having lawfully obtained possession of an article representing a trade
secret, or access thereto, converts such article to his own use or that of
another person, while having possession thereof or access thereto makes, or
causes to be made, a copy of such article, or exhibits such article to another.
Further disposition irrelevant.--The crime or crimes defined in subsections
(a) and (b) of this section shall be deemed complete without regard to the further
disposition, return, or intent to return, of the article representing a trade
secret.
(d) Defense.--It shall be a complete defense to any prosecution under subsection
(b) of this section for the defendant to show that information comprising the
trade secret was rightfully known or available to him from a source other than the
owner of the trade secret.
(e) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Article." Any object, material, device or substance or copy thereof, including
any writing, record, recording, drawing, description, sample, specimen, prototype,
model, photograph, microorganism, blueprint or map.
"Computer." An electronic, magnetic, optical, hydraulic, organic or other
high-speed data processing device or system which performs logic, arithmetic or
memory functions and includes all input, output, processing, storage, software or
communication facilities which are connected or related to the device in a system
or network.
"Computer network." The interconnection of two or more computers through the
usage of satellite, microwave, line or other communication medium.
"Computer system." A set of related, connected or unconnected computer equipment,
devices and software.
"Copy." Any facsimile, replica, photograph or reproduction of, an article, or any
note, drawing, sketch, or description made of, or from an article.
"Representing." Describing, depicting, containing, constituting, reflecting or
recording.
"Trade secret." The whole or any portion or phase of any scientific or technical
information, design, process, procedure, formula or improvement which is of value
and has been specifically identified by the owner as of a confidential character,
and which has not been published or otherwise become a matter of general public
knowledge. There shall be a rebuttable presumption that scientific or technical
information has not been published or otherwise become a matter of general public
knowledge when the owner thereof takes measures to prevent it from becoming
available to persons other than those selected by him to have access thereto for
limited purposes.
(f) Construction.--Nothing in this section shall be construed to interfere with or
prohibit terms or conditions in a contract or license related to a computer, a
computer network or computer software.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1996, Oct.
16, P.L. 715, No. 128, s 1, effective in 60 days; 1997, June 25, P.L. 284, No.
26, s 2, effective in 60 days; 2004, Feb. 19, P.L. 143, No. 14, s 2, effective
April 19, 2004.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3931
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3931. Theft of unpublished dramas and musical compositions
A person is guilty of theft if he publicly presents for profit, without the
consent of the author thereof, any unpublished dramatic play or musical
composition.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3932
Effective: December 8, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3932. Theft of leased property
(a) Offense defined.--A person who obtains personal property under an agreement
for the lease or rental of the property is guilty of theft if he intentionally
deals with the property as his own.
(b) Definition.--As used in this section:
(1) A person "deals with the property as his own" if he sells, secretes,
destroys, converts to his own use or otherwise disposes of the property.
(2) A "written demand to return the property is delivered" when it is sent
simultaneously by first class mail, evidenced by a certificate of mailing, and
by registered or certified mail to the address provided by the lessee.
Presumption.--A person shall be prima facie presumed to have intent if he:
(1) signs the lease or rental agreement with a name other than his own and fails
to return the property within the time specified in the agreement; or
(2) fails to return the property to its owner within seven days after a written
demand to return the property is delivered.
(d) Exception.--This section shall not apply to secured transactions as defined in
Title 13 (relating to commercial code).
CREDIT(S)
1977, Aug. 8, P.L. 184, No. 49, s 1, effective in 90 days. As amended 1979, Nov.
1, P.L. 255, No. 86, s 3, effective Jan. 1, 1980; 2008, Oct. 9, P.L. 1403, No.
111, s 1, effective in 60 days [Dec. 8, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3933
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3933. Repealed by 2002, Dec. 16, P.L. 1953, No. 226, s 1.2,
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 3934
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
+ Chapter 39. Theft and Related Offenses (Refs & Annos)
+ Subchapter B. Definition of Offenses (Refs & Annos)
>>>> s 3934. Theft from a motor vehicle
(a) Offense defined.--A person commits the offense of theft from a motor vehicle
if he unlawfully takes or attempts to take possession of, carries away or
exercises unlawful control over any movable property of another from a motor
vehicle with the intent to deprive him thereof.
(b) Grading.--
(1) An offense under this section is:
(i) a misdemeanor of the third degree if the amount involved was less than $50;
or
(ii) a misdemeanor of the second degree if the amount involved was $50 or more
but less than $200; or
(iii) a misdemeanor of the first degree if the amount involved was greater than
$200.
(2) When the offense is a third or subsequent offense within a five-year period,
regardless of the amount involved and regardless of the grading of the prior
offenses, an offense under this section is a felony of the third degree.
CREDIT(S)
1998, Dec. 21, P.L. 1103, No. 149, s 2, effective in 60 days. Amended 1999, June
18, P.L. 67, No. 8, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4101
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4101. Forgery
(a) Offense defined.--A person is guilty of forgery if, with intent to defraud or
injure anyone, or with knowledge that he is facilitating a fraud or injury to be
perpetrated by anyone, the actor:
(1) alters any writing of another without his authority;
(2) makes, completes, executes, authenticates, issues or transfers any writing
so that it purports to be the act of another who did not authorize that act, or
to have been executed at a time or place or in a numbered sequence other than
was in fact the case, or to be a copy of an original when no such original
existed; or
(3) utters any writing which he knows to be forged in a manner specified in
paragraphs (1) or (2) of this subsection.
(b) Definition.--As used in this section the word "writing" includes printing or
any other method of recording information, money, coins, tokens, stamps, seals,
credit cards, badges, trademarks, electronic signatures and other symbols of
value, right, privilege, or identification.
Grading.--Forgery is a felony of the second degree if the writing is or
purports to be part of an issue of money, securities, postage or revenue stamps,
or other instruments issued by the government, or part of an issue of stock, bonds
or other instruments representing interests in or claims against any property or
enterprise. Forgery is a felony of the third degree if the writing is or purports
to be a will, deed, contract, release, commercial instrument, or other document
evidencing, creating, transferring, altering, terminating, or otherwise affecting
legal relations. Otherwise forgery is a misdemeanor of the first degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2002, Dec.
16, P.L. 1953, No. 226, s 1.3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4102
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4102. Simulating objects of antiquity, rarity, etc.
A person commits a misdemeanor of the first degree if, with intent to defraud
anyone or with knowledge that he is facilitating a fraud to be perpetrated by
anyone, he makes, alters or utters any object so that it appears to have value
because of antiquity, rarity, source, or authorship which it does not possess.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4103. Fraudulent destruction, removal or concealment of recordable
instruments
A person commits a felony of the third degree if, with intent to deceive or injure
anyone, he destroys, removes or conceals any will, deed, mortgage, security
instrument or other writing for which the law provides public recording.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4104. Tampering with records or identification
(a) Writings.--A person commits a misdemeanor of the first degree if, knowing that
he has no privilege to do so, he falsifies, destroys, removes or conceals any
writing or record, or distinguishing mark or brand or other identification with
intent to deceive or injure anyone or to conceal any wrongdoing.
(b) Personal property.--A person commits a summary offense if he knowingly buys,
sells or moves in commerce any personal property from which the manufacturer's
name plate, serial number or any other distinguishing number or identification
mark has been removed, defaced, covered, altered or destroyed unless the
alterations have been customarily made or done as an established practice in the
ordinary and regular conduct of business by the original manufacturer or under
specific authorization and direction from the original manufacturer. Personal
property as set forth in this subsection shall not include firearms, motor
vehicles or insurance company salvage recoveries.
Innocent alterations.--If property subject to the provisions of this section
has had its identifying marks defaced or eliminated innocently and is in the
possession of its rightful owner, the owner may, notwithstanding the provisions of
subsection (a) or (b), dispose of the property by sale or otherwise if he delivers
to the acquirer a notarized statement that the property was innocently altered and
that the person disposing of it is its rightful owner.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1978,
Nov. 26, P.L. 1316, No. 319, s 4, effective Jan. 1, 1979.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4105
Effective: February 19, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4105. Bad checks
(a) Offense defined.--
(1) A person commits an offense if he issues or passes a check or similar sight
order for the payment of money, knowing that it will not be honored by the
drawee.
(2) A person commits an offense if he, knowing that it will not be honored by
the drawee, issues or passes a check or similar sight order for the payment of
money when the drawee is located within this Commonwealth. A violation of this
paragraph shall occur without regard to whether the location of the issuance or
passing of the check or similar sight order is within or outside of this
Commonwealth. It shall be no defense to a violation of this section that some
or all of the acts constituting the offense occurred outside of this
Commonwealth.
(b) Presumptions.--For the purposes of this section as well as in any prosecution
for theft committed by means of a bad check, the following shall apply:
(1) An issuer is presumed to know that the check or order (other than a
post-dated check or order) would not be paid, if:
(i) payment was refused because the issuer had no such account with the drawee
at the time the check or order was issued; or
(ii) payment was refused by the drawee for lack of funds, upon presentation
within 30 days after issue, and the issuer failed to make good within ten days
after receiving notice of that refusal.
Notice of refusal may be given to the issuer orally or in writing by any person.
Proof that notice was sent by registered or certified mail, regardless of
whether a receipt was requested or returned, to the address printed on the check
or, if none, then to the issuer's last known address, shall raise a presumption
that the notice was received.
(2) A check or order stamped "NSF" or "insufficient funds" shall raise a
presumption that payment was refused by the drawee for lack of funds.
(3) A check or order stamped "account closed" or "no such account" or
"counterfeit" shall raise a presumption that payment was refused by the drawee
because the issuer had no such account with the drawee at the time the check or
order was issued.
Grading.--
(1) An offense under this section is:
(i) a summary offense if the check or order is less than $200;
(ii) a misdemeanor of the third degree if the check or order is $200 or more
but less than $500;
(iii) a misdemeanor of the second degree if the check or order is $500 or more
but less than $1,000;
(iv) a misdemeanor of the first degree if the check or order is $1,000 or more
but is less than $75,000; or
(v) a felony of the third degree if the check or order is $75,000 or more.
(2) When the offense is a third or subsequent offense within a five-year period,
regardless of the amount of the check or order and regardless of the grading of
the prior offenses, an offense under this section is a misdemeanor of the first
degree unless the amount of the check or order involved in the third or
subsequent offense is $75,000 or more, then the offense is a felony of the third
degree.
(d) Venue.--An offense under subsection (a) may be deemed to have been committed
at either the place where the defendant issues or passes the bad check or similar
sight order for the payment of money or the place where the financial institution
upon which the bad check or similar sight order for the payment of money was drawn
is located.
(e) Costs.--Upon conviction under this section the sentence shall include an order
for the issuer or passer to reimburse the payee or such other party as the
circumstances may indicate for:
(1) The face amount of the check.
(2) Interest at the legal rate on the face amount of the check from the date of
dishonor by the drawee.
(3) A service charge if written notice of the service charge was conspicuously
displayed on the payee's premises when the check was issued. The service charge
shall not exceed $50 unless the payee is charged fees in excess of $50 by
financial institutions as a result of such bad check or similar sight order for
the payment of money. If the payee is charged fees in excess of $50, then the
service charge shall not exceed the actual amount of the fees.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1984, July
6, P.L. 647, No. 134, s 3, effective in 90 days; 1996, Dec. 20, P.L. 1531, No.
201, s 1, effective in 60 days; 2000, June 22, P.L. 382, No. 50, s 1, effective
in 60 days; 2007, Dec. 18, P.L. 462, No. 70, s 1, effective in 60 days [Feb. 19,
2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4106
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4106. Access device fraud
(a) Offense defined.--A person commits an offense if he:
(1) uses an access device to obtain or in an attempt to obtain property or
services with knowledge that:
(i) the access device is counterfeit, altered or incomplete;
(ii) the access device was issued to another person who has not authorized its
use;
(iii) the access device has been revoked or canceled; or
(iv) for any other reason his use of the access device is unauthorized by the
issuer or the device holder; or
(2) publishes, makes, sells, gives, or otherwise transfers to another, or offers
or advertises, or aids and abets any other person to use an access device
knowing that the access device is counterfeit, altered or incomplete, belongs to
another person who has not authorized its use, has been revoked or canceled or
for any reason is unauthorized by the issuer or the device holder; or
(3) possesses an access device knowing that it is counterfeit, altered,
incomplete or belongs to another person who has not authorized its possession.
(a.1) Presumptions.--For the purpose of this section as well as in any prosecution
for theft committed by the means specified in this section:
(1) An actor is presumed to know an access device is counterfeit, altered or
incomplete if he has in his possession or under his control two or more
counterfeit, altered or incomplete access devices.
(2) Knowledge of revocation or cancellation shall be presumed to have been
received by an access device holder seven days after it has been mailed to him
at the address set forth on the access device application or at a new address if
a change of address has been provided to the issuer.
(b) Defenses.--It is a defense to a prosecution under subsection (a)(1)(iv) if the
actor proves by a preponderance of the evidence that he had the intent and ability
to meet all obligations to the issuer arising out of his use of the access device.
Grading.--
(1) An offense under subsection (a)(1) falls within the following
classifications depending on the value of the property or service obtained or
sought to be obtained by means of the access device:
(i) if the value involved was $500 or more, the offense constitutes a felony of
the third degree; or
(ii) if the value involved was $50 or more but less than $500, the offense
constitutes a misdemeanor of the first degree; or
(iii) if the value involved was less than $50, the offense constitutes a
misdemeanor of the second degree.
(2) Amounts involved in unlawful use of an access device pursuant to a scheme or
course of conduct, whether from the same issuer or several issuers, may be
aggregated in determining the classification of the offense.
(3) An offense under subsection (a)(2) constitutes a felony of the third degree.
(4) An offense under subsection (a)(3) constitutes a misdemeanor of the third
degree.
(5) Each access device involved in the offense specified in subsection (a)(2) or
(3) shall constitute a separate offense.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Access device." Any card, including, but not limited to, a credit card, debit
card and automated teller machine card, plate, code, account number, personal
identification number or other means of account access that can be used alone or
in conjunction with another access device to obtain money, goods, services or
anything else of value or that can be used to transfer funds.
"Altered access device." A validly issued access device which after issue is
changed in any way.
"Counterfeit access device." An access device not issued by an issuer in the
ordinary course of business.
"Device holder." The person or organization named on the access device to whom or
for whose benefit the access device is issued by an issuer.
"Incomplete access device." An access device which does not contain all of the
printed, embossed, encoded, stamped or other matter which an issuer requires to
appear on a validly issued access device.
"Issuer." The business organization or financial institution which issues an
access device or its duly authorized agent.
"Publishes." The communication of information to any one or more persons, either
in person, by telephone, radio, other telecommunication or electronic device,
television or in a writing of any kind, including without limitation a letter or
memorandum, circular or handbill, newspaper or magazine article, or book.
(e) Venue.--Any offense committed under subsection (a)(1) may be deemed to have
been committed at either the place where the attempt to obtain property or
services is made, or at the place where the property or services were received or
provided, or at the place where the lawful charges for said property or services
are billed.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1974,
July 20, P.L. 539, No. 185, s 1; 1998, Dec. 21, P.L. 1103, No. 149, s 3,
effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4106.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4106.1. Unlawful device-making equipment
(a) Offense defined.--A person commits an offense if, with intent to defraud or
injure anyone or with knowledge that he may be facilitating a fraud or injury to
be perpetrated by anyone, he:
(1) produces or traffics in device-making equipment; or
(2) possesses device-making equipment.
(b) Grading.--An offense under subsection (a)(1) is a felony of the third degree.
An offense under subsection (a)(2) is a misdemeanor of the first degree.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Access device." Any card, including, but not limited to, a credit card, debit
card and automated teller machine card, plate, code, account number, personal
identification number or other means of account access that can be used alone or
in conjunction with another access device to obtain money, goods, services or
anything else of value or that can be used to initiate a transfer of funds.
"Device-making equipment." Any equipment, mechanism or impression designed or
capable of being used for making an access device.
"Produce." Includes design, alter, authenticate, duplicate or assemble.
"Traffic." Sell, give or otherwise transfer to another or obtain control of with
intent to dispose of or transfer.
CREDIT(S)
1998, Dec. 21, P.L. 1103, No. 149, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4107
Effective: February 7, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4107. Deceptive or fraudulent business practices
(a) Offense defined.--A person commits an offense if, in the course of business,
the person:
(1) uses or possesses for use a false weight or measure, or any other device for
falsely determining or recording any quality or quantity;
(2) sells, offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service;
(3) takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he furnishes the weight or measure;
(4) sells, offers or exposes for sale adulterated or mislabeled commodities. As
used in this paragraph, the term "adulterated" means varying from the standard
of composition or quality prescribed by or pursuant to any statute providing
criminal penalties for such variance or set by established commercial usage. As
used in this paragraph, the term "mislabeled" means varying from the standard of
trust or disclosure in labeling prescribed by or pursuant to any statute
providing criminal penalties for such variance or set by established commercial
usage;
(5) makes a false or misleading statement in any advertisement addressed to the
public or to a substantial segment thereof for the purpose of promoting the
purchase or sale of property or services;
(6) makes or induces others to rely on a false or misleading written statement
for the purpose of obtaining property or credit;
(7) makes or induces others to rely on a false or misleading written statement
for the purpose of promoting the sale of securities, or omits information
required by law to be disclosed in written documents relating to securities;
(8) makes or induces others to rely on a false or misleading material statement
to induce an investor to invest in a business venture. The offense is complete
when any false or misleading material statement is communicated to an investor
regardless of whether any investment is made. For purposes of grading, the
"amount involved" is the amount or value of the investment solicited or paid,
whichever is greater. As used in this paragraph, the following words and
phrases shall mean: "Amount" as used in the definition of "material statement"
includes currency values and comparative expressions of value, including, but
not limited to, percentages or multiples. "Business venture" means any venture
represented to an investor as one where he may receive compensation either from
the sale of a product, from the investment of other investors or from any other
commercial enterprise. "Compensation" means anything of value received or to be
received by an investor. " Invest" means to pay, give or lend money, property,
service or other thing of value for the opportunity to receive compensation.
The term also includes payment for the purchase of a product. " Investment"
means the money, property, service or other thing of value paid or given, or to
be paid or given, for the opportunity to receive compensation. "Investor" means
any natural person, partnership, corporation, limited liability company,
business trust, other association, government entity, estate, trust, foundation
or other entity solicited to invest in a business venture, regardless of whether
any investment is made. "Material statement" means a statement about any matter
which could affect an investor's decision to invest in a business venture,
including, but not limited to, statements about:
(i) the existence, value, availability or marketability of a product;
(ii) the number of former or current investors, the amount of their investments
or the amount of their former or current compensation;
(iii) the available pool or number of prospective investors, including those
who have not yet been solicited and those who already have been solicited but
have not yet made an investment;
(iv) representations of future compensation to be received by investors or
prospective investors; or
(v) the source of former, current or future compensation paid or to be paid to
investors or prospective investors.
"Product" means a good, a service or other tangible or intangible property of
any kind;
(9) obtains or attempts to obtain property of another by false or misleading
representations made through communications conducted in whole or in part by
telephone involving the following:
(i) express or implied claims that the person contacted has won or is about to
win a prize;
(ii) express or implied claims that the person contacted may be able to recover
any losses suffered in connection with a prize promotion; or
(iii) express or implied claims regarding the value of goods or services
offered in connection with a prize or a prize promotion.
As used in this paragraph, the term "prize" means anything of value offered or
purportedly offered. The term "prize promotion" means an oral or written
express or implied representation that a person has won, has been selected to
receive or may be eligible to receive a prize or purported prize;
(10) knowingly makes a false or misleading statement in a privacy policy,
published on the Internet or otherwise distributed or published, regarding the
use of personal information submitted by members of the public; or
(11) does either of the following when the person is in a client relationship
with a certified public accountant, public accountant or public accounting firm:
(i) provides false or misleading information to the certified public
accountant, public accountant or public accounting firm in connection with
performance of an attestation function for the client which results in an
attestation by the certified public accountant, public accountant or public
accounting firm of a materially misleading financial statement, audit, review
or other document; or
(ii) fails to provide information to the certified public accountant, public
accountant or public accounting firm which the person knows is material to the
performance of an attestation function and which results in an attestation by
the certified public accountant, public accountant or public accounting firm of
a materially misleading financial statement, audit, review or other document.
(a.1) Grading of offenses.--
(1) A violation of this section, except for subsection (a)(10), constitutes:
(i) a felony of the third degree if the amount involved exceeds $2,000;
(ii) a misdemeanor of the first degree if the amount involved is $200 or more
but $2,000 or less;
(iii) a misdemeanor of the second degree if the amount involved is less than
$200; or
(iv) when the amount involved cannot be satisfactorily ascertained, the offense
constitutes a misdemeanor of the second degree.
(2) Amounts involved in deceptive or fraudulent business practices pursuant to
one scheme or course of conduct, whether from the same person or several
persons, may be aggregated in determining the grade of the offense.
(3) Where a person commits an offense under subsection (a) and the victim of the
offense is 60 years of age or older, the grading of the offense shall be one
grade higher than specified in paragraph (1).
(4) An offense under subsection (a)(10) shall be a summary offense and shall be
punishable by a fine not less than $50 and not to exceed $500.
(a.2) Jurisdiction.--
(1) The district attorneys of the several counties shall have the authority to
investigate and to institute criminal proceedings for any violation of this
section.
(2) In addition to the authority conferred upon the Attorney General by the act
of October 15, 1980 (P.L. 950, No. 164), [FN1] known as the Commonwealth
Attorneys Act, the Attorney General shall have the authority to investigate and
to institute criminal proceedings for any violation of this section or any
series of such violations involving more than one county of this Commonwealth or
involving any county of this Commonwealth and another state. No person charged
with a violation of this section by the Attorney General shall have standing to
challenge the authority of the Attorney General to investigate or prosecute the
case, and, if any such challenge is made, the challenge shall be dismissed and
no relief shall be available in the courts of this Commonwealth to the person
making the challenge.
(b) Defenses.--It is a defense to prosecution under this section if the defendant
proves by a preponderance of the evidence that his conduct was not knowingly or
recklessly deceptive.
Exceptions.--Subsection (a)(10) shall not apply to the activities of:
(1) A financial institution as defined by section 509(3) of the
Gramm-Leach-Bliley Act (Public Law 106-102, 15 U.S.C. s 6809(3)) or regulations
adopted by agencies as designated by section 504(a) of the Gramm-Leach-Bliley
Act (15 U.S.C. s 6804(a)) and subject to Title V of the Gramm-Leach-Bliley Act
(15 U.S.C. s 6801 et seq.).
(2) A covered entity as defined by regulations promulgated at 45 CFR Pts. 160
(relating to general administration requirements) and 164 (relating to security
and privacy) pursuant to Subtitle F of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 42 U.S.C. s 1320d et seq.).
(3) A licensee or person subject to 31 Pa. Code Ch. 146a (relating to privacy of
consumer financial information) or 146b (relating to privacy of consumer health
information).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1996, Dec.
4, P.L. 902, No. 145, s 1, effective in 60 days; 2004, April 5, P.L. 211, No. 26,
s 1, effective June 4, 2004; 2004, Nov. 30, P.L. 1592, No. 202, s 1, effective
Jan. 31, 2005; 2004, Dec. 8, P.L. 1781, No. 234, s 1, effective Feb. 7, 2005.
[FN1] 71 P.S. s 732-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4107.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4107.1. Deception relating to kosher food products
(a) Offense defined.--A person commits a misdemeanor of the third degree if in the
course of business, he knowingly sells or exposes for sale any food product
represented as kosher or kosher style when such food product is not kosher, said
representation having been made orally, in writing or by display on the premises
of such sign, mark, insignia or simulation reasonably calculated to induce an
individual to believe that said food product is kosher.
(b) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Food product." Any article whether in raw or prepared form which is utilized in
human consumption.
"Kosher" or "kosher style." A food product having been prepared, processed,
manufactured, maintained and vended in accordance with the requisites of
traditional Jewish Law.
CREDIT(S)
1978, Oct. 4, P.L. 908, No. 172, s 1, effective in 15 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4107.2
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4107.2. Deception relating to certification of minority business
enterprise or women's business enterprise
(a) Offense defined.--A person commits a felony of the third degree if, in the
course of business, he:
(1) Fraudulently obtains or retains certification as a minority business
enterprise or a women's business enterprise.
(2) Willfully makes a false statement, whether by affidavit, report or other
representation, to an official or employee of a public body for the purpose of
influencing the certification or denial of certification of any business entity
as a minority business enterprise or a women's business enterprise.
(3) Willfully obstructs or impedes any agency official or employee who is
investigating the qualifications of a business entity which has requested
certification as a minority business enterprise or a women's business
enterprise.
(4) Fraudulently obtains public moneys reserved for or allocated or available to
minority business enterprises or women's business enterprises.
(b) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Certification." A determination made by a public body that a business entity is
a minority business enterprise or a women's business enterprise for whatever
purpose.
"Control." The exclusive or ultimate and sole control of the business including,
but not limited to, capital investment and all other financial, property,
acquisition, contract negotiation, legal matters, officer-director-employee
selection and comprehensive hiring, operating responsibility, cost-control
matters, income and dividend matters, financial transactions and rights of other
shareholders or joint partners. Control shall be real, substantial and continuing
not pro forma. Control shall include the power to direct or cause the direction
of the management and policies of the business and to make the day-to-day as well
as major decisions in matters of policy, management and operations. Control shall
be exemplified by possessing the requisite knowledge and expertise to run the
particular business and control shall not include simple majority or absentee
ownership. Further, control by a socially and economically disadvantaged
individual or woman shall not be deemed to exist in any case where any nonminority
owner or employee of the business is disproportionately responsible for the
operation of the firm.
"Minority business enterprise." A small business concern which is:
(1) A sole proprietorship, owned and controlled by a socially and economically
disadvantaged individual.
(2) A partnership or joint venture controlled by socially and economically
disadvantaged individuals in which 51% of the beneficial ownership interest is
held by socially and economically disadvantaged individuals.
(3) A corporation or other entity controlled by socially and economically
disadvantaged individuals in which at least 51% of the voting interest and 51%
of the beneficial ownership interest are held by socially and economically
disadvantaged individuals.
"Public body." A department, bureau, agency, commission or other instrumentality
of the Commonwealth, political subdivision, municipal authority or any wholly or
partially owned government corporation which enters into contracts.
"Socially and economically disadvantaged individuals." Persons who are citizens
of the United States and who are Black Americans, Hispanic Americans, Native
Americans, Asian-Pacific Americans, women and other minorities or persons found to
be disadvantaged by the Small Business Administration pursuant to the Small
Business Act (15 U.S.C. s 631 et seq.).
"Women's business enterprise." A small business concern which is at least 51%
owned and controlled by women, or, in the case of any publicly owned business, at
least 51% of the stock of which is owned by one or more women and whose management
and daily business operations are controlled by one or more of the women who own
it.
CREDIT(S)
1984, Dec. 21, P.L. 1210, No. 230, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4108
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4108. Commercial bribery and breach of duty to act disinterestedly
(a) Corrupt employee, agent or fiduciary.--An employee, agent or fiduciary commits
a misdemeanor of the second degree when, without the consent of his employer or
principal, he solicits, accepts, or agrees to accept any benefit from another
person upon agreement or understanding that such benefit will influence his
conduct in relation to the affairs of his employer or principal.
(b) Corrupt disinterested person.--A person who holds himself out to the public as
being engaged in the business of making disinterested selection, appraisal, or
criticism of commodities or services commits a misdemeanor of the second degree if
he solicits, accepts or agrees to accept any benefit to influence his selection,
appraisal or criticism.
Solicitation.--A person commits a misdemeanor of the second degree if he
confers, or offers or agrees to confer, any benefit the acceptance of which would
be criminal under subsections (a) or (b) of this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4109
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4109. Rigging publicly exhibited contest
(a) Offense defined.--A person commits a misdemeanor of the first degree if, with
intent to prevent a publicly exhibited contest from being conducted in accordance
with the rules and usages purporting to govern it, he:
(1) confers or offers or agrees to confer any benefit upon, or threatens any
injury to a participant, official or other person associated with the contest or
exhibition; or
(2) tampers with any person, animal or thing.
(b) Soliciting or accepting benefit for rigging.--A person commits a misdemeanor
of the first degree if he knowingly solicits, accepts or agrees to accept any
benefit the giving of which would be criminal under subsection (a) of this
section.
Participation in rigged contest.--A person commits a misdemeanor of the first
degree if he knowingly engages in, sponsors, produces, judges, or otherwise
participates in a publicly exhibited contest knowing that the contest is not being
conducted in compliance with the rules and usages purporting to govern it, by
reason of conduct which would be criminal under this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4110
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4110. Defrauding secured creditors
A person commits a misdemeanor of the second degree if he destroys, removes,
conceals, encumbers, transfers or otherwise deals with property subject to a
security interest or after levy has been made thereon with intent to hinder
enforcement of such interest.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4111
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4111. Fraud in insolvency
A person commits a misdemeanor of the second degree if, knowing that proceedings
have been or are about to be instituted for the appointment of a receiver or other
person entitled to administer property for the benefit of creditors, or that any
other composition or liquidation for the benefit of creditors has been or is about
to be made, he:
(1) destroys, removes, conceals, encumbers, transfers, or otherwise deals with
any property with intent to defeat or obstruct the claim of any creditor, or
otherwise to obstruct the operation of any law relating to administration of
property for the benefit of creditors;
(2) knowingly falsifies any writing or record relating to the property; or
(3) knowingly misrepresents or refuses to disclose to a receiver or other person
entitled to administer property for the benefit of creditors, the existence,
amount or location of the property, or any other information which the actor
could be legally required to furnish in relation to such administration.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4112
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4112. Receiving deposits in a failing financial institution
An officer, manager or other person directing or participating in the direction of
a financial institution commits a misdemeanor of the second degree if he receives
or permits the receipt of a deposit, premium payment or other investment in the
institution knowing that:
(1) due to financial difficulties the institution is about to suspend operations
or go into receivership or reorganization; and
(2) the person making the deposit or other payment is unaware of the precarious
situation of the institution.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4113
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4113. Misapplication of entrusted property and property of
government or financial institutions
(a) Offense defined.--A person commits an offense if he applies or disposes of
property that has been entrusted to him as a fiduciary, or property of the
government or of a financial institution, in a manner which he knows is unlawful
and involves substantial risk of loss or detriment to the owner of the property or
to a person for whose benefit the property was entrusted.
(b) Grading.--The offense is a misdemeanor of the second degree if the amount
involved exceeds $50; otherwise it is a misdemeanor of the third degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4114
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4114. Securing execution of documents by deception
A person commits a misdemeanor of the second degree if by deception he causes
another to execute any instrument affecting or purporting to affect or likely to
affect the pecuniary interest of any person.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4115
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4115. Falsely impersonating persons privately employed
A person commits a misdemeanor of the second degree if, without due authority, he
pretends or holds himself out to any one as an employee of any person for the
purpose of gaining access to any premises.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4116
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4116. Copying; recording devices
(a) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Manufacturer." The person or entity which authorized or caused the recording or
transfer of sounds, images or a combination of sounds and images to the recorded
device in issue. The term shall not include the manufacturer of the cartridge or
casing itself.
"Owner." The person who owns the master phonograph record, master disc, master
tape, master film or other device used for reproducing recorded sounds on
phonograph records, discs, tapes, films or other articles on which sound is
recorded and from which the transferred sounds are directly or indirectly derived.
"Recorded device." Any phonograph record, disc, tape, film, videotape, video
cassette or other tangible article, now known or later developed, upon which
sounds or images or any combination of sounds and images are recorded.
(b) Unauthorized transfer of sounds on recording devices.--It shall be unlawful
for any person to:
(1) knowingly transfer or cause to be transferred, directly or indirectly by any
means, any sounds recorded on a phonograph record, disc, wire, tape, film or
other article on which sounds are recorded, with the intent to sell or cause to
be sold, or to be used for profit through public performance, such article on
which sounds are so transferred, without consent of the owner; or
(2) manufacture, distribute or wholesale any article with the knowledge that the
sounds are so transferred, without consent of the owner.
Exceptions.--
(1) Subsection (b) shall not apply to any person engaged in radio or television
broadcasting who transfers, or causes to be transferred, any such sounds other
than from the sound track of a motion picture intended for, or in connection
with broadcast or telecast transmission or related uses, or for archival
purposes.
(2) Subsection (b) shall not apply to motion pictures or to sound recordings
fixed on or after February 15, 1972.
(d) Manufacture, sale or rental of illegal recording or recorded devices.-- It
shall be unlawful for any person to knowingly manufacture, transport, sell,
resell, rent, advertise or offer for sale, resale or rental or cause the
manufacture, sale, resale or rental or possess for such purpose or purposes any
recorded device in violation of this section.
(d.1) Manufacture, sale or rental of a recording of a live performance without
consent of the owner.--
(1) It shall be unlawful for any person to knowingly manufacture, transport,
sell, resell, rent, advertise or offer for sale, resale or rental or cause the
manufacture, sale, resale or rental or possess for such purpose or purposes any
recording of a live performance with the knowledge that the live performance has
been recorded without the consent of the owner.
(2) In the absence of a written agreement or law to the contrary, the performer
or performers of a live performance are presumed to own the rights to record
those sounds.
(3) For purposes of this section, a person who is authorized to maintain custody
and control over business records that reflect whether or not the owner of the
live performance consented to having the live performance recorded is a
competent witness in a proceeding regarding the issue of consent.
(e) Name of manufacturer on recorded device packaging.--Every recorded device
manufactured, transported, rented, sold, offered for sale or rental, or
transferred or possessed for such purpose or purposes by any person shall contain
on its packaging or label the true name of the manufacturer.
(f) Confiscation of non-conforming recorded devices.--It shall be the duty of all
law enforcement officers, upon discovery, to confiscate all recorded devices that
do not conform to the provisions of subsection (e). The non-conforming recorded
devices shall be delivered to the district attorney of the county in which the
confiscation was made. The officer confiscating the recorded devices shall
provide to the person from whom the recorded devices were confiscated notice that
the person may request a hearing concerning the confiscation and disposition of
the devices. Thereafter, the district attorney may seek a court order for
destruction of the recorded devices. The provisions of this section shall apply
to any non-conforming recorded device, regardless of the requirement in subsection
(d) of knowledge or intent.
(g) Grading of offenses.--
(1) Any violation of the provisions of this section involving, within any
180-day period, at least 100 devices upon which motion pictures or portions
thereof have been recorded or at least 1,000 devices containing sound recordings
or portions thereof is a felony of the third degree. A second or subsequent
conviction is a felony of the second degree if at the time of sentencing the
defendant has been convicted of another violation of this section.
(2) Any other violation of the provisions of this section not described in
paragraph (1) upon a first conviction is a misdemeanor of the first degree and
upon a second or subsequent conviction is a felony of the third degree if at the
time of sentencing the defendant has been convicted of another violation of this
section.
(h) Rights of owners and producers to damages.--
(1) Any owner of a recorded device whose work is allegedly the subject of a
violation of the provisions of subsection (b), (d) or (e) shall have a cause of
action for all damages resultant therefrom, including actual and punitive
damages.
(2) Any lawful producer of a recorded device whose product is allegedly the
subject of a violation of the provisions of subsection (b), (d) or (e) shall
have a cause of action for all damages resultant therefrom, including actual and
punitive damages.
(3) Upon conviction for any offense under this section, the offender may be
sentenced to make restitution to any owner or lawful producer of a recorded
device or any other person who suffered injury resulting from the crime.
Notwithstanding any limitation in section 1106 (relating to restitution for
injuries to person or property), the order of restitution may be based on the
aggregate wholesale value of lawfully manufactured and authorized recorded
devices corresponding to the non-conforming recorded devices involved in the
offense. All other provisions of section 1106 not inconsistent with this
provision shall apply to an order of restitution under this section.
(i) Forfeiture.--
(1) No property right shall exist in any property used or intended for use in
the commission of a violation of this section or in any proceeds traceable to a
violation of this section, and the same shall be deemed contraband and forfeited
in accordance with the provisions set forth in section 6501(d) (relating to
scattering rubbish).
(2) Property and proceeds found in close proximity to illegally recorded devices
shall be rebuttably presumed to be used or intended for use to facilitate a
violation of this section.
(3) The provisions of this subsection shall not, in any way, limit the right of
the Commonwealth to exercise any rights or remedies otherwise provided by law.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1996, Dec.
20, P.L. 1499, No. 194, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4116.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4116.1. Unlawful operation of recording device in motion picture
theater
(a) Offense.--A person commits the offense of unauthorized operation of a
recording device in a motion picture theater if the person operates a recording
device in the theater without written authority or permission from the motion
picture theater owner.
(b) Theater owner rights.--
(1) A peace officer, theater owner or an agent under contract with a theater
owner who reasonably believes that an offense under the section has occurred or
is occurring and who reasonably believes that a specific person has committed or
is committing an offense under this section may detain the suspect in a
reasonable manner for a reasonable time on or off the premises for any of the
following purposes:
(i) To require the suspect to identify himself.
(ii) To verify such identification.
(iii) To determine whether the suspect has any recordings in violation of this
section and, if so, to recover such recordings.
(iv) To inform a peace officer.
(v) To institute criminal proceedings against the suspect.
(2) If any person admitted to a theater in which a motion picture is to be or is
being exhibited refuses or fails to give or surrender possession or to cease
operation of any recording device that the person has brought into or attempts
to bring into that theater, then a theater owner shall have the right to refuse
further admission to that person or request that the person leave the premises.
Liability.--A theater owner or an employee or agent of a theater owner who
detains or causes the arrest of a person in or immediately adjacent to a motion
picture theater shall not be held civilly or criminally liable in any proceeding
arising out of such detention or arrest if:
(1) the person detaining or causing the arrest had, at the time thereof,
reasonably believed that the person detained or arrested had committed or
attempted to commit in that person's presence an offense described in this
section;
(2) the manner of the detention or arrest was reasonable;
(3) law enforcement authorities were notified within a reasonable time; and
(4) the person detained or arrested was surrendered to law enforcement
authorities within a reasonable time.
(d) Penalty.--A first violation of this section constitutes a misdemeanor of the
first degree. A second or subsequent conviction is a felony of the third degree
if at the time of sentencing the defendant has been convicted of another violation
of this section.
(e) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Motion picture theater." A premises used for the exhibition or performance of
motion pictures to the general public.
"Recording device." A photographic or video camera, audio or video recorder or
any other device now existing or later developed which may be used for recording
or transferring sounds or images.
"Theater owner." An owner or operator and the agent, employee, consignee, lessee
or officer of an owner or operator of any motion picture theater.
CREDIT(S)
1996, Dec. 20, P.L. 1499, No. 194, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4117
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4117. Insurance fraud
(a) Offense defined.--A person commits an offense if the person does any of the
following:
(1) Knowingly and with the intent to defraud a State or local government agency
files, presents or causes to be filed with or presented to the government agency
a document that contains false, incomplete or misleading information concerning
any fact or thing material to the agency's determination in approving or
disapproving a motor vehicle insurance rate filing, a motor vehicle insurance
transaction or other motor vehicle insurance action which is required or filed
in response to an agency's request.
(2) Knowingly and with the intent to defraud any insurer or self-insured,
presents or causes to be presented to any insurer or self-insured any statement
forming a part of, or in support of, a claim that contains any false, incomplete
or misleading information concerning any fact or thing material to the claim.
(3) Knowingly and with the intent to defraud any insurer or self-insured,
assists, abets, solicits or conspires with another to prepare or make any
statement that is intended to be presented to any insurer or self-insured in
connection with, or in support of, a claim that contains any false, incomplete
or misleading information concerning any fact or thing material to the claim,
including information which documents or supports an amount claimed in excess of
the actual loss sustained by the claimant.
(4) Engages in unlicensed agent, broker or unauthorized insurer activity as
defined by the act of May 17, 1921 (P.L. 789, No. 285), known as The Insurance
Department Act of one thousand nine hundred and twenty-one, [FN1] knowingly and
with the intent to defraud an insurer, a self-insured or the public.
(5) Knowingly benefits, directly or indirectly, from the proceeds derived from a
violation of this section due to the assistance, conspiracy or urging of any
person.
(6) Is the owner, administrator or employee of any health care facility and
knowingly allows the use of such facility by any person in furtherance of a
scheme or conspiracy to violate any of the provisions of this section.
(7) Borrows or uses another person's financial responsibility or other insurance
identification card or permits his financial responsibility or other insurance
identification card to be used by another, knowingly and with intent to present
a fraudulent claim to an insurer.
(8) If, for pecuniary gain for himself or another, he directly or indirectly
solicits any person to engage, employ or retain either himself or any other
person to manage, adjust or prosecute any claim or cause of action against any
person for damages for negligence or, for pecuniary gain for himself or another,
directly or indirectly solicits other persons to bring causes of action to
recover damages for personal injuries or death, provided, however, that this
paragraph shall not apply to any conduct otherwise permitted by law or by rule
of the Supreme Court.
(b) Additional offenses defined.--
(1) A lawyer may not compensate or give anything of value to a nonlawyer to
recommend or secure employment by a client or as a reward for having made a
recommendation resulting in employment by a client; except that the lawyer may
pay:
(i) the reasonable cost of advertising or written communication as permitted by
the rules of professional conduct; or
(ii) the usual charges of a not-for-profit lawyer referral service or other
legal service organization.
Upon a conviction of an offense provided for by this paragraph, the prosecutor
shall certify such conviction to the disciplinary board of the Supreme Court for
appropriate action. Such action may include a suspension or disbarment.
(2) With respect to an insurance benefit or claim covered by this section, a
health care provider may not compensate or give anything of value to a person to
recommend or secure the provider's service to or employment by a patient or as a
reward for having made a recommendation resulting in the provider's service to
or employment by a patient; except that the provider may pay the reasonable
cost of advertising or written communication as permitted by rules of
professional conduct. Upon a conviction of an offense provided for by this
paragraph, the prosecutor shall certify such conviction to the appropriate
licensing board in the Department of State which shall suspend or revoke the
health care provider's license.
(3) A lawyer or health care provider may not compensate or give anything of
value to a person for providing names, addresses, telephone numbers or other
identifying information of individuals seeking or receiving medical or
rehabilitative care for accident, sickness or disease, except to the extent a
referral and receipt of compensation is permitted under applicable professional
rules of conduct. A person may not knowingly transmit such referral information
to a lawyer or health care professional for the purpose of receiving
compensation or anything of value. Attempts to circumvent this paragraph
through use of any other person, including, but not limited to, employees,
agents or servants, shall also be prohibited.
(4) A person may not knowingly and with intent to defraud any insurance company,
self-insured or other person file an application for insurance containing any
false information or conceal for the purpose of misleading information
concerning any fact material thereto.
Electronic claims submission.--If a claim is made by means of computer billing
tapes or other electronic means, it shall be a rebuttable presumption that the
person knowingly made the claim if the person has advised the insurer in writing
that claims will be submitted by use of computer billing tapes or other electronic
means.
(d) Grading.--An offense under subsection (a)(1) through (8) is a felony of the
third degree. An offense under subsection (b) is a misdemeanor of the first
degree.
(e) Restitution.--The court may, in addition to any other sentence authorized by
law, sentence a person convicted of violating this section to make restitution.
(f) Immunity.--An insurer, and any agent, servant or employee thereof acting in
the course and scope of his employment, shall be immune from civil or criminal
liability arising from the supply or release of written or oral information to any
entity duly authorized to receive such information by Federal or State law, or by
Insurance Department regulations
(g) Civil action.--An insurer damaged as a result of a violation of this section
may sue therefor in any court of competent jurisdiction to recover compensatory
damages, which may include reasonable investigation expenses, costs of suit and
attorney fees. An insurer may recover treble damages if the court determines that
the defendant has engaged in a pattern of violating this section.
(h) Criminal action.--
(1) The district attorneys of the several counties shall have authority to
investigate and to institute criminal proceedings for any violation of this
section.
(2) In addition to the authority conferred upon the Attorney General by the act
of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys
Act, [FN2] the Attorney General shall have the authority to investigate and to
institute criminal proceedings for any violation of this section or any series
of such violations involving more than one county of the Commonwealth or
involving any county of the Commonwealth and another state. No person charged
with a violation of this section by the Attorney General shall have standing to
challenge the authority of the Attorney General to investigate or prosecute the
case, and, if any such challenge is made, the challenge shall be dismissed and
no relief shall be available in the courts of the Commonwealth to the person
making the challenge.
(i) Regulatory and investigative powers additional to those now existing.--Nothing
contained in this section shall be construed to limit the regulatory or
investigative authority of any department or agency of the Commonwealth whose
functions might relate to persons, enterprises or matters falling within the scope
of this section.
(j) Violations, penalties, etc.--
(1) If a person is found by court of competent jurisdiction, pursuant to a claim
initiated by a prosecuting authority, to have violated any provision of this
section, the person shall be subject to civil penalties of not more than $5,000
for the first violation, $10,000 for the second violation and $15,000 for each
subsequent violation. The penalty shall be paid to the prosecuting authority to
be used to defray the operating expenses of investigating and prosecuting
insurance fraud. The court may also award court costs and reasonable attorney
fees to the prosecuting authority.
(2) Nothing in this subsection shall be construed to prohibit a prosecuting
authority and the person accused of violating this section from entering into a
written agreement in which that person does not admit or deny the charges but
consents to payment of the civil penalty. A consent agreement may not be used
in a subsequent civil or criminal proceeding, but notification thereof shall be
made to the licensing authority if the person is licensed by a licensing
authority of the Commonwealth so that the licensing authority may take
appropriate administrative action. Penalties paid under this section shall be
deposited into the Insurance Fraud Prevention Trust Fund created under the act
of December 28, 1994 (P.L. 1414, No. 166), known as the Insurance Fraud
Prevention Act.
(3) The imposition of any fine or other remedy under this section shall not
preclude prosecution for a violation of the criminal laws of this Commonwealth.
(k) Insurance forms and verification of services.--
(1) All applications for insurance and all claim forms shall contain or have
attached thereto the following notice:
Any person who knowingly and with intent to defraud any insurance company or
other person files an application for insurance or statement of claim
containing any materially false information or conceals for the purpose of
misleading, information concerning any fact material thereto commits a
fraudulent insurance act, which is a crime and subjects such person to criminal
and civil penalties.
(2) Repealed. 1995, July 6, P.L. 242, No. 28, s 2, effective in 60 days.
(l) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Insurance policy." A document setting forth the terms and conditions of a
contract of insurance or agreement for the coverage of health or hospital
services.
"Insurer." A company, association or exchange defined by section 101 of the act
of May 17, 1921 (P.L. 682, No. 284), known as The Insurance Company Law of 1921;
[FN3] an unincorporated association of underwriting members; a hospital plan
corporation; a professional health services plan corporation; a health
maintenance organization; a fraternal benefit society; and a self-insured health
care entity under the act of October 15, 1975 (P.L. 390, No. 111), known as the
Health Care Services Malpractice Act. [FN4]
"Person." An individual, corporation, partnership, association, joint-stock
company, trust or unincorporated organization. The term includes any individual,
corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's
insurer, fraternal benefit society, beneficial association and any other legal
entity engaged or proposing to become engaged, either directly or indirectly, in
the business of insurance, including agents, brokers, adjusters and health care
plans as defined in 40 Pa.C.S. Chs. 61 (relating to hospital plan corporations),
63 (relating to professional health services plan corporations), 65 (relating to
fraternal benefit societies) and 67 (relating to beneficial societies) and the act
of December 29, 1972 (P.L. 1701, No. 364), known as the Health Maintenance
Organization Act. [FN5] For purposes of this section, health care plans,
fraternal benefit societies and beneficial societies shall be deemed to be engaged
in the business of insurance.
"Self-insured." Any person who is self-insured for any risk by reason of any
filing, qualification process, approval or exception granted, certified or ordered
by any department or agency of the Commonwealth.
"Statement." Any oral or written presentation or other evidence of loss, injury
or expense, including, but not limited to, any notice, statement, proof of loss,
bill of lading, receipt for payment, invoice, account, estimate of property
damages, bill for services, diagnosis, prescription, hospital or doctor records,
X-ray, test result or computer-generated documents.
CREDIT(S)
1990, Feb. 7, P.L. 11, No. 6, s 2, effective in 60 days. Amended 1990, Dec. 19,
P.L. 1451, No. 219, s 1, imd. effective; 1994, Dec. 28, P.L. 1408, No. 165, s 1,
effective in 60 days. Affected 1995, July 6, P.L. 242, No. 28, s 2, effective in
60 days.
[FN1] 40 P.S. s 1 et seq.
[FN2] 71 P.S. s 732-101 et seq.
[FN3] 40 P.S. s 361.
[FN4] 40 P.S. s 1301.101 et seq.
[FN5] 40 P.S. s 1551 et seq.
VALIDITY
18 Pa.C.S.A. s 4117(b)(1) was held to be unconstitutional by the Pennsylvania
Supreme Court in Com. v. Stern, 549 Pa. 505, 701 A.2d 568 (Pa. 1997).
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4118
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4118. Washing vehicle titles
A person commits a felony of the third degree if, with intent to deceive anyone or
with knowledge that the person is facilitating a deception to be perpetrated by
anyone concerning the true mileage of a motor vehicle, the person makes or causes
to be made an application for a certificate of title for a motor vehicle which
includes materially false or fictitious information.
CREDIT(S)
1996, March 21, P.L. 35, No. 11, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4119
Effective: December 20, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4119. Trademark counterfeiting
(a) Offense defined.--Any person who knowingly and with intent to sell or to
otherwise transfer for purposes of commercial advantage or private financial gain:
(1) manufactures;
(2) sells;
(3) offers for sale;
(4) displays;
(5) advertises;
(6) distributes; or
(7) transports
any items or services bearing or identified by a counterfeit mark shall be guilty
of the crime of trademark counterfeiting.
(b) (Reserved).
Penalties.--
(1) Except as provided in paragraphs (2) and (3), a violation of this section
constitutes a misdemeanor of the first degree.
(2) A violation of this section constitutes a felony of the third degree if:
(i) the defendant has previously been convicted under this section; or
(ii) the violation involves more than 100 but less than 1,000 items bearing a
counterfeit mark or the total retail value of all items or services bearing or
identified by a counterfeit mark is more than $2,000, but less than $10,000.
(3) A violation of this section constitutes a felony of the second degree if:
(i) the defendant has been previously convicted of two or more offenses under
this section;
(ii) the violation involves the manufacture or production of items bearing
counterfeit marks; or
(iii) the violation involves 1,000 or more items bearing a counterfeit mark or
the total retail value of all items or services bearing or identified by a
counterfeit mark is more than $10,000.
(d) Quantity or retail value.--The quantity or retail value of items or services
shall include the aggregate quantity or retail value of all items or services the
defendant manufactures, sells, offers for sale, displays, advertises, distributes
or transports.
(e) Fine.--Any person convicted under this section shall be fined in accordance
with existing law or an amount up to three times the retail value of the items or
services bearing or identified by a counterfeit mark, whichever is greater.
(f) Seizure, forfeiture and disposition.--
(1) Any items bearing a counterfeit mark, any property constituting or derived
from any proceeds obtained, directly or indirectly, as the result of an offense
under this section and all personal property, including, but not limited to, any
items, objects, tools, machines, equipment, instrumentalities or vehicles of any
kind, used in connection with a violation of this section shall be seized by a
law enforcement officer.
(2)(i) All seized personal property referenced in paragraph (1) shall be
forfeited in accordance with the procedures set forth in section 6501(d)
(relating to scattering rubbish).
(ii) Upon the conclusion of all criminal and civil forfeiture proceedings, the
court shall order that forfeited items bearing or consisting of a counterfeit
mark be destroyed or alternatively disposed of in another manner with the
written consent of the trademark owners and the prosecuting attorney
responsible for the charges.
(3)(i) If a person is convicted of an offense under this section, the court
shall order the person to pay restitution to the trademark owner and to any
other victim of the offense.
(ii) In determining the value of the property loss involving an offense against
the trademark owner, a court shall grant restitution for all amounts, including
expenses incurred by the trademark owner in the investigation and prosecution
of the offense as well as the disgorgement of any profits realized by a person
convicted of the offense.
(g) Evidence.--Any Federal or State certificate of registration shall be prima
facie evidence of the facts stated therein.
(h) Remedies cumulative.--The remedies provided for in this section shall be
cumulative to the other civil and criminal remedies provided by law.
(i) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Counterfeit mark." A spurious mark that meets all of the following:
(1) Is applied to, used or intended to be used in connection with an item or
service.
(2) Is identical with or substantially indistinguishable from a mark registered
and in use in this Commonwealth, any other state or on the principal register in
the United States Patent and Trademark Office, whether or not the person knew
the mark was registered.
(3) The application of which is either:
(i) likely to cause confusion, to cause mistake or to deceive; or
(ii) otherwise intended to be used on or in connection with the item or service
for which the mark is registered.
"Item." Any of the following:
(1) Goods.
(2) Labels.
(3) Patches.
(4) Fabric.
(5) Stickers.
(6) Wrappers.
(7) Badges.
(8) Emblems.
(9) Medallions.
(10) Charms.
(11) Boxes.
(12) Containers.
(13) Cans.
(14) Cases.
(15) Hangtags.
(16) Documentation.
(17) Packaging.
(18) Any other components of a type or nature that are designed, marketed or
otherwise intended to be used on or in connection with any goods or services.
"Retail value." One of the following:
(1) The counterfeiter's regular selling price for the item or service bearing or
identified by a counterfeit mark, except that it shall be the retail price of
the authentic counterpart if the item or service bearing or identified by a
counterfeit mark would appear to a reasonably prudent person to be authentic.
If no authentic reasonably similar counterpart exists, the retail value shall be
the counterfeiter's regular selling price.
(2) If the items bearing a counterfeit mark are components of a finished
product, the retail value shall be treated as if each component were a finished
good and valued under paragraph (1).
CREDIT(S)
1996, Oct. 16, P.L. 715, No. 128, s 1, effective in 60 days. Amended 2010, Oct.
19, P.L. 517, No. 74, s 1, effective in 60 days [Dec. 20, 2010].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4120
Effective: August 19, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article C. Offenses Against Property
+ Chapter 41. Forgery and Fraudulent Practices
>>>> s 4120. Identity theft
(a) Offense defined.--A person commits the offense of identity theft of another
person if he possesses or uses, through any means, identifying information of
another person without the consent of that other person to further any unlawful
purpose.
(b) Separate offenses.--Each time a person possesses or uses identifying
information in violation of subsection (a) constitutes a separate offense under
this section. However, the total values involved in offenses under this section
committed pursuant to one scheme or course of conduct, whether from the same
victim or several victims, may be aggregated in determining the grade of the
offense.
Grading.--The offenses shall be graded as follows:
(1) Except as otherwise provided in paragraph (2), an offense under subsection
(a) falls within the following classifications depending on the value of any
property or services obtained by means of the identifying information:
(i) if the total value involved is less than $2,000, the offense is a
misdemeanor of the first degree;
(ii) if the total value involved was $2,000 or more, the offense is a felony of
the third degree;
(iii) regardless of the total value involved, if the offense is committed in
furtherance of a criminal conspiracy as defined in section 903 (relating to
criminal conspiracy), the offense is a felony of the third degree; or
(iv) regardless of the total value involved, if the offense is a third or
subsequent offense under this section, the offense is a felony of the second
degree.
(2) When a person commits an offense under subsection (a) and the victim of the
offense is 60 years of age or older or a care-dependent person as defined in
section 2713 (relating to neglect of care-dependent person), the grading of the
offense shall be one grade higher than specified in paragraph (1).
(d) Concurrent jurisdiction to prosecute.--In addition to the authority conferred
upon the Attorney General by the act of October 15, 1980 (P.L. 950, No. 164),
known as the Commonwealth Attorneys Act, [FN1] the Attorney General shall have
the authority to investigate and to institute criminal proceedings for any
violation of this section or any series of such violations involving more than one
county of this Commonwealth or another state. No person charged with a violation
of this section by the Attorney General shall have standing to challenge the
authority of the Attorney General to investigate or prosecute the case, and if any
such challenge is made, the challenge shall be dismissed and no relief shall be
made available in the courts of this Commonwealth to the person making the
challenge.
(e) Use of police reports.--A report to a law enforcement agency by a person
stating that the person's identifying information has been lost or stolen or that
the person's identifying information has been used without the person's consent
shall be prima facie evidence that the identifying information was possessed or
used without the person's consent.
(e.1) Venue.--Any offense committed under subsection (a) may be deemed to have
been committed at any of the following:
(1) The place where a person possessed or used the identifying information of
another without the other's consent to further any unlawful purpose.
(2) The residence of the person whose identifying information has been lost or
stolen or has been used without the person's consent.
(3) The business or employment address of the person whose identifying
information has been lost or stolen or has been used without the person's
consent, if the identifying information at issue is associated with the person's
business or employment.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Document." Any writing, including, but not limited to, birth certificate, Social
Security card, driver's license, nondriver government-issued identification card,
baptismal certificate, access device card, employee identification card, school
identification card or other identifying information recorded by any other method,
including, but not limited to, information stored on any computer, computer disc,
computer printout, computer system, or part thereof, or by any other mechanical or
electronic means.
"Identifying information." Any document, photographic, pictorial or computer
image of another person, or any fact used to establish identity, including, but
not limited to, a name, birth date, Social Security number, driver's license
number, nondriver governmental identification number, telephone number, checking
account number, savings account number, student identification number, employee or
payroll number or electronic signature.
CREDIT(S)
2000, May 22, P.L. 102, No. 21, s 1, effective in 60 days. Amended 2002, June 19,
P.L. 430, No. 62, s 1, effective in 60 days.
[FN1] 71 P.S. s732-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4301
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter A. Definition of Offenses Generally
>>>> s 4301. Bigamy
(a) Bigamy.--A married person is guilty of bigamy, a misdemeanor of the second
degree, if he contracts or purports to contract another marriage, unless at the
time of the subsequent marriage:
(1) the actor believes that the prior spouse is dead;
(2) the actor and the prior spouse have been living apart for two consecutive
years throughout which the prior spouse was not known by the actor to be alive;
or
(3) a court has entered a judgment purporting to terminate or annul any prior
disqualifying marriage, and the actor does not know that judgment to be invalid.
(b) Other party to bigamous marriage.--A person is guilty of bigamy if he
contracts or purports to contract marriage with another knowing that the other is
thereby committing bigamy.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4302
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter A. Definition of Offenses Generally
>>>> s 4302. Incest
(a) General rule.--Except as provided under subsection (b), a person is guilty of
incest, a felony of the second degree, if that person knowingly marries or
cohabits or has sexual intercourse with an ancestor or descendant, a brother or
sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole
blood.
(b) Incest of a minor.--A person is guilty of incest of a minor, a felony of the
second degree, if that person knowingly marries, cohabits with or has sexual
intercourse with a complainant who is an ancestor or descendant, a brother or
sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole
blood and:
(1) is under the age of 13 years; or
(2) is 13 to 18 years of age and the person is four or more years older than the
complainant.
Relationships.--The relationships referred to in this section include blood
relationships without regard to legitimacy, and relationship of parent and child
by adoption.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1989, Nov.
17, P.L. 592, No. 64, s 5, effective in 60 days; 1995, March 31, P.L. 985, No. 10
(Spec. Sess. No. 1), s 11, effective in 60 days; 2011, Dec. 20, P.L. 446, No.
111, s 1, effective in 60 days [Feb. 21, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4303
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter A. Definition of Offenses Generally
>>>> s 4303. Concealing death of child
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if
he or she endeavors privately, either alone or by the procurement of others, to
conceal the death of his or her child , so that it may not come to light, whether
it was born dead or alive or whether it was murdered or not.
(b) Procedure.--If the same indictment or information charges any person with the
murder of his or her child, as well as with the offense of the concealment of the
death, the jury may acquit or convict him or her of both offenses, or find him or
her guilty of one and acquit him or her of the other.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1978, Oct.
4, P.L. 909, No. 173, s 2, effective in 60 days; 1995, March 31, P.L. 985, No. 10
(Spec. Sess. No. 1), s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4304
Effective: January 29, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter A. Definition of Offenses Generally
>>>> s 4304. Endangering welfare of children
(a) Offense defined.--
(1) A parent, guardian or other person supervising the welfare of a child under
18 years of age, or a person that employs or supervises such a person, commits
an offense if he knowingly endangers the welfare of the child by violating a
duty of care, protection or support.
(2) A person commits an offense if the person, in an official capacity, prevents
or interferes with the making of a report of suspected child abuse under 23
Pa.C.S. Ch. 63 (relating to child protective services).
(3) As used in this subsection, the term "person supervising the welfare of a
child" means a person other than a parent or guardian that provides care,
education, training or control of a child.
(b) Grading.--An offense under this section constitutes a misdemeanor of the first
degree. However, where there is a course of conduct of endangering the welfare of
a child, the offense constitutes a felony of the third degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988, Dec.
19, P.L. 1275, No. 158, s 1, effective in 60 days; 1995, July 6, P.L. 251, No.
31, s 1, effective in 60 days; 2006, Nov. 29, P.L. 1581, No. 179, s 1, effective
in 60 days [Jan. 29, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4305
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter A. Definition of Offenses Generally
>>>> s 4305. Dealing in infant children
A person is guilty of a misdemeanor of the first degree if he deals in humanity,
by trading, bartering, buying, selling, or dealing in infant children.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, eff. June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4306
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter A. Definition of Offenses Generally
>>>> s 4306. Newborn protection
(a) General rule.--A parent of a newborn shall not be criminally liable for any
violation of this title solely for leaving a newborn in the care of a hospital
pursuant to 23 Pa.C.S. Ch. 65 [FN1] (relating to newborn protection) providing
that the following criteria are met:
(1) The parent expresses, either orally or through conduct, the intent to have
the hospital accept the newborn pursuant to 23 Pa.C.S. Ch. 65.
(2) The newborn is not a victim of child abuse or criminal conduct.
(b) Definition.--As used in this section, the term "newborn" shall have the
meaning given to it in 23 Pa.C.S. s 6502 (relating to definitions) and "child
abuse" shall be as defined in 23 Pa.C.S. s 6303 (relating to definitions).
CREDIT(S)
2002, Dec. 9, P.L. 1549, No. 201, s 1, effective in 60 days.
[FN1] 23 Pa.C.S.A. s 6501 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4321
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter B. Nonsupport [Repealed]
>>>> ss 4321 to 4324. Repealed. 1985, Oct. 30, P.L. 264, No. 66, s 3,
effective in 90 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4322
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter B. Nonsupport [Repealed]
>>>> ss 4321 to 4324. Repealed. 1985, Oct. 30, P.L. 264, No. 66, s 3,
effective in 90 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4323
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter B. Nonsupport [Repealed]
>>>> ss 4321 to 4324. Repealed. 1985, Oct. 30, P.L. 264, No. 66, s 3,
effective in 90 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4324
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article D. Offenses Against the Family
+ Chapter 43. Offenses Against the Family
+ Subchapter B. Nonsupport [Repealed]
>>>> ss 4321 to 4324. Repealed. 1985, Oct. 30, P.L. 264, No. 66, s 3,
effective in 90 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4501
Effective: May 21, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 45. General Provisions
>>>> s 4501. Definitions
Subject to additional definitions contained in subsequent provisions of this
article which are applicable to specific chapters or other provisions of this
article, the following words and phrases, when used in this article shall have,
unless the context clearly indicates otherwise, the meanings given to them in this
section:
"Administrative proceeding." Any proceeding other than a judicial proceeding, the
outcome of which is required to be based on a record or documentation prescribed
by law, or in which law or regulation is particularized in application to
individuals.
"Benefit." Gain or advantage, or anything regarded by the beneficiary as gain or
advantage, including benefit to any other person or entity in whose welfare he is
interested, but not an advantage promised generally to a group or class of voters
as a consequence of public measures which a candidate engages to support or
oppose.
"Government." Includes any branch, subdivision or agency of:
(1) the Commonwealth government;
(2) any political subdivision; or
(3) any municipal or local authority.
"Harm." Loss, disadvantage or injury, or anything so regarded by the person
affected, including loss, disadvantage or injury to any other person or entity in
whose welfare he is interested.
"Licensing board." Any of the following:
(1) A board or commission:
(i) which is empowered to license, certify or register individuals as members
of an occupation or profession; and
(ii) of which the Commissioner of Professional and Occupational Affairs is a
member.
(2) The State Board of Certified Real Estate Appraisers.
(3) The Navigation Commission for the Delaware River and its navigable
tributaries.
"Official proceeding." A proceeding heard or which may be heard before any
legislative, judicial, administrative or other government agency or official
authorized to take evidence under oath, including any referee, hearing examiner,
commissioner, notary or other person taking testimony or deposition in connection
with any such proceeding.
"Party official." A person who holds an elective or appointive post in a
political party in the United States by virtue of which he directs or conducts, or
participates in directing or conducting party affairs at any level of
responsibility.
"Pecuniary benefit." Benefit in the form of money, property, commercial interests
or anything else the primary significance of which is economic gain.
"Professional or occupational license." An authorization by a licensing board to
practice a profession or occupation.
(1) The term includes:
(i) an authorization that is suspended, retired, inactive or expired; and
(ii) a temporary practice permit, license, certification or registration.
(2) The term does not include an authorization that has been revoked or
voluntarily surrendered.
"Public servant." Any officer or employee of government, including members of the
General Assembly and judges, and any person participating as juror, advisor,
consultant or otherwise, in performing a governmental function; but the term does
not include witnesses.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2010,
March 22, P.L. 144, No. 12, s 1, effective in 60 days [May 21, 2010].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4701
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 47. Bribery and Corrupt Influence
>>>> s 4701. Bribery in official and political matters
(a) Offenses defined.--A person is guilty of bribery, a felony of the third
degree, if he offers, confers or agrees to confer upon another, or solicits,
accepts or agrees to accept from another:
(1) any pecuniary benefit as consideration for the decision, opinion,
recommendation, vote or other exercise of discretion as a public servant, party
official or voter by the recipient;
(2) any benefit as consideration for the decision, vote, recommendation or other
exercise of official discretion by the recipient in a judicial, administrative
or legislative proceeding; or
(3) any benefit as consideration for a violation of a known legal duty as public
servant or party official.
(b) Defenses prohibited.--It is no defense to prosecution under this section that
a person whom the actor sought to influence was not qualified to act in the
desired way whether because he had not yet assumed office, had left office, or
lacked jurisdiction, or for any other reason.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4702
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 47. Bribery and Corrupt Influence
>>>> s 4702. Threats and other improper influence in official and political
matters
(a) Offenses defined.--A person commits an offense if he:
(1) threatens unlawful harm to any person with intent to influence his decision,
opinion, recommendation, vote or other exercise of discretion as a public
servant, party official or voter;
(2) threatens unlawful harm to any public servant with intent to influence his
decision, opinion, recommendation, vote or other exercise of discretion in a
judicial or administrative proceeding; or
(3) threatens unlawful harm to any public servant or party official with intent
to influence him to violate his known legal duty.
(b) Defense prohibited.--It is no defense to prosecution under this section that a
person whom the actor sought to influence was not qualified to act in the desired
way, whether because he had not yet assumed office, or lacked jurisdiction, or for
any other reason.
Grading.--An offense under this section is a misdemeanor of the second degree
unless the actor threatened to commit a crime or made a threat with intent to
influence a judicial or administrative proceeding, in which cases the offense is a
felony of the third degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4703
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 47. Bribery and Corrupt Influence
>>>> s 4703. Retaliation for past official action
A person commits a misdemeanor of the second degree if he harms another by any
unlawful act in retaliation for anything lawfully done by the latter in the
capacity of public servant.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. E, Ch. 49,
Subch. A, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4901
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4901. Definition
As used in this chapter, unless a different meaning plainly is required
"statement" means any representation, but includes a representation of opinion,
belief or other state of mind only if the representation clearly relates to state
of mind apart from or in addition to any facts which are the subject of the
representation.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4902
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4902. Perjury
(a) Offense defined.--A person is guilty of perjury, a felony of the third degree,
if in any official proceeding he makes a false statement under oath or equivalent
affirmation, or swears or affirms the truth of a statement previously made, when
the statement is material and he does not believe it to be true.
(b) Materiality.--Falsification is material, regardless of the admissibility of
the statement under rules of evidence, if it could have affected the course or
outcome of the proceeding. It is no defense that the declarant mistakenly
believed the falsification to be immaterial. Whether a falsification is material
in a given factual situation is a question of law.
Irregularities no defense.--It is not a defense to prosecution under this
section that the oath or affirmation was administered or taken in an irregular
manner or that the declarant was not competent to make the statement. A document
purporting to be made upon oath or affirmation at any time when the actor presents
it as being so verified shall be deemed to have been duly sworn or affirmed.
(d) Retraction.--No person shall be guilty of an offense under this section if he
retracted the falsification in the course of the proceeding in which it was made
before it became manifest that the falsification was or would be exposed and
before the falsification substantially affected the proceeding.
(e) Inconsistent statements.--Where the defendant made inconsistent statements
under oath or equivalent affirmation, both having been made within the period of
the statute of limitations, the prosecution may proceed by setting forth the
inconsistent statements in a single count alleging in the alternative that one or
the other was false and not believed by the defendant. In such case it shall not
be necessary for the prosecution to prove which statement was false but only that
one or the other was false and not believed by the defendant to be true.
(f) Corroboration.--In any prosecution under this section, except under subsection
(e) of this section, falsity of a statement may not be established by the
uncorroborated testimony of a single witness.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4903
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4903. False swearing
(a) False swearing in official matters.--A person who makes a false statement
under oath or equivalent affirmation, or swears or affirms the truth of such a
statement previously made, when he does not believe the statement to be true is
guilty of a misdemeanor of the second degree if:
(1) the falsification occurs in an official proceeding; or
(2) the falsification is intended to mislead a public servant in performing his
official function.
(b) Other false swearing.--A person who makes a false statement under oath or
equivalent affirmation, or swears or affirms the truth of such a statement
previously made, when he does not believe the statement to be true, is guilty of a
misdemeanor of the third degree, if the statement is one which is required by law
to be sworn or affirmed before a notary or other person authorized to administer
oaths.
Perjury provisions applicable.--Section 4902 through (f) of this title
(relating to perjury) applies to this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4904
Effective: January 29, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4904. Unsworn falsification to authorities
(a) In general.--A person commits a misdemeanor of the second degree if, with
intent to mislead a public servant in performing his official function, he:
(1) makes any written false statement which he does not believe to be true;
(2) submits or invites reliance on any writing which he knows to be forged,
altered or otherwise lacking in authenticity; or
(3) submits or invites reliance on any sample, specimen, map, boundary mark, or
other object which he knows to be false.
(b) Statements "under penalty".--A person commits a misdemeanor of the third
degree if he makes a written false statement which he does not believe to be true,
on or pursuant to a form bearing notice, authorized by law, to the effect that
false statements made therein are punishable.
Perjury provisions applicable.--Section 4902 through (f) of this title
(relating to perjury) applies to this section.
(d) Penalty.--In addition to any other penalty that may be imposed, a person
convicted under this section shall be sentenced to pay a fine of at least $1,000.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2006, Nov.
29, P.L. 1481, No. 168, s 3, effective in 60 days [Jan. 29, 2007].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4905
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4905. False alarms to agencies of public safety
(a) Offense defined.--A person commits an offense if he knowingly causes a false
alarm of fire or other emergency to be transmitted to or within any organization,
official or volunteer, for dealing with emergencies involving danger to life or
property.
(b) Grading.--An offense under this section is a misdemeanor of the first degree
unless the transmission of the false alarm of fire or other emergency occurs
during a declared state of emergency and the false alarm causes the resources of
the organization to be diverted from dealing with the declared state of emergency,
in which case the offense is a felony of the third degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2002, June
28, P.L. 481, No. 82, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4906
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4906. False reports to law enforcement authorities
(a) Falsely incriminating another.--Except as provided in subsection , a person
who knowingly gives false information to any law enforcement officer with intent
to implicate another commits a misdemeanor of the second degree.
(b) Fictitious reports.--Except as provided in subsection , a person commits a
misdemeanor of the third degree if he:
(1) reports to law enforcement authorities an offense or other incident within
their concern knowing that it did not occur; or
(2) pretends to furnish such authorities with information relating to an offense
or incident when he knows he has no information relating to such offense or
incident.
Grading.--
(1) If the violation of subsection (a) or (b) occurs during a declared state of
emergency and the false report causes the resources of the law enforcement
authority to be diverted from dealing with the declared state of emergency, the
offense shall be graded one step greater than that set forth in the applicable
subsection.
(2) If the violation of subsection (a) or (b) relates to a false report of the
theft or loss of a firearm, as defined in section 5515 (relating to prohibiting
of paramilitary training), the offense shall be graded one step greater than
that set forth in the applicable subsection.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2002, June
28, P.L. 481, No. 82, s 3, effective in 60 days; 2008, Oct. 17, P.L. 1628, No.
131, s 1.2, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4907
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> ss 4907, 4908. Repealed. 1980, Dec. 4, P.L. 1097, No. 187, s 2,
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4908
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> ss 4907, 4908. Repealed. 1980, Dec. 4, P.L. 1097, No. 187, s 2,
effective in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4909
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4909. Witness or informant taking bribe
A person commits a felony of the third degree if he solicits, accepts or agrees to
accept any benefit in consideration of his doing any of the things specified in
section 4952(a)(1) through (6) (relating to intimidation of witnesses or victims).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1980,
Dec. 4, P.L. 1097, No. 187, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4910
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4910. Tampering with or fabricating physical evidence
A person commits a misdemeanor of the second degree if, believing that an official
proceeding or investigation is pending or about to be instituted, he:
(1) alters, destroys, conceals or removes any record, document or thing with
intent to impair its verity or availability in such proceeding or investigation;
or
(2) makes, presents or uses any record, document or thing knowing it to be false
and with intent to mislead a public servant who is or may be engaged in such
proceeding or investigation.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4911
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4911. Tampering with public records or information
(a) Offense defined.--A person commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, any record,
document or thing belonging to, or received or kept by, the government for
information or record, or required by law to be kept by others for information
of the government;
(2) makes, presents or uses any record, document or thing knowing it to be
false, and with intent that it be taken as a genuine part of information or
records referred to in paragraph (1) of this subsection; or
(3) intentionally and unlawfully destroys, conceals, removes or otherwise
impairs the verity or availability of any such record, document or thing.
(b) Grading.--An offense under this section is a misdemeanor of the second degree
unless the intent of the actor is to defraud or injure anyone, in which case the
offense is a felony of the third degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4912
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4912. Impersonating a public servant
A person commits a misdemeanor of the second degree if he falsely pretends to hold
a position in the public service with intent to induce another to submit to such
pretended official authority or otherwise to act in reliance upon that pretense to
his prejudice.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4913
Effective: May 21, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4913. Impersonating a notary public or a holder of a professional
or occupational license
(a) Offense defined.--A person commits an offense if the person does any of the
following:
(1) falsely pretends to hold the office of notary public within this
Commonwealth or to hold a professional or occupational license issued by a
licensing board; and
(2) performs any action in furtherance of this false pretense.
(b) Grading.--
(1) Except as set forth in paragraph (2), an offense under this section is a
misdemeanor of the second degree.
(2) If the intent of the actor is to harm, defraud or injure anyone, an offense
under this section is a misdemeanor of the first degree.
CREDIT(S)
1996, March 21, P.L. 35, No. 11, s 1, effective in 60 days. Amended 2010, March
22, P.L. 144, No. 12, s 2, effective in 60 days [May 21, 2010].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4914
Effective: February 20, 2001
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4914. False identification to law enforcement authorities
(a) Offense defined.--A person commits an offense if he furnishes law enforcement
authorities with false information about his identity after being informed by a
law enforcement officer who is in uniform or who has identified himself as a law
enforcement officer that the person is the subject of an official investigation of
a violation of law.
(b) Grading.--An offense under this section is a misdemeanor of the third degree.
CREDIT(S)
2000, Dec. 20, P.L. 972, No. 133, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4915
Effective: December 20, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4915. Expired December 20, 2012
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4915.1
Effective: December 20, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter A. Perjury and Falsification in Official Matters (Refs &
Annos)
>>>> s 4915.1. Failure to comply with registration requirements
(a) Offense defined.--An individual who is subject to registration under 42
Pa.C.S. s 9799.13 (relating to applicability) commits an offense if he knowingly
fails to:
(1) register with the Pennsylvania State Police as required under 42 Pa.C.S. s
9799.15 (relating to period of registration), 9799.19 (relating to initial
registration) or 9799.25 (relating to verification by sexual offenders and
Pennsylvania State Police);
(2) verify his address or be photographed as required under 42 Pa.C.S. s
9799.15, 9799.19 or 9799.25; or
(3) provide accurate information when registering under 42 Pa.C.S. s 9799.15,
9799.19 or 9799.25.
(a.1) Transients.--An individual set forth in 42 Pa.C.S. s 9799.13 who is a
transient commits an offense if he knowingly fails to:
(1) register with the Pennsylvania State Police as required under 42 Pa.C.S. ss
9799.15, 9799.16(b)(6) (relating to registry) and 9799.25(a)(7);
(2) verify the information provided in 42 Pa.C.S. ss 9799.15 and 9799.16(b)(6)
or be photographed as required under 42 Pa.C.S. s 9799.15 or 9799.25;
(3) provide accurate information when registering under 42 Pa.C.S. s 9799.15,
9799.16(b)(6) or 9799.25.
(a.2) Counseling.--The following apply:
(1) An individual who is designated as a sexually violent predator or sexually
violent delinquent child commits an offense if he knowingly fails to comply with
42 Pa.C.S. s 6404.2(g) (relating to duration of outpatient commitment and
review) or 9799.36 (relating to counseling of sexually violent predators).
(2) An individual who is subject to a counseling requirement under a sex
offender registration statute following conviction in another jurisdiction
commits an offense if he knowingly fails to comply with 42 Pa.C. S. s 9799.36.
(b) Grading for sexual offenders who must register for 15 years or who must
register pursuant to 42 Pa.C.S. s 9799.13(7.1).--
(1) Except as set forth in paragraph (3), an individual who commits a violation
of subsection (a)(1) or (2) commits a felony of the third degree.
(2) An individual who commits a violation of subsection (a)(1) or (2) and who
has previously been convicted of an offense under subsection (a)(1) or (2) or
(a.1)(1) or (2) or a similar offense commits a felony of the second degree.
(3) An individual who violates subsection (a)(3) commits a felony of the second
degree.
(4) For the purposes of this subsection, an individual shall mean an individual
that meets any of the following:
(i) Is subject to registration under 42 Pa.C.S. s 9799.13 and is required to
register for a period of 15 years.
(ii) Is subject to registration under 42 Pa.C.S. s 9799.13(7.1).
Grading for sexual offenders who must register for 25 years or life.--
(1) Except as set forth in paragraph (3), an individual subject to registration
under 42 Pa.C.S. s 9799.13 and required to register for a period of 25 years or
life who commits a violation of subsection (a)(1) or (2) commits a felony of the
second degree.
(2) An individual subject to registration under 42 Pa.C.S. s 9799.13 and
required to register for a period of 25 years or life who commits a violation of
subsection (a)(1) or (2) and who has previously been convicted of an offense
under subsection (a)(1) or (2) or (a.1)(1) or (2) or a similar offense commits a
felony of the first degree.
(3) An individual subject to registration under 42 Pa.C.S. s 9799.13 and
required to register for a period of 25 years or life who violates subsection
(a)(3) commits a felony of the first degree.
(c.1) Grading for sexual offenders who are transients who must register for 15
years.--
(1) Except as set forth in paragraph (2) or (3), an individual commits a felony
of the third degree if the individual violates subsection (a.1)(1) or (2).
(2) An individual commits a felony of the second degree if the individual
violates subsection (a.1)(3).
(3) An individual commits a felony of the second degree if the individual
violates subsection (a.1)(1) or (2) and has been previously convicted of an
offense under subsection (a)(1) or (2) or (a.1)(1) or (2) or a similar offense.
(4) For the purposes of this subsection, an individual shall mean an individual
that meets any of the following:
(i) Is subject to registration under 42 Pa.C.S. s 9799.13 and is a transient
who must register for a period of 15 years.
(ii) Is subject to registration under 42 Pa.C.S. s 9799.13(7.1) and is a
transient.
(c.2) Grading for sexual offenders who are transients who must register for 25
years or life.--
(1) Except as set forth in paragraph (2) or (3), an individual subject to
registration under 42 Pa.C.S. s 9799.13 who is a transient who must register for
a period of 25 years or life commits a felony of the second degree if the
individual violates subsection (a.1)(1) or (2).
(2) An individual who is subject to registration under 42 Pa.C.S. s 9799.13 who
is a transient who must register for a period of 25 years or life commits a
felony of the first degree if the individual violates subsection (a.1)(3).
(3) An individual subject to registration under 42 Pa.C.S. s 9799.13 who is a
transient who must register for a period of 25 years or life commits a felony of
the first degree if the individual violates subsection (a.1)(1) or (2) and has
been previously convicted of an offense under subsection (a)(1) or (2) or
(a.1)(1) or (2) or a similar offense.
(c.3) Grading for failure to comply with counseling requirements.--An individual
designated as a sexually violent predator or sexually violent delinquent child or
an individual who is subject to a counseling requirement under a sex offender
registration statute following conviction in another jurisdiction commits a
misdemeanor of the first degree if the individual violates subsection (a.2).
(d) Effect of notice.--Neither failure on the part of the Pennsylvania State
Police to send nor failure of a sexually violent predator or offender to receive
any notice or information pursuant to 42 Pa.C.S. s 9799.25 shall be a defense to a
prosecution commenced against an individual arising from a violation of this
section. The provisions of 42 Pa.C.S. s 9799.25 are not an element of an offense
under this section.
(e) Arrests for violation.--
(1) A police officer shall have the same right of arrest without a warrant as in
a felony whenever the police officer has probable cause to believe an individual
has committed a violation of this section regardless of whether the violation
occurred in the presence of the police officer.
(2) An individual arrested for a violation of this section shall be afforded a
preliminary arraignment by the proper issuing authority without unnecessary
delay. In no case may the individual be released from custody without first
having appeared before the issuing authority.
(3) Prior to admitting an individual arrested for a violation of this section to
bail, the issuing authority shall require all of the following:
(i) The individual must be fingerprinted and photographed in the manner
required by 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual
offenders).
(ii) The individual must provide the Pennsylvania State Police with all current
or intended residences, all information concerning current or intended
employment, including all employment locations, and all information concerning
current or intended enrollment as a student. This subparagraph includes an
individual who is a transient, in which case the individual must, in addition
to other information required under this subparagraph, provide the information
set forth in 42 Pa.C.S. s 9799.16(b)(6).
(iii) Law enforcement must make reasonable attempts to verify the information
provided by the individual.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection unless the context clearly
indicates otherwise:
"Sexually violent delinquent child." The term shall have the meaning given to it
in 42 Pa.C.S. s 9799.12 (relating to definitions).
"Sexually violent predator." The term shall have the meaning given to it in 42
Pa.C.S. s 9799.12 (relating to definitions).
"Similar offense." An offense similar to an offense under either subsection
(a)(1) or (2) under the laws of this Commonwealth, another jurisdiction or a
foreign country or a military offense, as defined in 42 Pa. C.S. s 9799.12
(relating to definitions).
"Transient." The term shall have the meaning given to it in 42 Pa.C.S. s 9799.12
(relating to definitions).
CREDIT(S)
2011, Dec. 20, P.L. 446, No. 111, s 1.1, effective in one year [Dec. 20, 2012].
Amended 2012, July 5, P.L. 880, No. 91, s 1, effective Dec. 20, 2012.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. E, Ch. 49,
Subch. B, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4951
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4951. Definitions
The following words and phrases when used in this subchapter shall have, unless
the context clearly indicates otherwise, the meanings given to them in this
section:
"Victim." Any person against whom any crime as defined under the laws of this
State or of any other state or of the United States is being or has been
perpetrated or attempted.
"Witness." Any person having knowledge of the existence or nonexistence of facts
or information relating to any crime, including but not limited to those who have
reported facts or information to any law enforcement officer, prosecuting
official, attorney representing a criminal defendant or judge, those who have been
served with a subpoena issued under the authority of this State or any other state
or of the United States, and those who have given written or oral testimony in any
criminal matter; or who would be believed by any reasonable person to be an
individual described in this definition.
CREDIT(S)
1980, Dec. 4, P.L. 1097, No. 187, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4952
Effective: February 8, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4952. Intimidation of witnesses or victims
(a) Offense defined.--A person commits an offense if, with the intent to or with
the knowledge that his conduct will obstruct, impede, impair, prevent or interfere
with the administration of criminal justice, he intimidates or attempts to
intimidate any witness or victim to:
(1) Refrain from informing or reporting to any law enforcement officer,
prosecuting official or judge concerning any information, document or thing
relating to the commission of a crime.
(2) Give any false or misleading information or testimony relating to the
commission of any crime to any law enforcement officer, prosecuting official or
judge.
(3) Withhold any testimony, information, document or thing relating to the
commission of a crime from any law enforcement officer, prosecuting official or
judge.
(4) Give any false or misleading information or testimony or refrain from giving
any testimony, information, document or thing, relating to the commission of a
crime, to an attorney representing a criminal defendant.
(5) Elude, evade or ignore any request to appear or legal process summoning him
to appear to testify or supply evidence.
(6) Absent himself from any proceeding or investigation to which he has been
legally summoned.
(b) Grading.--
(1) The offense is a felony of the degree indicated in paragraphs (2) through
(4) if:
(i) The actor employs force, violence or deception, or threatens to employ
force or violence, upon the witness or victim or, with the requisite intent or
knowledge upon any other person.
(ii) The actor offers any pecuniary or other benefit to the witness or victim
or, with the requisite intent or knowledge, to any other person.
(iii) The actor's conduct is in furtherance of a conspiracy to intimidate a
witness or victim.
(iv) The actor accepts, agrees or solicits another to accept any pecuniary or
other benefit to intimidate a witness or victim.
(v) The actor has suffered any prior conviction for any violation of this
section or any predecessor law hereto, or has been convicted, under any Federal
statute or statute of any other state, of an act which would be a violation of
this section if committed in this State.
(2) The offense is a felony of the first degree if a felony of the first degree
or murder in the first or second degree was charged in the case in which the
actor sought to influence or intimidate a witness or victim as specified in this
subsection.
(3) The offense is a felony of the second degree if a felony of the second
degree is the most serious offense charged in the case in which the actor sought
to influence or intimidate a witness or victim as specified in this subsection.
(4) The offense is a felony of the third degree in any other case in which the
actor sought to influence or intimidate a witness or victim as specified in this
subsection.
(5) Otherwise the offense is a misdemeanor of the second degree.
CREDIT(S)
1980, Dec. 4, P.L. 1097, No. 187, s 4, effective in 60 days. Amended 2001, Dec.
10, P.L. 855, No. 90, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4953
Effective: December 20, 2000
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4953. Retaliation against witness, victim or party
(a) Offense defined.--A person commits an offense if he harms another by any
unlawful act or engages in a course of conduct or repeatedly commits acts which
threaten another in retaliation for anything lawfully done in the capacity of
witness, victim or a party in a civil matter.
(b) Grading.--The offense is a felony of the third degree if the retaliation is
accomplished by any of the means specified in section 4952(b)(1) through (5)
(relating to intimidation of witnesses or victims). Otherwise the offense is a
misdemeanor of the second degree.
CREDIT(S)
1980, Dec. 4, P.L. 1097, No. 187, s 4, effective in 60 days. Amended 2000, Dec.
20, P.L. 837, No. 117, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4953.1
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4953.1. Retaliation against prosecutor or judicial official
(a) Offense defined.--A person commits an offense if he harms or attempts to harm
another or the tangible property of another by any unlawful act in retaliation for
anything lawfully done in the official capacity of a prosecutor or judicial
official.
(b) Grading.--The offense is a felony of the second degree if:
(1) The actor employs force, violence or deception or attempts or threatens to
employ force, violence or deception upon the prosecutor or judicial official or,
with the requisite intent or knowledge, upon any other person.
(2) The actor's conduct is in furtherance of a conspiracy to retaliate against a
prosecutor or judicial official.
(3) The actor solicits another to or accepts or agrees to accept any pecuniary
or other benefit to retaliate against a prosecutor or judicial official.
(4) The actor has suffered any prior conviction for any violation of this title
or any predecessor law hereto or has been convicted under any Federal statute or
statute of any other state of an act which would be a violation of this title if
committed in this Commonwealth.
(5) The actor causes property damage or loss in excess of $1,000.
Otherwise, the offense is a misdemeanor of the first degree.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Judicial official." Any person who is a:
(1) judge of the court of common pleas;
(2) judge of the Commonwealth Court;
(3) judge of the Superior Court;
(4) justice of the Supreme Court;
(5) magisterial district judge;
(6) judge of the Pittsburgh Magistrate's Court;
(7) judge of the Philadelphia Municipal Court;
(8) judge of the Traffic Court of Philadelphia; or
(9) master appointed by a judge of a court of common pleas.
"Prosecutor." Any person who is:
(1) an Attorney General;
(2) a deputy attorney general;
(3) a district attorney; or
(4) an assistant district attorney.
CREDIT(S)
1998, Dec. 21, P.L. 1245, No. 159, s 2, effective in 60 days. Amended 2004, Nov.
30, P.L. 1618, No. 207, s 4, effective Jan. 31, 2005.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4954
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4954. Protective orders
Any court with jurisdiction over any criminal matter may, after a hearing and in
its discretion, upon substantial evidence, which may include hearsay or the
declaration of the prosecutor that a witness or victim has been intimidated or is
reasonably likely to be intimidated, issue protective orders, including, but not
limited to, the following:
(1) An order that a defendant not violate any provision of this subchapter or
section 2709 (relating to harassment ) or 2709.1 ( relating to stalking).
(2) An order that a person other than the defendant, including, but not limited
to, a subpoenaed witness, not violate any provision of this subchapter.
(3) An order that any person described in paragraph (1) or (2) maintain a
prescribed geographic distance from any specified witness or victim.
(4) An order that any person described in paragraph (1) or (2) have no
communication whatsoever with any specified witness or victim, except through an
attorney under such reasonable restrictions as the court may impose.
CREDIT(S)
1980, Dec. 4, P.L. 1097, No. 187, s 4, effective in 60 days. Amended 1993, June
23, P.L. 124, No. 28, s 3, imd. effective; 2002, Dec. 9, P.L. 1759, No. 218, s 3,
effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4954.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4954.1. Notice on protective order
All protective orders issued under section 4954 (relating to protective orders)
shall contain in large print at the top of the order a notice that the witness or
victim should immediately call the police if the defendant violates the protective
order. The notice shall contain the telephone number of the police department
where the victim or witness resides and where the victim or witness is employed.
CREDIT(S)
1993, June 23, P.L. 124, No. 28, s 4, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4955
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4955. Violation of orders
(a) Punishment.--Any person violating any order made pursuant to section 4954
(relating to protective orders) may be punished in any of the following ways:
(1) For any substantive offense described in this subchapter, where such
violation of an order is a violation of any provision of this subchapter.
(2) As a contempt of the court making such order. No finding of contempt shall
be a bar to prosecution for a substantive offense under section 2709 (relating
to harassment ), 2709.1 (relating to stalking), 4952 (relating to intimidation
of witnesses or victims) or 4953 (relating to retaliation against witness or
victim), but:
(i) any person so held in contempt shall be entitled to credit for any
punishment imposed therein against any sentence imposed on conviction of said
substantive offense; and
(ii) any conviction or acquittal for any substantive offense under this title
shall be a bar to subsequent punishment for contempt arising out of the same
act.
(3) By revocation of any form of pretrial release, or the forfeiture of bail and
the issuance of a bench warrant for the defendant's arrest or remanding him to
custody. Revocation may, after hearing and on substantial evidence, in the
sound discretion of the court, be made whether the violation of order complained
of has been committed by the defendant personally or was caused or encouraged to
have been committed by the defendant.
(b) Arrest.--An arrest for a violation of an order issued under section 4954 may
be without warrant upon probable cause whether or not the violation is committed
in the presence of a law enforcement officer. The law enforcement officer may
verify, if necessary, the existence of a protective order by telephone or radio
communication with the appropriate police department.
Arraignment.--Subsequent to an arrest, the defendant shall be taken without
unnecessary delay before the court that issued the order. When that court is
unavailable, the defendant shall be arraigned before a magisterial district judge
or, in cities of the first class, a Philadelphia Municipal Court Judge, in
accordance with the Pennsylvania Rules of Criminal Procedure.
CREDIT(S)
1980, Dec. 4, P.L. 1097, No. 187, s 4, effective in 60 days. Amended 1993, June
23, P.L. 124, No. 28, s 5, imd. effective; 2002, Dec. 9, P.L. 1759, No. 218, s 3,
effective in 60 days; 2004, Nov. 30, P.L. 1618, No. 207, s 4, effective Jan. 31,
2005.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4956
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4956. Pretrial release
(a) Conditions for pretrial release.--Any pretrial release of any defendant
whether on bail or under any other form of recognizance shall be deemed, as a
matter of law, to include a condition that the defendant neither do, nor cause to
be done, nor permit to be done on his behalf, any act proscribed by section 4952
(relating to intimidation of witnesses or victims) or 4953 (relating to
retaliation against witness or victim) and any willful violation of said condition
is subject to punishment as prescribed in section 4955(3) (relating to violation
of orders) whether or not the defendant was the subject of an order under section
4954 (relating to protective orders).
(b) Notice of condition.--From and after the effective date of this subchapter,
any receipt for any bail or bond given by the clerk of any court, by any court, by
any surety or bondsman and any written promise to appear on one's own recognizance
shall contain, in a conspicuous location, notice of this condition.
CREDIT(S)
1980, Dec. 4, P.L. 1097, No. 187, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 4957
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 49. Falsification and Intimidation
+ Subchapter B. Victim and Witness Intimidation (Refs & Annos)
>>>> s 4957. Protection of employment of crime victims, family members of
victims and witnesses
(a) General rule.--An employer shall not deprive an employee of his employment,
seniority position or benefits, or threaten or otherwise coerce him with respect
thereto, because the employee attends court by reason of being a victim of, or a
witness to, a crime or a member of such victim's family. Nothing in this section
shall be construed to require the employer to compensate the employee for
employment time lost because of such court attendance.
(b) Penalty.--An employer who violates subsection (a) commits a summary offense.
Civil remedy available.--If an employer penalizes an employee in violation of
subsection (a), the employee may bring a civil action for recovery of wages and
benefits lost as a result of the violation and for an order requiring the
reinstatement of the employee. Damages recoverable shall not exceed wages and
benefits actually lost. If he prevails, the employee shall be allowed a
reasonable attorney fee fixed by the court.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Family." This term shall have the same meaning as in section 103 of the act of
November 24, 1998 (P.L. 882, No. 111), [FN1] known as the Crime Victims Act.
"Victim." This term shall have the same meaning as "direct victim" in section 103
of the act of November 24, 1998 (P.L. 882, No. 111), known as the Crime Victims
Act.
CREDIT(S)
1986, Oct. 22, P.L. 1451, No. 142, s 1, effective in 60 days. Amended 2002, June
28, P.L. 494, No. 84, s 1, effective in 60 days.
[FN1] 18 P.S. s 11.103.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. E, Ch. 51,
Subch. A, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5101
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5101. Obstructing administration of law or other governmental
function
A person commits a misdemeanor of the second degree if he intentionally obstructs,
impairs or perverts the administration of law or other governmental function by
force, violence, physical interference or obstacle, breach of official duty, or
any other unlawful act, except that this section does not apply to flight by a
person charged with crime, refusal to submit to arrest, failure to perform a legal
duty other than an official duty, or any other means of avoiding compliance with
law without affirmative interference with governmental functions.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5102
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5102. Obstructing or impeding the administration of justice by
picketing, etc.
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if
he intentionally interferes with, obstructs or impedes the administration of
justice, or with the intent of influencing any judge, juror, witness or court
officer in the discharge of his duty, pickets or parades in or near any building
housing a court of this Commonwealth, or in or near a building or residence
occupied by or used by such judge, juror, witness or court officer, or with such
intent uses any sound-truck or similar device, or resorts to any other
demonstration in or near any such building or residence.
(b) Exception.--Nothing in subsection (a) of this section shall interfere with or
prevent the exercise by any court of this Commonwealth of its power to punish for
contempt.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5103. Unlawfully listening into deliberations of jury
A person is guilty of a misdemeanor of the third degree if he, by any scheme or
device, or in any manner, for any purpose, intentionally listens into the
deliberations of any grand, petit, traverse, or special jury.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5104. Resisting arrest or other law enforcement
A person commits a misdemeanor of the second degree if, with the intent of
preventing a public servant from effecting a lawful arrest or discharging any
other duty, the person creates a substantial risk of bodily injury to the public
servant or anyone else, or employs means justifying or requiring substantial force
to overcome the resistance.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5104.1
Effective: September 6, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5104.1. Disarming law enforcement officer
(a) Offense defined.--A person commits the offense of disarming a law enforcement
officer if he:
(1) without lawful authorization, removes or attempts to remove a firearm,
rifle, shotgun or weapon from the person of a law enforcement officer or
corrections officer, or deprives a law enforcement officer or corrections
officer of the use of a firearm, rifle, shotgun or weapon, when the officer is
acting within the scope of the officer's duties; and
(2) has reasonable cause to know or knows that the individual is a law
enforcement officer or corrections officer.
(b) Grading.--A violation of this section constitutes a felony of the third
degree.
CREDIT(S)
2005, July 5, P.L. 76, No. 30, s 1, effective in 60 days [Sept. 6, 2005].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5105
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5105. Hindering apprehension or prosecution
(a) Offense defined.--A person commits an offense if, with intent to hinder the
apprehension, prosecution, conviction or punishment of another for crime or
violation of the terms of probation, parole, intermediate punishment or
Accelerated Rehabilitative Disposition, he:
(1) harbors or conceals the other;
(2) provides or aids in providing a weapon, transportation, disguise or other
means of avoiding apprehension or effecting escape;
(3) conceals or destroys evidence of the crime, or tampers with a witness,
informant, document or other source of information, regardless of its
admissibility in evidence;
(4) warns the other of impending discovery or apprehension, except that this
paragraph does not apply to a warning given in connection with an effort to
bring another into compliance with law; or
(5) provides false information to a law enforcement officer.
(b) Grading.--The offense is a felony of the third degree if the conduct which the
actor knows has been charged or is liable to be charged against the person aided
would constitute a felony of the first or second degree. Otherwise it is a
misdemeanor of the second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1996, Dec.
18, P.L. 1074, No. 160, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5106
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5106. Failure to report injuries by firearm or criminal act
(a) Offense defined.-- Except as set forth in subsection (a.1), a physician,
intern or resident, or any person conducting, managing or in charge of any
hospital or pharmacy, or in charge of any ward or part of a hospital, to whom
shall come or be brought any person:
(1) suffering from any wound or other injury inflicted by his own act or by the
act of another which caused death or serious bodily injury, or inflicted by
means of a deadly weapon as defined in section 2301 (relating to definitions);
or
(2) upon whom injuries have been inflicted in violation of any penal law of this
Commonwealth; commits a summary offense if the reporting party fails to report
such injuries immediately, both by telephone and in writing, to the chief of
police or other head of the police department of the local government, or to the
Pennsylvania State Police. The report shall state the name of the injured
person, if known, the injured person's whereabouts and the character and extent
of the person' s injuries.
(a.1) Exception.--In cases of bodily injury as defined in section 2301 (relating
to definitions), failure to report under subsection (a)(2) does not constitute an
offense if all of the following apply:
(1) The victim is an adult and has suffered bodily injury.
(2) The injury was inflicted by an individual who:
(i) is the current or former spouse of the victim;
(ii) is a current or former sexual or intimate partner of the victim;
(iii) shares biological parenthood with the victim; or
(iv) is or has been living as a spouse of the victim.
(3) The victim has been informed:
(i) of the duty to report under subsection (a)(2); and
(ii) that the report under subsection (a)(2) cannot be made without the
victim's consent.
(4) The victim does not consent to the report under subsection (a)(2).
(5) The victim has been provided with a referral to the appropriate victim
service agency such as a domestic violence or sexual assault program.
(b) Immunity granted.--No physician or other person shall be subject to civil or
criminal liability by reason of complying with this section.
Physician-patient privilege unavailable.--In any judicial proceeding resulting
from a report pursuant to this section, the physician-patient privilege shall not
apply in respect to evidence regarding such injuries or the cause thereof. This
subsection shall not apply where a report is not made pursuant to subsection
(a.1).
(d) Reporting of crime encouraged.--Nothing in this chapter precludes a victim
from reporting the crime that resulted in injury.
(e) Availability of information.--A physician or other individual may make
available information concerning domestic violence or sexual assault to any
individual subject to the provisions of this chapter.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2002, Dec.
9, P.L. 1350, No. 162, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5107
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5107. Aiding consummation of crime
(a) Offense defined.--A person commits an offense if he intentionally aids another
to accomplish an unlawful object of a crime, as by safeguarding the proceeds
thereof or converting the proceeds into negotiable funds.
(b) Grading.--The offense is a felony of the third degree if the principal offense
was a felony of the first or second degree. Otherwise it is a misdemeanor of the
second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5108
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5108. Compounding
(a) Offense defined.--A person commits a misdemeanor of the second degree if he
accepts or agrees to accept any pecuniary benefit in consideration of refraining
from reporting to law enforcement authorities the commission or suspected
commission of any offense or information relating to an offense.
(b) Defense.--It is a defense to prosecution under this section that the pecuniary
benefit did not exceed an amount which the actor believed to be due as restitution
or indemnification for harm caused by the offense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5109
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5109. Barratry
A person is guilty of a misdemeanor of the third degree if he vexes others with
unjust and vexatious suits.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1 effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5110
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5110. Contempt of General Assembly
A person is guilty of a misdemeanor of the third degree if he is disorderly or
contemptuous in the presence of either branch of the General Assembly, or if he
neglects or refuses to appear in the presence of either of such branches after
having been duly served with a subpoena to so appear.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5111
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5111. Dealing in proceeds of unlawful activities
(a) Offense defined.--A person commits a felony of the first degree if the person
conducts a financial transaction under any of the following circumstances:
(1) With knowledge that the property involved, including stolen or illegally
obtained property, represents the proceeds of unlawful activity, the person acts
with the intent to promote the carrying on of the unlawful activity.
(2) With knowledge that the property involved, including stolen or illegally
obtained property, represents the proceeds of unlawful activity and that the
transaction is designed in whole or in part to conceal or disguise the nature,
location, source, ownership or control of the proceeds of unlawful activity.
(3) To avoid a transaction reporting requirement under State or Federal law.
(b) Penalty.--Upon conviction of a violation under subsection (a), a person shall
be sentenced to a fine of the greater of $100,000 or twice the value of the
property involved in the transaction or to imprisonment for not more than 20
years, or both.
Civil penalty.--A person who conducts or attempts to conduct a transaction
described in subsection (a) is liable to the Commonwealth for a civil penalty of
the greater of:
(1) the value of the property, funds or monetary instruments involved in the
transaction; or
(2) $10,000.
(d) Cumulative remedies.--Any proceedings under this section shall be in addition
to any other criminal penalties or forfeitures authorized under the State law.
(e) Enforcement.--
(1) The Attorney General shall have the power and duty to institute proceedings
to recover the civil penalty provided under subsection against any person
liable to the Commonwealth for such a penalty.
(2) The district attorneys of the several counties shall have authority to
investigate and to institute criminal proceedings for any violation of
subsection (a).
(3) In addition to the authority conferred upon the Attorney General by the act
of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys
Act, [FN1] the Attorney General shall have the authority to investigate and to
institute criminal proceedings for any violation of subsection (a) or any series
of related violations involving more than one county of the Commonwealth or
involving any county of the Commonwealth and another state. No person charged
with a violation of subsection (a) by the Attorney General shall have standing
to challenge the authority of the Attorney General to investigate or prosecute
the case, and, if any such challenge is made, the challenge shall be dismissed
and no relief shall be available in the courts of the Commonwealth to the person
making the challenge.
(4) Nothing contained in this subsection shall be construed to limit the
regulatory or investigative authority of any department or agency of the
Commonwealth whose functions might relate to persons, enterprises or matters
falling within the scope of this section.
(e.1) Venue.--An offense under subsection (a) may be deemed to have been committed
where any element of unlawful activity or of the offense under subsection (a)
occurs.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Conducts." Includes initiating, concluding or participating in initiating or
concluding a transaction.
"Financial institution." Any of the following:
(1) An insured bank as defined in section 3(h) of the Federal Deposit Insurance
Act (64 Stat. 873, 12 U.S.C. s 1813(h)).
(2) A commercial bank or trust company.
(3) A private banker.
(4) An agency or bank of a foreign bank in this Commonwealth.
(5) An insured institution as defined in section 401(a) of the National Housing
Act (48 Stat. 1246, 12 U.S.C. s 1724(a)).
(6) A thrift institution.
(7) A broker or dealer registered with the Securities and Exchange Commission
under the Securities Exchange Act of 1934 (15 U.S.C. s 78a et seq.).
(8) A broker or dealer in securities or commodities.
(9) An investment banker or investment company.
(10) A currency exchange.
(11) An insurer, redeemer or cashier of travelers' checks, checks, money orders
or similar instruments.
(12) An operator of a credit card system.
(13) An insurance company.
(14) A dealer in precious metals, stones or jewels.
(15) A pawnbroker.
(16) A loan or finance company.
(17) A travel agency.
(18) A licensed sender of money.
(19) A telegraph company.
(20) An agency of the Federal Government or of a state or local government
carrying out a duty or power of a business described in this paragraph.
(21) Another business or agency carrying out a similar, related or substitute
duty or power which the United States Secretary of the Treasury prescribes.
"Financial transaction." A transaction involving the movement of funds by wire or
other means or involving one or more monetary instruments. The term includes any
exchange of stolen or illegally obtained property for financial compensation or
personal gain.
"Knowing that the property involved in a financial transaction represents the
proceeds of unlawful activity." Knowing that the property involved in the
transaction represents proceeds from some form, though not necessarily which form,
of unlawful activity, regardless of whether or not the activity is specified in
this section.
"Monetary instrument." Coin or currency of the United States or of any other
country, traveler's checks, personal checks, bank checks, money orders, investment
securities in bearer form or otherwise in such form that title thereto passes upon
delivery and negotiable instruments in bearer form or otherwise in such form that
title thereto passes upon delivery.
"Transaction." Includes a purchase, sale, loan, pledge, gift, transfer, delivery
or other disposition. With respect to a financial institution, the term includes
a deposit, withdrawal, transfer between accounts, exchange of currency, loan,
extension of credit, purchase or sale of any stock, bond, certificate of deposit
or other monetary instrument and any other payment, transfer or delivery by,
through, or to a financial institution, by whatever means effected.
"Unlawful activity." Any activity graded a misdemeanor of the first degree or
higher under Federal or State law.
CREDIT(S)
1989, Dec. 22, P.L. 770, No. 108, s 1, imd. effective. Amended 2002, June 28,
P.L. 481, No. 82, s 4, effective in 60 days; 2012, Oct. 25, P.L. 1645, No. 203, s
1, effective in 60 days [Dec. 24, 2012].
[FN1] 71 P.S. s 732-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5112
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 5112. Obstructing emergency services
(a) Offense defined.--A person commits a misdemeanor of the third degree if he
knowingly impedes, obstructs or interferes with emergency services personnel
providing emergency medical services to an injured victim or performing rescue or
firefighting activities.
(b) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Emergency medical services." The services utilized in responding to the needs of
an individual for immediate medical care in order to prevent loss of life or the
aggravation of physiological or psychological illness or injury.
"Emergency services personnel." A person, including a trained volunteer or a
member of the armed forces of the United States or the National Guard, whose
official or assigned responsibilities include performing or directly supporting
the performance of emergency medical or rescue services or firefighting.
"Rescue." The act of extricating persons from entrapment or dangerous situations
which pose the imminent threat of death or serious bodily injury.
CREDIT(S)
1998, Dec. 21, P.L. 1240, No. 157, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5121
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter B. Escape
>>>> s 5121. Escape
(a) Escape.--A person commits an offense if he unlawfully removes himself from
official detention or fails to return to official detention following temporary
leave granted for a specific purpose or limited period.
(b) Permitting or facilitating escape.--A public servant concerned in detention
commits an offense if he knowingly or recklessly permits an escape. Any person
who knowingly causes or facilitates an escape commits an offense.
Effect of legal irregularity in detention.--Irregularity in bringing about or
maintaining detention, or lack of jurisdiction of the committing or detaining
authority, shall not be a defense to prosecution under this section.
(d) Grading.--
(1) An offense under this section is a felony of the third degree where:
(i) the actor was under arrest for or detained on a charge of felony or
following conviction of crime;
(ii) the actor employs force, threat, deadly weapon or other dangerous
instrumentality to effect the escape; or
(iii) a public servant concerned in detention of persons convicted of crime
intentionally facilitates or permits an escape from a detention facility.
(2) Otherwise an offense under this section is a misdemeanor of the second
degree.
(e) Definition.--As used in this section the phrase "official detention" means
arrest, detention in any facility for custody of persons under charge or
conviction of crime or alleged or found to be delinquent, detention for
extradition or deportation, or any other detention for law enforcement purposes;
but the phrase does not include supervision of probation or parole, or constraint
incidental to release on bail.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5122
Effective: February 8, 2000
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter B. Escape
>>>> s 5122. Weapons or implements for escape
(a) Offenses defined.--
(1) A person commits a misdemeanor of the first degree if he unlawfully
introduces within a detention facility, correctional institution or mental
hospital, or unlawfully provides an inmate thereof with any weapon, tool,
implement, or other thing which may be used for escape.
(2) An inmate commits a misdemeanor of the first degree if he unlawfully
procures, makes or otherwise provides himself with, or unlawfully has in his
possession or under his control, any weapon, tool, implement or other thing
which may be used for escape.
(b) Definitions.--
(1) As used in this section, the word "unlawfully" means surreptitiously or
contrary to law, regulation or order of the detaining authority.
(2) As used in this section, the word "weapon" means any implement readily
capable of lethal use and shall include any firearm, ammunition, knife, dagger,
razor, other cutting or stabbing implement or club, including any item which has
been modified or adopted so that it can be used as a firearm, ammunition, knife,
dagger, razor, other cutting or stabbing implement, or club. The word "firearm"
includes an unloaded firearm and the unassembled components of a firearm.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1974,
Dec. 10, P.L. 910, No. 300, s 2, imd. effective; 1999, Dec. 15, P.L. 915, No. 59,
s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5123
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter B. Escape
>>>> s 5123. Contraband
(a) Controlled substance contraband to confined persons prohibited.--A person
commits a felony of the second degree if he sells, gives, transmits or furnishes
to any convict in a prison, or inmate in a mental hospital, or gives away in or
brings into any prison, mental hospital, or any building appurtenant thereto, or
on the land granted to or owned or leased by the Commonwealth or county for the
use and benefit of the prisoners or inmates, or puts in any place where it may be
secured by a convict of a prison, inmate of a mental hospital, or employee
thereof, any controlled substance included in Schedules I through V of the act of
April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device
and Cosmetic Act, [FN1] (except the ordinary hospital supply of the prison or
mental hospital) without a written permit signed by the physician of such
institution, specifying the quantity and quality of the substance which may be
furnished to any convict, inmate, or employee in the prison or mental hospital,
the name of the prisoner, inmate, or employee for whom, and the time when the same
may be furnished, which permit shall be delivered to and kept by the warden or
superintendent of the prison or mental hospital.
(a.1) Mandatory minimum penalty.--Any person convicted of a violation of
subsection (a) shall be sentenced to a minimum sentence of at least two years of
total confinement, notwithstanding any other provision of this title or any other
statute to the contrary. Nothing in this subsection shall prevent the sentencing
court from imposing a sentence greater than that provided in this subsection, up
to the maximum penalty prescribed by this title for a felony of the second degree.
There shall be no authority in any court to impose on an offender to which this
subsection is applicable any lesser sentence than provided for in subsection (a)
or to place such offender on probation or to suspend sentence. Sentencing
guidelines promulgated by the Pennsylvania Commission on Sentencing shall not
supersede the mandatory sentences provided in this subsection. If a sentencing
court refuses to apply this subsection where applicable, the Commonwealth shall
have the right to appellate review of the action of the sentencing court. The
appellate court shall vacate the sentence and remand the case to the sentencing
court for imposition of a sentence in accordance with this subsection if it finds
that the sentence was imposed in violation of this subsection.
(a.2) Possession of controlled substance contraband by inmate prohibited.--A
prisoner or inmate commits a felony of the second degree if he unlawfully has in
his possession or under his control any controlled substance in violation of
section 13(a)(16) of The Controlled Substance, Drug, Device and Cosmetic Act.
[FN2] For purposes of this subsection, no amount shall be deemed de minimis.
(b) Money to inmates prohibited.--A person commits a misdemeanor of the third
degree if he gives or furnishes money to any inmate confined in a State or county
correctional institution, provided notice of this prohibition is adequately posted
at the institution. A person may, however, deposit money with the superintendent,
warden, or other authorized individual in charge of a State or county correctional
institution for the benefit and use of an inmate confined therein, which shall be
credited to the inmate's account and expended in accordance with the rules and
regulations of the institution. The person making the deposit shall be provided
with a written receipt for the amount deposited.
Contraband other than controlled substance.--A person commits a misdemeanor of
the first degree if he sells, gives or furnishes to any convict in a prison, or
inmate in a mental hospital, or gives away in or brings into any prison, mental
hospital, or any building appurtenant thereto, or on the land granted to or owned
or leased by the Commonwealth or county for the use and benefit of the prisoners
or inmates, or puts in any place where it may be secured by a convict of a prison,
inmate of a mental hospital, or employee thereof, any kind of spirituous or
fermented liquor, medicine or poison (except the ordinary hospital supply of the
prison or mental hospital) without a written permit signed by the physician of
such institution, specifying the quantity and quality of the substance which may
be furnished to any convict, inmate or employee in the prison or mental hospital,
the name of the prisoner, inmate or employee for whom, and the time when the same
may be furnished, which permit shall be delivered to and kept by the warden or
superintendent of the prison or mental hospital.
(c.1) Telecommunication devices to inmates prohibited.--A person commits a
misdemeanor of the first degree if, without the written permission of
superintendent, warden or otherwise authorized individual in charge of a
correctional institution, prison, jail, detention facility or mental hospital, he
sells, gives or furnishes to any inmate in a correctional institution, prison,
jail, detention facility or mental hospital, or any building appurtenant thereto,
or puts in any place where it may be obtained by an inmate of a correctional
institution, prison, jail, detention facility or mental hospital, any
telecommunication device.
(c.2) Possession of telecommunication devices by inmates prohibited.--An inmate in
a correctional institution, prison, jail, detention facility or mental hospital,
or any building appurtenant thereto, commits a misdemeanor of the first degree if
he has in his possession any telecommunication device without the written
permission of the superintendent, warden or otherwise authorized individual in
charge of a correctional institution, prison, jail, detention facility or mental
hospital.
(d) Drug-sniffing animals.--Any jail or prison may use dogs or other animals
trained to sniff controlled substances or other contraband for such purposes in or
on any part of the jail or prison at any time.
(e) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Inmate." A male or female offender who is committed to, under sentence to or
confined in a penal or correctional institution.
"Telecommunication device." Any type of instrument, device, machine or equipment
which is capable of transmitting telephonic, electronic, digital, cellular or
radio communications or any part of such instrument, device, machine or equipment
which is capable of facilitating the transmission of telephonic, electronic,
digital, cellular or radio communications. The term shall include, but not be
limited to, cellular phones, digital phones and modem equipment devices.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. As amended 1978,
June 23, P.L. 498, No. 77, s 1, effective in 60 days; 1988, Dec. 19, P.L. 1275,
No. 158, s 1, effective in 60 days; 1989, Dec. 22, P.L. 753, No. 105, s 1,
effective in 60 days; 1995, July 6, P.L. 1049, No. 18 (Spec. Sess. No. 1), s 1,
effective in 60 days; 1997, June 25, P.L. 284, No. 26, s 3, effective in 60 days;
2002, June 28, P.L. 494, No. 84, s 2, effective in 60 days.
[FN1] 35 P.S. s 780-101 et seq.
[FN2] 35 P.S. s 780-113(a)(16).
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5124
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter B. Escape
>>>> s 5124. Default in required appearance
(a) Offense defined.--A person set at liberty by court order, with or without
bail, upon condition that he will subsequently appear at a specified time and
place, commits a misdemeanor of the second degree if, without lawful excuse, he
fails to appear at that time and place. The offense constitutes a felony of the
third degree where the required appearance was to answer to a charge of felony, or
for disposition of any such charge, and the actor took flight or went into hiding
to avoid apprehension, trial or punishment.
(b) Exception.--Subsection (a) of this section does not apply to obligations to
appear incident to release under suspended sentence or on probation or parole.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5125
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter B. Escape
>>>> s 5125. Absconding witness
A person commits a misdemeanor of the third degree if, having been required by
virtue of any legal process or otherwise to attend and testify in any prosecution
for a crime before any court, judge, justice, or other judicial tribunal, or
having been recognized or held to bail to attend as a witness on behalf of the
Commonwealth or defendant, before any court having jurisdiction, to testify in any
prosecution, he unlawfully and willfully conceals himself or absconds from this
Commonwealth, or from the jurisdiction of such court, with intent to defeat the
end of public justice, and refuses to appear as required by such legal process or
otherwise.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5126
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter B. Escape
>>>> s 5126. Flight to avoid apprehension, trial or punishment
(a) Offense defined.--A person who willfully conceals himself or moves or travels
within or outside this Commonwealth with the intent to avoid apprehension, trial
or punishment commits a felony of the third degree when the crime which he has
been charged with or has been convicted of is a felony and commits a misdemeanor
of the second degree when the crime which he has been charged with or has been
convicted of is a misdemeanor.
(b) Exception.--Subsection (a) shall not apply to a person set at liberty by court
order who fails to appear at the time or place specified in the order.
CREDIT(S)
1990, May 31, P.L. 219, No. 47, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5131
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article E. Offenses Against Public Administration
+ Chapter 51. Obstructing Governmental Operations
+ Subchapter C. Criminal Gangs
>>>> s 5131. Recruiting criminal gang members
(a) Offense defined.--A person commits the offense of recruiting criminal gang
members by:
(1) knowingly soliciting or otherwise causing or attempting to cause a person to
participate or remain in a criminal gang;
(2) knowingly inflicting bodily injury as defined in section 2301 (relating to
definitions) or using physical menace, force, threats or other intimidation
causing or attempting to cause a person to participate or remain in a criminal
gang; or
(3) knowingly inflicting serious bodily injury as defined in section 2301 on any
person causing or attempting to cause a person to participate or remain in a
criminal gang.
(b) Grading.--
(1) Except as provided under paragraph (2), the following shall apply:
(i) An offense under subsection (a)(1) is a misdemeanor of the second degree.
(ii) An offense under subsection (a)(2) is a misdemeanor of the first degree.
(iii) An offense under subsection (a)(3) is a felony of the third degree.
(2) A violation of this section shall be graded one degree higher than provided
under paragraph (1) if the subject of the recruiting is under 16 years of age.
Defenses.--It shall not be a defense to this offense that the subject of the
recruiting did not join, participate or remain in a criminal gang.
(d) Liability for other violations of statutes.--This section shall not be
construed to limit prosecution under any other provision of law.
(e) Definition.--As used in this section, the term "criminal gang" means a formal
or informal ongoing organization, association or group, with or without an
established hierarchy, that has as one of its primary activities the commission of
criminal or delinquent acts and that consists of three or more persons.
CREDIT(S)
2012, Oct. 25, P.L. 1628, No. 200, s 1, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. E, Ch. 53, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 53. Abuse of Office
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5301
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 53. Abuse of Office (Refs & Annos)
>>>> s 5301. Official oppression
A person acting or purporting to act in an official capacity or taking advantage
of such actual or purported capacity commits a misdemeanor of the second degree
if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment,
dispossession, assessment, lien or other infringement of personal or property
rights; or
(2) denies or impedes another in the exercise or enjoyment of any right,
privilege, power or immunity.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5302
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 53. Abuse of Office (Refs & Annos)
>>>> s 5302. Speculating or wagering on official action or information
A public servant commits a misdemeanor of the second degree if, in contemplation
of official action by himself or by a governmental unit with which he is
associated, or in reliance on information to which he has access in his official
capacity and which has not been made public, he:
(1) acquires a pecuniary interest in any property, transaction or enterprise
which may be affected by such information or official action;
(2) speculates or wagers on the basis of such information or official action;
or
(3) aids another to do any of the foregoing.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5303
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article E. Offenses Against Public Administration
+ Chapter 53. Abuse of Office (Refs & Annos)
>>>> s 5303. Liability for reimbursement of costs for outside counsel
(a) General rule.--A public official who is convicted of a felony or a misdemeanor
under Federal law or under the laws of this Commonwealth shall be liable for and
shall reimburse any public money expended by the Commonwealth to cover the costs
incurred by an agency for outside counsel to defend the convicted public official
in connection with a criminal investigation and prosecution of such public
official.
(b) Conviction in State court.--When a public official is convicted of a felony or
misdemeanor in State court, the court shall, in addition to the punishment
prescribed for the offense, order the public official to reimburse any public
money for which he is liable under subsection (a).
Conviction in Federal court.--When a public official is convicted of a felony
or misdemeanor in a Federal court, the Attorney General shall institute a civil
action in Commonwealth Court to recover the public money for which the public
official is liable under subsection (a).
(d) Method of reimbursement.--The court may order the public official to make
reimbursement of public money in a lump sum, by monthly installments or according
to such other schedule as the court may determine appropriate. The period of time
during which the public official is ordered to make such reimbursement may exceed
the maximum term of imprisonment to which the public official could have been
sentenced for the crime of which he was convicted.
(e) Status of reimbursement.--Any reimbursement of public money ordered by the
court under this section shall be a judgment in favor of the Commonwealth upon the
public official or property of the public official ordered to make reimbursement.
The Attorney General shall be responsible for enforcing such judgment in courts of
competent jurisdiction in accordance with provisions of this title.
(f) Disposition of funds.--Any money reimbursed or recovered under this section
shall be deposited in the fund from which the Commonwealth expended such public
money.
(g) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Convicted." A finding or verdict of guilty, an admission of guilt or a plea of
nolo contendere.
"Public money." Any money received by the Commonwealth or any agency of the
Commonwealth through taxes imposed pursuant to the act of March 4, 1971 (P.L. 6,
No. 2), [FN1] known as the Tax Reform Code of 1971, and through fees, fines and
penalties imposed pursuant to the laws of this Commonwealth.
"Public official." Any person who is required to file an annual statement of
financial interests with the State Ethics Commission as a public official of the
Commonwealth in accordance with the act of October 4, 1978 (P.L. 883, No. 170),
[FN2] referred to as the Public Official and Employee Ethics Law.
CREDIT(S)
1996, July 11, P.L. 552, No. 98, s 2, effective in 60 days.
[FN1] 72 P.S. s 7101 et seq.
[FN2] 65 P.S. s 401 et seq.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. F, Ch. 55, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5501
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5501. Riot
A person is guilty of riot, a felony of the third degree, if he participates with
two or more others in a course of disorderly conduct:
(1) with intent to commit or facilitate the commission of a felony or
misdemeanor;
(2) with intent to prevent or coerce official action; or
(3) when the actor or any other participant to the knowledge of the actor uses
or plans to use a firearm or other deadly weapon.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5502
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5502. Failure of disorderly persons to disperse upon official order
Where three or more persons are participating in a course of disorderly conduct
which causes or may reasonably be expected to cause substantial harm or serious
inconvenience, annoyance or alarm, a peace officer or other public servant engaged
in executing or enforcing the law may order the participants and others in the
immediate vicinity to disperse. A person who refuses or knowingly fails to obey
such an order commits a misdemeanor of the second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5503
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5503. Disorderly conduct
(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to
cause public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof, he:
(1) engages in fighting or threatening, or in violent or tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture; or
(4) creates a hazardous or physically offensive condition by any act which
serves no legitimate purpose of the actor.
(b) Grading.--An offense under this section is a misdemeanor of the third degree
if the intent of the actor is to cause substantial harm or serious inconvenience,
or if he persists in disorderly conduct after reasonable warning or request to
desist. Otherwise disorderly conduct is a summary offense.
Definition.--As used in this section the word "public" means affecting or
likely to affect persons in a place to which the public or a substantial group has
access; among the places included are highways, transport facilities, schools,
prisons, apartment houses, places of business or amusement, any neighborhood, or
any premises which are open to the public.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5504
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5504. Repealed by 2002, Dec. 9, P.L. 1759, No. 218, s 4, effective
in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5505
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5505. Public drunkenness and similar misconduct
A person is guilty of a summary offense if he appears in any public place
manifestly under the influence of alcohol or a controlled substance, as defined in
the act of April 14, 1972 (P.L. 233, No. 64), [FN1] known as The Controlled
Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the
lawful order of a practitioner, as defined in The Controlled Substance, Drug,
Device and Cosmetic Act, to the degree that he may endanger himself or other
persons or property, or annoy persons in his vicinity. A person convicted of
violating this section may be sentenced to pay a fine of not more than $500 for
the first violation and not more than $1,000 for the second and each subsequent
violation.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1999, June
18, P.L. 67, No. 8, s 3, effective in 60 days; 2012, Oct. 25, P.L. 1663, No. 205,
s 1, effective in 60 days [Dec. 24, 2012].
[FN1] 35 P.S. s 780-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5506
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5506. Loitering and prowling at night time
Whoever at night time maliciously loiters or maliciously prowls around a dwelling
house or any other place used wholly or in part for living or dwelling purposes,
belonging to or occupied by another, is guilty of a misdemeanor of the third
degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5507
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5507. Obstructing highways and other public passages
(a) Obstructing.--A person, who, having no legal privilege to do so, intentionally
or recklessly obstructs any highway, railroad track or public utility
right-of-way, sidewalk, navigable waters, other public passage, whether alone or
with others, commits a summary offense, or, in case he persists after warning by a
law officer, a misdemeanor of the third degree. No person shall be deemed guilty
of an offense under this subsection solely because of a gathering of persons to
hear him speak or otherwise communicate, or solely because of being a member of
such a gathering.
(b) Refusal to move on.--
(1) A person in a gathering commits a summary offense if he refuses to obey a
reasonable official request or order to move:
(i) to prevent obstruction of a highway or other public passage; or
(ii) to maintain public safety by dispersing those gathered in dangerous
proximity to a fire or other hazard.
(2) An order to move, addressed to a person whose speech or other lawful
behavior attracts an obstructing audience, shall not be deemed reasonable if the
obstruction can be readily remedied by police control of the size or location of
the gathering.
Definition.--As used in this section the word "obstructs" means renders
impassable without unreasonable inconvenience or hazard.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5508
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5508. Disrupting meetings and processions
A person commits a misdemeanor of the third degree if, with intent to prevent or
disrupt a lawful meeting, procession or gathering, he disturbs or interrupts it.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5509
Effective: December 8, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5509. Desecration, theft or sale of venerated objects
(a) Offense defined.--A person commits a misdemeanor of the second degree if he:
(1) intentionally desecrates any public monument or structure, or place of
worship or burial;
(2) intentionally desecrates any other object of veneration by the public or a
substantial segment thereof in any public place;
(3) sells, attempts to sell or removes with intent to sell a veteran's marker as
described in section 1913 of the act of August 9, 1955 (P.L. 323, No. 130),
[FN1] known as The County Code. This paragraph shall not apply to the sale of
veterans' markers authorized by statute; or
(4) intentionally receives, retains or disposes of a veteran's marker or item
decorating a veteran's grave knowing that the item has been stolen, or believing
that it has probably been stolen, unless it has been received, retained or
disposed of with the intent to return it to the owner.
(a.1) Historic burial lots and burial places.--A person commits a misdemeanor of
the first degree if the person intentionally desecrates a historic burial lot or
historic burial place.
(b) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Desecrate." Defacing, damaging, polluting or otherwise physically mistreating in
a way that the actor knows will outrage the sensibilities of persons likely to
observe or discover the action.
"Historic burial lot." An individual burial site within a historic burial place.
"Historic burial place." A tract of land which has been:
(1) in existence as a burial ground for more than 100 years; or
(2) listed in or eligible for the National Register of Historic Places as
determined by the Pennsylvania Historical and Museum Commission.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2001, May
4, P.L. 3, No. 3, s 1, effective in 60 days; 2003, Dec. 16, P.L. 233, No. 41, s
1, effective Feb. 17, 2004; 2008, Oct. 9, P.L. 1419, No. 116, s 1, effective in
60 days [Dec. 8, 2008].
[FN1] 16 P.S. s 1913.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5510
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5510. Abuse of corpse
Except as authorized by law, a person who treats a corpse in a way that he knows
would outrage ordinary family sensibilities commits a misdemeanor of the second
degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5511
Effective: August 13, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 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. ss 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.
(a.1) Guide dogs.--
(1) A person commits a misdemeanor of the third degree if he is the owner or
co-owner of a dog that kills, maims or disfigures a guide dog of an individual
who is blind, a hearing dog of an individual who is deaf or audibly impaired or
a service dog of an individual who is physically limited without provocation by
the guide, hearing or service dog or the individual.
(2) A person commits an offense under this subsection only if the person knew or
should have known that the dog he owns or co-owns had a propensity to attack
human beings or domestic animals without provocation and the owner or co-owner
knowingly or recklessly failed to restrain the dog or keep the dog in a
contained, secure manner.
(3) Any person convicted of violating the provisions of this subsection shall be
sentenced to pay a fine of not more than $5,000 and shall be ordered to make
reparations for veterinary costs in treating the guide, hearing or service dog
and, if necessary, the cost of obtaining and training a replacement guide,
hearing or service dog.
(a.2) Civil penalty and restitution.--
(1) A person who is the owner or co-owner of a dog that kills, maims or
disfigures a guide dog of an individual who is blind, a hearing dog of an
individual who is deaf or audibly impaired or a service dog of an individual who
is physically limited shall be subject to paragraph (2) if all of the following
apply:
(i) The owner or co-owner knew the dog had a propensity to attack human beings
or domestic animals.
(ii) The owner or co-owner failed to restrain the dog or keep the dog in a
contained, secure manner.
(2) A court of common pleas may impose any of the following upon any person who
is the owner or co-owner of a dog under paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating the guide, hearing or service
dog and, if necessary, the cost of retraining the dog or of obtaining and
training a replacement guide, hearing or service dog.
(iii) Loss of income for the time the individual is unable to work due to the
unavailability of the guide, hearing or service dog.
(b) Regulating certain actions concerning fowl or rabbits.--A person commits a
summary offense if he sells, offers for sale, barters, or gives away baby
chickens, ducklings, or other fowl, under one month of age, or rabbits under two
months of age, as pets, toys, premiums or novelties or if he colors, dyes, stains
or otherwise changes the natural color of baby chickens, ducklings or other fowl,
or rabbits or if he brings or transports the same into this Commonwealth. This
section shall not be construed to prohibit the sale or display of such baby
chickens, ducklings, or other fowl, or such rabbits, in proper facilities by
persons engaged in the business of selling them for purposes of commercial
breeding and raising.
Cruelty to animals.--
(1) A person commits an offense if he wantonly or cruelly illtreats, overloads,
beats, otherwise abuses any animal, or neglects any animal as to which he has a
duty of care, whether belonging to himself or otherwise, or abandons any animal,
or deprives any animal of necessary sustenance, drink, shelter or veterinary
care, or access to clean and sanitary shelter which will protect the animal
against inclement weather and preserve the animal's body heat and keep it dry.
(2) (i) Except as provided in subparagraph (ii), a person convicted of
violating paragraph (1) commits a summary offense.
(ii) A person convicted for a second or subsequent time of violating paragraph
(1) commits a misdemeanor of the third degree if all of the following occurred:
(A) The action or omission for which the person was convicted for a
subsequent time was performed on a dog or cat.
(B) The dog or cat was seriously injured, suffered severe physical distress
or was placed at imminent risk of serious physical harm as the result of the
person's action or omission.
(3) This subsection shall not apply to activity undertaken in normal
agricultural operation.
(d) Selling or using disabled horse.--A person commits a summary offense if he
offers for sale or sells any horse, which by reason of debility, disease or
lameness, or for other cause, could not be worked or used without violating the
laws against cruelty to animals, or leads, rides, drives or transports any such
horse for any purpose, except that of conveying the horse to the nearest available
appropriate facility for its humane keeping or destruction or for medical or
surgical treatment.
(e) Transporting animals in cruel manner.--A person commits a summary offense if
he carries, or causes, or allows to be carried in or upon any cart, or other
vehicle whatsoever, any animal in a cruel or inhumane manner. The person taking
him into custody may take charge of the animal and of any such vehicle and its
contents, and deposit the same in some safe place of custody, and any necessary
expenses which may be incurred for taking charge of and keeping the same, and
sustaining any such animal, shall be a lien thereon, to be paid before the same
can lawfully be recovered, or the said expenses or any part thereof remaining
unpaid may be recovered by the person incurring the same from the owner of said
creature in any action therefor.
For the purposes of this section, it shall not be deemed cruel or inhumane to
transport live poultry in crates so long as not more than 15 pounds of live
poultry are allocated to each cubic foot of space in the crate.
(e.1) Transporting equine animals in cruel manner.--Notwithstanding any other
provision of law, a person commits a summary offense for each equine animal if the
person carries, or causes or allows to be carried, any equine animal in or upon
any conveyance or other vehicle whatsoever with two or more levels stacked on top
of one another. A person who violates this subsection on a second or subsequent
occasion commits a misdemeanor of the third degree for each equine animal
transported.
(f) Hours of labor of animals.--A person commits a summary offense if he leads,
drives, rides or works or causes or permits any other person to lead, drive, ride
or work any horse, mare, mule, ox, or any other animal, whether belonging to
himself or in his possession or control, for more than 15 hours in any 24 hour
period, or more than 90 hours in any one week.
Nothing in this subsection contained shall be construed to warrant any persons
leading, driving, riding or walking any animal a less period than 15 hours, when
so doing shall in any way violate the laws against cruelty to animals.
(g) Cruelty to cow to enhance appearance of udder.--A person commits a summary
offense if he kneads or beats or pads the udder of any cow, or willfully allows it
to go unmilked for a period of 24 hours or more, for the purpose of enhancing the
appearance or size of the udder of said cow, or by a muzzle or any other device
prevents its calf, if less than six weeks old, from obtaining nourishment, and
thereby relieving the udder of said cow, for a period of 24 hours.
(h) Specific violations; prima facie evidence of violation.--
(1)(i) A person commits a summary offense if the person crops, trims or cuts
off, or causes or procures to be cropped, trimmed or cut off, the whole or part
of the ear or ears of a dog.
(ii) The provisions of this paragraph shall not prevent a veterinarian from
cropping, trimming or cutting off the whole or part of the ear or ears of a dog
when the dog is anesthetized and shall not prevent any person from causing or
procuring the cropping, trimming or cutting off of a dog's ear or ears by a
veterinarian.
(iii) The possession by any person of a dog with an ear or ears cropped,
trimmed or cut off and with the wound or incision site resulting therefrom
unhealed, or any such dog being found in the charge or custody of any person or
confined upon the premises owned by or under the control of any person, shall
be prima facie evidence of a violation of this subsection by the person except
as provided for in this subsection.
(iv) A person who procures the cropping, trimming or cutting off of the whole
or part of an ear or ears of a dog shall record the procedure. The record
shall include the name of the attending veterinarian and the date and location
at which the procedure was performed. The record shall be kept as long as the
wound or incision site is unhealed and shall be transferred with the dog during
that period of time.
(2)(i) A person commits a summary offense if the person debarks a dog by
cutting, causing or procuring the cutting of its vocal cords or by altering,
causing or procuring the alteration of any part of its resonance chamber.
(ii) The provisions of this paragraph shall not prevent a veterinarian from
cutting the vocal cords or otherwise altering the resonance chamber of a dog
when the dog is anesthetized and shall not prevent a person from causing or
procuring a debarking procedure by a veterinarian.
(iii) The possession by any person of a dog with the vocal cords cut or the
resonance chamber otherwise altered and with the wound or incision site
resulting therefrom unhealed, or any such dog being found in the charge or
custody of any person or confined upon the premises owned by or under the
control of any person, shall be prima facie evidence of a violation of this
paragraph by the person, except as provided in this paragraph.
(iv) A person who procures the cutting of vocal cords or the alteration of the
resonance chamber of a dog shall record the procedure. The record shall
include the name of the attending veterinarian and the date and location at
which the procedure was performed. The record shall be kept as long as the
wound or incision site is unhealed and shall be transferred with the dog during
that period of time.
(3)(i) A person commits a summary offense if the person docks, cuts off, causes
or procures the docking or cutting off of the tail of a dog over five days old.
(ii) The provisions of this paragraph shall not prevent a veterinarian from
docking, cutting off or cropping the whole or part of the tail of a dog when
the dog is at least 12 weeks of age and the procedure is performed using
general anesthesia and shall not prevent a person from causing or procuring the
cutting off or docking of a tail of a dog by a veterinarian as provided in this
paragraph.
(iii) The provisions of this section shall not prevent a veterinarian from
surgically removing, docking, cutting off or cropping the tail of a dog between
five days and 12 weeks of age if, in the veterinarian's professional judgment,
the procedure is medically necessary for the health and welfare of the dog. If
the procedure is performed, it shall be done in accordance with generally
accepted standards of veterinary practice.
(iv) The possession by any person of a dog with a tail cut off or docked and
with the wound or incision site resulting therefrom unhealed, or any such dog
being found in the charge or custody of any person or confined upon the
premises owned by or under the control of any person, shall be prima facie
evidence of a violation of this paragraph by the person, except as provided in
this paragraph.
(v) A person who procures the cutting off or docking of a tail of a dog shall
record the procedure. The record shall include the name of the attending
veterinarian and the date and location at which the procedure was performed.
The record shall be kept as long as the wound or incision site is unhealed and
shall be transferred with the dog during that period of time.
(4)(i) A person commits a summary offense if the person surgically births or
causes or procures a surgical birth.
(ii) The provisions of this section shall not prevent a veterinarian from
surgically birthing a dog when the dog is anesthetized and shall not prevent
any person from causing or procuring a surgical birthing by a veterinarian.
(iii) The possession by any person of a dog with a wound or incision site
resulting from a surgical birth unhealed, or any such dog being found in the
charge or custody of any person or confined upon the premises owned by or under
the control of any person, shall be prima facie evidence of a violation of this
paragraph by the person, except as provided in this paragraph.
(iv) A person who procures the surgical birth of a dog shall record the
procedure. The record shall include the name of the attending veterinarian and
the date and location at which the procedure was performed. The record shall
be kept as long as the wound or incision site is unhealed and shall be
transferred with the dog during that period of time.
(v) This paragraph shall not apply to personnel required to comply with
standards to minimize pain to an animal set forth in section 2143(a)(3) of the
Animal Welfare Act (Public Law 89-544, 7 U.S.C. s 2131 et seq.), trained in
accordance with section 2143(d) of the Animal Welfare Act, who work in a
federally registered research facility required to comply with the Animal
Welfare Act under the guidance or oversight of a veterinarian.
(5)(i) A person commits a summary offense if the person cuts off or causes or
procures the cutting off of the dewclaw of a dog over five days old.
(ii) The provisions of this paragraph shall not prevent a veterinarian from
cutting the dewclaw and shall not prevent a person from causing or procuring
the procedure by a veterinarian.
(iii) The possession by any person of a dog with the dewclaw cut off and with
the wound or incision site resulting therefrom unhealed, or any such dog being
found in the charge or custody of any person or confined upon the premises
owned by or under the control of any person, shall be prima facie evidence of a
violation of this paragraph by the person, except as provided in this
paragraph.
(iv) A person who procures the cutting off of the dewclaw of a dog shall record
the procedure. The record shall include the name of the attending veterinarian
and the date and location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is unhealed and shall be
transferred with the dog during that period of time.
(h.1) Animal fighting.--A person commits a felony of the third degree if he:
(1) for amusement or gain, causes, allows or permits any animal to engage in
animal fighting;
(2) receives compensation for the admission of another person to any place kept
or used for animal fighting;
(3) owns, possesses, keeps, trains, promotes, purchases, steals or acquires in
any manner or knowingly sells any animal for animal fighting;
(4) in any way knowingly encourages, aids or assists therein;
(5) wagers on the outcome of an animal fight;
(6) pays for admission to an animal fight or attends an animal fight as a
spectator; or
(7) knowingly permits any place under his control or possession to be kept or
used for animal fighting.
This subsection shall not apply to activity undertaken in a normal agricultural
operation.
(i) Power to initiate criminal proceedings.--An agent of any society or
association for the prevention of cruelty to animals, incorporated under the laws
of the Commonwealth, shall have the same powers to initiate criminal proceedings
provided for police officers by the Pennsylvania Rules of Criminal Procedure. An
agent of any society or association for the prevention of cruelty to animals,
incorporated under the laws of this Commonwealth, shall have standing to request
any court of competent jurisdiction to enjoin any violation of this section.
(j) Seizure of animals kept or used for animal fighting.--Any police officer or
agent of a society or association for the prevention of cruelty to animals
incorporated under the laws of this Commonwealth, shall have power to seize any
animal kept, used, or intended to be used for animal fighting. When the seizure
is made, the animal or animals so seized shall not be deemed absolutely forfeited,
but shall be held by the officer or agent seizing the same until a conviction of
some person is first obtained for a violation of subsection (h.1). The officer or
agent making such seizure shall make due return to the issuing authority, of the
number and kind of animals or creatures so seized by him. Where an animal is thus
seized, the police officer or agent is authorized to provide such care as is
reasonably necessary, and where any animal thus seized is found to be disabled,
injured or diseased beyond reasonable hope of recovery, the police officer or
agent is authorized to provide for the humane destruction of the animal. In
addition to any other penalty provided by law, the authority imposing sentence
upon a conviction for any violation of subsection (h.1) shall order the forfeiture
or surrender of any abused, neglected or deprived animal of the defendant to any
society or association for the prevention of cruelty to animals duly incorporated
under the laws of this Commonwealth and shall require that the owner pay the cost
of the keeping, care and destruction of the animal.
(k) Killing homing pigeons.--A person commits a summary offense if he shoots,
maims or kills any antwerp or homing pigeon, either while on flight or at rest, or
detains or entraps any such pigeon which carries the name of its owner.
(l) Search warrants.--Where a violation of this section is alleged, any issuing
authority may, in compliance with the applicable provisions of the Pennsylvania
Rules of Criminal Procedure, issue to any police officer or any agent of any
society or association for the prevention of cruelty to animals duly incorporated
under the laws of this Commonwealth a search warrant authorizing the search of any
building or any enclosure in which any violation of this section is occurring or
has occurred, and authorizing the seizure of evidence of the violation including,
but not limited to, the animals which were the subject of the violation. Where an
animal thus seized is found to be neglected or starving, the police officer or
agent is authorized to provide such care as is reasonably necessary, and where any
animal thus seized is found to be disabled, injured or diseased beyond reasonable
hope of recovery, the police officer or agent is authorized to provide for the
humane destruction of the animal. The cost of the keeping, care and destruction
of the animal shall be paid by the owner thereof and claims for the costs shall
constitute a lien upon the animal. In addition to any other penalty provided by
law, the authority imposing sentence upon a conviction for any violation of this
section may require that the owner pay the cost of the keeping, care and
destruction of the animal. No search warrant shall be issued based upon an
alleged violation of this section which authorizes any police officer or agent or
other person to enter upon or search premises where scientific research work is
being conducted by, or under the supervision of, graduates of duly accredited
scientific schools or where biological products are being produced for the care or
prevention of disease.
(m) Forfeiture.--In addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of this section may order
the forfeiture or surrender of any abused, neglected or deprived animal of the
defendant to any society or association for the prevention of cruelty to animals
duly incorporated under the laws of this Commonwealth.
(m.1) Fine for summary offense.--In addition to any other penalty provided by law,
a person convicted of a summary offense under this section shall pay a fine of not
less than $50 nor more than $750 or to imprisonment for not more than 90 days, or
both.
(m.2) Prohibition of ownership.--Notwithstanding any provision of law and in
addition to any other penalty provided by law, the authority imposing sentence
upon a conviction for any violation of this section may order the prohibition or
limitation of the defendant's ownership, possession, control or custody of animals
or employment with the care of animals for a period of time not to exceed the
statutory maximum term of imprisonment applicable to the offense for which
sentence is being imposed.
(n) Skinning of and selling or buying pelts of dogs and cats.--A person commits a
summary offense if he skins a dog or cat or offers for sale or exchange or offers
to buy or exchange the pelt or pelts of any dog or cat.
(o) Representation of humane society by attorney.--Upon prior authorization and
approval by the district attorney of the county in which the proceeding is held,
an association or agent may be represented in any proceeding under this section by
any attorney admitted to practice before the Supreme Court of Pennsylvania and in
good standing. Attorney's fees shall be borne by the humane society or
association which is represented.
(o.1) Construction of section.--The provisions of this section shall not supersede
the act of December 7, 1982 (P.L. 784, No. 225), [FN3] known as the Dog Law.
(p) Applicability of section.--This section shall not apply to, interfere with or
hinder any activity which is authorized or permitted pursuant to the act of June
3, 1937 (P.L.1225, No. 316), known as The Game Law or Title 34 (relating to game).
(q) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Animal fighting." Fighting or baiting any bull, bear, dog, cock or other
creature.
"Audibly impaired." The inability to hear air conduction thresholds at an average
of 40 decibels or greater in the better ear.
"Blind." Having a visual acuity of 20/200 or less in the better eye with
correction or having a limitation of the field of vision such that the widest
diameter of the visual field subtends an angular distance not greater than 20
degrees.
"Conveyance." A truck, tractor, trailer or semitrailer, or any combination of
these, propelled or drawn by mechanical power.
"Deaf." Totally impaired hearing or hearing with or without amplification which
is so seriously impaired that the primary means of receiving spoken language is
through other sensory input, including, but not limited to, lip reading, sign
language, finger spelling or reading.
"Domestic animal." Any dog, cat, equine animal, bovine animal, sheep, goat or
porcine animal.
"Domestic fowl." Any avis raised for food, hobby or sport.
"Equine animal." Any member of the Equidae family, which includes horses, asses,
mules, ponies and zebras.
"Normal agricultural operation." Normal activities, practices and procedures that
farmers adopt, use or engage in year after year in the production and preparation
for market of poultry, livestock and their products in the production and
harvesting of agricultural, agronomic, horticultural, silvicultural and
aquicultural crops and commodities.
"Physically limited." Having limited ambulation, including, but not limited to, a
temporary or permanent impairment or condition that causes an individual to use a
wheelchair or walk with difficulty or insecurity, affects sight or hearing to the
extent that an individual is insecure or exposed to danger, causes faulty
coordination or reduces mobility, flexibility, coordination or perceptiveness.
"Zoo animal." Any member of the class of mammalia, aves, amphibia or reptilia
which is kept in a confined area by a public body or private individual for
purposes of observation by the general public.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1973, Dec.
12, P.L. 387, No. 137, s 1, imd. effective; 1978, April 28, P.L. 202, No. 53, s
7(7), effective June 27, 1978; 1980, July 10, P.L. 518, No. 107, s 1, effective
in 60 days; 1984, Dec. 21, P.L. 1210, No. 230, s 5, effective in 60 days; 1986,
July 8, P.L. 442, No. 93, s 2, eff. July 1, 1987; 1986, Dec. 16, P.L. 1671, No.
191, s 1, effective in 60 days; 1994, April 29, P.L. 146, No. 24, s 1, effective
in 60 days; 1995, July 6, P.L. 238, No. 27, s 2, effective in 60 days; 2000,
Oct. 18, P.L. 605, No. 80, s 1, effective in 60 days; 2001, June 25, P.L. 694,
No. 64, s 1, effective in 60 days; 2002, Dec. 9, P.L. 1439, No. 183, s 1,
effective in 60 days; 2004, Dec. 8, P.L. 1789, No. 236, s 1, imd. effective;
2009, Aug. 27, P.L. 372, No. 38, s 1; 2012, June 13, P.L. 634, No. 62, s 1,
effective in 60 days [Aug. 13, 2012].
[FN1] 3 P.S. s 328.1 et seq.
[FN2] 34 P.S. s 1311.1 et seq. (repealed); see now, 34 Pa.C.S.A. s 101 et
seq.
[FN3] 3 P.S. s 459-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5511.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5511.1. Live animals as prizes prohibited
(a) General rule.--No person shall give or offer to give away any live animal,
except fish, as a prize in any drawing, lottery, contest, sweepstakes or other
game. No person operating any drawing, lottery, contest, sweepstake or other game
shall sell or offer to sell any live animal, except fish, in conjunction with the
operation of a drawing, lottery, contest, sweepstakes or other game.
(b) Exception.--
(1) This section shall not apply to any domestic animal given away or sold in
connection with any agricultural, educational or vocational program sponsored or
sanctioned by the Department of Agriculture.
(2) The Department of Agriculture shall promulgate the rules and regulations
necessary to provide the conditions and requirements of live animal offerings
under this subsection.
Construction of section.--The provisions of this section shall not supersede
the act of December 7, 1982 (P.L. 784, No. 225), [FN1] known as the Dog Law.
(d) Penalty.--A violation of this section constitutes a summary offense punishable
by a fine of not more than $250.
CREDIT(S)
1994, April 29, P.L. 146, No. 24, s 2, effective in 60 days. Amended 1998, Dec.
21, P.L. 1240, No. 157, s 2, effective in 60 days.
[FN1] 3 P.S. s 459-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5511.2
Effective: February 21, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5511.2. Police animals
(a) Illegal to taunt police animals.--It shall be unlawful for any person to
willfully or maliciously taunt, torment, tease, beat, kick or strike a police
animal. Any person who violates any of the provisions of this subsection commits
a felony of the third degree.
(b) Illegal to torture police animals.--It shall be unlawful for any person to
willfully or maliciously torture, mutilate, injure, disable, poison or kill a
police animal. Any person who violates any of the provisions of this subsection
commits a felony of the third degree.
Restitution.--In any case in which a defendant is convicted of a violation of
subsection (a) or (b), the defendant shall be ordered to make restitution to the
agency or individual owning the animal for any veterinary bills, for replacement
costs of the animal if it is disabled or killed and for the salary of the animal's
handler for the period of time the handler's services are lost to the agency.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Accelerant detection dog." A dog which is trained for accelerant detection,
commonly referred to as arson canines.
"Bomb detection dog." A dog which is trained to locate a bomb or explosives by
scent.
"Narcotic detection dog." A dog which is trained to locate narcotics by scent.
"Police animal." An animal, including, but not limited to, dogs and horses, used
by the Pennsylvania State Police, a police department created by a metropolitan
transportation authority operating under 74 Pa.C.S. Ch. 17 (relating to
metropolitan transportation authorities), a police department created pursuant to
the act of April 6, 1956 (1955 P.L. 1414, No. 465) [FN1], known as the Second
Class County Port Authority Act, the Capitol Police, the Department of
Corrections, a county facility or office or by a municipal police department, fire
department, search and rescue unit or agency or handler under the supervision of
such department, search and rescue unit or agency in the performance of the
functions or duties of such department, search and rescue unit or agency, whether
the animal is on duty or not on duty. The term shall include, but not be limited
to, an accelerant detection dog, bomb detection dog, narcotic detection dog,
search and rescue dog and tracking animal.
"Search and rescue dog." A dog which is trained to locate lost or missing
persons, victims of natural or manmade disasters and human bodies.
"Tracking animal." An animal which is trained to track or used to pursue a
missing person, escaped inmate or fleeing felon.
CREDIT(S)
1999, June 22, P.L. 118, No. 19, s 1, effective in 60 days. Amended 2005, Dec.
22, P.L. 483, No. 96, s 1, effective in 60 days [Feb. 21, 2006].
[FN1] 55 P.S. s 551 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5511.3
Effective: June 25, 2001
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5511.3. Assault with a biological agent on animal, fowl or honey
bees
(a) Offense defined.--A person commits a felony of the second degree if the person
intentionally, knowingly or maliciously exposes or causes to be exposed an animal,
fowl or honey bees to any virus, bacteria, prion or other agent which causes
infectious disease, including any of the following:
(1) Foot-and-mouth disease.
(2) Bovine spongiform encephalopathy (BSE), commonly known as mad cow disease.
(3) Avian influenza.
(4) Varroamite. [FN1]
(b) Restitution.--The person convicted of violating this section shall, in
addition to any other sentence imposed, be sentenced to pay the owner of the
afflicted animal, fowl or honey bees restitution in an amount equal to the cost of
the financial damages incurred as a result of the offense, including the
following:
(1) Value of afflicted animal, fowl or honey bees.
(2) Disposal of afflicted animal, fowl or honey bees.
(3) Testing for disease on existing animal.
(4) Cleanup and sanitization of property and buildings on and in which afflicted
animals, fowl or honey bees were located.
(5) Liability insurance for cleanup and sanitization workers.
(6) Soil testing of property.
(7) Loss revenue for aggrieved owner of afflicted animal, fowl or honey bees.
Exceptions.--The provisions of this section shall not apply to research or
veterinarian services, including immunizations, vaccinations or other treatments
administered during the normal scope of practice.
CREDIT(S)
2001, June 25, P.L. 619, No. 54, s 1, imd. effective.
[FN1] So in enrolled bill; should probably be "varroa mite".
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5512
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5512. Lotteries, etc.
(a) Status of activity.--All unlawful lotteries or numbers games are hereby
declared to be common nuisances. Every transfer of property which shall be in
pursuance of any unlawful lottery or numbers game is hereby declared to be invalid
and void.
(b) Offense defined.--A person is guilty of a misdemeanor of the first degree if
he:
(1) sets up, or maintains, any lottery or numbers game;
(2) manufactures or prints, or sells, exposes for sale or has in his possession
with intent to sell any unlawful lottery or numbers ticket or share, or any
writing, token or other device purporting or intending to entitle the holder or
bearer, or any other person, to any prize to be drawn or obtained in any
lottery, or numbers game; or
(3) publishes any advertisement of any lottery or numbers game.
Status of purchaser.--The purchaser of any such ticket, or device, shall not
be liable to any prosecution or penalty arising out of this crime, and shall in
all respects be a competent witness to prove the offense.
(d) Definition.--As used in this section the term "unlawful" means not
specifically authorized by law.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5513
Effective: June 30, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5513. Gambling devices, gambling, etc.
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if
he:
(1) intentionally or knowingly makes, assembles, sets up, maintains, sells,
lends, leases, gives away, or offers for sale, loan, lease or gift, any punch
board, drawing card, slot machine or any device to be used for gambling
purposes, except playing cards;
(2) allows persons to collect and assemble for the purpose of unlawful gambling
at any place under his control;
(3) solicits or invites any person to visit any unlawful gambling place for the
purpose of gambling; or
(4) being the owner, tenant, lessee or occupant of any premises, knowingly
permits or suffers the same, or any part thereof, to be used for the purpose of
unlawful gambling.
(a.1) Electronic video monitor.--A person commits a misdemeanor of the first
degree if he owns, operates, maintains, places into operation or has a financial
interest in an electronic video monitor or business that owns, operates, maintains
or places into operation or has a financial interest in an electronic video
monitor:
(1) which is offered or made available to persons to play or participate in a
simulated gambling program for direct or indirect consideration, including
consideration associated with a related product, service or activity; and
(2) for which the person playing the simulated gambling program may become
eligible for a cash or cash-equivalent prize, whether or not the eligibility for
or value of the cash or cash-equivalent prize is determined by or has any
relationship to the outcome of or play of the simulated gambling program.
(b) Confiscation of gambling devices.--Any gambling device possessed or used in
violation of the provisions of subsection (a) of this section shall be seized and
forfeited to the Commonwealth. All provisions of law relating to the seizure,
summary and judicial forfeiture, and condemnation of intoxicating liquor shall
apply to seizures and forfeitures under the provisions of this section.
Antique slot machines.--
(1) A slot machine shall be established as an antique slot machine if the
defendant shows by a preponderance of the evidence that it was manufactured at
least 25 years before the current year and that it was not used or attempted to
be used for any unlawful purposes. Notwithstanding subsection (b), no antique
slot machine seized from any defendant shall be destroyed or otherwise altered
until the defendant is given an opportunity to establish that the slot machine
is an antique slot machine. After a final court determination that the slot
machine is an antique slot machine, the slot machine shall be returned pursuant
to the provisions of law providing for the return of property; otherwise, the
slot machine shall be destroyed.
(2) It is the purpose of this subsection to protect the collection and
restoration of antique slot machines not presently utilized for gambling
purposes.
(d) Shipbuilding business.--Notwithstanding any other provisions of this section,
a person may construct, deliver, convert or repair a vessel that is equipped with
gambling devices if all of the following conditions are satisfied:
(1) The work performed on the vessel is ordered by a customer who uses or
possesses the vessel outside of this Commonwealth in a locality where the use or
possession of the gambling devices on the vessel is lawful.
(2) The work performed on the vessel that is equipped with gambling devices is
performed at a shipbuilding or repair yard located within a port facility under
the jurisdiction of any port authority organized under the act of December 6,
1972 (P.L. 1392, No. 298), [FN1] known as the Third Class City Port Authority
Act.
(3) The person provides the Office of Attorney General, prior to the importation
of the gambling devices into this Commonwealth, records that account for the
gambling devices, including the identification number affixed to each gambling
device by the manufacturer, and that identify the location where the gambling
devices will be stored prior to the installation of the gambling devices on the
vessel.
(4) The person stores the gambling devices at a secured location and permits any
person authorized to enforce the gambling laws to inspect the location where the
gambling devices are stored and records relating to the storage of the gambling
devices.
(5) If the person removes used gambling devices from a vessel, the person shall
provide the Office of Attorney General of Pennsylvania with an inventory of the
used gambling devices prior to their removal from the vessel. The inventory
shall include the identification number affixed to each gambling device by the
manufacturer.
(6) The person submits documentation to the Office of Attorney General of
Pennsylvania no later than 30 days after the date of delivery that the vessel
equipped with gambling devices has been delivered to the customer who ordered
the work performed on the vessel.
(7) The person does not sell a gambling device to any other person except to a
customer who shall use or possess the gambling device outside of this
Commonwealth in a locality where the use or possession of the gambling device is
lawful. If a person sells a gambling device to such a customer, the person
shall submit documentation to the Office of Attorney General of Pennsylvania no
later than 30 days after the date of delivery that the gambling device has been
delivered to the customer.
(e) Penalty.--Any person who fails to provide records as provided in subsection
(d) commits a summary offense.
(e.1) Construction.--Nothing in this section shall be construed to prohibit any
activity that is lawfully conducted under any of the following:
(1) The act of August 26, 1971 (P.L. 351, No. 91), [FN2] known as the State
Lottery Law.
(2) The act of July 10, 1981 (P.L. 214, No. 67), [FN3] known as the Bingo Law.
(3) The act of December 19, 1988 (P.L. 1262, No. 156), [FN4] known as the Local
Option Small Games of Chance Act.
(4) 4 Pa.C.S. (relating to amusements).
(f) Definitions.-- The following words and phrases when used in this section shall
have the meanings given to them in this subsection unless the context clearly
indicates otherwise:
"Consideration associated with a related product, service or activity." Money or
other value collected for a product, service or activity which is offered in any
direct or indirect relationship to playing or participating in the simulated
gambling program. The term includes consideration paid for computer time,
Internet time, telephone calling cards and a sweepstakes entry.
"Electronic video monitor." An electronic device capable of showing moving or
still images.
"Simulated gambling program." Any method intended to be used by a person
interacting with an electronic video monitor in a business establishment that
directly or indirectly implements the predetermination of sweepstakes cash or
cash-equivalent prizes or otherwise connects the sweepstakes player or participant
with the cash or cash-equivalent prize.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1978, July
1, P.L. 572, No. 103, s 1, effective in 30 days; 1996, July 11, P.L. 552, No. 98,
s 3, imd. effective; 2002, May 16, P.L. 325, No. 48, s 1, effective in 60 days;
2012, June 30, P.L. 682, No. 81, s 1, imd. effective.
[FN1] 55 P.S. s 571 et seq.
[FN2] 72 P.S. s 371-101 et seq.
[FN3] 10 P.S. s 301 et seq.
[FN4] 10 P.S. s 328.101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5514
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5514. Pool selling and bookmaking
A person is guilty of a misdemeanor of the first degree if he:
(1) engages in pool selling or bookmaking;
(2) occupies any place for the purpose of receiving, recording or registering
bets or wagers, or of selling pools;
(3) receives, records, registers, forwards, or purports or pretends to forward,
to another, any bet or wager upon the result of any political nomination,
appointment or election, or upon any contest of any nature;
(4) becomes the custodian or depository, for gain or ward, of any property
staked, wagered or pledged, or to be staked, wagered, or pledged upon any such
result; or
(5) being the owner, lessee, or occupant of any premises, knowingly permits or
suffers the same, to be used or occupied for any of such purposes.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5515
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5515. Prohibiting of paramilitary training
(a) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Civil disorder." Any public disturbance involving acts of violence by
assemblages of three or more persons, which causes an immediate danger of or
results in damage or injury to the property or person of any other individual.
"Explosive or incendiary device." Includes:
(1) dynamite and all other forms of high explosives;
(2) any explosive bomb, grenade, missile or similar device; and
(3) any incendiary bomb or grenade, fire bomb or similar device, including any
device which:
(i) consists of or includes a breakable container including a flammable liquid
or compound and a wick composed of any material which, when ignited, is capable
of igniting such flammable liquid or compound; and
(ii) can be carried or thrown by one individual acting alone.
"Firearm." Any weapon which is designed to or may readily be converted to expel
any projectile by the action of an explosive; or the frame or receiver of any
such weapon.
"Law enforcement officer." Any officer or employee of the United States, any
state, any political subdivision of a state or the District of Columbia and such
term shall specifically include, but shall not be limited to, members of the
National Guard, as defined in 10 U.S.C. s 101(9), members of the organized militia
of any state or territory of the United States, the Commonwealth of Puerto Rico or
the District of Columbia, not included within the definition of National Guard as
defined by 10 U.S.C. s 101(9) and members of the armed forces of the United
States.
(b) Prohibited training.--
(1) Whoever teaches or demonstrates to any other person the use, application or
making of any firearm, explosive or incendiary device or technique capable of
causing injury or death to persons, knowing or having reason to know or
intending that same will be unlawfully employed for use in, or in furtherance
of, a civil disorder commits a misdemeanor of the first degree.
(2) Whoever assembles with one or more persons for the purpose of training with,
practicing with or being instructed in the use of any firearm, explosive or
incendiary device or technique capable of causing injury or death to persons,
said person intending to employ unlawfully the same for use in or in furtherance
of a civil disorder commits a misdemeanor of the first degree.
Exemptions.--Nothing contained in this section shall make unlawful any act of
any law enforcement officer which is performed in the lawful performance of his
official duties.
(d) Excluded activities.--Nothing contained in this section shall make unlawful
any activity of the Game Commission, Fish and Boat Commission, or any law
enforcement agency, or any hunting club, rifle club, rifle range, pistol range,
shooting range or other program or individual instruction intended to teach the
safe handling or use of firearms, archery equipment or other weapons or techniques
employed in connection with lawful sports or other lawful activities.
CREDIT(S)
1982, June 11, P.L. 476, No. 138, s 2, effective in 180 days. Amended 1992, March
19, P.L. 18, No. 7, s 2, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5516
Effective: August 27, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5516. Facsimile weapons of mass destruction
(a) Offense defined.--A person commits an offense if the person intentionally,
knowingly or recklessly manufactures, sells, purchases, transports or causes
another to transport, delivers or causes another to deliver, possesses or uses a
facsimile weapon of mass destruction and by such action causes any of the
following:
(1) Terrifying, intimidating, threatening or harassing an individual.
(2) Alarm or reaction on the part of any of the following:
(i) A public or volunteer organization that deals with emergencies involving
danger to life or property.
(ii) A law enforcement organization.
(3) Serious public inconvenience not limited to the evacuation of a building,
place of assembly or facility of public transportation.
(b) Grading.--An offense under this section is a felony of the third degree.
(b.1) Restitution.--A person convicted of violating this section shall, in
addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. s
9721 (relating to sentencing generally), be sentenced to pay restitution in an
amount equal to the cost of the evacuation, including, but not limited to, fire
and police response; emergency medical service or emergency preparedness
response; and transportation of an individual from the building, place of
assembly or facility.
(b.2) Preservation of private remedies.--No judgment or order of restitution shall
debar a person, by appropriate action, to recover from the offender as otherwise
provided by law, provided that any civil award shall be reduced by the amount paid
under the criminal judgment.
(b.3) Enforcement.--
(1) In addition to the authority conferred upon the Attorney General under
sections 205 and 206 of the act of October 15, 1980 (P.L. 950, No. 164), [FN1]
known as the Commonwealth Attorneys Act, the Attorney General has the authority
to investigate and to institute criminal proceedings for a violation of this
section committed:
(i) anywhere in this Commonwealth;
(ii) in different counties; or
(iii) in this Commonwealth and another jurisdiction.
(2) Each district attorney has the authority to investigate and to institute
criminal proceedings for a violation of this section.
(b.4) Jurisdiction.--No person charged with a violation of this section shall have
standing to challenge the authority of the Attorney General under subsection
(g)(1). If a challenge is made in violation of this subsection, the challenge
shall be dismissed, and no relief shall be available in the courts of this
Commonwealth to the person making the challenge.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Facsimile biological agent." A material or substance which:
(1) resembles in appearance and external qualities a natural or genetically
engineered pathogen, toxin, virus, bacteria, prion, fungus or microorganism
which causes infections, disease or bodily harm; but
(2) does not have the capacity to cause infectious disease or bodily harm.
"Facsimile bomb." A device which:
(1) resembles in appearance and external qualities an explosive or incendiary
device; but
(2) does not have the capability to cause an explosion or fire.
"Facsimile chemical agent." A material or substance which does not have the
capacity to cause death or bodily harm but which resembles in appearance and
external qualities any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and
arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Nitrogen mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes death or bodily harm.
"Facsimile nuclear agent." A device, material or substance which:
(1) resembles in appearance and external qualities a radioactive material; but
(2) is not radioactive.
"Facsimile weapon of mass destruction." A facsimile biological agent, facsimile
bomb, facsimile chemical agent or facsimile nuclear agent.
CREDIT(S)
1997, Oct. 31, P.L. 491, No. 50, s 1, effective in 60 days. Amended 2002, June
28, P.L. 481, No. 82, s 5, effective in 60 days.
[FN1] 71 P.S. ss 732-205, 732-206.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5517
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs &
Annos)
>>>> s 5517. Unauthorized school bus entry
(a) Offense defined.--A person who enters a school bus without prior authorization
of the driver or a school official with intent to commit a crime or disrupt or
interfere with the driver or a person who enters a school bus without prior
authorization of the driver or a school official who refuses to disembark after
being ordered to do so by the driver commits a misdemeanor of the third degree.
(b) Notice.--A school district may place a notice at the entrance of the school
bus that warns against unauthorized entry.
CREDIT(S)
1998, June 11, P.L. 460, No. 65, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. F, Ch. 57, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. F, Ch. 57,
Subch. A, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance
+ Subchapter A. General Provisions
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5701
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 5701. Short title of chapter
This chapter shall be known and may be cited as the "Wiretapping and Electronic
Surveillance Control Act."
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5702
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 5702. Definitions
As used in this chapter, the following words and phrases shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Aggrieved person." A person who was a party to any intercepted wire, electronic
or oral communication or a person against whom the interception was directed.
"Aural transfer." A transfer containing the human voice at any point between and
including the point of origin and the point of reception.
"Communication common carrier." Any person engaged as a common carrier for hire,
in intrastate, interstate or foreign communication by wire or radio or in
intrastate, interstate or foreign radio transmission of energy; however, a person
engaged in radio broadcasting shall not, while so engaged, be deemed a common
carrier.
"Communication service." Any service which provides to users the ability to send
or receive wire or electronic communications.
"Communication system." Any wire, radio, electromagnetic, photo-optical or
photoelectronic facilities for the transmission of communications and any computer
facilities or related electronic equipment for the electronic storage of such
communications.
"Contents." As used with respect to any wire, electronic or oral communication,
is any information concerning the substance, purport, or meaning of that
communication.
"Court." The Superior Court. For the purposes of Subchapter C only, the term
shall mean the court of common pleas.
"Crime of violence." Any of the following:
(1) Any of the following crimes:
(i) Murder in any degree as defined in section 2502(a), (b) or (relating to
murder).
(ii) Voluntary manslaughter as defined in section 2503 (relating to voluntary
manslaughter), drug delivery resulting in death as defined in section 2506(a)
(relating to drug delivery resulting in death), aggravated assault as defined
in section 2702(a)(1) or (2) (relating to aggravated assault), kidnapping as
defined in section 2901(a) or (a.1) (relating to kidnapping), rape as defined
in section 3121(a), or (d) (relating to rape), involuntary deviate sexual
intercourse as defined in section 3123(a), (b) or (relating to involuntary
deviate sexual intercourse), sexual assault as defined in section 3124.1
(relating to sexual assault), aggravated indecent assault as defined in section
3125(a) or (b) (relating to aggravated indecent assault), incest as defined in
section 4302(a) or (b) (relating to incest), arson as defined in section
3301(a) (relating to arson and related offenses), burglary as defined in
section 3502(a)(1) (relating to burglary), robbery as defined in section
3701(a)(1)(i), (ii) or (iii) (relating to robbery) or robbery of a motor
vehicle as defined in section 3702(a) (relating to robbery of a motor vehicle).
(iii) Intimidation of witness or victim as defined in section 4952(a) and (b)
(relating to intimidation of witnesses or victims).
(iv) Retaliation against witness, victim or party as defined in section 4953(a)
and (b) (relating to retaliation against witness, victim or party).
(v) Criminal attempt as defined in section 901(a)(relating to criminal
attempt), criminal solicitation as defined in section 902(a) (relating to
criminal solicitation) or criminal conspiracy as defined in section 903(a)
(relating to criminal conspiracy) to commit any of the offenses specified in
this definition.
(2) Any offense equivalent to an offense under paragraph (1) under the laws of
this Commonwealth in effect at the time of the commission of that offense or
under the laws of another jurisdiction.
"Electronic communication." Any transfer of signs, signals, writing, images,
sounds, data or intelligence of any nature transmitted in whole or in part by a
wire, radio, electromagnetic, photoelectronic or photo-optical system, except:
(1) Deleted.
(2) Any wire or oral communication.
(3) Any communication made through a tone-only paging device.
(4) Any communication from a tracking device (as defined in this section).
"Electronic, mechanical or other device." Any device or apparatus, including, but
not limited to, an induction coil or a telecommunication identification
interception device, that can be used to intercept a wire, electronic or oral
communication other than:
(1) Any telephone or telegraph instrument, equipment or facility, or any
component thereof, furnished to the subscriber or user by a provider of wire or
electronic communication service in the ordinary course of its business, or
furnished by such subscriber or user for connection to the facilities of such
service and used in the ordinary course of its business, or being used by a
communication common carrier in the ordinary course of its business, or by an
investigative or law enforcement officer in the ordinary course of his duties.
(2) A hearing aid or similar device being used to correct subnormal hearing to
not better than normal.
(3) Equipment or devices used to conduct interceptions under section 5704(15)
(relating to exceptions to prohibition of interception and disclosure of
communications).
"Electronic storage."
(1) Any temporary, intermediate storage of a wire or electronic communication
incidental to the electronic transmission thereof.
(2) Any storage of such a communication by an electronic communication service
for purpose of backup protection of the communication.
"Home." The residence of a nonconsenting party to an interception, provided that
access to the residence is not generally permitted to members of the public and
the party has a reasonable expectation of privacy in the residence under the
circumstances.
"In-progress trace." The determination of the origin of a telephonic
communication to a known telephone during an interception.
"Intercept." Aural or other acquisition of the contents of any wire, electronic
or oral communication through the use of any electronic, mechanical or other
device. The term shall include the point at which the contents of the
communication are monitored by investigative or law enforcement officers. The
term shall not include the acquisition of the contents of a communication made
through any electronic, mechanical or other device or telephone instrument to an
investigative or law enforcement officer, or between a person and an investigative
or law enforcement officer, where the investigative or law enforcement officer
poses as an actual person who is the intended recipient of the communication,
provided that the Attorney General, a deputy attorney general designated in
writing by the Attorney General, a district attorney or an assistant district
attorney designated in writing by a district attorney of the county wherein the
investigative or law enforcement officer is to receive or make the communication
has reviewed the facts and is satisfied that the communication involves suspected
criminal activities and has given prior approval for the communication.
"Investigative or law enforcement officer." Any officer of the United States, of
another state or political subdivision thereof or of the Commonwealth or political
subdivision thereof, who is empowered by law to conduct investigations of or to
make arrests for offenses enumerated in this chapter or an equivalent crime in
another jurisdiction, and any attorney authorized by law to prosecute or
participate in the prosecution of such offense.
"Judge." When referring to a judge authorized to receive applications for, and to
enter, orders authorizing interceptions of wire, electronic or oral communications
pursuant to Subchapter B (relating to wire, electronic or oral communication), any
judge of the Superior Court.
"Mobile communications tracking information." Information generated by a
communication common carrier or a communication service which indicates the
location of an electronic device supported by the communication common carrier or
communication service.
"One call system." A communication system established by users to provide a
single telephone number for contractors or designers or any other person to call
notifying users of the caller's intent to engage in demolition or excavation work.
"Oral communication." Any oral communication uttered by a person possessing an
expectation that such communication is not subject to interception under
circumstances justifying such expectation. The term does not include any
electronic communication.
"Organized crime."
(1) The unlawful activity of an association trafficking in illegal goods or
services, including but not limited to, gambling, prostitution, loan sharking,
controlled substances, labor racketeering, or other unlawful activities; or
(2) any continuing criminal conspiracy or other unlawful practice which has as
its objective:
(i) large economic gain through fraudulent or coercive practices; or
(ii) improper governmental influence.
"Pen register." A device which is used to capture, record or decode electronic or
other impulses which identify the numbers dialed or otherwise transmitted, with
respect to wire or electronic communications, on the targeted telephone. The term
includes a device which is used to record or decode electronic or other impulses
which identify the existence of incoming and outgoing wire or electronic
communications on the targeted telephone. The term does not include a device used
by a provider or customer of a wire or electronic communication service for
billing, or recording as an incident to billing, for communication service
provided by the provider, or any device used by a provider, or customer of a wire
communication service for cost accounting or other like purposes in the ordinary
course of business.
"Person." Any employee, or agent of the United States or any state or political
subdivision thereof, and any individual, partnership, association, joint stock
company, trust or corporation.
"Readily accessible to the general public." As used with respect to a radio
communication, that such communication is not:
(1) scrambled or encrypted;
(2) transmitted using modulation techniques of which the essential parameters
have been withheld from the public with the intention of preserving the privacy
of the communication;
(3) carried on a subscriber or other signal subsidiary to a radio transmission;
(4) transmitted over a communication system provided by a common carrier, unless
the communication is a tone-only paging system communication; or
(5) transmitted on frequencies allocated under 47 CFR Parts 25, 74D, E, F or 94,
unless, in the case of a communication transmitted on a frequency allocated
under Part 74 which is not exclusively allocated to broadcast auxiliary
services, the communication is a two-way voice communication by radio.
"Remote computing service." The provision to the public of computer storage or
processing services by means of an electronic communications system.
"Signed, written record." A memorialization of the contents of any wire,
electronic or oral communication intercepted in accordance with this subchapter,
including the name of the investigative or law enforcement officer who transcribed
the record, kept in electronic, paper or any form. The signature of the
transcribing officer shall not be required to be written, but may be electronic.
"State." Any state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico and any territory or possession of the United States.
"Suspected criminal activity." A particular offense that has been, is or is about
to occur as set forth under section 5709(3)(ii) (relating to application for
order), any communications to be intercepted as set forth under section
5709(3)(iii) or any of the criminal activity set forth under section 5709(3)(iv)
establishing probable cause for the issuance of an order.
"Telecommunication identification interception device." Any equipment or device
capable of intercepting any electronic communication which contains any electronic
serial number, mobile identification number, personal identification number or
other identification number assigned by a telecommunication service provider for
activation or operation of a telecommunication device.
"Tracking device." An electronic or mechanical device which permits only the
tracking of the movement of a person or object.
"Trap and trace device." A device which captures the incoming electronic or other
impulses which identify the originating number of an instrument or device from
which a wire or communication was transmitted. The term includes caller ID,
deluxe caller ID or any other features available to ascertain the telephone
number, location or subscriber information of a facility contacting the facility
whose communications are to be intercepted.
"User." Any person or entity who:
(1) uses an electronic communication service; and
(2) is duly authorized by the provider of the service to engage in the use.
"Wire communication." Any aural transfer made in whole or in part through the use
of facilities for the transmission of communication by wire, cable or other like
connection between the point of origin and the point of reception, including the
use of such a connection in a switching station, furnished or operated by a
telephone, telegraph or radio company for hire as a communication common carrier.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1981, Dec.
23, P.L. 593, No. 175, s 1, effective in 60 days; 1988, Oct. 21, P.L. 1000, No.
115, s 3, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s 5, imd. effective;
2002, Dec. 9, P.L. 1350, No. 162, s 3, effective in 60 days; 2012, Oct. 25, P.L.
1634, No. 202, s 1, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. F, Ch. 57,
Subch. B, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance
+ Subchapter B. Wire, Electronic or Oral Communication
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5703
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5703. Interception, disclosure or use of wire, electronic or oral
communications
Except as otherwise provided in this chapter, a person is guilty of a felony of
the third degree if he:
(1) intentionally intercepts, endeavors to intercept, or procures any other
person to intercept or endeavor to intercept any wire, electronic or oral
communication;
(2) intentionally discloses or endeavors to disclose to any other person the
contents of any wire, electronic or oral communication, or evidence derived
therefrom, knowing or having reason to know that the information was obtained
through the interception of a wire, electronic or oral communication; or
(3) intentionally uses or endeavors to use the contents of any wire, electronic
or oral communication, or evidence derived therefrom, knowing or having reason
to know, that the information was obtained through the interception of a wire,
electronic or oral communication.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5704
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5704. Exceptions to prohibition of interception and disclosure of
communications
It shall not be unlawful and no prior court approval shall be required under this
chapter for:
(1) An operator of a switchboard, or an officer, agent or employee of a provider
of wire or electronic communication service, whose facilities are used in the
transmission of a wire communication, to intercept, disclose or use that
communication in the normal course of his employment while engaged in any
activity which is a necessary incident to the rendition of his service or to the
protection of the rights or property of the provider of wire or electronic
communication service. However, no provider of wire or electronic communication
service shall utilize service observing or random monitoring except for
mechanical or service quality control checks.
(2) Any investigative or law enforcement officer or any person acting at the
direction or request of an investigative or law enforcement officer to intercept
a wire, electronic or oral communication involving suspected criminal
activities, including, but not limited to, the crimes enumerated in section 5708
(relating to order authorizing interception of wire, electronic or oral
communications), where:
(i) Deleted.
(ii) one of the parties to the communication has given prior consent to such
interception. However, no interception under this paragraph shall be made
unless the Attorney General or a deputy attorney general designated in writing
by the Attorney General, or the district attorney, or an assistant district
attorney designated in writing by the district attorney, of the county wherein
the interception is to be initiated, has reviewed the facts and is satisfied
that the consent is voluntary and has given prior approval for the
interception; however, such interception shall be subject to the recording and
record keeping requirements of section 5714(a) (relating to recording of
intercepted communications) and that the Attorney General, deputy attorney
general, district attorney or assistant district attorney authorizing the
interception shall be the custodian of recorded evidence obtained therefrom;
(iii) the investigative or law enforcement officer meets in person with a
suspected felon and wears a concealed electronic or mechanical device capable
of intercepting or recording oral communications. However, no interception
under this subparagraph may be used in any criminal prosecution except for a
prosecution involving harm done to the investigative or law enforcement
officer. This subparagraph shall not be construed to limit the interception
and disclosure authority provided for in this subchapter; or
(iv) the requirements of this subparagraph are met. If an oral interception
otherwise authorized under this paragraph will take place in the home of a
nonconsenting party, then, in addition to the requirements of subparagraph
(ii), the interception shall not be conducted until an order is first obtained
from the president judge, or his designee who shall also be a judge, of a court
of common pleas, authorizing such in-home interception, based upon an affidavit
by an investigative or law enforcement officer that establishes probable cause
for the issuance of such an order. No such order or affidavit shall be
required where probable cause and exigent circumstances exist. For the
purposes of this paragraph, an oral interception shall be deemed to take place
in the home of a nonconsenting party only if both the consenting and
nonconsenting parties are physically present in the home at the time of the
interception.
(3) Police and emergency communications systems to record telephone
communications coming into and going out of the communications system of the
Pennsylvania Emergency Management Agency or a police department, fire department
or county emergency center, if:
(i) the telephones thereof are limited to the exclusive use of the
communication system for administrative purposes and provided the communication
system employs a periodic warning which indicates to the parties to the
conversation that the call is being recorded;
(ii) all recordings made pursuant to this clause, all notes made therefrom, and
all transcriptions thereof may be destroyed at any time, unless required with
regard to a pending matter; and
(iii) at least one nonrecorded telephone line is made available for public use
at the Pennsylvania Emergency Management Agency and at each police department,
fire department or county emergency center.
(4) A person, to intercept a wire, electronic or oral communication, where all
parties to the communication have given prior consent to such interception.
(5) Any investigative or law enforcement officer, or communication common
carrier acting at the direction of an investigative or law enforcement officer
or in the normal course of its business, to use a pen register, trap and trace
device or telecommunication identification interception device as provided in
Subchapter E (relating to pen registers, trap and trace devices and
telecommunication identification interception devices).
(6) Personnel of any public utility to record telephone conversations with
utility customers or the general public relating to receiving and dispatching of
emergency and service calls provided there is, during such recording, a periodic
warning which indicates to the parties to the conversation that the call is
being recorded.
(7) A user, or any officer, employee or agent of such user, to record telephone
communications between himself and a contractor or designer, or any officer,
employee or agent of such contractor or designer, pertaining to excavation or
demolition work or other related matters, if the user or its agent indicates to
the parties to the conversation that the call will be or is being recorded. As
used in this paragraph, the terms "user," "contractor," "demolition work,"
"designer" and "excavation work" shall have the meanings given to them in the
act of December 10, 1974 (P.L. 852, No. 287), referred to as the Underground
Utility Line Protection Law; [FN1] and a one call system shall be considered
for this purpose to be an agent of any user which is a member thereof.
(8) A provider of electronic communication service to record the fact that a
wire or electronic communication was initiated or completed in order to protect
the provider, another provider furnishing service toward the completion of the
wire or electronic communication, or a user of that service, from fraudulent,
unlawful or abusive use of the service.
(9) A person or entity providing electronic communication service to the public
to divulge the contents of any such communication:
(i) as otherwise authorized in this section or section 5717 (relating to
investigative disclosure or use of contents of wire, electronic or oral
communications or derivative evidence);
(ii) with the lawful consent of the originator or any addressee or intended
recipient of the communication;
(iii) to a person employed or authorized, or whose facilities are used, to
forward the communication to its destination; or
(iv) which were inadvertently obtained by the service provider and which appear
to pertain to the commission of a crime, if such divulgence is made to a law
enforcement agency.
A person or entity providing electronic communication service to the public
shall not intentionally divulge the contents of any communication (other than
one directed to the person or entity, or an agent thereof) while in transmission
of that service to any person or entity other than an addressee or intended
recipient of the communication or an agent of the addressee or intended
recipient.
(10) Any person:
(i) to intercept or access an electronic communication made through an
electronic communication system configured so that the electronic communication
is readily accessible to the general public;
(ii) to intercept any radio communication which is transmitted:
(A) by a station for the use of the general public, or which relates to
ships, aircraft, vehicles or persons in distress;
(B) by any governmental, law enforcement, civil defense, private land mobile
or public safety communication system, including police and fire systems,
readily accessible to the general public;
by a station operating on an authorized frequency within the bands
allocated to the amateur, citizens band or general mobile radio services; or
(D) by any marine or aeronautical communication system;
(iii) to engage in any conduct which:
(A) is prohibited by section 633 of the Communications Act of 1934 (48 Stat.
1105, 47 U.S.C. s 553); or
(B) is excepted from the application of section 705(a) of the Communications
Act of 1934 (47 U.S.C. s 605(a)) by section 705(b) of that act (47 U.S.C. s
605(b)); or
(iv) to intercept any wire or electronic communication the transmission of
which is causing harmful interference to any lawfully operating station, to the
extent necessary to identify the source of the interference.
(11) Other users of the same frequency to intercept any radio communication made
through a system which utilizes frequencies monitored by individuals engaged in
the provisions or use of the system, if the communication is not scrambled or
encrypted.
(12) Any investigative or law enforcement officer or any person acting at the
direction or request of an investigative or law enforcement officer to intercept
a wire or oral communication involving suspected criminal activities where the
officer or the person is a party to the communication and there is reasonable
cause to believe that:
(i) the other party to the communication is either:
(A) holding a hostage; or
(B) has barricaded himself and taken a position of confinement to avoid
apprehension; and
(ii) that party:
(A) may resist with the use of weapons; or
(B) is threatening suicide or harm to himself or others.
(13) An investigative officer, a law enforcement officer or employees of the
Department of Corrections for State correctional facilities to intercept,
record, monitor or divulge any telephone calls from or to an inmate in a
facility under the following conditions:
(i) The Department of Corrections shall adhere to the following procedures and
restrictions when intercepting, recording, monitoring or divulging any
telephone calls from or to an inmate in a State correctional facility as
provided for by this paragraph:
(A) Before the implementation of this paragraph, all inmates of the facility
shall be notified in writing that, as of the effective date of this
paragraph, their telephone conversations may be intercepted, recorded,
monitored or divulged.
(B) Unless otherwise provided for in this paragraph, after intercepting or
recording a telephone conversation, only the superintendent, warden or a
designee of the superintendent or warden or other chief administrative
official or his or her designee, or law enforcement officers shall have
access to that recording.
The contents of an intercepted and recorded telephone conversation shall
be divulged only as is necessary to safeguard the orderly operation of the
facility, in response to a court order or in the prosecution or investigation
of any crime.
(ii) So as to safeguard the attorney-client privilege, the Department of
Corrections shall not intercept, record, monitor or divulge any conversation
between an inmate and an attorney.
(iii) Persons who are calling in to a facility to speak to an inmate shall be
notified that the call may be recorded or monitored.
(iv) The Department of Corrections shall promulgate guidelines to implement the
provisions of this paragraph for State correctional facilities.
(14) An investigative officer, a law enforcement officer or employees of a
county correctional facility to intercept, record, monitor or divulge any
telephone calls from or to an inmate in a facility under the following
conditions:
(i) The county correctional facility shall adhere to the following procedures
and restrictions when intercepting, recording, monitoring or divulging any
telephone calls from or to an inmate in a county correctional facility as
provided for by this paragraph:
(A) Before the implementation of this paragraph, all inmates of the facility
shall be notified in writing that, as of the effective date of this
paragraph, their telephone conversations may be intercepted, recorded,
monitored or divulged.
(B) Unless otherwise provided for in this paragraph, after intercepting or
recording a telephone conversation, only the superintendent, warden or a
designee of the superintendent or warden or other chief administrative
official or his or her designee, or law enforcement officers shall have
access to that recording.
The contents of an intercepted and recorded telephone conversation shall
be divulged only as is necessary to safeguard the orderly operation of the
facility, in response to a court order or in the prosecution or investigation
of any crime.
(ii) So as to safeguard the attorney-client privilege, the county correctional
facility shall not intercept, record, monitor or divulge any conversation
between an inmate and an attorney.
(iii) Persons who are calling into a facility to speak to an inmate shall be
notified that the call may be recorded or monitored.
(iv) The superintendent, warden or a designee of the superintendent or warden
or other chief administrative official of the county correctional system shall
promulgate guidelines to implement the provisions of this paragraph for county
correctional facilities.
(15) The personnel of a business engaged in telephone marketing or telephone
customer service by means of wire, oral or electronic communication to intercept
such marketing or customer service communications where such interception is
made for the sole purpose of training, quality control or monitoring by the
business, provided that one party involved in the communications has consented
to such intercept. Any communications recorded pursuant to this paragraph may
only be used by the business for the purpose of training or quality control.
Unless otherwise required by Federal or State law, communications recorded
pursuant to this paragraph shall be destroyed within one year from the date of
recording.
(16) A law enforcement officer, whether or not certified under section 5724
(relating to training), acting in the performance of his official duties to
intercept and record an oral communication between individuals in accordance
with the following:
(i) At the time of the interception, the oral communication does not occur
inside the residence of any of the individuals.
(ii) At the time of the interception, the law enforcement officer:
(A) is operating the visual or audible warning system of the law enforcement
officer's vehicle authorized by 75 Pa.C.S. s 4571 (relating to visual and
audible signals on emergency vehicles) or is clearly identifiable as a law
enforcement officer;
(B) is in close proximity to the individuals' oral communication;
is using an electronic, mechanical or other device which has been
approved under section 5706(b) (4)(relating to exceptions to prohibitions in
possession, sale, distribution, manufacture or advertisement of electronic,
mechanical or other devices) to intercept the oral communication, the
recorder of which is mounted in the law enforcement officer's vehicle; and
(D) informs, as soon as reasonably practicable, the individuals identifiably
present that he has intercepted and recorded the oral communication.
(iii) As used in this paragraph, the following words and phrases shall have the
meanings given to them in this subparagraph:
"Law enforcement officer." A member of the Pennsylvania State Police or an
individual employed as a police officer who holds a current certificate under
53 Pa.C.S. Ch. 21 Subch. D [FN2] (relating to municipal police education and
training).
"Recorder." An electronic, mechanical or other device used to store an oral
communication on tape or on some other comparable medium.
(17) Any victim, witness or private detective licensed under the act of August
21, 1953 (P.L. 1273, No. 361), [FN3] known as The Private Detective Act of 1953,
to intercept the contents of any wire, electronic or oral communication, if that
person is under a reasonable suspicion that the intercepted party is committing,
about to commit or has committed a crime of violence and there is reason to
believe that evidence of the crime of violence may be obtained from the
interception.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1981, July
10, P.L. 227, No. 72, s 1, effective in 60 days; 1981, Dec. 23, P.L. 593, No.
175, s 2, effective in 60 days; 1988, Oct. 21, P.L. 1000, No. 115, s 5, imd.
effective; 1995, Sept. 26, P.L. 1056, No. 20 (Spec. Sess. No. 1), s 2, effective
in 60 days; 1996, Dec. 19, P.L. 1458, No. 186, s 1, effective in 60 days; 1998,
Feb. 18, P.L. 102, No. 19, s 6, imd. effective; 2002, June 11, P.L. 367, No. 52,
s 1, imd. effective; 2012, Oct. 25, P.L. 1634, No. 202, s 2, effective in 60 days
[Dec. 24, 2012].
[FN1] 73 P.S. s 176 et seq.
[FN2] 53 Pa.C.S.A. s 2161 et seq.
[FN3] 22 P.S. s 11 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5705
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5705. Possession, sale, distribution, manufacture or advertisement
of electronic, mechanical or other devices and telecommunication
identification interception devices
Except as otherwise specifically provided in section 5706 (relating to exceptions
to prohibitions in possession, sale, distribution, manufacture or advertisement of
electronic, mechanical or other devices), a person is guilty of a felony of the
third degree if he does any of the following:
(1) Intentionally possesses an electronic, mechanical or other device, knowing
or having reason to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of a wire, electronic
or oral communication.
(2) Intentionally sells, transfers or distributes an electronic, mechanical or
other device, knowing or having reason to know that the design of such device
renders it primarily useful for the purpose of the surreptitious interception of
a wire, electronic or oral communication.
(3) Intentionally manufactures or assembles an electronic, mechanical or other
device, knowing or having reason to know that the design of such device renders
it primarily useful for the purpose of the surreptitious interception of a wire,
electronic or oral communication.
(4) Intentionally places in any newspaper, magazine, handbill, or other
publication any advertisement of an electronic, mechanical or other device,
knowing or having reason to know that the design of such device renders it
primarily useful for the purpose of the surreptitious interception of a wire,
electronic or oral communication or of an electronic, mechanical or other device
where such advertisement promotes the use of such device for the purpose of the
surreptitious interception of a wire, electronic or oral communication.
(5) Intentionally possesses a telecommunication identification interception
device.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 2012, Oct. 25, P.L. 1634, No. 202, s
3, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5706
Effective: December 9, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5706. Exceptions to prohibitions in possession, sale, distribution,
manufacture or advertisement of electronic, mechanical or other devices
(a) Unlawful activities.--It shall not be unlawful under this chapter for:
(1) a provider of wire or electronic communication service or an officer, agent
or employee of, or a person under contract with, such a provider, in the normal
course of the business of providing the wire or electronic communication
service; or
(2) a person under contract with the United States, the Commonwealth or a
political subdivision thereof, a state or a political subdivision thereof, or an
officer, agent or employee of the United States, the Commonwealth or a political
subdivision thereof, or a state or a political subdivision thereof, to possess,
sell, distribute, manufacture, assemble or advertise an electronic, mechanical
or other device, while acting in furtherance of the appropriate activities of
the United States, the Commonwealth or a political subdivision thereof, a state
or a political subdivision thereof or a provider of wire or electronic
communication service.
(b) Responsibility.--
(1) Except as provided under paragraph (2), the Attorney General and the
district attorney or their designees so designated in writing shall have the
sole responsibility to buy, possess and loan any electronic, mechanical or other
device which is to be used by investigative or law enforcement officers for
purposes of interception as authorized under section 5704(2), (5) and (12)
(relating to exceptions to prohibition of interception and disclosure of
communications), 5712 (relating to issuance of order and effect), 5713 (relating
to emergency situations) or 5713.1 (relating to emergency hostage and barricade
situations).
(2) The division or bureau or section of the Pennsylvania State Police
responsible for conducting the training in the technical aspects of wiretapping
and electronic surveillance as required by section 5724 (relating to training)
may buy and possess any electronic, mechanical or other device which is to be
used by investigative or law enforcement officers for purposes of interception
as authorized under section 5704(2), (5) and (12), 5712, 5713 or 5713.1 for the
purpose of training. However, any electronic, mechanical or other device bought
or possessed under this provision may be loaned to or used by investigative or
law enforcement officers for purposes of interception as authorized under
section 5704(2), (5) and (12), 5712, 5713 or 5713.1 only upon written approval
by the Attorney General or a deputy attorney general designated in writing by
the Attorney General or the district attorney or an assistant district attorney
designated in writing by the district attorney of the county wherein the
suspected criminal activity has been, is or is about to occur.
(3) With the permission of the Attorney General or a district attorney who has
designated any supervising law enforcement officer for purposes of interceptions
as authorized under section 5713.1, the law enforcement agency which employs the
supervising law enforcement officer may buy, possess, loan or borrow any
electronic, mechanical or other device which is to be used by investigative or
law enforcement officers at the direction of the supervising law enforcement
officer solely for the purpose of interception as authorized under sections
5704(12) and 5713.1.
(4) The Pennsylvania State Police shall annually establish equipment standards
for any electronic, mechanical or other device which is to be used by law
enforcement officers for purposes of interception as authorized under section
5704(16). The equipment standards shall be published annually in the
Pennsylvania Bulletin.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
7, imd. effective; 2002, June 11, P.L. 367, No. 52, s 1, imd. effective; 2002,
Dec. 9, P.L. 1350, No. 162, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5707
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5707. Seizure and forfeiture of electronic, mechanical or other
devices
Any electronic, mechanical or other device possessed, used, sent, distributed,
manufactured, or assembled in violation of this chapter is hereby declared to be
contraband and may be seized and forfeited to the Commonwealth.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5708
Effective: January 8, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5708. Order authorizing interception of wire, electronic or oral
communications
The Attorney General, or, during the absence or incapacity of the Attorney
General, a deputy attorney general designated in writing by the Attorney General,
or the district attorney or, during the absence or incapacity of the district
attorney, an assistant district attorney designated in writing by the district
attorney of the county wherein the suspected criminal activity has been, is or is
about to occur, may make written application to any Superior Court judge for an
order authorizing the interception of a wire, electronic or oral communication by
the investigative or law enforcement officers or agency having responsibility for
an investigation involving suspected criminal activities when such interception
may provide evidence of the commission of any of the following offenses, or may
provide evidence aiding in the apprehension of the perpetrator or perpetrators of
any of the following offenses:
(1) Under this title:
Section 911 (relating to corrupt organizations)
Section 2501 (relating to criminal homicide)
Section 2502 (relating to murder)
Section 2503 (relating to voluntary manslaughter)
Section 2702 (relating to aggravated assault)
Section 2706 (relating to terroristic threats)
Section 2709.1 (relating to stalking)
Section 2716 (relating to weapons of mass destruction)
Section 2901 (relating to kidnapping)
Section 3002 (relating to trafficking of persons)
Section 3121 (relating to rape)
Section 3123 (relating to involuntary deviate sexual intercourse)
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent assault)
Section 3301 (relating to arson and related offenses)
Section 3302 (relating to causing or risking catastrophe)
Section 3502 (relating to burglary)
Section 3701 (relating to robbery)
Section 3921 (relating to theft by unlawful taking or disposition)
Section 3922 (relating to theft by deception)
Section 3923 (relating to theft by extortion)
Section 4701 (relating to bribery in official and political matters)
Section 4702 (relating to threats and other improper influence in official and
political matters)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling, etc.)
Section 5514 (relating to pool selling and bookmaking)
Section 5516 (relating to facsimile weapons of mass destruction)
Section 6318 (relating to unlawful contact with minor)
(2) Under this title, where such offense is dangerous to life, limb or property
and punishable by imprisonment for more than one year:
Section 910 (relating to manufacture, distribution or possession of devices for
theft of telecommunications services)
Section 2709(a)(4), (5), (6) or (7) (relating to harassment)
Section 3925 (relating to receiving stolen property)
Section 3926 (relating to theft of services)
Section 3927 (relating to theft by failure to make required disposition of
funds received)
Section 3933 (relating to unlawful use of computer)
Section 4108 (relating to commercial bribery and breach of duty to act
disinterestedly)
Section 4109 (relating to rigging publicly exhibited contest)
Section 4117 (relating to insurance fraud)
Section 4305 (relating to dealing in infant children)
Section 4902 (relating to perjury)
Section 4909 (relating to witness or informant taking bribe)
Section 4911 (relating to tampering with public records or information)
Section 4952 (relating to intimidation of witnesses or victims)
Section 4953 (relating to retaliation against witness or victim)
Section 5101 (relating to obstructing administration of law or other
governmental function)
Section 5111 (relating to dealing in proceeds of unlawful activities)
Section 5121 (relating to escape)
Section 5902 (relating to prostitution and related offenses)
Section 5903 (relating to obscene and other sexual materials and performances)
Section 7313 (relating to buying or exchanging Federal food order coupons,
stamps, authorization cards or access devices)
(3) Under the act of March 4, 1971 (P.L. 6, No. 2), [FN1] known as the Tax
Reform Code of 1971, where such offense is dangerous to life, limb or property
and punishable by imprisonment for more than one year:
Section 1272 (relating to sales of unstamped cigarettes)
Section 1273 (relating to possession of unstamped cigarettes)
Section 1274 (relating to counterfeiting)
(4) Any offense set forth under section 13(a) of the act of April 14, 1972 (P.L.
233, No. 64), [FN2] known as The Controlled Substance, Drug, Device and Cosmetic
Act, not including the offense described in clause (31) of section 13(a).
(5) Any offense set forth under the act of November 15, 1972 (P.L. 1227, No.
272).[FN3]
(6) Any conspiracy to commit any of the offenses set forth in this section.
(7) Under the act of November 24, 1998 (P.L. 874, No. 110), known as the Motor
Vehicle Chop Shop and Illegally Obtained and Altered Property Act.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1983, Dec. 2,
P.L. 248, No. 67, s 2, imd. effective; 1988, Oct. 21, P.L. 1000, No. 115, s 5,
imd. effective; 1990, Feb. 2, P.L. 4, No. 3, s 1, imd. effective; 1998, Feb. 18,
P.L. 102, No. 19, s 7, imd. effective; 1998, Dec. 21, P.L. 1086, No. 145, s 1,
effective in 60 days; 2002, June 28, P.L. 481, No. 82, s 5, effective in 60 days;
2002, Nov. 20, P.L. 1104, No. 134, s 1, effective in 60 days; 2002, Dec. 9, P.L.
1350, No. 162, s 4, effective in 60 days; 2002, Dec. 9, P.L. 1759, No. 218, s 5,
effective in 60 days; 2006, Nov. 9, P.L. 1340, No. 139, s 3, effective in 60 days
[Jan. 8, 2007].
[FN1] 72 P.S. s 7101 et seq.
[FN2] 35 P.S. s 780-113(a).
[FN3] 18 P.S. s 3923 (repealed); see now, 18 Pa.C.S.A. s 911.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5709
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5709. Application for order
Each application for an order of authorization to intercept a wire, electronic or
oral communication shall be made in writing upon the personal oath or affirmation
of the Attorney General or a district attorney of the county wherein the suspected
criminal activity has been, is or is about to occur and shall contain all of the
following:
(1) A statement of the authority of the applicant to make such application.
(2) A statement of the identity and qualifications of the investigative or law
enforcement officers or agency for whom the authority to intercept a wire,
electronic or oral communication is sought.
(3) A sworn statement by the investigative or law enforcement officer who has
knowledge of relevant information justifying the application, which shall
include:
(i) The identity of the particular person, if known, committing the offense and
whose communications are to be intercepted.
(ii) The details as to the particular offense that has been, is being, or is
about to be committed.
(iii) The particular type of communication to be intercepted.
(iv) A showing that there is probable cause to believe that such communication
will be communicated on the wire communication facility involved or at the
particular place where the oral communication is to be intercepted.
(v) The character and location of the particular wire communication facility
involved or the particular place where the oral communication is to be
intercepted.
(vi) A statement of the period of time for which the interception is required
to be maintained, and, if the character of the investigation is such that the
authorization for interception should not automatically terminate when the
described type of communication has been first obtained, a particular statement
of facts establishing probable cause to believe that additional communications
of the same type will occur thereafter.
(vii) A particular statement of facts showing that other normal investigative
procedures with respect to the offense have been tried and have failed, or
reasonably appear to be unlikely to succeed if tried or are too dangerous to
employ.
(4) Where the application is for the renewal or extension of an order, a
particular statement of facts showing the results thus far obtained from the
interception, or a reasonable explanation of the failure to obtain such results.
(5) A complete statement of the facts concerning all previous applications,
known to the applicant made to any court for authorization to intercept a wire,
electronic or oral communication involving any of the same facilities or places
specified in the application or involving any person whose communication is to
be intercepted, and the action taken by the court on each such application.
(6) A proposed order of authorization for consideration by the judge.
(7) Such additional testimony or documentary evidence in support of the
application as the judge may require.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 2002, Dec. 9, P.L. 1350, No. 162, s
4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5710
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5710. Grounds for entry of order
(a) Application.--Upon consideration of an application, the judge may enter an ex
parte order, as requested or as modified, authorizing the interception of wire,
electronic or oral communications anywhere within the Commonwealth, if the judge
determines on the basis of the facts submitted by the applicant that there is
probable cause for belief that all the following conditions exist:
(1) the person whose communications are to be intercepted is committing, has or
had committed or is about to commit an offense as provided in section 5708
(relating to order authorizing interception of wire, electronic or oral
communications);
(2) particular communications concerning such offense may be obtained through
such interception;
(3) normal investigative procedures with respect to such offense have been tried
and have failed or reasonably appear to be unlikely to succeed if tried or to be
too dangerous to employ;
(4) the facility from which, or the place where, the wire, electronic or oral
communications are to be intercepted, is, has been, or is about to be used, in
connection with the commission of such offense, or is leased to, listed in the
name of, or commonly used by, such person;
(5) the investigative or law enforcement officers or agency to be authorized to
intercept the wire, electronic or oral communications are qualified by training
and experience to execute the interception sought, and are certified under
section 5724 (relating to training); and
(6) in the case of an application, other than a renewal or extension, for an
order to intercept a communication of a person or on a facility which was the
subject of a previous order authorizing interception, the application is based
upon new evidence or information different from and in addition to the evidence
or information offered to support the prior order, regardless of whether such
evidence was derived from prior interceptions or from other sources.
(b) Corroborative evidence.--As part of the consideration of an application in
which there is no corroborative evidence offered, the judge may inquire in camera
as to the identity of any informants or any other additional information
concerning the basis upon which the investigative or law enforcement officer or
agency has applied for the order of authorization which the judge finds relevant
in order to determine if there is probable cause pursuant to this section.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5711
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5711. Privileged communications
No otherwise privileged communication intercepted in accordance with, or in
violation of, the provisions of this chapter shall lose its privileged character.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5712
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5712. Issuance of order and effect
(a) Authorizing orders.--An order authorizing the interception of any wire,
electronic or oral communication shall state the following:
(1) The identity of the investigative or law enforcement officers or agency to
whom the authority to intercept wire, electronic or oral communications is given
and the name and official identity of the person who made the application.
(2) The identity of, or a particular description of, the person, if known, whose
communications are to be intercepted.
(3) The character and location of the particular communication facilities as to
which, or the particular place of the communication as to which, authority to
intercept is granted.
(4) A particular description of the type of the communication to be intercepted
and a statement of the particular offense to which it relates.
(5) The period of time during which such interception is authorized, including a
statement as to whether or not the interception shall automatically terminate
when the described communication has been first obtained.
(b) Time limits.--No order entered under this section shall authorize the
interception of any wire, electronic or oral communication for a period of time in
excess of that necessary under the circumstances. Every order entered under this
section shall require that such interception begin and terminate as soon as
practicable and be conducted in such a manner as to minimize or eliminate the
interception of such communications not otherwise subject to interception under
this chapter by making reasonable efforts, whenever possible, to reduce the hours
of interception authorized by said order. In the event the intercepted
communication is in a code or foreign language and an expert in that code or
foreign language is not reasonably available during the interception period,
minimization may be accomplished as soon as practicable after such interception.
No order entered under this section shall authorize the interception of wire,
electronic or oral communications for any period exceeding 30 days. The 30-day
period begins on the day on which the investigative or law enforcement officers or
agency first begins to conduct an interception under the order, or ten days after
the order is entered, whichever is earlier. Extensions or renewals of such an
order may be granted for additional periods of not more than 30 days each. No
extension or renewal shall be granted unless an application for it is made in
accordance with this section, and the judge makes the findings required by section
5710 (relating to grounds for entry of order).
Responsibility.--The order shall require the Attorney General or the district
attorney, or their designees, to be responsible for the supervision of the
interception.
(d) Progress reports.--Whenever an order authorizing an interception is entered,
the order may require reports to be made to the judge who issued the order showing
what progress has been made toward achievement of the authorized objective and the
need for continued interception. The reports shall be made at such intervals as
the judge may require.
(e) Final report.--Whenever an interception is authorized pursuant to this
section, a complete written list of names of participants and evidence of offenses
discovered, including those not stated in the application for order, shall be
filed with the court as soon as practicable after the authorized interception is
terminated.
(f) Assistance.--An order authorizing the interception of a wire, electronic or
oral communication shall, upon request of the applicant, direct that a provider of
communication service shall furnish the applicant forthwith all information,
facilities and technical assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the services that such
service provider is affording the person whose communications are to be
intercepted. The obligation of a provider of communication service under such an
order may include, but is not limited to, installation of a pen register or of a
trap and trace device, providing caller ID, deluxe caller ID or any other features
available to ascertain the telephone number, location or subscriber information of
a facility contacting the facility whose communications are to be intercepted,
disclosure of a record or other information otherwise available under section 5743
(relating to requirements for governmental access), including conducting an
in-progress trace during an interception, provided that such obligation of a
provider of communications service is technologically feasible. The order shall
apply regardless of whether the electronic service provider is headquartered
within this Commonwealth, if the interception is otherwise conducted within this
Commonwealth as provided under this chapter. The order regarding disclosure of a
record or other information otherwise available under section 5743 shall apply to
all electronic service providers who service facilities which contact or are
contacted by the facility whose communications are to be intercepted, regardless
of whether the order specifically names any provider of communication service.
The order may specify the period of time an electronic service provider has to
furnish to the applicant who requests disclosure of a record or other information
otherwise available under section 5743. Any provider of communication service
furnishing such facilities or technical assistance shall be compensated therefor
by the applicant for reasonable expenses incurred in providing the facilities or
assistance. The service provider shall be immune from civil and criminal
liability for any assistance rendered to the applicant pursuant to this section.
(g) Entry by law enforcement officers.--An order authorizing the interception of a
wire, electronic or oral communication shall, if requested, authorize the entry of
premises or facilities specified in subsection (a)(3), or premises necessary to
obtain access to the premises or facilities specified in subsection (a)(3), by the
law enforcement officers specified in subsection (a)(1), as often as necessary
solely for the purposes of installing, maintaining or removing an electronic,
mechanical or other device or devices provided that such entry is reasonably
necessary to accomplish the purposes of this subchapter and provided that the
judge who issues the order shall be notified of the time and method of each such
entry prior to entry if practical and, in any case, within 48 hours of entry.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
8, imd. effective; 2012, Oct. 25, P.L. 1634, No. 202, s 4, effective in 60 days
[Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5712.1
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5712.1. Target-specific orders
(a) Target-specific wiretaps.--The requirements of sections 5712(a)(3) (relating
to issuance of order and effect) and 5709(3)(iv) and (v) (relating to application
for order) shall not apply if:
(1) In the case of an application with respect to the interception of an oral
communication, all of the following apply:
(i) The application contains a full and complete statement as to why
specification is not practical and identifies the person committing the offense
and whose communications are to be intercepted.
(ii) The judge finds the specification is not practical.
(2) In the case of an application with respect to a wire or electronic
communication, all of the following apply:
(i) The application identifies the person believed to be committing the offense
and whose communications are to be intercepted and the applicant makes a
showing that there is probable cause to believe that the person's actions could
have the effect of thwarting interception by changing facilities or devices.
(ii) The judge finds that the purpose has been adequately shown.
(b) Supplementary orders.--Following the issuance of a target-specific wiretap
order, the judge shall sign supplementary orders upon request and in a timely
manner, authorizing the investigative or law enforcement officers or agency to
intercept additional communications devices or facilities upon a showing of
reasonable suspicion that all of the following apply:
(1) The target of the original order has in fact changed communications devices
or facilities or is presently using additional communications devices,
communications facilities or places.
(2) The target of the original order is likely to use the specified
communications device or facility for criminal purposes similar to or related to
those specified in the original order.
Application for supplementary orders.--An application for a supplementary
order shall contain all of the following:
(1) The identity of the investigative or law enforcement officers or agency to
whom the authority to intercept wire, electronic or oral communications is given
and the name and official identity of the person who made the application.
(2) The identity of or a particular description of the person, if known, whose
communications are to be intercepted.
(3) The period of time during which the interception is authorized, including a
statement as to whether or not the interception shall automatically terminate
when the described communication has been first obtained.
(4) A showing of reasonable suspicion that the target of the original order has
in fact changed communications devices or facilities.
(5) A showing of reasonable suspicion that the target of the original order is
likely to use the additional facility or device or place for criminal purposes
similar to or related to those specified in the original order.
(d) Time limits.--A supplementary order shall not act as an extension of the time
limit identified in section 5712(b).
(e) Responsibility.--The order shall require the Attorney General or the district
attorney, or their designees, to be responsible for the supervision of the
interception.
(f) Progress reports.--If an order authorizing an interception is entered, the
order may require reports to be made to the judge who issued the order showing
what progress has been made toward achievement of the authorized objective and the
need for continued interception. The reports shall be made at intervals as the
judge may require.
(g) Final report.--If an interception is authorized under this section, a complete
written list of names of participants and evidence of offenses discovered,
including those not stated in the application for order, shall be filed with the
court as soon as practical after the authorized interception is terminated.
(h) Assistance.--
(1) An order authorizing the interception of a wire, electronic or oral
communication shall, upon request of the applicant, direct that a provider of
communication service furnish the applicant with all information, facilities and
technical assistance necessary to accomplish the interception unobtrusively and
with a minimum of interference with the services that the service provider is
affording the person whose communications are to be intercepted.
(2) The obligation of a provider of communication service under an order may
include installation of a pen register or trap and trace device and disclosure
of a record or other information otherwise available under section 5743
(relating to requirements for governmental access), including conducting an
in-progress trace during an interception, if the obligation of a provider of
communications service is technologically feasible.
(3) A provider of communication service furnishing facilities or technical
assistance shall be compensated by the applicant for reasonable expenses
incurred in providing the facilities or assistance.
(4) A service provider shall be immune from civil and criminal liability for any
assistance rendered to an applicant under this section.
(i) Entry by law enforcement officers.--An order authorizing the interception of a
wire, electronic or oral communication shall, if requested, authorize the entry of
premises or facilities specified under subsection (3) or premises necessary to
obtain access to the premises or facilities specified under subsection (3) by
law enforcement officers specified under subsection (1) as often as necessary
solely for the purposes of installing, maintaining or removing an electronic,
mechanical or other device, if all of the following apply:
(1) The entry is reasonably necessary to accomplish the purposes of this
subchapter.
(2) The judge who issues the order is notified of the time and method of each
entry prior to entry within 48 hours of entry.
CREDIT(S)
2012, Oct. 25, P.L. 1634, No. 202, s 5, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5713
Effective: February 7, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5713. Emergency situations
(a) Application.--Whenever, upon informal application by the Attorney General or a
designated deputy attorney general authorized in writing by the Attorney General
or a district attorney or an assistant district attorney authorized in writing by
the district attorney of a county wherein the suspected criminal activity has
been, is or is about to occur, a judge determines there are grounds upon which an
order could be issued pursuant to this chapter, and that an emergency situation
exists with respect to the investigation of an offense designated in section 5708
(relating to order authorizing interception of wire, electronic or oral
communications), and involving conspiratorial activities characteristic of
organized crime or a substantial danger to life or limb, dictating authorization
for immediate interception of wire, electronic or oral communications before an
application for an order could with due diligence be submitted to him and acted
upon, the judge may grant oral approval for such interception without an order,
conditioned upon the filing with him, within 48 hours thereafter, of an
application for an order which, if granted, shall recite the oral approval and be
retroactive to the time of such oral approval. Such interception shall
immediately terminate when the communication sought is obtained or when the
application for an order is denied, whichever is earlier. In the event no
application for an order is made, the content of any wire, electronic or oral
communication intercepted shall be treated as having been obtained in violation of
this subchapter.
(b) Further proceedings.--In the event no application is made or an application
made pursuant to this section is denied, the court shall cause an inventory to be
served as provided in section 5716 (relating to service of inventory and
inspection of intercepted communications) and shall require the tape or other
recording of the intercepted communication to be delivered to, and sealed by, the
court. Such evidence shall be retained by the court in accordance with section
5714 (relating to recording of intercepted communications) and the same shall not
be used or disclosed in any legal proceeding except in a civil action brought by
an aggrieved person pursuant to section 5725 (relating to civil action for
unlawful interception, disclosure or use of wire, electronic or oral
communication) or as otherwise authorized by court order. In addition to other
remedies and penalties provided by this chapter, failure to effect delivery of any
such tape or other recording shall be punishable as contempt by the court
directing such delivery. Evidence of oral authorization to intercept wire,
electronic or oral communications shall be a defense to any charge against the
investigating or law enforcement officer for engaging in unlawful interception.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
9, imd. effective; 2002, Dec. 9, P.L. 1350, No. 162, s 4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5713.1
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5713.1. Emergency hostage and barricade situations
(a) Designation.--The Attorney General or a district attorney may designate
supervising law enforcement officers for the purpose of authorizing the
interception of wire or oral communications as provided in this section.
(b) Procedure.--A supervising law enforcement officer who reasonably determines
that an emergency situation exists that requires a wire or oral communication to
be intercepted before an order authorizing such interception can, with due
diligence, be obtained, and who determines that there are grounds upon which an
order could be entered under this chapter to authorize such interception, may
intercept such wire or oral communication. An application for an order approving
the interception must be made by the supervising law enforcement officer in
accordance with section 5709 (relating to application for order) within 48 hours
after the interception has occurred or begins to occur. Interceptions pursuant to
this section shall be conducted in accordance with the procedures of this
subchapter. Upon request of the supervising law enforcement officer who
determines to authorize interceptions of wire communications under this section, a
provider of electronic communication service shall provide assistance and be
compensated therefor as provided in section 5712(f) (relating to issuance of order
and effect). In the absence of an order, such interception shall immediately
terminate when the situation giving rise to the hostage or barricade situation
ends or when the application for the order is denied, whichever is earlier. In
the event such application for approval is denied or in any other case where the
interception is terminated without an order having been issued, the contents of
any wire or oral communication intercepted shall be treated as having been
obtained in violation of this subchapter, and an inventory shall be served as
provided in section 5716 (relating to service of inventory and inspection of
intercepted communications). Thereafter, the supervising law enforcement officer
shall follow the procedures set forth in section 5713(b) (relating to emergency
situations).
Defense.--A good faith reliance on the provisions of this section shall be a
complete defense to any civil or criminal action brought under this subchapter or
any other statute against any law enforcement officer or agency conducting any
interceptions pursuant to this section as well as a provider of electronic
communication service who is required to provide assistance in conducting such
interceptions upon request of a supervising law enforcement officer.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Emergency situation." Any situation where:
(1) a person is holding a hostage and is threatening serious physical injury and
may resist with the use of weapons; or
(2) a person has barricaded himself and taken a position of confinement to avoid
apprehension and:
(i) has the ability to resist with the use of weapons; or
(ii) is threatening suicide or harm to himself or others.
"Supervising law enforcement officer."
(1) For designations by a district attorney, any law enforcement officer trained
pursuant to section 5724 (relating to training) to carry out interceptions under
this section who has attained the rank of lieutenant or higher in a law
enforcement agency within the county or who is in charge of a county law
enforcement agency.
(2) For designations by the Attorney General, any member of the Pennsylvania
State Police trained pursuant to section 5724 to carry out interceptions under
this section and designated by the Commissioner of the Pennsylvania State Police
who:
(i) has attained the rank of lieutenant or higher; or
(ii) is in charge of a Pennsylvania State Police barracks.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 5, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 9, imd. effective; 2012, Oct. 25, P.L. 1634, No. 202, s 6,
effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5714
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5714. Recording of intercepted communications
(a) Recording and monitoring.--Any wire, electronic or oral communication
intercepted in accordance with this subchapter shall, if practicable, be recorded
by tape or other comparable method. The recording shall be done in such a way as
will protect it from editing or other alteration. Whenever an interception is
being monitored, the monitor shall be an investigative or law enforcement officer
certified under section 5724 (relating to training), and where practicable, keep a
signed, written record which shall include the following:
(1) The date and hours of surveillance.
(2) The time and duration of each intercepted communication.
(3) The participant, if known, in each intercepted conversation.
(4) A summary of the content of each intercepted communication.
(b) Sealing of recordings.--Immediately upon the expiration of the order or
extensions or renewals thereof, all monitor's records, tapes and other recordings
shall be transferred to the judge issuing the order and sealed under his
direction. Custody of the tapes, or other recordings shall be maintained wherever
the court directs. They shall not be destroyed except upon an order of the court
and in any event shall be kept for ten years. Duplicate tapes, or other
recordings may be made for disclosure or use pursuant to section 5717 (relating to
investigative disclosure or use of contents of wire, electronic or oral
communications or derivative evidence). The presence of the seal provided by this
section, or a satisfactory explanation for its absence, shall be a prerequisite
for the disclosure of the contents of any wire, electronic or oral communication,
or evidence derived therefrom, under section 5717(b).
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
9, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5715
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5715. Sealing of applications, orders and supporting papers
Applications made, final reports, and orders granted pursuant to this subchapter
and supporting papers and monitor's records shall be sealed by the court and shall
be held in custody as the court shall direct and shall not be destroyed except on
order of the court and in any event shall be kept for ten years. They may be
disclosed only upon a showing of good cause before a court of competent
jurisdiction except that any investigative or law enforcement officer may disclose
such applications, orders and supporting papers and monitor's records to
investigative or law enforcement officers of this or another state, any of its
political subdivisions, or of the United States to the extent that such disclosure
is appropriate to the proper performance of the official duties of the officer
making or receiving the disclosure. In addition to any remedies and penalties
provided by this subchapter, any violation of the provisions of this section may
be punished as contempt of the court.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
9, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5716
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5716. Service of inventory and inspection of intercepted
communications
(a) Service of inventory.--Within a reasonable time but not later than 90 days
after the termination of the period of the order or of extensions or renewals
thereof, or the date of the denial of an order applied for under section 5713
(relating to emergency situations) or 5713.1 (relating to emergency hostage and
barricade situations), the issuing or denying judge shall cause to be served on
the persons named in the order, application, or final report an inventory which
shall include the following:
(1) Notice of the entry of the order or the application for an order denied
under section 5713 or 5713.1.
(2) The date of the entry of the order or the denial of an order applied for
under section 5713 or 5713.1.
(3) The period of authorized or disapproved interception.
(4) The fact that during the period wire or oral communications were or were not
intercepted.
(b) Postponement.--On an ex parte showing of good cause to the issuing or denying
judge the service of the inventory required by this section may be postponed for a
period of 30 days. Additional postponements may be granted for periods of not
more than 30 days on an ex parte showing of good cause to the issuing or denying
judge.
Inspections.--The court, upon the filing of a motion, shall make available to
such persons or their attorneys for inspection, the intercepted communications and
monitor's records to which the movant was a participant and the applications and
orders.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5717
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5717. Investigative disclosure or use of contents of wire,
electronic or oral communications or derivative evidence
(a) Law enforcement personnel.--Any investigative or law enforcement officer who,
under subsection (a.1), (b), (b.1) or , has obtained knowledge of the contents
of any wire, electronic or oral communication, or evidence derived therefrom, may
disclose such contents or evidence to another investigative or law enforcement
officer to the extent that such disclosure is appropriate to the proper
performance of the official duties of the officer making or receiving the
disclosure.
(a.1) Use of information.--Any investigative or law enforcement officer who, by
any means authorized by this subchapter, has obtained knowledge of the contents of
any wire, electronic or oral communication or evidence derived therefrom may use
such contents or evidence to the extent such use is appropriate to the proper
performance of his official duties.
(b) Evidence.--Any person who by any means authorized by this chapter, has
obtained knowledge of the contents of any wire, electronic or oral communication,
or evidence derived therefrom, may disclose such contents or evidence to an
investigative or law enforcement officer and may disclose such contents or
evidence while giving testimony under oath or affirmation in any criminal
proceeding in any court of this Commonwealth or of another state or of the United
States or before any state or Federal grand jury or investigating grand jury.
(b.1) Criminal cases.--Any person who by means authorized by section 5704(17)
(relating to exceptions to prohibition of interception and disclosure of
communications) has obtained knowledge of the contents of any wire, electronic or
oral communication, or evidence derived therefrom, may in addition to disclosures
made under subsection (b) disclose such contents or evidence, on the condition
that such disclosure is made for the purpose of providing exculpatory evidence in
an open or closed criminal case.
Otherwise authorized personnel.--
(1) Except as provided under paragraph (2), any person who, by any means
authorized by the laws of another state or the Federal Government, has obtained
knowledge of the contents of any wire, electronic or oral communication, or
evidence derived from any wire, electronic or oral communication, may disclose
the contents or evidence to an investigative or law enforcement officer and may
disclose the contents or evidence where otherwise admissible while giving
testimony under oath or affirmation in any proceeding in any court of this
Commonwealth.
(2) The contents of a nonconsensual interception authorized by the laws of the
Federal Government or another state shall not be admissible unless the
interception was authorized by a court upon a finding of probable cause that the
target of the surveillance is engaged or will engage in a violation of the
criminal laws of the Federal Government or any state.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
9, imd. effective; 2012, Oct. 25, P.L. 1634, No. 202, s 7, effective in 60 days
[Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5718
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5718. Interception of communications relating to other offenses
When an investigative or law enforcement officer, while engaged in court
authorized interceptions of wire, electronic or oral communications in the manner
authorized herein, intercepts wire, electronic or oral communications relating to
offenses other than those specified in the order of authorization, the contents
thereof, and evidence derived therefrom, may be disclosed or used as provided in
section 5717(a) (relating to investigative disclosure or use of contents of wire,
electronic or oral communications or derivative evidence). Such contents and
evidence may be disclosed in testimony under oath or affirmation in any criminal
proceeding in any court of this Commonwealth or of another state or of the United
States or before any state or Federal grand jury when authorized by a judge who
finds on subsequent application that the contents were otherwise intercepted in
accordance with the provisions of this subchapter. Such application shall be made
as soon as practicable.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
9, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5719
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5719. Unlawful use or disclosure of existence of order concerning
intercepted communication
Except as specifically authorized pursuant to this subchapter any person who
willfully uses or discloses the existence of an order authorizing interception of
a wire, electronic or oral communication is guilty of a misdemeanor of the second
degree.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
9, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5720
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5720. Service of copy of order and application before disclosure of
intercepted communication in trial, hearing or proceeding
The contents of any wire, electronic or oral communication intercepted in
accordance with the provisions of this subchapter, or evidence derived therefrom,
shall not be disclosed in any trial, hearing, or other adversary proceeding before
any court of the Commonwealth unless, not less than ten days before the trial,
hearing or proceeding the parties to the action have been served with a copy of
the order, the accompanying application and the final report under which the
interception was authorized or, in the case of an interception under section 5704
(relating to exceptions to prohibition of interception and disclosure of
communications), notice of the fact and nature of the interception. The service
of inventory, order, application, and final report required by this section may be
waived by the court only where it finds that the service is not feasible and that
the parties will not be prejudiced by the failure to make the service.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
9, imd. effective.
SUSPENDED IN PART
<For purposes of delinquency proceedings, Pa.R.J.C.P. No. 800 suspends 18
Pa.C.S.A. s 5720 as inconsistent with Pa.R.J.C.P. No. 340 insofar as s 5720
may delay disclosure to a juvenile seeking discovery under Rule 340(B)(6).>
<18 Pa.C.S.A. s 5720 is suspended by Pa.R.Crim.P., Rule 340(b), 42
Pa.C.S.A., insofar as it may delay disclosure to a defendant seeking
discovery under Rule 305B(1)(g), as inconsistent with Rule 305.>
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5721
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5721. Repealed. 1998, Feb. 18, P.L. 102, No. 19, imd. effective
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5721.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5721.1. Evidentiary disclosure of contents of intercepted
communication or derivative evidence
(a) Disclosure in evidence generally.--
(1) Except as provided in paragraph (2), no person shall disclose the contents
of any wire, electronic or oral communication, or evidence derived therefrom, in
any proceeding in any court, board or agency of this Commonwealth.
(2) Any person who has obtained knowledge of the contents of any wire,
electronic or oral communication, or evidence derived therefrom, which is
properly subject to disclosure under section 5717 (relating to investigative
disclosure or use of contents of wire, electronic or oral communications or
derivative evidence) may also disclose such contents or evidence in any matter
relating to any criminal, quasi-criminal, forfeiture, administrative enforcement
or professional disciplinary proceedings in any court, board or agency of this
Commonwealth or of another state or of the United States or before any state or
Federal grand jury or investigating grand jury. Once such disclosure has been
made, then any person may disclose the contents or evidence in any such
proceeding.
(3) Notwithstanding the provisions of paragraph (2), no disclosure in any such
proceeding shall be made so long as any order excluding such contents or
evidence pursuant to the provisions of subsection (b) is in effect.
(b) Motion to exclude.--Any aggrieved person who is a party to any proceeding in
any court, board or agency of this Commonwealth may move to exclude the contents
of any wire, electronic or oral communication, or evidence derived therefrom, on
any of the following grounds:
(1) Unless intercepted pursuant to an exception set forth in section 5704
(relating to exceptions to prohibition of interception and disclosure of
communications), the interception was made without prior procurement of an order
of authorization under section 5712 (relating to issuance of order and effect)
or an order of approval under section 5713(a) (relating to emergency situations)
or 5713.1(b) (relating to emergency hostage and barricade situations).
(2) The order of authorization issued under section 5712 or the order of
approval issued under section 5713(a) or 5713.1(b) was not supported by probable
cause with respect to the matters set forth in section 5710(a)(1) and (2)
(relating to grounds for entry of order).
(3) The order of authorization issued under section 5712 is materially
insufficient on its face.
(4) The interception materially deviated from the requirements of the order of
authorization.
(5) With respect to interceptions pursuant to section 5704(2), the consent to
the interception was coerced by the Commonwealth.
(6) Where required pursuant to section 5704(2)(iv), the interception was made
without prior procurement of a court order or without probable cause.
Procedure.--
(1) The motion shall be made in accordance with the applicable rules of
procedure governing such proceedings. The court, board or agency, upon the
filing of such motion, shall make available to the movant or his counsel the
intercepted communication and evidence derived therefrom.
(2) In considering a motion to exclude under subsection (b)(2), both the written
application under section 5710(a) and all matters that were presented to the
judge under section 5710(b) shall be admissible.
(3) The movant shall bear the burden of proving by a preponderance of the
evidence the grounds for exclusion asserted under subsection (b)(3) and (4).
(4) With respect to exclusion claims under subsection (b)(1), (2) and (5), the
respondent shall bear the burden of proof by a preponderance of the evidence.
(5) With respect to exclusion claims under subsection (b)(6), the movant shall
have the initial burden of demonstrating by a preponderance of the evidence that
the interception took place in his home. Once he meets this burden, the burden
shall shift to the respondent to demonstrate by a preponderance of the evidence
that the interception was in accordance with section 5704(2)(iv).
(6) Evidence shall not be deemed to have been derived from communications
excludable under subsection (b) if the respondent can demonstrate by a
preponderance of the evidence that the Commonwealth or the respondent had a
basis independent of the excluded communication for discovering such evidence or
that such evidence would have been inevitably discovered by the Commonwealth or
the respondent absent the excluded communication.
(d) Appeal.--In addition to any other right of appeal, the Commonwealth shall have
the right to appeal from an order granting a motion to exclude if the official to
whom the order authorizing the intercept was granted shall certify to the court
that the appeal is not taken for purposes of delay. The appeal shall be taken in
accordance with the provisions of Title 42 (relating to judiciary and judicial
procedure).
(e) Exclusiveness of remedies and sanctions.--The remedies and sanctions described
in this subchapter with respect to the interception of wire, electronic or oral
communications are the only judicial remedies and sanctions for nonconstitutional
violations of this subchapter involving such communications.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 11, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5722
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5722. Report by issuing or denying judge
Within 30 days after the expiration of an order or an extension or renewal thereof
entered under this subchapter or the denial of an order confirming verbal approval
of interception, the issuing or denying judge shall make a report to the
Administrative Office of Pennsylvania Courts stating the following:
(1) That an order, extension or renewal was applied for.
(2) The kind of order applied for.
(3) That the order was granted as applied for, was modified, or was denied.
(4) The period of the interceptions authorized by the order, and the number and
duration of any extensions or renewals of the order.
(5) The offense specified in the order, or extension or renewal of an order.
(6) The name and official identity of the person making the application and of
the investigative or law enforcement officer and agency for whom it was made.
(7) The character of the facilities from which or the place where the
communications were to be intercepted.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s
12, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5723
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5723. Annual reports and records of Attorney General and district
attorneys
(a) Judges.--In addition to reports required to be made by applicants pursuant to
Title 18 U.S.C. s 2519, all judges who have issued orders pursuant to this title
shall make annual reports on the operation of this chapter to the Administrative
Office of Pennsylvania Courts. The reports by the judges shall contain the
following information:
(1) The number of applications made.
(2) The number of orders issued.
(3) The effective periods of such orders.
(4) The number and duration of any renewals thereof.
(5) The crimes in connection with which the orders were sought.
(6) The names and official identity of the applicants.
(7) Such other and further particulars as the Administrative Office of
Pennsylvania Courts may require.
(b) Attorney General.--In addition to reports required to be made by applicants
pursuant to Title 18 U.S.C. s 2519, the Attorney General shall make annual reports
on the operation of this chapter to the Administrative Office of Pennsylvania
Courts and to the Judiciary Committees of the Senate and House of Representatives.
The reports by the Attorney General shall contain the same information which must
be reported pursuant to 18 U.S.C. s 2519(2).
District attorneys.--Each district attorney shall annually provide to the
Attorney General all of the foregoing information with respect to all applications
authorized by that district attorney on forms prescribed by the Attorney General.
(d) Other reports.--The Chief Justice of the Supreme Court and the Attorney
General shall annually report to the Governor and the General Assembly on such
aspects of the operation of this chapter as they deem appropriate and make any
recommendations they feel desirable as to legislative changes or improvements to
effectuate the purposes of this chapter and to assure and protect individual
rights.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988, Oct.
21, P.L. 1000, No. 115, s 5, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5724
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5724. Training
The Attorney General and the Commissioner of the Pennsylvania State Police shall
establish a course of training in the legal and technical aspects of wiretapping
and electronic surveillance as allowed or permitted by this subchapter, shall
establish such regulations as they find necessary and proper for such training
program and shall establish minimum standards for certification and periodic
recertification of Commonwealth investigative or law enforcement officers as
eligible to conduct wiretapping or electronic surveillance under this chapter.
The Pennsylvania State Police shall charge each investigative or law enforcement
officer who enrolls in this training program a reasonable enrollment fee to offset
the costs of such training.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1988 Oct. 21,
P.L. 1000, No. 115, s 5, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s 12,
imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5725
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5725. Civil action for unlawful interception, disclosure or use of
wire, electronic or oral communication
(a) Cause of action.--Any person whose wire, electronic or oral communication is
intercepted, disclosed or used in violation of this chapter shall have a civil
cause of action against any person who intercepts, discloses or uses or procures
any other person to intercept, disclose or use, such communication; and shall be
entitled to recover from any such person:
(1) Actual damages, but not less than liquidated damages computed at the rate of
$100 a day for each day of violation, or $1,000, whichever is higher.
(2) Punitive damages.
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
(b) Waiver of sovereign immunity.--To the extent that the Commonwealth and any of
its officers, officials or employees would be shielded from liability under this
section by the doctrine of sovereign immunity, such immunity is hereby waived for
the purposes of this section.
Defense.--It is a defense to an action brought pursuant to subsection (a) that
the actor acted in good faith reliance on a court order or the provisions of this
chapter.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1981, July
10, P.L. 228, No. 73, s 1, effective in 60 days; 1988, Oct. 21, P.L. 1000, No.
115, s 5, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5726
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5726. Action for removal from office or employment
(a) Cause of action.--Any aggrieved person shall have the right to bring an action
in Commonwealth Court against any investigative or law enforcement officer, public
official or public employee seeking the officer's, official's or employee's
removal from office or employment on the grounds that the officer, official or
employee has intentionally violated the provisions of this chapter. If the court
shall conclude that such officer, official or employee has in fact intentionally
violated the provisions of this chapter, the court shall order the dismissal or
removal from office of said officer, official or employee.
(b) Defense.--It is a defense to an action brought pursuant to subsection (a) that
the actor acted in good faith reliance on a court order or the provisions of this
chapter.
CREDIT(S)
1978, Oct. 4, P.L. 831, No. 164, s 2, effective in 60 days. Amended 1981, July
10, P.L. 228, No. 73, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5727
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5727. Repealed. 1988, Oct. 21, P.L. 1000, No. 115, s 6, imd.
effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5728
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
>>>> s 5728. Injunction against illegal interception
Whenever it shall appear that any person is engaged or is about to engage in any
act which constitutes or will constitute a felony violation of this subchapter,
the Attorney General may initiate a civil action in the Commonwealth Court to
enjoin the violation. The court shall proceed as soon as practicable to the
hearing and determination of the action and may, at any time before final
determination, enter a restraining order or prohibition, or take such other
action, as is warranted to prevent a continuing and substantial injury to the
Commonwealth or to any person or class of persons for whose protection the action
is brought. A proceeding under this section is governed by the Pennsylvania Rules
of Civil Procedure, except that, if a criminal complaint has been filed against
the respondent, discovery is governed by the Pennsylvania Rules of Criminal
Procedure.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 7, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5741
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5741. Unlawful access to stored communications
(a) Offense.--Except as provided in subsection , it is an offense to obtain,
alter or prevent authorized access to a wire or electronic communication while it
is in electronic storage by intentionally:
(1) accessing without authorization a facility through which an electronic
communication service is provided; or
(2) exceeding the scope of one's authorization to access the facility.
(b) Penalty.--
(1) If the offense is committed for the purpose of commercial advantage,
malicious destruction or damage, or private commercial gain, the offender shall
be subject to:
(i) a fine of not more than $250,000 or imprisonment for not more than one
year, or both, in the case of a first offense; or
(ii) a fine of not more than $250,000 or imprisonment for not more than two
years, or both, for any subsequent offense.
(2) In any other case, the offender shall be subject to a fine of not more than
$5,000 or imprisonment for not more than six months, or both.
Exceptions.--Subsection (a) of this section does not apply with respect to
conduct authorized:
(1) by the person or entity providing a wire or electronic communication
service;
(2) by a user of that service with respect to a communication of or intended for
that user; or
(3) in section 5743 (relating to requirements for governmental access) or 5744
(relating to backup preservation).
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5742
Effective: December 8, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5742. Disclosure of contents and records
(a) Prohibitions.--Except as provided in subsection (b) and :
(1) A person or entity providing an electronic communication service to the
public shall not knowingly divulge to any person or entity the contents of a
communication while in electronic storage by that service:
(i) On behalf of, and received by means of electronic transmission from, or
created by means of computer processing of communications received by means of
electronic transmission from, a subscriber or customer of the service.
(ii) Solely for the purpose of providing storage or computer processing
services to the subscriber or customer, if the provider is not authorized to
access the contents of any such communication for the purpose of providing any
services other than storage or computer processing.
(2) A person or entity providing remote computing service to the public shall
not knowingly divulge to any person or entity the contents of any communication
which is carried or maintained on that service:
(i) On behalf of, and received by means of electronic transmission from, or
created by means of computer processing of communications received by means of
electronic transmission from, a subscriber or customer of the service.
(ii) Solely for the purpose of providing storage or computer processing
services to the subscriber or customer, if the provider is not authorized to
access the contents of any such communication for the purpose of providing any
services other than storage or computer processing.
(3) A person or entity providing an electronic communication service or remote
computing service to the public shall not knowingly divulge a record or other
information pertaining to a subscriber to, or customer of, the service.
(b) Exceptions.--A person or entity may divulge the contents of a communication:
(1) to an addressee or intended recipient of the communication or an agent of
the addressee or intended recipient;
(2) as otherwise authorized in section 5704(1) (relating to prohibition of
interception and disclosure of communications), 5708 (relating to order
authorizing interception of wire, electronic or oral communications) or 5743
(relating to governmental access);
(3) with the lawful consent of the originator or an addressee or intended
recipient of the communication, or the subscriber in the case of remote
computing service;
(4) to a person employed or authorized or whose facilities are used to forward
the communication to its destination;
(5) as may be necessarily incident to the rendition of the service or to the
protection of the rights or property of the provider of the service; or
(6) to a law enforcement agency, if the contents:
(i) Were inadvertently obtained by the service provider.
(ii) Appear to pertain to the commission of a crime.
Exceptions for disclosure of records or other information.--A person or entity
may divulge a record or other information pertaining to a subscriber to, or
customer of, the service if any of the following paragraphs apply:
(1) A record or other information may be divulged incident to any service or
other business operation or to the protection of the rights or property of the
provider.
(2) A record or other information may be divulged to any of the following:
(i) An investigative or law enforcement official as authorized in section 5743.
(ii) The subscriber or customer upon request.
(iii) A third party, upon receipt from the requester of adequate proof of
lawful consent from the subscriber to, or customer of, the service to release
the information to the third party.
(iv) A party to a legal proceeding, upon receipt from the party of a court
order entered under subsection (c.1). This subparagraph does not apply to an
investigative or law enforcement official authorized under section 5743.
(3) Notwithstanding paragraph (2), a record or other information may be divulged
as authorized by a Commonwealth statute or as authorized by a Commonwealth
regulatory agency with oversight over the person or entity.
(4) Subject to paragraph (2), a record or other information may be divulged as
authorized by Federal law or as authorized by a Federal regulatory agency having
oversight over the person or entity.
(c.1) Order for release of records.--
(1) An order to divulge a record or other information pertaining to a subscriber
or customer under subsection (2)(iv) must be approved by a court presiding
over the proceeding in which a party seeks the record or other information.
(2) The order may be issued only after the subscriber or customer received
notice from the party seeking the record or other information and was given an
opportunity to be heard.
(3) The court may issue a preliminary order directing the provider to furnish
the court with the identity of or contact information for the subscriber or
customer if the party does not possess this information.
(4) An order for disclosure of a record or other information shall be issued
only if the party seeking disclosure demonstrates specific and articulable facts
to show that there are reasonable grounds to believe that the record or other
information sought is relevant and material to the proceeding. In making its
determination, the court shall consider the totality of the circumstances,
including input of the subscriber or customer, if any, and the likely impact of
the provider.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 2008, Oct. 9,
P.L. 1403, No. 111, s 2, effective in 60 days [Dec. 8, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5743
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5743. Requirements for governmental access
(a) Contents of communications in electronic storage.--Investigative or law
enforcement officers may require the disclosure by a provider of communication
service of the contents of a communication which is in electronic storage in a
communication system for:
(1) One hundred eighty days or less only pursuant to a warrant issued under the
Pennsylvania Rules of Criminal Procedure.
(2) More than 180 days by the means available under subsection (b).
(b) Contents of communications in a remote computing service.--
(1) Investigative or law enforcement officers may require a provider of remote
computing service to disclose the contents of any communication to which this
paragraph is made applicable by paragraph (2):
(i) without required notice to the subscriber or customer if the investigative
or law enforcement officer obtains a warrant issued under the Pennsylvania
Rules of Criminal Procedure; or
(ii) with prior notice from the investigative or law enforcement officer to the
subscriber or customer if the investigative or law enforcement officer:
(A) uses an administrative subpoena authorized by a statute or a grand jury
subpoena; or
(B) obtains a court order for the disclosure under subsection (d);
except that delayed notice may be given pursuant to section 5745 (relating to
delayed notice).
(2) Paragraph (1) is applicable with respect to a communication which is held or
maintained on that service:
(i) On behalf of and received by means of electronic transmission from, or
created by means of computer processing of communications received by means of
electronic transmission from, a subscriber or customer of the remote computing
service.
(ii) Solely for the purpose of providing storage or computer processing
services to the subscriber or customer, if the provider is not authorized to
access the contents of any such communication for the purpose of providing any
services other than storage or computer processing.
Records concerning electronic communication service or remote computing
service.--
(1) Deleted by 2008, Oct. 9, P.L. 1403, No. 111, s 3, effective in 60 days [Dec.
8, 2008].
(2) A provider of electronic communication service or remote computing service
shall disclose a record or other information pertaining to a subscriber to or
customer of the service, not including the contents of communications covered by
subsection (a) or (b), to an investigative or law enforcement officer only when
the investigative or law enforcement officer:
(i) uses an administrative subpoena authorized by a statute or a grand jury
subpoena;
(ii) obtains a warrant issued under the Pennsylvania Rules of Criminal
Procedure;
(iii) obtains a court order for the disclosure under subsection (d); or
(iv) has the consent of the subscriber or customer to the disclosure.
(3) An investigative or law enforcement officer receiving records or information
under paragraph (2) is not required to provide notice to the customer or
subscriber.
(d) Requirements for court order.--A court order for disclosure under subsection
(b) or shall be issued only if the investigative or law enforcement officer
shows that there are specific and articulable facts showing that there are
reasonable grounds to believe that the contents of a wire or electronic
communication, or the records or other information sought, are relevant and
material to an ongoing criminal investigation. A court issuing an order pursuant
to this section, on a motion made promptly by the service provider, may quash or
modify the order if the information or records requested are unusually voluminous
in nature or compliance with the order would otherwise cause an undue burden on
the provider.
(e) No cause of action against a provider disclosing information under this
subchapter.--No cause of action shall lie against any provider of wire or
electronic communication service, its officers, employees, agents or other
specified persons for providing information, facilities or assistance in
accordance with the terms of a court order, warrant, subpoena or certification
under this subchapter.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 12, imd. effective; 2008, Oct. 9, P.L. 1403, No. 111, s 3,
effective in 60 days [Dec. 8, 2008]; 2012, Oct. 25, P.L. 1634, No. 202, s 8,
effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5744
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5744. Backup preservation
(a) Backup preservation.--
(1) An investigative or law enforcement officer acting under section 5743(b)(2)
(relating to requirements for governmental access) may include in its subpoena
or court order a requirement that the service provider to whom the request is
directed create a backup copy of the contents of the electronic communications
sought in order to preserve those communications. Without notifying the
subscriber or customer of the subpoena or court order, the service provider
shall create the backup copy as soon as practicable, consistent with its regular
business practices, and shall confirm to the investigative or law enforcement
officer that the backup copy has been made. The backup copy shall be created
within two business days after receipt by the service provider of the subpoena
or court order.
(2) Notice to the subscriber or customer shall be made by the investigative or
law enforcement officer within three days after receipt of confirmation that the
backup copy has been made, unless the notice is delayed pursuant to section
5745(a) (relating to delayed notice).
(3) The service provider shall not destroy or permit the destruction of the
backup copy until the later of:
(i) the delivery of the information; or
(ii) the resolution of all proceedings, including appeals of any proceeding,
concerning the government's subpoena or court order.
(4) The service provider shall release the backup copy to the requesting
investigative or law enforcement officer no sooner than 14 days after the
officer's notice to the subscriber or customer if the service provider has not:
(i) received notice from the subscriber or customer that the subscriber or
customer has challenged the officer's request; and
(ii) initiated proceedings to challenge the request of the officer.
(5) An investigative or law enforcement officer may seek to require the creation
of a backup copy under paragraph (1) if in his sole discretion the officer
determines that there is reason to believe that notification under section 5743
of the existence of the subpoena or court order may result in destruction of or
tampering with evidence. This determination is not subject to challenge by the
subscriber, customer or service provider.
(b) Customer challenges.--
(1) Within 14 days after notice by the investigative or law enforcement officer
to the subscriber or customer under subsection (a)(2), the subscriber or
customer may file a motion to quash the subpoena or vacate the court order,
copies to be served upon the officer and written notice of the challenge to be
given to the service provider. A motion to vacate a court order shall be filed
in the court which issued the order. A motion to quash a subpoena shall be
filed in the court which has authority to enforce the subpoena. The motion or
application shall contain an affidavit or sworn statement:
(i) stating that the applicant is a customer of or subscriber to the service
from which the contents of electronic communications maintained for the
applicant have been sought; and
(ii) containing the applicant's reasons for believing that the records sought
are not relevant to a legitimate investigative or law enforcement inquiry or
that there has not been substantial compliance with the provisions of this
subchapter in some other respect.
(2) Service shall be made under this section upon the investigative or law
enforcement officer by delivering or mailing by registered or certified mail a
copy of the papers to the person, office or department specified in the notice
which the customer has received pursuant to this subchapter. For the purposes
of this section, the term "delivery" has the meaning given that term in the
Pennsylvania Rules of Civil Procedure.
(3) If the court finds that the customer has complied with paragraphs (1) and
(2), the court shall order the investigative or law enforcement officer to file
a sworn response, which may be filed in camera if the investigative or law
enforcement officer includes in its response the reasons which make in camera
review appropriate. If the court is unable to determine the motion or
application on the basis of the parties' initial allegations and responses, the
court may conduct such additional proceedings as it deems appropriate. All such
proceedings shall be completed and the motion or application decided as soon as
practicable after the filing of the officer's response.
(4) If the court finds that the applicant is not the subscriber or customer for
whom the communications sought by the investigative or law enforcement officer
are maintained, or that there is reason to believe that the investigative or law
enforcement inquiry is legitimate and that the communications sought are
relevant to that inquiry, it shall deny the motion or application and order the
process enforced. If the court finds that the applicant is the subscriber or
customer for whom the communications sought by the governmental entity are
maintained, and that there is not reason to believe that the communications
sought are relevant to a legitimate investigative or law enforcement inquiry, or
that there has not been substantial compliance with the provisions of this
subchapter, it shall order the process quashed.
(5) A court order denying a motion or application under this section shall not
be deemed a final order, and no interlocutory appeal may be taken therefrom.
The Commonwealth or investigative or law enforcement officer shall have the
right to appeal from an order granting a motion or application under this
section.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 12, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5745
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5745. Delayed notice
(a) Delay of notification.--
(1) An investigative or law enforcement officer acting under section 5743(b)
(relating to requirements for governmental access) may:
(i) where a court order is sought, include in the application a request for an
order delaying the notification required under section 5743(b) for a period not
to exceed 90 days, which request the court shall grant if it determines that
there is reason to believe that notification of the existence of the court
order may have an adverse result described in paragraph (2); or
(ii) where an administrative subpoena authorized by a statute or a grand jury
subpoena is obtained, delay the notification required under section 5743(b) for
a period not to exceed 90 days upon the execution of a written certification of
a supervisory official that there is reason to believe that notification of the
existence of the subpoena may have an adverse result described in paragraph
(2).
(2) An adverse result for the purposes of paragraph (1) is:
(i) endangering the life or physical safety of an individual;
(ii) flight from prosecution;
(iii) destruction of or tampering with evidence;
(iv) intimidation of potential witnesses; or
(v) otherwise seriously jeopardizing an investigation or unduly delaying a
trial.
(3) The investigative or law enforcement officer shall maintain a true copy of a
certification under paragraph (1)(ii).
(4) Extensions of the delay of notification provided for in section 5743 of up
to 90 days each may be granted by the court upon application or by certification
by a supervisory official in the case of an administrative or grand jury
subpoena.
(5) Upon expiration of the period of delay of notification under paragraph (1)
or (4), the investigative or law enforcement officer shall serve upon, or
deliver by registered or first class mail to, the customer or subscriber a copy
of the process or request together with notice which:
(i) states with reasonable specificity the nature of the investigative or law
enforcement inquiry; and
(ii) informs the customer or subscriber:
(A) that information maintained for the customer or subscriber by the service
provider named in the process or request was supplied to or requested by the
investigative or law enforcement officer and the date on which the supplying
or request took place;
(B) that notification of the customer or subscriber was delayed;
the identity of the investigative or law enforcement officer or the court
which made the certification or determination pursuant to which that delay
was made; and
(D) which provision of this subchapter authorizes the delay.
(6) As used in this subsection, the term "supervisory official" means the
investigative agent or assistant investigative agent in charge, or an
equivalent, of an investigative or law enforcement agency's headquarters or
regional office, or the chief prosecuting attorney or the first assistant
prosecuting attorney, or an equivalent, of a prosecuting attorney's headquarters
or regional office.
(b) Preclusion of notice to subject of governmental access.--An investigative or
law enforcement officer acting under section 5743, when he is not required to
notify the subscriber or customer under section 5743(b)(1), or to the extent that
it may delay such notice pursuant to subsection (a), may apply to a court for an
order commanding a provider of electronic communication service or remote
computing service to whom a warrant, subpoena or court order is directed, not to
notify any other person of the existence of the warrant, subpoena or court order
for such period as the court deems appropriate. The court shall enter such an
order if it determines that there is reason to believe that notification of the
existence of the warrant, subpoena or court order will result in:
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of a potential witness; or
(5) otherwise seriously jeopardizing an investigation or unduly delaying a
trial.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5746
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5746. Cost reimbursement
(a) Payment.--Except as otherwise provided in subsection , an investigative or
law enforcement officer obtaining the contents of communications, records or other
information under section 5742 (relating to disclosure of contents and records),
5743 (relating to requirements for governmental access) or 5744 (relating to
backup preservation) shall reimburse the person or entity assembling or providing
the information for such costs as are reasonably necessary and which have been
directly incurred in searching for, assembling, reproducing and otherwise
providing the information. Reimbursable costs shall include any costs due to
necessary disruption of normal operations of any electronic communication service
or remote computing service in which the information may be stored.
(b) Amount.--The amount of the reimbursement provided for in subsection (a) shall
be as mutually agreed upon by the investigative or law enforcement officer and the
person or entity providing the information or, in the absence of agreement, shall
be as determined by the court which issued the order for production of the
information or the court before which a criminal prosecution relating to the
information would be brought, if no court order was issued for production of the
information.
Applicability.--The requirement of subsection (a) does not apply with respect
to records or other information maintained by a communication common carrier which
relates to telephone toll records and telephone listings obtained under section
5743. The court may, however, order reimbursement as described in subsection (a)
if the court determines the information required is unusually voluminous or
otherwise caused an undue burden on the provider.
(d) Regulations.--The Attorney General shall promulgate regulations to implement
this section.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 2008, Oct. 9,
P.L. 1403, No. 111, s 3, effective in 60 days [Dec. 8, 2008]; 2012, Oct. 25, P.L.
1634, No. 202, s 9, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5747
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5747. Civil action
(a) Cause of action.--Except as provided in subsection 5743(e) (relating to
requirements for governmental access), any provider of electronic communication
service, subscriber or customer aggrieved by any violation of this subchapter in
which the conduct constituting the violation is engaged in with a knowing or
intentional state of mind may, in a civil action, recover from the person or
entity which engaged in the violation such relief as may be appropriate.
(b) Relief.--In a civil action under this section, appropriate relief includes:
(1) such preliminary and other equitable or declaratory relief as may be
appropriate;
(2) damages under subsection ; and
(3) reasonable attorney fees and other litigation costs reasonably incurred.
Damages.--The court may assess as damages in a civil action under this section
the sum of the actual damages suffered by the plaintiff and any profits made by
the violator as a result of the violation, but in no case shall a person entitled
to recover receive less than the sum of $1,000.
(d) Defense.--A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization
or a statutory authorization;
(2) a request of an investigative or law enforcement officer under section 5713
(relating to emergency situations); or
(3) a good faith determination that section 5704(10) (relating to exceptions to
prohibitions of interception and disclosure of communications) permitted the
conduct complained of; is a complete defense to any civil or criminal action
brought under this subchapter or any other law.
(e) Limitation.--A civil action under this section may not be commenced later than
two years after the date upon which the claimant first discovered or had a
reasonable opportunity to discover the violation.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 12, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5748
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5748. Exclusivity of remedies
The remedies and sanctions described in this subchapter are the only judicial
remedies and sanctions for nonconstitutional violations of this subchapter.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5749
Effective: June 11, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
>>>> s 5749. Retention of certain records
(a) Retention.--The commander shall maintain all recordings of oral communications
intercepted under section 5704(16) (relating to exceptions to prohibition of
interception and disclosure of communications) for a minimum of 31 days after the
date of the interception. All recordings made under section 5704(16) shall be
recorded over or otherwise destroyed no later than 90 days after the date of the
recording unless any of the following apply:
(1) The contents of the recording result in the issuance of a citation. Except
as otherwise authorized under this subsection, any recording maintained under
this paragraph shall be recorded over or destroyed no later than 90 days after
the conclusion of the proceedings related to the citation. All recordings under
this paragraph shall be maintained in accordance with section 5714(a) (relating
to recording of intercepted communications), except that monitors need not be
certified under section 5724 (relating to training).
(2) The commander or a law enforcement officer on the recording believes that
the contents of the recording or evidence derived from the recording may be
necessary in a proceeding for which disclosure is authorized under section 5717
(relating to investigative disclosure or use of contents of wire, electronic or
oral communications or derivative evidence) or 5721.1 (relating to evidentiary
disclosure of contents of intercepted communication or derivative evidence) or
in a civil proceeding. All recordings under this paragraph shall be maintained
in accordance with section 5714(a), except that monitors need not be certified
under section 5724.
(3) A criminal defendant who is a participant on the recording reasonably
believes that the recording may be useful for its evidentiary value at some
later time in a specific criminal proceeding and, no later than 30 days
following the filing of criminal charges, provides written notice to the
commander indicating a desire that the recording be maintained. The written
notice must specify the date, time and location of the recording; the names of
the parties involved; and, if known, the case docket number.
(4) An individual who is a participant on the recording intends to pursue a
civil action or has already initiated a civil action and, no later than 30 days
after the date of the recording, gives written notice to the commander
indicating a desire that the recording be maintained. The written notice must
specify the date, time and location of the recording; the names of the parties
involved; and, if a civil action has been initiated, the case caption and
docket number.
(5) The commander intends to use the recording for training purposes.
(b) Disclosure.--In addition to any disclosure authorized under sections 5717 and
5721.1, any recording maintained:
(1) Under subsection (a)(4) shall be disclosed pursuant to an order of court or
as required by the Pennsylvania Rules of Civil Procedure or the Pennsylvania
Rules of Evidence; and
(2) Under subsection (a)(5) shall be disclosed consistent with written consent
obtained from the law enforcement officer and all participants.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Commander." The:
(1) commissioner or a designee, if the recording at issue was made by a member
of the Pennsylvania State Police; or
(2) chief or a designee of the law enforcement agency which made the recording
at issue.
"Law enforcement officer." A member of the Pennsylvania State Police or an
individual employed as a police officer who is required to be trained under 53
Pa.C.S. Ch. 21 Subch. D [FN1] (relating to municipal police education and
training).
CREDIT(S)
2002, June 11, P.L. 370, No. 53, s 1, imd. effective.
[FN1] 53 Pa.C.S.A. s 2161 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5761
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter D. Mobile Tracking Devices
>>>> s 5761. Mobile tracking devices
(a) Authority to issue.--Orders for the installation and use of mobile tracking
devices may be issued by a court of common pleas.
(b) Jurisdiction.--Orders permitted by this section may authorize the use of
mobile tracking devices if the device is installed and monitored within this
Commonwealth. The court issuing the order must have jurisdiction over the offense
under investigation.
Standard for issuance of order.--An order authorizing the use of one or more
mobile tracking devices may be issued to an investigative or law enforcement
officer by the court of common pleas upon written application. Each application
shall be by written affidavit, signed and sworn to or affirmed before the court of
common pleas. The affidavit shall:
(1) state the name and department, agency or address of the affiant;
(2) identify the vehicles, containers or items to which, in which or on which
the mobile tracking device shall be attached or be placed, and the names of the
owners or possessors of the vehicles, containers or items;
(3) state the jurisdictional area in which the vehicles, containers or items are
expected to be found; and
(4) provide a statement setting forth all facts and circumstances which provide
the applicant with probable cause that criminal activity has been, is or will be
in progress and that the use of a mobile tracking device will yield information
relevant to the investigation of the criminal activity.
(d) Notice.--The court of common pleas shall be notified in writing within 72
hours of the time the mobile tracking device has been activated in place on or
within the vehicles, containers or items.
(e) Term of authorization.--Authorization by the court of common pleas for the use
of the mobile tracking device may continue for a period of 90 days from the
placement of the device. An extension for an additional 90 days may be granted
upon good cause shown.
(f) Removal of device.--Wherever practicable, the mobile tracking device shall be
removed after the authorization period expires. If removal is not practicable,
monitoring of the mobile tracking device shall cease at the expiration of the
authorization order.
(g) Movement of device.--Movement of the tracking device within an area protected
by a reasonable expectation of privacy shall not be monitored absent exigent
circumstances or an order supported by probable cause that criminal activity has
been, is or will be in progress in the protected area and that the use of a mobile
tracking device in the protected area will yield information relevant to the
investigation of the criminal activity.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 2008, Oct. 9,
P.L. 1403, No. 111, s 3, effective in 60 days [Dec. 8, 2008]; 2012, Oct. 25, P.L.
1634, No. 202, s 10, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5771
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter E. Pen Registers, Trap and Trace Devices, and
Telecommunication Identification Interception Devices
>>>> s 5771. General prohibition on use of certain devices and exception
(a) General rule.--Except as provided in this section, no person may install or
use a pen register or a trap and trace device or a telecommunication
identification interception device without first obtaining a court order under
section 5773 (relating to issuance of an order for use of certain devices).
(b) Exception.--The prohibition of subsection (a) does not apply with respect to
the use of a pen register, a trap and trace device or a telecommunication
identification interception device by a provider of electronic or wire
communication service:
(1) relating to the operation, maintenance and testing of a wire or electronic
communication service or to the protection of the rights or property of the
provider, or to the protection of users of the service from abuse of service or
unlawful use of service;
(2) to record the fact that a wire or electronic communication was initiated or
completed in order to protect the provider, another provider furnishing service
toward the completion of the wire communication or a user of the service from
fraudulent, unlawful or abusive use of service; or
(3) with the consent of the user of the service.
(b.1) Limitation.--A government agency authorized to install and use a pen
register under this chapter shall use technology reasonably available to it that
restricts the recording or decoding of electronic or other impulses to the dialing
and signaling information utilized in call processing.
Penalty.--Whoever intentionally and knowingly violates subsection (a) is
guilty of a misdemeanor of the third degree.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 14, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5772
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter E. Pen Registers, Trap and Trace Devices, and
Telecommunication Identification Interception Devices
>>>> s 5772. Application for an order for use of certain devices
(a) Application.--The Attorney General or a deputy attorney general designated in
writing by the Attorney General or a district attorney or an assistant district
attorney designated in writing by the district attorney may make application for
an order or an extension of an order under section 5773 (relating to issuance of
an order for use of certain devices) authorizing or approving disclosure of mobile
communications tracking information or, if necessary, the production and
disclosure of mobile communications tracking information, the installation and use
of a pen register, a trap and trace device or a telecommunication identification
interception device under this subchapter, in writing, under oath or equivalent
affirmation, to a court of common pleas having jurisdiction over the offense under
investigation or to any Superior Court judge when an application for an order
authorizing interception of communications is or has been made for the targeted
telephone or another application for interception under this subchapter has been
made involving the same investigation.
(b) Contents of application.--An application under subsection (a) shall include:
(1) The identity and authority of the attorney making the application and the
identity of the investigative or law enforcement agency conducting the
investigation.
(2) A certification by the applicant that the information likely to be obtained
is relevant to an ongoing criminal investigation being conducted by that agency.
(3) An affidavit by an investigative or law enforcement officer which
establishes probable cause for the issuance of an order or extension of an order
under section 5773.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 14, imd. effective; 2012, Oct. 25, P.L. 1634, No. 202, s 10,
effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5773
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter E. Pen Registers, Trap and Trace Devices, and
Telecommunication Identification Interception Devices
>>>> s 5773. Issuance of an order for use of certain devices
(a) In general.--Upon an application made under section 5772 (relating to
application for an order for use of certain devices), the court shall enter an ex
parte order authorizing the disclosure of mobile communications tracking
information, the installation and use of a pen register, a trap and trace device
or a telecommunication identification interception device within this Commonwealth
if the court finds that there is probable cause to believe that information
relevant to an ongoing criminal investigation will be obtained by such
installation and use on the targeted telephone. If exigent circumstances exist,
the court may verbally authorize the disclosure of mobile communications tracking
information, the installation and use of a pen register, a trap and trace device
or a telecommunication identification interception device. The written order
authorizing the disclosure must be entered within 72 hours of the court's verbal
authorization.
(b) Contents of order.--An order issued under this section shall:
(1) Specify:
(i) That there is probable cause to believe that information relevant to an
ongoing criminal investigation will be obtained from the targeted telephone.
(ii) The identity, if known, of the person to whom is leased or in whose name
is listed the targeted telephone, or, in the case of the use of a
telecommunication identification interception device, the identity, if known,
of the person or persons using the targeted telephone.
(iii) The identity, if known, of the person who is the subject of the criminal
investigation.
(iv) In the use of pen registers and trap and trace devices only, the physical
location of the targeted telephone.
(v) A statement of the offense to which the information likely to be obtained
by the pen register, trap and trace device or the telecommunication
identification interception device relates.
(2) Direct, upon the request of the applicant, the furnishing of information,
facilities and technical assistance necessary to accomplish the installation of
the pen register under section 5771 (relating to general prohibition on use of
certain devices and exception).
(3) In the case of a telecommunication identification interception device,
direct that all interceptions be recorded and monitored in accordance with
section 5714(a)(1) and (2) and (b) (relating to recording of intercepted
communications).
Time period and extensions.--
(1) An order issued under this section shall authorize the installation and use
of a pen register, trap and trace device or a telecommunication identification
interception device for a period not to exceed 60 days.
(2) Extensions of such an order may be granted but only upon an application for
an order under section 5772 and upon the judicial finding required by subsection
(a). The period of each extension shall be for a period not to exceed 30 days.
(d) Nondisclosure of existence of pen register, trap and trace device or a
telecommunication identification interception device.--An order authorizing or
approving the installation and use of a pen register, a trap and trace device or a
telecommunication identification interception device shall direct that:
(1) The order be sealed until otherwise ordered by the court.
(2) The person owning or leasing the targeted telephone, or who has been ordered
by the court to provide assistance to the applicant, not disclose the existence
of the pen register, trap and trace device or telecommunication identification
interception device or the existence of the investigation to the listed
subscriber, or to any other person, unless or until otherwise ordered by the
court.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 14, imd. effective; 2012, Oct. 25, P.L. 1634, No. 202, s 10,
effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5774
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter E. Pen Registers, Trap and Trace Devices, and
Telecommunication Identification Interception Devices
>>>> s 5774. Assistance in installation and use of certain devices
(a) Pen register.--Upon the request of an applicant under this subchapter, a
provider of wire or electronic communication service, landlord, custodian or other
person shall forthwith provide all information, facilities and technical
assistance necessary to accomplish the installation of the pen register
unobtrusively and with a minimum of interference with the services that the person
so ordered by the court accords the party with respect to whom the installation
and use is to take place, if assistance is directed by a court order as provided
in section 5773(b)(2) (relating to issuance of an order for use of certain
devices).
(b) Trap and trace device.--Upon the request of an applicant under this
subchapter, a provider of a wire or electronic communication service, landlord,
custodian or other person shall install the device forthwith on the appropriate
line and shall furnish all additional information, facilities and technical
assistance, including installation and operation of the device unobtrusively and
with a minimum of interference with the services that the person so ordered by the
court accords the party with respect to whom the installation and use is to take
place, if installation and assistance are directed by a court order as provided in
section 5773. Unless otherwise ordered by the court, the results of the trap and
trace device shall be furnished to the applicant designated in the court order at
reasonable intervals during regular business hours for the duration of the order.
Compensation.--A provider of wire or electronic communication service,
landlord, custodian or other person who furnishes facilities or technical
assistance pursuant to this section shall be reasonably compensated for reasonable
expenses incurred in providing the facilities and assistance.
(d) No cause of action against a provider disclosing information under this
subchapter.--No cause of action shall lie in any court against any provider of a
wire or electronic communication service, its officers, employees, agents or other
specified persons for providing information, facilities or assistance in
accordance with the terms of a court order under this subchapter.
(e) Defense.--A good faith reliance on a court order or a statutory authorization
is a complete defense against any civil or criminal action brought under this
subchapter or any other law.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 15, s 8, imd. effective. Amended 1998, Feb. 18,
P.L. 102, No. 19, s 14, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5775
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter E. Pen Registers, Trap and Trace Devices, and
Telecommunication Identification Interception Devices
>>>> s 5775. Reports concerning certain devices
(a) Attorney General.--The Attorney General shall annually report to the
Administrative Office of Pennsylvania Courts on the number of orders for pen
registers, trap and trace devices and telecommunication identification
interception devices applied for by investigative or law enforcement agencies of
the Commonwealth or its political subdivisions.
(b) District attorney.--Each district attorney shall annually provide to the
Attorney General information on the number of orders for pen registers, trap and
trace devices and telecommunication identification interception devices applied
for on forms prescribed by the Attorney General.
CREDIT(S)
1988, Oct. 21, P.L. No. 115, s 8, imd. effective. Amended 1998, Feb. 18, P.L.
102, No. 19, s 14, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5781
Effective: October 9, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter F. Miscellaneous
>>>> s 5781. Expiration of chapter
This chapter expires December 31, 2013, unless extended by statute.
CREDIT(S)
1988, Oct. 21, P.L. 1000, No. 115, s 8, imd. effective. Amended 1994, Dec. 12,
P.L. 1248, No. 148, s 1, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, s 14,
imd. effective; 2004, Nov. 29, P.L. 1349, No. 173, s 1, imd. effective; 2008,
Oct. 9, P.L. 1403, No. 111, s 3, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5782
Effective: June 11, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
+ Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
+ Subchapter F. Miscellaneous
>>>> s 5782. Regulations
The commissioner of the Pennsylvania State Police, in consultation with the
Attorney General, shall promulgate regulations consistent with sections 5704(16)
(relating to exceptions to prohibition of interception and disclosure of
communications) and 5749 (relating to retention of certain records) setting forth
procedures to be followed by law enforcement officers regarding the interception,
maintenance and destruction of recordings made under section 5704(16).
CREDIT(S)
2002, June 11, P.L. 370, No. 53, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5901
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 59. Public Indecency
>>>> s 5901. Open lewdness
A person commits a misdemeanor of the third degree if he does any lewd act which
he knows is likely to be observed by others who would be affronted or alarmed.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5902
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 59. Public Indecency
>>>> s 5902. Prostitution and related offenses
(a) Prostitution.--A person is guilty of prostitution if he or she:
(1) is an inmate of a house of prostitution or otherwise engages in sexual
activity as a business; or
(2) loiters in or within view of any public place for the purpose of being hired
to engage in sexual activity.
(a.1) Grading of offenses under subsection (a).--An offense under subsection (a)
constitutes a:
(1) Misdemeanor of the third degree when the offense is a first or second
offense.
(2) Misdemeanor of the second degree when the offense is a third offense.
(3) Misdemeanor of the first degree when the offense is a fourth or subsequent
offense.
(4) Felony of the third degree if the person who committed the offense knew that
he or she was human immunodeficiency virus (HIV) positive or manifesting
acquired immune deficiency syndrome (AIDS).
(b) Promoting prostitution.--A person who knowingly promotes prostitution of
another commits a misdemeanor or felony as provided in subsection of this
section. The following acts shall, without limitation of the foregoing,
constitute promoting prostitution:
(1) owning, controlling, managing, supervising or otherwise keeping, alone or in
association with others, a house of prostitution or a prostitution business;
(2) procuring an inmate for a house of prostitution or a place in a house of
prostitution for one who would be an inmate;
(3) encouraging, inducing, or otherwise intentionally causing another to become
or remain a prostitute;
(4) soliciting a person to patronize a prostitute;
(5) procuring a prostitute for a patron;
(6) transporting a person into or within this Commonwealth with intent to
promote the engaging in prostitution by that person, or procuring or paying for
transportation with that intent;
(7) leasing or otherwise permitting a place controlled by the actor, alone or in
association with others, to be regularly used for prostitution or the promotion
of prostitution, or failure to make reasonable effort to abate such use by
ejecting the tenant, notifying law enforcement authorities, or other legally
available means; or
(8) soliciting, receiving, or agreeing to receive any benefit for doing or
agreeing to do anything forbidden by this subsection.
(b.1) Promoting prostitution of minor.--A person who knowingly promotes
prostitution of a minor commits a felony of the third degree. The following acts
shall, without limitation of the foregoing, constitute promoting prostitution of a
minor:
(1) owning, controlling, managing, supervising or otherwise keeping, alone or in
association with others, a house of prostitution or a prostitution business in
which a victim is a minor;
(2) procuring an inmate who is a minor for a house of prostitution or a place in
a house of prostitution where a minor would be an inmate;
(3) encouraging, inducing or otherwise intentionally causing a minor to become
or remain a prostitute;
(4) soliciting a minor to patronize a prostitute;
(5) procuring a prostitute who is a minor for a patron;
(6) transporting a minor into or within this Commonwealth with intent to promote
the engaging in prostitution by that minor, or procuring or paying for
transportation with that intent;
(7) leasing or otherwise permitting a place controlled by the actor, alone or in
association with others, to be regularly used for prostitution of a minor or the
promotion of prostitution of a minor, or failure to make reasonable effort to
abate such use by ejecting the tenant, notifying law enforcement authorities or
other legally available means; or
(8) soliciting, receiving or agreeing to receive any benefit for doing or
agreeing to do anything forbidden by this subsection.
Grading of offenses under subsection (b).--
(1) An offense under subsection (b) constitutes a felony of the third degree if:
(i) the offense falls within paragraphs (b)(1), (b)(2) or (b)(3);
(ii) the actor compels another to engage in or promote prostitution;
(iii) Deleted by 2011, Dec. 20, P.L. 446, No. 111, s 1.2, effective in 60 days
[Feb. 21, 2012].
(iv) the actor promotes prostitution of his spouse, child, ward or any person
for whose care, protection or support he is responsible; or
(v) the person knowingly promoted prostitution of another who was HIV positive
or infected with the AIDS virus.
(2) Otherwise the offense is a misdemeanor of the second degree.
(d) Living off prostitutes.--A person, other than the prostitute or the
prostitute's minor child or other legal dependent incapable of self-support, who
is knowingly supported in whole or substantial part by the proceeds of
prostitution is promoting prostitution in violation of subsection (b) of this
section.
(e) Patronizing prostitutes.--A person commits the offense of patronizing
prostitutes if that person hires a prostitute or any other person to engage in
sexual activity with him or her or if that person enters or remains in a house of
prostitution for the purpose of engaging in sexual activity.
(e.1) Grading of offenses under subsection (e).--An offense under subsection (e)
constitutes a:
(1) Misdemeanor of the third degree when the offense is a first or second
offense.
(2) Misdemeanor of the second degree when the offense is a third offense.
(3) Misdemeanor of the first degree when the offense is a fourth or subsequent
offense.
(4) Felony of the third degree if the person who committed the offense knew that
he or she was human immunodeficiency virus (HIV) positive or manifesting
acquired immune deficiency syndrome (AIDS).
(e.2) Publication of sentencing order.--A court imposing a sentence for a second
or subsequent offense committed under subsection (e) shall publish the sentencing
order in a newspaper of general circulation in the judicial district in which the
court sits, and the court costs imposed on the person sentenced shall include the
cost of publishing the sentencing order.
(f) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"House of prostitution." Any place where prostitution or promotion of
prostitution is regularly carried on by one person under the control, management
or supervision of another.
"Inmate." A person who engages in prostitution in or through the agency of a
house of prostitution.
"Minor." An individual under 18 years of age.
"Public place." Any place to which the public or any substantial group thereof
has access.
"Sexual activity." Includes homosexual and other deviate sexual relations.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1978, Oct.
4, P.L. 909, No. 173, s 2, effective in 60 days; 1990, Feb. 2, P.L. 6, No. 4, s
6, effective in 60 days; 1992, July 9, P.L. 685, No. 100, s 1, effective in 60
days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), s 11, effective in 60
days; 1995, July 6, P.L. 242, No. 28, s 3, effective in 60 days; 2000, Dec. 20,
P.L. 973, No. 134, s 1, effective in 60 days; 2011, Dec. 20, P.L. 446, No. 111, s
1.2, effective in 60 days [Feb. 21, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5903
Effective: February 21, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 59. Public Indecency
>>>> s 5903. Obscene and other sexual materials and performances
(a) Offenses defined.--No person, knowing the obscene character of the materials
or performances involved, shall:
(1) display or cause or permit the display of any explicit sexual materials as
defined in subsection in or on any window, showcase, newsstand, display
rack, billboard, display board, viewing screen, motion picture screen, marquee
or similar place in such manner that the display is visible from any public
street, highway, sidewalk, transportation facility or other public thoroughfare,
or in any business or commercial establishment where minors, as a part of the
general public or otherwise, are or will probably be exposed to view all or any
part of such materials;
(2) sell, lend, distribute, transmit, exhibit, give away or show any obscene
materials to any person 18 years of age or older or offer to sell, lend,
distribute, transmit, exhibit or give away or show, or have in his possession
with intent to sell, lend, distribute, transmit, exhibit or give away or show
any obscene materials to any person 18 years of age or older, or knowingly
advertise any obscene materials in any manner;
(3)(i) design, copy, draw, photograph, print, utter, publish or in any manner
manufacture or prepare any obscene materials; or
(ii) design, copy, draw, photograph, print, utter, publish or in any manner
manufacture or prepare any obscene materials in which a minor is depicted;
(4)(i) write, print, publish, utter or cause to be written, printed, published
or uttered any advertisement or notice of any kind giving information, directly
or indirectly, stating or purporting to state where, how, from whom, or by what
means any obscene materials can be purchased, obtained or had; or
(ii) write, print, publish, utter or cause to be written, printed, published or
uttered any advertisement or notice of any kind giving information, directly or
indirectly, stating or purporting to state where, how, from whom or by what
means any obscene materials can be purchased, obtained or had in which a minor
is included;
(5)(i) produce, present or direct any obscene performance or participate in a
portion thereof that is obscene or that contributes to its obscenity; or
(ii) produce, present or direct any obscene performance or participate in a
portion thereof that is obscene or that contributes to its obscenity if a minor
is included;
(6) hire, employ, use or permit any minor child to do or assist in doing any act
or thing mentioned in this subsection;
(7) knowingly take or deliver in any manner any obscene material into a State
correctional institution, county prison, regional prison facility or any other
type of correctional facility;
(8) possess any obscene material while such person is an inmate of any State
correctional institution, county prison, regional prison facility or any other
type of correctional facility; or
(9) knowingly permit any obscene material to enter any State correctional
institution, county prison, regional prison facility or any other type of
correctional facility if such person is a prison guard or other employee of any
correctional facility described in this paragraph.
(a.1) Dissemination of explicit sexual material via an electronic communication.--
No person, knowing the content of the advertisement to be explicit sexual
materials as defined in subsection (1) and (2), shall transmit or cause to be
transmitted an unsolicited advertisement in an electronic communication as defined
in section 5702 (relating to definitions) to one or more persons within this
Commonwealth that contains explicit sexual materials as defined in subsection
(1) and (2) without including in the advertisement the term "ADV-ADULT" at the
beginning of the subject line of the advertisement.
(b) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Community." For the purpose of applying the "contemporary community standards"
in this section, community means the State.
"Knowing." As used in subsections (a) and (a.1), knowing means having general
knowledge of, or reason to know or a belief or ground for belief which warrants
further inspection or inquiry of, the character and content of any material or
performance described therein which is reasonably susceptible of examination by
the defendant.
"Material." Any literature, including any book, magazine, pamphlet, newspaper,
storypaper, bumper sticker, comic book or writing; any figure, visual
representation, or image, including any drawing, photograph, picture, videotape or
motion picture.
"Minor." An individual under 18 years of age.
"Nude." Means showing the human male or female genitals, pubic area or buttocks
with less than a fully opaque covering, or showing the female breast with less
than a fully opaque covering of any portion thereof below the top of the nipple.
"Obscene." Any material or performance, if:
(1) the average person applying contemporary community standards would find that
the subject matter taken as a whole appeals to the prurient interest;
(2) the subject matter depicts or describes in a patently offensive way, sexual
conduct of a type described in this section; and
(3) the subject matter, taken as a whole, lacks serious literary, artistic,
political, educational or scientific value.
"Performance." Means any play, dance or other live exhibition performed before an
audience.
"Sadomasochistic abuse." Means, in a sexual context, flagellation or torture by
or upon a person who is nude or clad in undergarments, a mask or in a bizarre
costume or the condition of being fettered, bound or otherwise physically
restrained on the part of one who is nude or so clothed.
"Sexual conduct." Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, anal or oral sodomy and sexual bestiality; and patently offensive
representations or descriptions of masturbation, excretory functions,
sadomasochistic abuse and lewd exhibition of the genitals.
"Subject line." The area of an electronic communication that contains a summary
description of the content of the message.
"Transportation facility." Any conveyance, premises or place used for or in
connection with public passenger transportation, whether by air, rail, motor
vehicle or any other method, including aircraft, watercraft, railroad cars, buses,
and air, boat, railroad and bus terminals and stations.
Dissemination to minors.--No person shall knowingly disseminate by sale, loan
or otherwise explicit sexual materials to a minor. "Explicit sexual materials," as
used in this subsection, means materials which are obscene or:
(1) any picture, photograph, drawing, sculpture, motion picture film, videotape
or similar visual representation or image of a person or portion of the human
body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is
harmful to minors; or
(2) any book, pamphlet, magazine, printed matter however reproduced, or sound
recording which contains any matter enumerated in paragraph (1), or explicit and
detailed verbal descriptions or narrative accounts of sexual excitement, sexual
conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to
minors.
(d) Admitting minor to show.--It shall be unlawful for any person knowingly to
exhibit for monetary consideration to a minor or knowingly to sell to a minor an
admission ticket or pass or knowingly to admit a minor for a monetary
consideration to premises whereon there is exhibited, a motion picture show or
other presentation or performance which, in whole or in part, depicts nudity,
sexual conduct, or sadomasochistic abuse and which is harmful to minors, except
that the foregoing shall not apply to any minor accompanied by his parent.
(e) Definitions.--As used in subsections and (d) of this section:
(1) Deleted by 2011, Dec. 20, P.L. 446, No. 111, s 1.2, effective in 60 days
[Feb. 21, 2012].
(2) "Nudity" means the showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering, or the showing of the female
breast with less than a fully opaque covering of any portion thereof below the
top of the nipple, or the depiction of covered male genitals in a discernibly
turgid state.
(3) "Sexual conduct" means acts of masturbation, homosexuality, sexual
intercourse, sexual bestiality or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
(4) "Sexual excitement" means the condition of human male or female genitals
when in a state of sexual stimulation or arousal.
(5) "Sadomasochistic abuse" means flagellation or torture by or upon a person
clad in undergarments, a mask or bizarre costume, or the condition of being
fettered, bound or otherwise physically restrained on the part of one so
clothed.
(6) "Harmful to minors" means that quality of any description or representation,
in whatever form, of nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse, when it:
(i) predominantly appeals to the prurient, shameful, or morbid interest of
minors; and
(ii) is patently offensive to prevailing standards in the adult community as a
whole with respect to what is suitable material for minors; and
(iii) taken as a whole, lacks serious literary, artistic, political,
educational or scientific value for minors.
(7) "Knowingly" means having general knowledge of, or reason to know, or a
belief or ground for belief which warrants further inspection or inquiry of
both:
(i) the character and content of any material or performance described herein
which is reasonably susceptible of examination by the defendant; and
(ii) the age of the minor: Provided, however, That an honest mistake shall
constitute an excuse from liability hereunder if the defendant made a
reasonable bona fide attempt to ascertain the true age of such minor.
(f) Requiring sale as condition of business dealings.--No person shall knowingly
require any distributor or retail seller as a condition to sale or delivery for
resale or consignment of any literature, book, magazine, pamphlet, newspaper,
storypaper, paper, comic book, writing, drawing, photograph, videotape, figure or
image, or any written or printed matter, or any article or instrument to purchase
or take by consignment for purposes of sale, resale or distribution any obscene
literature, book, magazine, pamphlet, newspaper, storypaper, paper, comic book,
writing, drawing, photograph, videotape, figure or image, or any written or
printed matter of an obscene nature or any article or instrument of an obscene
nature.
(g) Injunction.--The attorney for the Commonwealth may institute proceedings in
equity in the court of common pleas of the county in which any person violates or
clearly is about to violate this section for the purpose of enjoining such
violation. The court shall issue an injunction only after written notice and
hearing and only against the defendant to the action. The court shall hold a
hearing within three days after demand by the attorney for the Commonwealth, one
of which days must be a business day for the court, and a final decree shall be
filed in the office of the prothonotary within 24 hours after the close of the
hearing. A written memorandum supporting the decree shall be filed within five
days of the filing of the decree. The attorney for the Commonwealth shall prove
the elements of the violation beyond a reasonable doubt. The defendant shall have
the right to trial by jury at the said hearing.
(h) Criminal prosecution.--
(1) Any person who violates subsection (a), (a.1) or (f) is guilty of a
misdemeanor of the first degree. Violation of subsection (a) is a felony of the
third degree if the offender has previously been convicted of a violation of
subsection (a) or if the material was sold, distributed, prepared or published
for the purpose of resale.
(2) Any person who violates subsection or (d) is guilty of a felony of the
third degree. Violation of subsection or (d) is a felony of the second
degree if the offender has previously been convicted of a violation of
subsection or (d).
(3) Findings made in an equity action shall not be binding in the criminal
proceedings.
(i) Right to jury trial.--The right to trial by jury shall be preserved in all
proceedings under this section.
(j) Exemptions.--Nothing in this section shall apply to any recognized historical
society or museum accorded charitable status by the Federal Government, any
county, city, borough, township or town library, any public library, any library
of any school, college or university or any archive or library under the
supervision and control of the Commonwealth or a political subdivision.
(k) Ordinances or resolutions.--Nothing in this chapter shall be construed to
invalidate, supersede, repeal or preempt any ordinance or resolution of any
political subdivision insofar as it is consistent with this chapter, and political
subdivisions further retain the right to regulate any activities, displays,
exhibitions or materials not specifically regulated by this chapter.
(l) Penalty for attempt to evade prosecution.--Any person who violates subsection
(a.1) and attempts to avoid prosecution by knowingly including false or misleading
information in the return address portion of the electronic communications such
that the recipient would be unable to send a reply message to the original,
authentic sender shall, in addition to any other penalty imposed, upon conviction,
be sentenced to pay a fine of not less than $100 nor more than $500 per message or
to imprisonment for not more than 90 days, or both, for a first offense and a fine
of not less than $500 nor more than $1,000 or to imprisonment for not more than
one year, or both, for a second or subsequent offense.
(m) Concurrent jurisdiction to prosecute.--The Attorney General shall have the
concurrent prosecutorial jurisdiction with the district attorney for cases arising
under subsection (a.1) and may refer to the district attorney, with the district
attorney's consent, any violation or alleged violation of subsection (a.1) which
may come to the Attorney General's attention.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1977, Nov.
5, P.L. 221, No. 68, s1, effective in 60 days; 1980 Oct. 16, P.L. 978, No. 167, s
2, effective in 60 days; 1990, Dec. 19, P.L. 1332, No. 207, s 1, imd. effective;
1998, June 18, P.L. 534, No. 76, s 1, effective in 60 days; 2000, June 13, P.L.
130, No. 25, s 1, effective in 60 days; 2000, Dec. 20, P.L. 721, No. 98, s 1,
imd. effective; 2011, Dec. 20, P.L. 446, No. 111, s 1.2, effective in 60 days
[Feb. 21, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 5904
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article F. Offenses Against Public Order and Decency
+ Chapter 59. Public Indecency
>>>> s 5904. Public exhibition of insane or deformed person
A person is guilty of a misdemeanor of the second degree if he exhibits in any
place, for a pecuniary consideration or reward, any insane, idiotic or deformed
person, or imbecile.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 61, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 61,
Subch. A, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles
+ Subchapter A. Uniform Firearms Act
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6101
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6101. Short title of subchapter
This subchapter shall be known and may be cited as the Pennsylvania Uniform
Firearms Act of 1995.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 2, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6102
Effective: August 29, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6102. Definitions
Subject to additional definitions contained in subsequent provisions of this
subchapter which are applicable to specific provisions of this subchapter, the
following words and phrases, when used in this subchapter shall have, unless the
context clearly indicates otherwise, the meanings given to them in this section:
"Commissioner." The Commissioner of the Pennsylvania State Police.
"Commonwealth Photo Imaging Network." The computer network administered by the
Commonwealth and used to record and store digital photographs of an individual's
face and any scars, marks, tattoos or other unique features of the individual.
"Conviction." A conviction, a finding of guilty or the entering of a plea of
guilty or nolo contendere, whether or not judgment of sentence has been imposed,
as determined by the law of the jurisdiction in which the prosecution was held.
The term does not include a conviction which has been expunged or overturned or
for which an individual has been pardoned unless the pardon expressly provides
that the individual may not possess or transport firearms.
"County treasurer." The county treasurer or, in home rule or optional plan
counties, the person whose duties encompass those of a county treasurer.
"Crime punishable by imprisonment exceeding one year." The term does not include
any of the following:
(1) Federal or State offenses pertaining to antitrust, unfair trade practices,
restraints on trade or regulation of business.
(2) State offenses classified as misdemeanors and punishable by a term of
imprisonment not to exceed two years.
"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any
shotgun with a barrel length less than 18 inches or any rifle with a barrel length
less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall
length of less than 26 inches. The barrel length of a firearm shall be determined
by measuring from the muzzle of the barrel to the face of the closed action, bolt
or cylinder, whichever is applicable.
"Fund." The Firearm Ownership Fund established in section 6111.3 (relating to
Firearm Ownership Fund).
"Law enforcement officer." Any person employed by any police department or
organization of the Commonwealth or political subdivision thereof who is empowered
to effect an arrest with or without warrant and who is authorized to carry a
firearm in the performance of that person's duties.
"Loaded." A firearm is loaded if the firing chamber, the nondetachable magazine
or, in the case of a revolver, any of the chambers of the cylinder contain
ammunition capable of being fired. In the case of a firearm which utilizes a
detachable magazine, the term shall mean a magazine suitable for use in said
firearm which magazine contains such ammunition and has been inserted in the
firearm or is in the same container or, where the container has multiple
compartments, the same compartment thereof as the firearm. If the magazine is
inserted into a pouch, holder, holster or other protective device that provides
for a complete and secure enclosure of the ammunition, then the pouch, holder,
holster or other protective device shall be deemed to be a separate compartment.
"Pennsylvania Sheriffs' Association." The State association of sheriffs
authorized by the act of June 14, 1923 (P.L. 774, No. 305), [FN1] entitled "An
act authorizing the sheriffs of the several counties of this Commonwealth to
organize themselves into a State Association, for the purpose of holding annual
meetings, to secure more uniformity and cooperation in the conduct of their
offices, and providing for the payment of certain expenses in connection with such
meetings by the various counties."
"Safekeeping permit." As defined in 23 Pa.C.S. s 6102 (relating to definitions).
"Sheriff."
(1) Except as provided in paragraph (2), the sheriff of the county.
(2) In a city of the first class, the chief or head of the police department.
"State." When used in reference to different parts of the United States, includes
the District of Columbia, the Commonwealth of Puerto Rico and territories and
possessions of the United States.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988, Dec.
19, P.L. 1275, No. 158, s 1, effective in 180 days; 1995, June 13, P.L. 1024, No.
17 (Spec. Sess. No. 1), s 2, effective in 120 days; 1995, Nov. 22, P.L. 621, No.
66, s 3, imd. effective; 2005, Nov. 10, P.L. 335, No. 66, s 1, effective in 180
days [May 9, 2006]; 2011, June 28, P.L. 48, No. 10, s 5, effective in 60 days
[Aug. 29, 2011].
[FN1] 16 P.S. s 7241 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6103. Crimes committed with firearms
If any person commits or attempts to commit a crime enumerated in section 6105
(relating to persons not to possess, use, manufacture, control, sell or transfer
firearms) when armed with a firearm contrary to the provisions of this subchapter,
that person may, in addition to the punishment provided for the crime, also be
punished as provided by this subchapter.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 2, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6104. Evidence of intent
In the trial of a person for committing or attempting to commit a crime enumerated
in section 6105 (relating to persons not to possess, use, manufacture, control,
sell or transfer firearms), the fact that that person was armed with a firearm,
used or attempted to be used, and had no license to carry the same, shall be
evidence of that person's intention to commit the offense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 2, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6105
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6105. Persons not to possess, use, manufacture, control, sell or
transfer firearms
(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b),
within or without this Commonwealth, regardless of the length of sentence or
whose conduct meets the criteria in subsection shall not possess, use,
control, sell, transfer or manufacture or obtain a license to possess, use,
control, sell, transfer or manufacture a firearm in this Commonwealth.
(2)(i) A person who is prohibited from possessing, using, controlling, selling,
transferring or manufacturing a firearm under paragraph (1) or subsection (b)
or shall have a reasonable period of time, not to exceed 60 days from the
date of the imposition of the disability under this subsection, in which to
sell or transfer that person's firearms to another eligible person who is not a
member of the prohibited person's household.
(ii) This paragraph shall not apply to any person whose disability is imposed
pursuant to subsection (6).
(a.1) Penalty.--
(1) A person convicted of a felony enumerated under subsection (b) or a felony
under the act of April 14, 1972 (P.L. 233, No. 64), [FN1] known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal
statute or equivalent statute of any other state, who violates subsection (a)
commits a felony of the second degree.
(2) A person who is the subject of an active protection from abuse order issued
pursuant to 23 Pa.C.S. s 6108 (relating to relief), which order provided for the
relinquishment of firearms, other weapons or ammunition during the period of
time the order is in effect, commits a misdemeanor of the first degree if he
intentionally or knowingly fails to relinquish a firearm, other weapon or
ammunition to the sheriff as required by the order unless, in lieu of
relinquishment, he provides an affidavit which lists the firearms, other weapons
or ammunition to the sheriff in accordance with either 23 Pa.C.S. s
6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for consignment sale,
lawful transfer or safekeeping) or 6108.3 (relating to relinquishment to third
party for safekeeping).
(3)(i) A person commits a misdemeanor of the third degree if he intentionally
or knowingly accepts possession of a firearm, other weapon or ammunition from a
person he knows is the subject of an active protection from abuse order issued
pursuant to 23 Pa.C.S. s 6108, which order provided for the relinquishment of
the firearm, other weapon or ammunition during the period of time the order is
in effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a firearm, other weapon or
ammunition relinquished pursuant to 23 Pa.C.S. s 6108.3; or
(B) a dealer licensed pursuant to section 6113 (relating to licensing of
dealers) or subsequent purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other weapon or ammunition
relinquished pursuant to 23 Pa.C.S. s 6108.2.
(4) It shall be an affirmative defense to any prosecution under paragraph (3)
that the person accepting possession of a firearm, other weapon or ammunition in
violation of paragraph (3):
(i) notified the sheriff as soon as practicable that he has taken possession;
and
(ii) relinquished possession of any firearm, other weapon or ammunition
possessed in violation of paragraph (3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm, other weapon or
ammunition pursuant to 23 Pa.C.S. s 6108.3 commits a misdemeanor of the first
degree if he intentionally or knowingly returns a firearm, other weapon or
ammunition to a defendant or intentionally or knowingly allows a defendant to
have access to the firearm, other weapon or ammunition prior to either of the
following:
(i) The sheriff accepts return of the safekeeping permit issued to the party
pursuant to 23 Pa.C.S. s 6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to subsection (f)(2) or 23 Pa.C.S.
s 6108.1(b) (relating to return of relinquished firearms, other weapons and
ammunition and additional relief) which modifies a valid protection from abuse
order issued pursuant to 23 Pa.C.S. s 6108, which order provided for the
relinquishment of the firearm, other weapon or ammunition by allowing the
defendant to take possession of the firearm, other weapon or ammunition that
had previously been ordered relinquished.
(b) Enumerated offenses.--The following offenses shall apply to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if the offense is based on
the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor vehicle or structure).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the offense is graded a felony
of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or disposition) upon
conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the offense is accompanied by
threats of violence.
Section 3925 (relating to receiving stolen property) upon conviction of the
second felony offense.
Section 4906 (relating to false reports to law enforcement authorities) if the
fictitious report involved the theft of a firearm as provided in section
4906(2).
Section 4912 (relating to impersonating a public servant) if the person is
impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or victims).
Section 4953 (relating to retaliation against witness , victim or party).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary training).
Section 5516 (relating to facsimile weapons of mass destruction).
Section 6110.1 (relating to possession of firearm by minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and explosives).
Any offense equivalent to any of the above-enumerated offenses under the prior
laws of this Commonwealth or any offense equivalent to any of the
above-enumerated offenses under the statutes of any other state or of the United
States.
Other persons.--In addition to any person who has been convicted of any
offense listed under subsection (b), the following persons shall be subject to the
prohibition of subsection (a):
(1) A person who is a fugitive from justice. This paragraph does not apply to an
individual whose fugitive status is based upon a nonmoving or moving summary
offense under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under the act of April 14,
1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, or any equivalent Federal statute or equivalent statute of any
other state, that may be punishable by a term of imprisonment exceeding two
years.
(3) A person who has been convicted of driving under the influence of alcohol or
controlled substance as provided in 75 Pa.C.S. s 3802 (relating to driving under
influence of alcohol or controlled substance) or the former 75 Pa.C.S. s 3731,
on three or more separate occasions within a five-year period. For the purposes
of this paragraph only, the prohibition of subsection (a) shall only apply to
transfers or purchases of firearms after the third conviction.
(4) A person who has been adjudicated as an incompetent or who has been
involuntarily committed to a mental institution for inpatient care and treatment
under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L.
817, No. 143), [FN2] known as the Mental Health Procedures Act. This paragraph
shall not apply to any proceeding under section 302 of the Mental Health
Procedures Act unless the examining physician has issued a certification that
inpatient care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or unlawfully in the United
States.
(6) A person who is the subject of an active protection from abuse order issued
pursuant to 23 Pa.C.S. s 6108, which order provided for the relinquishment of
firearms during the period of time the order is in effect. This prohibition
shall terminate upon the expiration or vacation of an active protection from
abuse order or portion thereof relating to the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. s
6341 (relating to adjudication) or under any equivalent Federal statute or
statute of any other state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to
assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. s
6341 or under any equivalent Federal statute or statute of any other state as a
result of conduct which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those crimes set forth in
paragraph (7). This prohibition shall terminate 15 years after the last
applicable delinquent adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or acquiring a firearm under 18
U.S.C. s 922(g)(9) (relating to unlawful acts). If the offense which resulted
in the prohibition under 18 U.S.C. s 922(g)(9) was committed, as provided in 18
U.S.C. s 921(a)(33)(A)(ii) (relating to definitions), by a person in any of the
following relationships:
(i) the current or former spouse, parent or guardian of the victim;
(ii) a person with whom the victim shares a child in common;
(iii) a person who cohabits with or has cohabited with the victim as a spouse,
parent or guardian; or
(iv) a person similarly situated to a spouse, parent or guardian of the victim;
then the relationship need not be an element of the offense to meet the
requirements of this paragraph.
(d) Exemption.--A person who has been convicted of a crime specified in subsection
(a) or (b) or a person whose conduct meets the criteria in subsection (1), (2),
(5), (7) or (9) may make application to the court of common pleas of the county
where the principal residence of the applicant is situated for relief from the
disability imposed by this section upon the possession, transfer or control of a
firearm. The court shall grant such relief if it determines that any of the
following apply:
(1) The conviction has been vacated under circumstances where all appeals have
been exhausted or where the right to appeal has expired.
(2) The conviction has been the subject of a full pardon by the Governor.
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United States has relieved the
applicant of an applicable disability imposed by Federal law upon the
possession, ownership or control of a firearm as a result of the applicant's
prior conviction, except that the court may waive this condition if the court
determines that the Congress of the United States has not appropriated
sufficient funds to enable the Secretary of the Treasury to grant relief to
applicants eligible for the relief.
(ii) A period of ten years, not including any time spent in incarceration, has
elapsed since the most recent conviction of the applicant of a crime enumerated
in subsection (b), a felony violation of The Controlled Substance, Drug, Device
and Cosmetic Act or the offense which resulted in the prohibition under 18
U.S.C. s 922(g)(9).
(e) Proceedings.--
(1) If a person convicted of an offense under subsection (a),(b) or (1),
(2), (5), (7) or (9) makes application to the court, a hearing shall be held in
open court to determine whether the requirements of this section have been met.
The commissioner and the district attorney of the county where the application
is filed and any victim or survivor of a victim of the offense upon which the
disability is based may be parties to the proceeding.
(2) Upon application to the court of common pleas pursuant to paragraph (1) by
an applicant who is subject to the prohibition under subsection (3), the
court shall grant such relief if a period of ten years, not including any time
spent in incarceration, has passed since the applicant's most recent conviction
under subsection (3).
(f) Other exemptions and proceedings.--
(1) Upon application to the court of common pleas under this subsection by an
applicant subject to the prohibitions under subsection (4), the court may
grant such relief as it deems appropriate if the court determines that the
applicant may possess a firearm without risk to the applicant or any other
person.
(2) If application is made under this subsection for relief from the disability
imposed under subsection (6), notice of such application shall be given to
the person who had petitioned for the protection from abuse order, and such
person shall be a party to the proceedings. Notice of any court order or
amendment to a court order restoring firearms possession or control shall be
given to the person who had petitioned for the protection from abuse order, to
the sheriff and to the Pennsylvania State Police. The application and any
proceedings on the application shall comply with 23 Pa.C.S. Ch. 61 (relating to
protection from abuse).
(3) All hearings conducted under this subsection shall be closed unless
otherwise requested to be open by the applicant.
(4)(i) The owner of any seized or confiscated firearms or of any firearms
ordered relinquished under 23 Pa.C.S. s 6108 shall be provided with a signed
and dated written receipt by the appropriate law enforcement agency. This
receipt shall include, but not limited to, a detailed identifying description
indicating the serial number and condition of the firearm. In addition, the
appropriate law enforcement agency shall be liable to the lawful owner of said
confiscated, seized or relinquished firearm for any loss, damage or substantial
decrease in value of said firearm that is a direct result of a lack of
reasonable care by the appropriate law enforcement agency.
(ii) Firearms shall not be engraved or permanently marked in any manner,
including, but not limited to, engraving of evidence or other identification
numbers. Unless reasonable suspicion exists to believe that a particular
firearm has been used in the commission of a crime, no firearm shall be test
fired. Any reduction in the value of a firearm due to test firing, engraving
or permanently marking in violation of this paragraph shall be considered
damage, and the law enforcement agency shall be liable to the lawful owner of
the firearm for the reduction in value caused by the test firing, engraving or
permanently marking.
(iii) For purposes of this paragraph, the term "firearm" shall include any
scope, sight, bipod, sling, light, magazine, clip, ammunition or other firearm
accessory attached to or seized, confiscated or relinquished with a firearm.
(g) Other restrictions.--Nothing in this section shall exempt a person from a
disability in relation to the possession or control of a firearm which is imposed
as a condition of probation or parole or which is imposed pursuant to the
provision of any law other than this section.
(h) License prohibition.--Any person who is prohibited from possessing, using,
controlling, selling, purchasing, transferring or manufacturing any firearm under
this section shall not be eligible for or permitted to obtain a license to carry a
firearm under section 6109 (relating to licenses).
(i) Firearm.--As used in this section only, the term "firearm" shall include any
weapons which are designed to or may readily be converted to expel any projectile
by the action of an explosive or the frame or receiver of any such weapon.
(j) Copy of order to State Police.--If the court grants relief from the
disabilities imposed under this section, a copy of the order shall be sent by the
prothonotary within ten days of the entry of the order to the Pennsylvania State
Police and shall include the name, date of birth and Social Security number of the
individual.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 2, effective in 120 days; 1995, Nov.
22, P.L. 621, No. 66, s 4, imd. effective; 1997, April 22, P.L. 73, No. 5, s 1,
effective in 60 days; 1998, June 18, P.L. 503, No. 70, s 2, imd. effective;
1998, Dec. 3, P.L. 933, No. 121, s 4, imd. effective; 1999, Dec. 15, P.L. 915,
No. 59, s 4, effective in 60 days; 2002, June 28, P.L. 481, No. 82, s 5,
effective in 60 days; 2002, Dec. 9, P.L. 1759, No. 218, s 5, effective in 60
days; 2003, Sept. 30, P.L. 120, No. 24, s 1, effective Feb. 1, 2004; 2005, Nov.
10, P.L. 335, No. 66, s 2, effective in 180 days [May 9, 2006]; 2008, Oct. 17,
P.L. 1628, No. 131, s 1.2, effective in 60 days [Dec. 16, 2008].
[FN1] 35 P.S. s 780-101 et seq.
[FN2] 50 P.S. s 7302 to 7304.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6105.1
Effective: December 9, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6105.1. Restoration of firearm rights for offenses under prior laws
of this Commonwealth
(a) Restoration.--A person convicted of a disabling offense may make application
to the court of common pleas in the county where the principal residence of the
applicant is situated for restoration of firearms rights. The court shall grant
restoration of firearms rights after a hearing in open court to determine whether
the requirements of this section have been met unless:
(1) the applicant has been convicted of any other offense specified in section
6105(a) or (b) (relating to persons not to possess, use, manufacture, control,
sell or transfer firearms) or the applicant's conduct meets the criteria in
section 6105(1), (2), (3), (4), (5), (6) or (7);
(2) the applicant has been convicted of any other crime punishable by
imprisonment exceeding one year as defined in section 6102 (relating to
definitions); or
(3) the applicant's character and reputation is such that the applicant would be
likely to act in a manner dangerous to public safety.
(b) Notice and standing.--
(1) Notice of an application for restoration of firearms rights shall be
provided to the Pennsylvania State Police, the district attorney of the county
where the disabling offense occurred and the district attorney of the county
where the application is filed. The district attorney of the county where the
application is filed, the district attorney of the county where the disabling
offense occurred and the Pennsylvania State Police may, at their option, be
parties to the proceeding.
(2) Notwithstanding paragraph (1), the standing of the Pennsylvania State Police
as a party to a proceeding under this section shall be limited to determinations
of whether the offense meets the definition of the phrase "disabling offense" or
whether the provisions of subsection (a)(1) and (2) have been satisfied.
Copy of order to Pennsylvania State Police.--If the court grants restoration
of firearms rights to an applicant, a copy of the order shall be sent by the
prothonotary within ten days of the entry of the order to the district attorneys
and the Pennsylvania State Police, Firearms Division, and shall include the name,
date of birth and Social Security number of the applicant.
(d) Expungement and pardon.--A restoration of firearms rights under this section
shall not result in the expungement of any criminal history record information nor
will it constitute a gubernatorial pardon.
(e) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Disabling offense." A conviction for any offense which:
(1) resulted in a Federal firearms disability and is substantially similar to
either an offense currently graded as a crime punishable by a term of
imprisonment for not more than two years or conduct which no longer constitutes
a violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code,
or the former act of April 29, 1959 (P.L. 58, No. 32), known as The Vehicle
Code; or
(ii) the former act of June 24, 1939 (P.L.872, No.375), known as the Penal
Code.
The definition shall not include any offense which, if committed under
contemporary standards, would constitute a misdemeanor of the second degree or
greater under section 2701 (relating to simple assault) and was committed by a
current or former spouse, parent or guardian of the victim, by a person with whom
the victim shares a child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse, parent or guardian or by a person
similarly situated to a spouse, parent or guardian of the victim.
"Restoration of firearms rights." Relieving any and all disabilities with respect
to a person's right to own, possess, use, control, sell, purchase, transfer,
manufacture, receive, ship or transport firearms, including any disabilities
imposed pursuant to this subchapter. The phrase shall also mean the restoration
of the right to vote, to hold public office and to serve on a jury.
CREDIT(S)
2002, Dec. 9, P.L. 1391, No. 172, s 2, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6106
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6106. Firearms not to be carried without a license
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any
vehicle or any person who carries a firearm concealed on or about his person,
except in his place of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a [FN1] valid license under
this chapter but carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place of abode or fixed
place of business, without a valid and lawfully issued license and has not
committed any other criminal violation commits a misdemeanor of the first
degree.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen
of this Commonwealth or its political subdivisions, or other law-enforcement
officers.
(2) Members of the army, navy, marine corps, air force or coast guard of the
United States or of the National Guard or organized reserves when on duty.
(3) The regularly enrolled members of any organization duly organized to
purchase or receive such firearms from the United States or from this
Commonwealth.
(4) Any persons engaged in target shooting with a firearm, if such persons are
at or are going to or from their places of assembly or target practice and if,
while going to or from their places of assembly or target practice, the firearm
is not loaded.
(5) Officers or employees of the United States duly authorized to carry a
concealed firearm.
(6) Agents, messengers and other employees of common carriers, banks, or
business firms, whose duties require them to protect moneys, valuables and other
property in the discharge of such duties.
(7) Any person engaged in the business of manufacturing, repairing, or dealing
in firearms, or the agent or representative of any such person, having in his
possession, using or carrying a firearm in the usual or ordinary course of such
business.
(8) Any person while carrying a firearm which is not loaded and is in a secure
wrapper from the place of purchase to his home or place of business, or to a
place of repair, sale or appraisal or back to his home or place of business, or
in moving from one place of abode or business to another or from his home to a
vacation or recreational home or dwelling or back, or to recover stolen property
under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use or maintenance of
firearms or back or to a location to which the person has been directed to
relinquish firearms under 23 Pa.C.S. s 6108 (relating to relief) or back upon
return of the relinquished firearm or to a licensed dealer's place of business
for relinquishment pursuant to 23 Pa.C.S. s 6108.2 (relating to relinquishment
for consignment sale, lawful transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. s
6108.3 (relating to relinquishment to third party for safekeeping) or back upon
return of the relinquished firearm.
(9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if
such persons are actually hunting, taking furbearers or fishing as permitted by
such license, or are going to the places where they desire to hunt, take
furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually training dogs during
the regular training season.
(11) Any person while carrying a firearm in any vehicle, which person possesses
a valid and lawfully issued license for that firearm which has been issued under
the laws of the United States or any other state.
(12) A person who has a lawfully issued license to carry a firearm pursuant to
section 6109 (relating to licenses) and that said license expired within six
months prior to the date of arrest and that the individual is otherwise eligible
for renewal of the license.
(13) Any person who is otherwise eligible to possess a firearm under this
chapter and who is operating a motor vehicle which is registered in the person's
name or the name of a spouse or parent and which contains a firearm for which a
valid license has been issued pursuant to section 6109 to the spouse or parent
owning the firearm.
(14) A person lawfully engaged in the interstate transportation of a firearm as
defined under 18 U.S.C. s 921(a)(3) (relating to definitions) in compliance with
18 U.S.C. s 926A (relating to interstate transportation of firearms).
(15) Any person who possesses a valid and lawfully issued license or permit to
carry a firearm which has been issued under the laws of another state,
regardless of whether a reciprocity agreement exists between the Commonwealth
and the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for individuals licensed to carry
firearms under section 6109.
(ii) The Attorney General has determined that the firearm laws of the state are
similar to the firearm laws of this Commonwealth.
(16) Any person holding a license in accordance with section 6109(f)(3).
Sportsman's firearm permit.--
(1) Before any exception shall be granted under paragraph (b)(9) or (10) of this
section to any person 18 years of age or older licensed to hunt, trap or fish or
who has been issued a permit relating to hunting dogs, such person shall, at the
time of securing his hunting, furtaking or fishing license or any time after
such license has been issued, secure a sportsman's firearm permit from the
county treasurer. The sportsman's firearm permit shall be issued immediately
and be valid throughout this Commonwealth for a period of five years from the
date of issue for any legal firearm, when carried in conjunction with a valid
hunting, furtaking or fishing license or permit relating to hunting dogs. The
sportsman's firearm permit shall be in triplicate on a form to be furnished by
the Pennsylvania State Police. The original permit shall be delivered to the
person, and the first copy thereof, within seven days, shall be forwarded to the
Commissioner of the Pennsylvania State Police by the county treasurer. The
second copy shall be retained by the county treasurer for a period of two years
from the date of expiration. The county treasurer shall be entitled to collect
a fee of not more than $6 for each such permit issued, which shall include the
cost of any official form. The Pennsylvania State Police may recover from the
county treasurer the cost of any such form, but may not charge more than $1 for
each official permit form furnished to the county treasurer.
(2) Any person who sells or attempts to sell a sportsman's firearm permit for a
fee in excess of that amount fixed under this subsection commits a summary
offense.
(d) Revocation of registration.--Any registration of a firearm under subsection
of this section may be revoked by the county treasurer who issued it, upon
written notice to the holder thereof.
(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and (8), the term "firearm"
shall include any weapon which is designed to or may readily be converted to
expel any projectile by the action of an explosive or the frame or receiver of
the weapon.
(2) As used in this section, the phrase "place of instruction" shall include any
hunting club, rifle club, rifle range, pistol range, shooting range, the
premises of a licensed firearms dealer or a lawful gun show or meet.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1973, Oct.
12, P.L. 283, No. 81, s 1, effective June 6, 1973; 1986, July 8, P.L. 442, No.
93, s 2, eff. July 1, 1987; 1988, Dec. 19, P.L. 1275, No. 158, s 1, effective in
180 days; 1995, Nov. 22, P.L. 621, No. 66, s 4, imd. effective; 1997, April 22,
P.L. 73, No. 5, s 1, effective in 60 days; 2000, Dec. 20, P.L. 728, No. 101, s 3,
effective in 60 days; 2005, Nov. 10, P.L. 335, No. 66, s 3, effective in 180 days
[May 9, 2006]; 2008, Oct. 17, P.L. 1628, No. 131, s 2, effective in 60 days [Dec.
16, 2008].
[FN1] "a" omitted in enrolled bill.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6106.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6106.1. Carrying loaded weapons other than firearms
(a) General rule.-- Except as provided in Title 34 (relating to game), no person
shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as
defined in section 6102 (relating to definitions), in any vehicle. The provisions
of this section shall not apply to persons excepted from the requirement of a
license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to
firearms not to be carried without a license) nor shall the provisions of this
section be construed to permit persons to carry firearms in a vehicle where such
conduct is prohibited by section 6106.
(b) Penalty.--A person who violates the provisions of this section commits a
summary offense.
CREDIT(S)
1989, Dec. 7, P.L. 607, No. 68, s 1, effective in 60 days. Amended 1995, June 13,
P.L. 1024, No. 17 (Spec. Sess. No. 1) s 2, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6107
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6107. Prohibited conduct during emergency
(a) General rule.--No person shall carry a firearm upon the public streets or upon
any public property during an emergency proclaimed by a State or municipal
governmental executive unless that person is:
(1) Actively engaged in a defense of that person's life or property from peril
or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is
exempt from licensing under section 6106(b) (relating to firearms not to be
carried without a license).
(b) Seizure, taking and confiscation.--Except as otherwise provided under
subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating
to Commonwealth services) or any other provision of law to the contrary, no
firearm, accessory or ammunition may be seized, taken or confiscated during an
emergency unless the seizure, taking or confiscation would be authorized absent
the emergency.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other
related item that is attached to or necessary for the operation of a firearm.
"Firearm." The term includes any weapon that is designed to or may readily be
converted to expel any projectile by the action of an explosive or the frame or
receiver of any weapon.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 2, effective in 120 days; 2008, Oct.
17, P.L. 1628, No. 131, s 3, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6108
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6108. Carrying firearms on public streets or public property in
Philadelphia
No person shall carry a firearm, rifle or shotgun at any time upon the public
streets or upon any public property in a city of the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106(b) of this title
(relating to firearms not to be carried without a license).
CREDIT(S)
1972, Dec. 6, P.L., 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6109
Effective: August 29, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6109. Licenses
(a) Purpose of license.--A license to carry a firearm shall be for the purpose of
carrying a firearm concealed on or about one's person or in a vehicle throughout
this Commonwealth.
(b) Place of application.--An individual who is 21 years of age or older may apply
to a sheriff for a license to carry a firearm concealed on or about his person or
in a vehicle within this Commonwealth. If the applicant is a resident of this
Commonwealth, he shall make application with the sheriff of the county in which he
resides or, if a resident of a city of the first class, with the chief of police
of that city.
Form of application and content.--The application for a license to carry a
firearm shall be uniform throughout this Commonwealth and shall be on a form
prescribed by the Pennsylvania State Police. The form may contain provisions, not
exceeding one page, to assure compliance with this section. Issuing authorities
shall use only the application form prescribed by the Pennsylvania State Police.
One of the following reasons for obtaining a firearm license shall be set forth in
the application: self-defense, employment, hunting and fishing, target shooting,
gun collecting or another proper reason. The application form shall be dated and
signed by the applicant and shall contain the following statement:
I have never been convicted of a crime that prohibits me from possessing or
acquiring a firearm under Federal or State law. I am of sound mind and have
never been committed to a mental institution. I hereby certify that the
statements contained herein are true and correct to the best of my knowledge
and belief. I understand that, if I knowingly make any false statements
herein, I am subject to penalties prescribed by law. I authorize the sheriff,
or his designee, or, in the case of first class cities, the chief or head of
the police department, or his designee, to inspect only those records or
documents relevant to information required for this application. If I am
issued a license and knowingly become ineligible to legally possess or acquire
firearms, I will promptly notify the sheriff of the county in which I reside
or, if I reside in a city of the first class, the chief of police of that city.
(d) Sheriff to conduct investigation.--The sheriff to whom the application is made
shall:
(1) investigate the applicant's record of criminal conviction;
(2) investigate whether or not the applicant is under indictment for or has ever
been convicted of a crime punishable by imprisonment exceeding one year;
(3) investigate whether the applicant's character and reputation are such that
the applicant will not be likely to act in a manner dangerous to public safety;
(4) investigate whether the applicant would be precluded from receiving a
license under subsection (e)(1) or section 6105(h) (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency and mental health check
following the procedures set forth in section 6111 (relating to sale or transfer
of firearms), receive a unique approval number for that inquiry and record the
date and number on the application.
(e) Issuance of license.--
(1) A license to carry a firearm shall be for the purpose of carrying a firearm
concealed on or about one's person or in a vehicle and shall be issued if, after
an investigation not to exceed 45 days, it appears that the applicant is an
individual concerning whom no good cause exists to deny the license. A license
shall not be issued to any of the following:
(i) An individual whose character and reputation is such that the individual
would be likely to act in a manner dangerous to public safety.
(ii) An individual who has been convicted of an offense under the act of April
14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device
and Cosmetic Act. [FN1]
(iii) An individual convicted of a crime enumerated in section 6105.
(iv) An individual who, within the past ten years, has been adjudicated
delinquent for a crime enumerated in section 6105 or for an offense under The
Controlled Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who has ever been committed to a
mental institution.
(vi) An individual who is addicted to or is an unlawful user of marijuana or a
stimulant, depressant or narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been convicted of a crime
punishable by imprisonment for a term exceeding one year except as provided for
in section 6123 (relating to waiver of disability or pardons).
(ix) A resident of another state who does not possess a current license or
permit or similar document to carry a firearm issued by that state if a license
is provided for by the laws of that state, as published annually in the Federal
Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of
the Treasury under 18 U.S.C. s 921(a)(19) (relating to definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the armed forces of the United
States under dishonorable conditions.
(xii) An individual who is a fugitive from justice. This subparagraph does not
apply to an individual whose fugitive status is based upon nonmoving or moving
summary offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited from possessing, using,
manufacturing, controlling, purchasing, selling or transferring a firearm as
provided by section 6105.
(xiv) An individual who is prohibited from possessing or acquiring a firearm
under the statutes of the United States.
(2) Deleted by 1995, June 13, No. 17 (Spec. Sess. No. 1), s 2, effective in 120
days.
(3) The license to carry a firearm shall be designed to be uniform throughout
this Commonwealth and shall be in a form prescribed by the Pennsylvania State
Police. The license shall bear the following:
(i) The name, address, date of birth, race, sex, citizenship, height, weight,
color of hair, color of eyes and signature of the licensee.
(ii) The signature of the sheriff issuing the license.
(iii) A license number of which the first two numbers shall be a county
location code followed by numbers issued in numerical sequence.
(iv) The point-of-contact telephone number designated by the Pennsylvania State
Police under subsection (l).
(v) The reason for issuance.
(vi) The period of validation.
(4) The sheriff shall require a photograph of the licensee on the license. The
photograph shall be in a form compatible with the Commonwealth Photo Imaging
Network.
(5) The original license shall be issued to the applicant. The first copy of
the license shall be forwarded to the Pennsylvania State Police within seven
days of the date of issue. The second copy shall be retained by the issuing
authority for a period of seven years. Except pursuant to court order, both
copies and the application shall, at the end of the seven-year period, be
destroyed unless the license has been renewed within the seven-year period.
(f) Term of license.--
(1) A license to carry a firearm issued under subsection (e) shall be valid
throughout this Commonwealth for a period of five years unless extended under
paragraph (3) or sooner revoked.
(2) At least 60 days prior to the expiration of each license, the issuing
sheriff shall send to the licensee an application for renewal of license.
Failure to receive a renewal application shall not relieve a licensee from the
responsibility to renew the license.
(3) Notwithstanding paragraph (1) or any other provision of law to the contrary,
a license to carry a firearm that is held by a member of the United States Armed
Forces or the Pennsylvania National Guard on Federal active duty and deployed
overseas that is scheduled to expire during the period of deployment shall be
extended until 90 days after the end of the deployment.
(4) Possession of a license, together with a copy of the person's military
orders showing the dates of overseas deployment, including the date that the
overseas deployment ends, shall constitute, during the extension period
specified in paragraph (3), a defense to any charge filed pursuant to section
6106 (relating to firearms not to be carried without a license) or 6108
(relating to carrying firearms on public streets or public property in
Philadelphia).
(g) Grant or denial of license.--Upon the receipt of an application for a license
to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a
license on the basis of the investigation under subsection (d) and the accuracy of
the information contained in the application. If the sheriff refuses to issue a
license, the sheriff shall notify the applicant in writing of the refusal and the
specific reasons. The notice shall be sent by certified mail to the applicant at
the address set forth in the application.
(h) Fee.--
(1) In addition to fees described in paragraphs (2)(ii) and (3), the fee for a
license to carry a firearm is $19. This includes all of the following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section 14(2) of the act of July 6, 1984
(P.L. 614, No. 127), [FN2] known as the Sheriff Fee Act.
(2) Expired May 9, 2011, pursuant to 2005, Nov. 10, P.L. 335, No. 66, s 3.
(3) An additional fee of $1 shall be paid by the applicant for a license to
carry a firearm and shall be remitted by the sheriff to the Firearms License
Validation System Account, which is hereby established as a special restricted
receipt account within the General Fund of the State Treasury. The account
shall be used for purposes under subsection (l). Moneys credited to the account
and any investment income accrued are hereby appropriated on a continuing basis
to the Pennsylvania State Police.
(4) No fee other than that provided by this subsection or the Sheriff Fee Act
may be assessed by the sheriff for the performance of any background check made
pursuant to this act.
(5) The fee is payable to the sheriff to whom the application is submitted and
is payable at the time of application for the license.
(6) Except for the administrative fee of $5 under section 14(2) of the Sheriff
Fee Act, all other fees shall be refunded if the application is denied but shall
not be refunded if a license is issued and subsequently revoked.
(7) A person who sells or attempts to sell a license to carry a firearm for a
fee in excess of the amounts fixed under this subsection commits a summary
offense.
(i) Revocation.--A license to carry firearms may be revoked by the issuing
authority for good cause. A license to carry firearms shall be revoked by the
issuing authority for any reason stated in subsection (e)(1) which occurs during
the term of the permit. Notice of revocation shall be in writing and shall state
the specific reason for revocation. Notice shall be sent by certified mail to the
individual whose license is revoked, and, at that time, notice shall also be
provided to the Pennsylvania State Police by electronic means, including e-mail or
facsimile transmission, that the license is no longer valid. An individual whose
license is revoked shall surrender the license to the issuing authority within
five days of receipt of the notice. An individual whose license is revoked may
appeal to the court of common pleas for the judicial district in which the
individual resides. An individual who violates this section commits a summary
offense.
(i.1) Notice to sheriff.--Notwithstanding any statute to the contrary:
(1) Upon conviction of a person for a crime specified in section 6105(a) or (b)
or upon conviction of a person for a crime punishable by imprisonment exceeding
one year or upon a determination that the conduct of a person meets the criteria
specified in section 6105(1), (2), (3), (5), (6) or (9), the court shall
determine if the defendant has a license to carry firearms issued pursuant to
this section. If the defendant has such a license, the court shall notify the
sheriff of the county in which that person resides, on a form developed by the
Pennsylvania State Police, of the identity of the person and the nature of the
crime or conduct which resulted in the notification. The notification shall be
transmitted by the judge within seven days of the conviction or determination.
(2) Upon adjudication that a person is incompetent or upon the involuntary
commitment of a person to a mental institution for inpatient care and treatment
under the act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health
Procedures Act, or upon involuntary treatment of a person as described under
section 6105(4), the judge of the court of common pleas, mental health review
officer or county mental health and mental retardation administrator shall
notify the sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity of the person who
has been adjudicated, committed or treated and the nature of the adjudication,
commitment or treatment. The notification shall be transmitted by the judge,
mental health review officer or county mental health and mental retardation
administrator within seven days of the adjudication, commitment or treatment.
(j) Immunity.--A sheriff who complies in good faith with this section shall be
immune from liability resulting or arising from the action or misconduct with a
firearm committed by any individual to whom a license to carry a firearm has been
issued.
(k) Reciprocity.--
(1) The Attorney General shall have the power and duty to enter into reciprocity
agreements with other states providing for the mutual recognition of a license
to carry a firearm issued by the Commonwealth and a license or permit to carry a
firearm issued by the other state. To carry out this duty, the Attorney General
is authorized to negotiate reciprocity agreements and grant recognition of a
license or permit to carry a firearm issued by another state.
(2) The Attorney General shall report to the General Assembly within 180 days of
the effective date of this paragraph and annually thereafter concerning the
agreements which have been consummated under this subsection.
(l) Firearms License Validation System.--
(1) The Pennsylvania State Police shall establish a nationwide toll- free
telephone number, known as the Firearms License Validation System, which shall
be operational seven days a week, 24 hours per day, for the purpose of
responding to law enforcement inquiries regarding the validity of any
Pennsylvania license to carry a firearm.
(2) Notwithstanding any other law regarding the confidentiality of information,
inquiries to the Firearms License Validation System regarding the validity of
any Pennsylvania license to carry a firearm may only be made by law enforcement
personnel acting within the scope of their official duties.
(3) Law enforcement personnel outside this Commonwealth shall provide their
originating agency identifier number and the license number of the license to
carry a firearm which is the subject of the inquiry.
(4) Responses to inquiries by law enforcement personnel outside this
Commonwealth shall be limited to the name of the licensee, the validity of the
license and any information which may be provided to a criminal justice agency
pursuant to Chapter 91 (relating to criminal history record information).
(m) Inquiries.--
(1) The Attorney General shall, not later than one year after the effective date
of this subsection and not less than once annually, contact in writing the
appropriate authorities in any other state which does not have a current
reciprocity agreement with the Commonwealth to determine if:
(i) the state will negotiate a reciprocity agreement;
(ii) a licensee may carry a concealed firearm in the state; or
(iii) a licensee may apply for a license or permit to carry a firearm issued by
the state.
(2) The Attorney General shall maintain a current list of those states which
have a reciprocity agreement with the Commonwealth, those states which allow
licensees to carry a concealed firearm and those states which allow licensees to
apply for a license or permit to carry a firearm. This list shall be posted on
the Internet, provided to the Pennsylvania State Police and made available to
the public upon request.
(m.1) Temporary emergency licenses.--
(1) A person seeking a temporary emergency license to carry a concealed firearm
shall submit to the sheriff of the county in which the person resides all of the
following:
(i) Evidence of imminent danger to the person or the person's minor child. For
purposes of this subparagraph, the term "minor" shall have the same meaning as
provided in 1 Pa.C.S. s 1991 (relating to definitions).
(ii) A sworn affidavit that contains the information required on an application
for a license to carry a firearm and attesting that the person is 21 years of
age or older, is not prohibited from owning firearms under section 6105
(relating to persons not to possess, use, manufacture, control, sell or
transfer firearms) or any other Federal or State law and is not currently
subject to a protection from abuse order or a protection order issued by a
court of another state.
(iii) In addition to the provisions of subsection (h), a temporary emergency
license fee established by the Commissioner of the Pennsylvania State Police
for an amount that does not exceed the actual cost of conducting the criminal
background check or $10, whichever is less.
(iv) An application for a license to carry a firearm on the form prescribed
pursuant to subsection .
(2) Upon receipt of the items required under paragraph (1), the sheriff
immediately shall conduct a criminal history, juvenile delinquency and mental
health record check of the applicant pursuant to section 6105. Immediately upon
receipt of the results of the records check, the sheriff shall review the
information and shall determine whether the applicant meets the criteria set
forth in this subsection. If the sheriff determines that the applicant has met
all of the criteria, the sheriff shall immediately issue the applicant a
temporary emergency license to carry a concealed firearm.
(3) If the sheriff refuses to issue a temporary emergency license, the sheriff
shall specify the grounds for the denial in a written notice to the applicant.
The applicant may appeal the denial or challenge criminal records check results
that were the basis of the denial, if applicable, in the same manner as a denial
of a license to carry a firearm under this section.
(4) A temporary emergency license issued under this subsection shall be valid
for 45 days and may not be renewed. A person who has been issued a temporary
emergency license under this subsection shall not be issued another temporary
emergency license unless at least five years have expired since the issuance of
the prior temporary emergency license. During the 45 days the temporary
emergency license is valid, the sheriff shall conduct an additional
investigation of the person for the purposes of determining whether the person
may be issued a license pursuant to this section. If, during the course of this
investigation, the sheriff discovers any information that would have prohibited
the issuance of a license pursuant to this section, the sheriff shall be
authorized to revoke the temporary emergency license as provided in subsection
(i).
(5) The temporary emergency license issued pursuant to this section shall be
consistent with the form prescribed in subsection (e)(3), (4) and (5). In
addition to the information provided in those paragraphs, the temporary
emergency license shall be clearly marked "Temporary."
(6) A person who holds a temporary emergency license to carry a firearm shall
have the same rights to carry a firearm as a person issued a license to carry a
firearm under this section. A licensee under this subsection shall be subject
to all other duties, restrictions and penalties under this section, including
revocation pursuant to subsection (i).
(7) A sheriff who issues a temporary emergency license to carry a firearm shall
retain, for the entire period during which the temporary emergency license is in
effect, the evidence of imminent danger that the applicant submitted to the
sheriff that was the basis for the license, or a copy of the evidence, as
appropriate.
(8) A person applying for a temporary emergency license shall complete the
application required pursuant to subsection and shall provide at the time of
application the information required in paragraph (1).
(9) Prior to the expiration of a temporary emergency license, if the sheriff has
determined pursuant to investigation that the person issued a temporary
emergency license is not disqualified and if the temporary emergency license has
not been revoked pursuant to subsection (i), the sheriff shall issue a license
pursuant to this section that is effective for the balance of the five-year
period from the date of the issuance of the temporary emergency license.
Records and all other information, duties and obligations regarding such
licenses shall be applicable as otherwise provided in this section.
(10) As used in this subsection, the term "evidence of imminent danger" means:
(i) a written document prepared by the Attorney General, a district attorney, a
chief law enforcement officer, judicial officer or their designees describing
the facts that give a person reasonable cause to fear a criminal attack upon
the person or the person's minor child. For the purposes of this subparagraph,
the term "chief law enforcement officer" shall have the same meaning as
provided in 42 Pa.C.S. s 8951 (relating to definitions) and "judicial officer"
shall have the same meaning as provided in 42 Pa.C.S. s 102 (relating to
definitions).
(ii) a police report.
(m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506
(relating to violation of rules regarding conduct on Commonwealth property), 75
Pa.C.S. s 7727 (relating to additional limitations on operation) or the act of
June 28, 1995 (P.L. 89, No. 18), [FN3] known as the Conservation and Natural
Resources Act, and regulations promulgated under that act, a firearm may be
carried as provided in subsection (a) by:
(1) a law enforcement officer whose current identification as a law enforcement
officer shall be construed as a valid license to carry a firearm; or
(2) any licensee.
(m.3) Construction.--Nothing in this section shall be construed to:
(1) Permit the hunting or harvesting of any wildlife with a firearm or
ammunition not otherwise permitted by 34 Pa.C.S. (relating to game).
(2) Authorize any Commonwealth agency to regulate the possession of firearms in
any manner inconsistent with the provisions of this title.
(n) Definition.--As used in this section, the term "licensee" means an individual
who is licensed to carry a firearm under this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1986,
April 17, P.L. 82, No. 28, s 1, effective Jan. 1, 1987; 1988, Dec. 19, P.L. 1275,
No. 158, s 1, effective in 180 days; 1995, June 13, P.L. 1024, No. 17 (Spec.
Sess. No. 1), s 2, effective in 120 days; 1995, Nov. 22, P.L. 621, No. 66, s 4
imd. effective; 1997, April 22, P.L. 73, No. 5, s 1, effective in 60 days; 1998,
June 18, P.L. 503, No. 70, s 3, imd. effective; 2005, Nov. 10, P.L. 335, No. 66,
s 3; 2008, Oct. 17, P.L. 1628, No. 131, s 4, effective in 60 days [Dec. 16,
2008]; 2011, June 28, P.L. 48, No. 10, s 6, effective in 60 days [Aug. 29, 2011].
[FN1] 35 P.S. s 780-101 et seq.
[FN2] 42 P.S. s 21114(2).
[FN3] 71 P.S. s 1340.101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6110
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6110. Repealed. 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No.
1), s 3, effective in 120 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6110.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6110.1. Possession of firearm by minor
(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age
shall not possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an
adult acting with the expressed consent of the minor's custodial parent or legal
guardian and the minor is engaged in lawful activity, including safety training,
lawful target shooting, engaging in an organized competition involving the use
of a firearm or the firearm is unloaded and the minor is transporting it for a
lawful purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating
to game).
Responsibility of adult.--Any person who knowingly and intentionally delivers
or provides to the minor a firearm in violation of subsection (a) commits a felony
of the third degree.
(d) Forfeiture.--Any firearm in the possession of a person under 18 years of age
in violation of this section shall be promptly seized by the arresting law
enforcement officer and upon conviction or adjudication of delinquency shall be
forfeited or, if stolen, returned to the lawful owner.
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 4, effective in 120 days.
Amended 1995, Nov. 22, P.L. 621, No. 66, s 4, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6110.2
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6110.2. Possession of firearm with altered manufacturer's number
(a) General rule.--No person shall possess a firearm which has had the
manufacturer's number integral to the frame or receiver altered, changed, removed
or obliterated.
(b) Penalty.--A person who violates this section commits a felony of the second
degree.
Definition.--As used in this section, the term "firearm" shall have the same
meaning as that term is defined in section 6105(i) (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms), except that the
term shall not include antique firearms as defined in section 6118 (relating to
antique firearms).
CREDIT(S)
1999, Dec. 15, P.L. 915, No. 59, s 5, effective in 60 days. Amended 2008, Oct.
17, P.L. 1628, No. 131, s 5, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6111
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6111. Sale or transfer of firearms
(a) Time and manner of delivery.--
(1) Except as provided in paragraph (2), no seller shall deliver a firearm to
the purchaser or transferee thereof until 48 hours shall have elapsed from the
time of the application for the purchase thereof, and, when delivered, the
firearm shall be securely wrapped and shall be unloaded.
(2) Thirty days after publication in the Pennsylvania Bulletin that the
Instantaneous Criminal History Records Check System has been established in
accordance with the Brady Handgun Violence Prevention Act (Public Law 103-159,
18 U.S.C. s 921 et seq.), no seller shall deliver a firearm to the purchaser
thereof until the provisions of this section have been satisfied, and, when
delivered, the firearm shall be securely wrapped and shall be unloaded.
(b) Duty of seller.--No licensed importer, licensed manufacturer or licensed
dealer shall sell or deliver any firearm to another person, other than a licensed
importer, licensed manufacturer, licensed dealer or licensed collector, until the
conditions of subsection (a) have been satisfied and until he has:
(1) For purposes of a firearm as defined in section 6102 (relating to
definitions), obtained a completed application/record of sale from the potential
buyer or transferee to be filled out in triplicate, the original copy to be sent
to the Pennsylvania State Police, postmarked via first class mail, within 14
days of the sale, one copy to be retained by the licensed importer, licensed
manufacturer or licensed dealer for a period of 20 years and one copy to be
provided to the purchaser or transferee. The form of this application/record of
sale shall be no more than one page in length and shall be promulgated by the
Pennsylvania State Police and provided by the licensed importer, licensed
manufacturer or licensed dealer. The application/record of sale shall include
the name, address, birthdate, gender, race, physical description and Social
Security number of the purchaser or transferee, the date of the application and
the caliber, length of barrel, make, model and manufacturer's number of the
firearm to be purchased or transferred. The application/record of sale shall
also contain the following question:
Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. s 6102
(relating to definitions), listed on this application/record of sale? Warning:
You are not the actual buyer if you are acquiring the firearm(s) on behalf of
another person, unless you are legitimately acquiring the firearm as a gift for
any of the following individuals who are legally eligible to own a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.
(1.1) On the date of publication in the Pennsylvania Bulletin of a notice by the
Pennsylvania State Police that the instantaneous records check has been
implemented, all of the following shall apply:
(i) In the event of an electronic failure under section 6111.1(b)(2) (relating
to Pennsylvania State Police) for purposes of a firearm which exceeds the
barrel and related lengths set forth in section 6102, obtained a completed
application/record of sale from the potential buyer or transferee to be filled
out in triplicate, the original copy to be sent to the Pennsylvania State
Police, postmarked via first class mail, within 14 days of sale, one copy to be
retained by the licensed importer, licensed manufacturer or licensed dealer for
a period of 20 years and one copy to be provided to the purchaser or
transferee.
(ii) The form of the application/record of sale shall be no more than one page
in length and shall be promulgated by the Pennsylvania State Police and
provided by the licensed importer, licensed manufacturer or licensed dealer.
(iii) For purposes of conducting the criminal history, juvenile delinquency and
mental health records background check which shall be completed within ten days
of receipt of the information from the dealer, the application/record of sale
shall include the name, address, birthdate, gender, race, physical description
and Social Security number of the purchaser or transferee and the date of
application.
(iv) No information regarding the type of firearm need be included other than
an indication that the firearm exceeds the barrel lengths set forth in section
6102.
(v) Unless it has been discovered pursuant to a criminal history, juvenile
delinquency and mental health records background check that the potential
purchaser or transferee is prohibited from possessing a firearm pursuant to
section 6105 (relating to persons not to possess, use, manufacture, control,
sell or transfer firearms), no information on the application/record of sale
provided pursuant to this subsection shall be retained as precluded by section
6111.4 (relating to registration of firearms) by the Pennsylvania State Police
either through retention of the application/record of sale or by entering the
information onto a computer, and, further, an application/record of sale
received by the Pennsylvania State Police pursuant to this subsection shall be
destroyed within 72 hours of the completion of the criminal history, juvenile
delinquency and mental health records background check.
(1.2) Fees collected under paragraph (3) and section 6111.2 (relating to firearm
sales surcharge) shall be transmitted to the Pennsylvania State Police within 14
days of collection.
(1.3) In addition to the criminal penalty under section 6119 (relating to
violation penalty), any person who knowingly and intentionally maintains or
fails to destroy any information submitted to the Pennsylvania State Police for
purposes of a background check pursuant to paragraphs (1.1) and (1.4) or
violates section 6111.4 shall be subject to a civil penalty of $250 per
violation, entry or failure to destroy.
(1.4) Following implementation of the instantaneous records check by the
Pennsylvania State Police on or before December 1, 1998, no application/record
of sale shall be completed for the purchase or transfer of a firearm which
exceeds the barrel lengths set forth in section 6102. A statement shall be
submitted by the dealer to the Pennsylvania State Police, postmarked via first
class mail, within 14 days of the sale, containing the number of firearms sold
which exceed the barrel and related lengths set forth in section 6102, the
amount of surcharge and other fees remitted and a list of the unique approval
numbers given pursuant to paragraph (4), together with a statement that the
background checks have been performed on the firearms contained in the
statement. The form of the statement relating to performance of background
checks shall be promulgated by the Pennsylvania State Police.
(2) Inspected photoidentification of the potential purchaser or transferee,
including, but not limited to, a driver's license, official Pennsylvania
photoidentification card or official government photoidentification card. In
the case of a potential buyer or transferee who is a member of a recognized
religious sect or community whose tenets forbid or discourage the taking of
photographs of members of that sect or community, a seller shall accept a
valid-without-photo driver's license or a combination of documents, as
prescribed by the Pennsylvania State Police, containing the applicant's name,
address, date of birth and the signature of the applicant.
(3) Requested by means of a telephone call that the Pennsylvania State Police
conduct a criminal history, juvenile delinquency history and a mental health
record check. The purchaser and the licensed dealer shall provide such
information as is necessary to accurately identify the purchaser. The requester
shall be charged a fee equivalent to the cost of providing the service but not
to exceed $2 per buyer or transferee.
(4) Received a unique approval number for that inquiry from the Pennsylvania
State Police and recorded the date and the number on the application/record of
sale form.
(5) Issued a receipt containing the information from paragraph (4), including
the unique approval number of the purchaser. This receipt shall be prima facie
evidence of the purchaser's or transferee's compliance with the provisions of
this section.
(6) Unless it has been discovered pursuant to a criminal history, juvenile
delinquency and mental health records background check that the potential
purchaser or transferee is prohibited from possessing a firearm pursuant to
section 6105, no information received via telephone following the implementation
of the instantaneous background check system from a purchaser or transferee who
has received a unique approval number shall be retained by the Pennsylvania
State Police.
(7) For purposes of the enforcement of 18 U.S.C. s 922(d)(9), (g)(1) and (s)(1)
(relating to unlawful acts), in the event the criminal history or juvenile
delinquency background check indicates a conviction for a misdemeanor that the
Pennsylvania State Police cannot determine is or is not related to an act of
domestic violence, the Pennsylvania State Police shall issue a temporary delay
of the approval of the purchase or transfer. During the temporary delay, the
Pennsylvania State Police shall conduct a review or investigation of the
conviction with courts, local police departments, district attorneys and other
law enforcement or related institutions as necessary to determine whether or not
the misdemeanor conviction involved an act of domestic violence. The
Pennsylvania State Police shall conduct the review or investigation as
expeditiously as possible. No firearm may be transferred by the dealer to the
purchaser who is the subject of the investigation during the temporary delay.
The Pennsylvania State Police shall notify the dealer of the termination of the
temporary delay and either deny the sale or provide the unique approval number
under paragraph (4).
Duty of other persons.--Any person who is not a licensed importer,
manufacturer or dealer and who desires to sell or transfer a firearm to another
unlicensed person shall do so only upon the place of business of a licensed
importer, manufacturer, dealer or county sheriff's office, the latter of whom
shall follow the procedure set forth in this section as if he were the seller of
the firearm. The provisions of this section shall not apply to transfers between
spouses or to transfers between a parent and child or to transfers between
grandparent and grandchild.
(d) Defense.--Compliance with the provisions of this section shall be a defense to
any criminal complaint under the laws of this Commonwealth or other claim or cause
of action under this chapter arising from the sale or transfer of any firearm.
(e) Nonapplicability of section.--This section shall not apply to the following:
(1) Any firearm manufactured on or before 1898.
(2) Any firearm with a matchlock, flintlock or percussion cap type of ignition
system.
(3) Any replica of any firearm described in paragraph (1) if the replica:
(i) is not designed or redesigned to use rimfire or conventional center fire
fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed ammunition which is no
longer manufactured in the United States and which is not readily available in
the ordinary channels of commercial trade.
(f) Application of section.--
(1) For the purposes of this section only, except as provided by paragraph (2),
"firearm" shall mean any weapon which is designed to or may readily be converted
to expel any projectile by the action of an explosive or the frame or receiver
of any such weapon.
(2) The provisions contained in subsections (a) and shall only apply to
pistols or revolvers with a barrel length of less than 15 inches, any shotgun
with a barrel length of less than 18 inches, any rifle with a barrel length of
less than 16 inches or any firearm with an overall length of less than 26
inches.
(3) The provisions contained in subsection (a) shall not apply to any law
enforcement officer whose current identification as a law enforcement officer
shall be construed as a valid license to carry a firearm or any person who
possesses a valid license to carry a firearm under section 6109 (relating to
licenses).
(4)(i) The provisions of subsection (a) shall not apply to any person who
presents to the seller or transferor a written statement issued by the official
described in subparagraph (iii) during the ten-day period ending on the date of
the most recent proposal of such transfer or sale by the transferee or
purchaser stating that the transferee or purchaser requires access to a firearm
because of a threat to the life of the transferee or purchaser or any member of
the household of that transferee or purchaser.
(ii) The issuing official shall notify the applicant's local police authority
that such a statement has been issued. In counties of the first class the
chief of police shall notify the police station or substation closest to the
applicant's residence.
(iii) The statement issued under subparagraph (ii) shall be issued by the
district attorney, or his designee, of the county of residence if the
transferee or purchaser resides in a municipality where there is no chief of
police. Otherwise, the statement shall be issued by the chief of police in the
municipality in which the purchaser or transferee resides.
(g) Penalties.--
(1) Any person, licensed dealer, licensed manufacturer or licensed importer who
knowingly or intentionally sells, delivers or transfers a firearm in violation
of this section commits a misdemeanor of the second degree.
(2) Any person, licensed dealer, licensed manufacturer or licensed importer who
knowingly or intentionally sells, delivers or transfers a firearm under
circumstances intended to provide a firearm to any person, purchaser or
transferee who is unqualified or ineligible to control, possess or use a firearm
under this chapter commits a felony of the third degree and shall in addition be
subject to revocation of the license to sell firearms for a period of three
years.
(3) Any person, licensed dealer, licensed manufacturer or licensed importer who
knowingly and intentionally requests a criminal history, juvenile delinquency or
mental health record check or other confidential information from the
Pennsylvania State Police under this chapter for any purpose other than
compliance with this chapter or knowingly and intentionally disseminates any
criminal history, juvenile delinquency or mental health record or other
confidential information to any person other than the subject of the information
commits a felony of the third degree.
(3.1) Any person, licensed dealer, licensed manufacturer or licensed importer
who knowingly and intentionally obtains or furnishes information collected or
maintained pursuant to section 6109 for any purpose other than compliance with
this chapter or who knowingly or intentionally disseminates, publishes or
otherwise makes available such information to any person other than the subject
of the information commits a felony of the third degree.
(4) Any person, purchaser or transferee commits a felony of the third degree if,
in connection with the purchase, delivery or transfer of a firearm under this
chapter, he knowingly and intentionally:
(i) makes any materially false oral statement;
(ii) makes any materially false written statement, including a statement on any
form promulgated by Federal or State agencies; or
(iii) willfully furnishes or exhibits any false identification intended or
likely to deceive the seller, licensed dealer or licensed manufacturer.
(5) Notwithstanding section 306 (relating to liability for conduct of another;
complicity) or any other statute to the contrary, any person, licensed importer,
licensed dealer or licensed manufacturer who knowingly and intentionally sells,
delivers or transfers a firearm in violation of this chapter who has reason to
believe that the firearm is intended to be used in the commission of a crime or
attempt to commit a crime shall be criminally liable for such crime or attempted
crime.
(6) Notwithstanding any act or statute to the contrary, any person, licensed
importer, licensed manufacturer or licensed dealer who knowingly and
intentionally sells or delivers a firearm in violation of this chapter who has
reason to believe that the firearm is intended to be used in the commission of a
crime or attempt to commit a crime shall be liable in the amount of the civil
judgment for injuries suffered by any person so injured by such crime or
attempted crime.
(h) Subsequent violation penalty.--
(1) A second or subsequent violation of this section shall be a felony of the
second degree. A person who at the time of sentencing has been convicted of
another offense under this section shall be sentenced to a mandatory minimum
sentence of imprisonment of five years. A second or subsequent offense shall
also result in permanent revocation of any license to sell, import or
manufacture a firearm.
(2) Notice of the applicability of this subsection to the defendant and
reasonable notice of the Commonwealth's intention to proceed under this section
shall be provided prior to trial. The applicability of this section shall be
determined at sentencing. The court shall consider evidence presented at trial,
shall afford the Commonwealth and the defendant an opportunity to present
necessary additional evidence and shall determine by a preponderance of the
evidence if this section is applicable.
(3) There shall be no authority for a court to impose on a defendant to which
this subsection is applicable a lesser sentence than provided for in paragraph
(1), to place the defendant on probation or to suspend sentence. Nothing in
this section shall prevent the sentencing court from imposing a sentence greater
than that provided in this section. Sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing shall not supersede the mandatory
sentences provided in this section.
(4) If a sentencing court refuses to apply this subsection where applicable, the
Commonwealth shall have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence and remand the
case to the sentencing court for imposition of a sentence in accordance with
this section if it finds that the sentence was imposed in violation of this
subsection.
(5) For the purposes of this subsection, a person shall be deemed to have been
convicted of another offense under this section whether or not judgment of
sentence has been imposed for that violation.
(i) Confidentiality.--All information provided by the potential purchaser,
transferee or applicant, including, but not limited to, the potential purchaser,
transferee or applicant's name or identity, furnished by a potential purchaser or
transferee under this section or any applicant for a license to carry a firearm as
provided by section 6109 shall be confidential and not subject to public
disclosure. In addition to any other sanction or penalty imposed by this chapter,
any person, licensed dealer, State or local governmental agency or department that
violates this subsection shall be liable in civil damages in the amount of $1,000
per occurrence or three times the actual damages incurred as a result of the
violation, whichever is greater, as well as reasonable attorney fees.
(j) Exemption.--
(1) The provisions of subsections (a) and (b) shall not apply to:
(i) sales between Federal firearms licensees; or
(ii) the purchase of firearms by a chief law enforcement officer or his
designee, for the official use of law enforcement officers.
(2) For the purposes of this subsection, the term "chief law enforcement
officer" shall include the Commissioner of the Pennsylvania State Police, the
chief or head of a police department, a county sheriff or any equivalent law
enforcement official.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 5, effective in 120 days; 1995, Nov.
22, P.L. 621, No. 66, s 4; 1997, April 22, P.L. 73, No. 5, s 1; 1998, June 18,
P.L. 503, No. 70, s 4, imd. effective; 1998, Dec. 3, P.L. 933, No. 121, s 4, imd.
effective; 1999, Dec. 15, P.L. 915, No. 59, s 6, effective in 60 days; 2000,
Dec. 20, P.L. 728, No. 101, s 4, effective in 60 days; 2008, Oct. 17, P.L. 1628,
No. 131, s 5, effective in 60 days [Dec. 16, 2008]; 2012, Oct. 25, P.L. 1626, No.
199, s 1, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6111.1
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6111.1. Pennsylvania State Police
(a) Administration.--The Pennsylvania State Police shall have the responsibility
to administer the provisions of this chapter.
(b) Duty of Pennsylvania State Police.--
(1) Upon receipt of a request for a criminal history, juvenile delinquency
history and mental health record check of the potential purchaser or transferee,
the Pennsylvania State Police shall immediately during the licensee's call or by
return call forthwith:
(i) review the Pennsylvania State Police criminal history and fingerprint
records to determine if the potential purchaser or transferee is prohibited
from receipt or possession of a firearm under Federal or State law;
(ii) review the juvenile delinquency and mental health records of the
Pennsylvania State Police to determine whether the potential purchaser or
transferee is prohibited from receipt or possession of a firearm under Federal
or State law; and
(iii) inform the licensee making the inquiry either:
(A) that the potential purchase or transfer is prohibited; or
(B) provide the licensee with a unique approval number.
(2) In the event of electronic failure, scheduled computer downtime or similar
event beyond the control of the Pennsylvania State Police, the Pennsylvania
State Police shall immediately notify the requesting licensee of the reason for
and estimated length of the delay. If the failure or event lasts for a period
exceeding 48 hours, the dealer shall not be subject to any penalty for
completing a transaction absent the completion of an instantaneous records check
for the remainder of the failure or similar event, but the dealer shall obtain a
completed application/record of sale following the provisions of section
6111(b)(1) and (1.1) (relating to sale or transfer of firearms) as if an
instantaneous records check has not been established for any sale or transfer of
a firearm for the purpose of a subsequent background check.
(3) The Pennsylvania State Police shall fully comply, execute and enforce the
directives of this section as follows:
(i) The instantaneous background check for firearms as defined in section 6102
(relating to definitions) shall begin on July 1, 1998.
(ii) The instantaneous background check for firearms that exceed the barrel
lengths set forth in section 6102 shall begin on the later of:
(A) the date of publication of the notice under section 6111(a)(2); or
(B) December 31, 1998.
(4) The Pennsylvania State Police and any local law enforcement agency shall
make all reasonable efforts to determine the lawful owner of any firearm
confiscated or recovered by the Pennsylvania State Police or any local law
enforcement agency and return said firearm to its lawful owner if the owner is
not otherwise prohibited from possessing the firearm. When a court of law has
determined that the Pennsylvania State Police or any local law enforcement
agency have failed to exercise the duty under this subsection, reasonable
attorney fees shall be awarded to any lawful owner of said firearm who has
sought judicial enforcement of this subsection.
Establish a telephone number.--The Pennsylvania State Police shall establish a
telephone number which shall be operational seven days a week between the hours of
8 a.m. and 10 p.m. local time for purposes of responding to inquiries as described
in this section from licensed manufacturers, licensed importers and licensed
dealers. The Pennsylvania State Police shall employ and train such personnel as
are necessary to administer expeditiously the provisions of this section.
(d) Distribution.--The Pennsylvania State Police shall provide, without charge,
summaries of uniform firearm laws and firearm safety brochures pursuant to section
6125 (relating to distribution of uniform firearm laws and firearm safety
brochures).
(e) Challenge to records.--
(1) Any person who is denied the right to receive, sell, transfer, possess,
carry, manufacture or purchase a firearm as a result of the procedures
established by this section may challenge the accuracy of that person's criminal
history, juvenile delinquency history or mental health record pursuant to a
denial by the instantaneous records check by submitting a challenge to the
Pennsylvania State Police within 30 days from the date of the denial.
(2) The Pennsylvania State Police shall conduct a review of the accuracy of the
information forming the basis for the denial and shall have the burden of
proving the accuracy of the record. Within 20 days after receiving a challenge,
the Pennsylvania State Police shall notify the challenger of the basis for the
denial, including, but not limited to, the jurisdiction and docket number of any
relevant court decision and provide the challenger an opportunity to provide
additional information for the purposes of the review. The Pennsylvania State
Police shall communicate its final decision to the challenger within 60 days of
the receipt of the challenge. The decision of the Pennsylvania State Police
shall include all information which formed a basis for the decision.
(3) If the challenge is ruled invalid, the person shall have the right to appeal
the decision to the Attorney General within 30 days of the decision. The
Attorney General shall conduct a hearing de novo in accordance with the
Administrative Agency Law. The burden of proof shall be upon the Commonwealth.
(4) The decision of the Attorney General may be appealed to the Commonwealth
Court by an aggrieved party.
(f) Notification of mental health adjudication, treatment, commitment, drug use or
addiction.--
(1) Notwithstanding any statute to the contrary, judges of the courts of common
pleas shall notify the Pennsylvania State Police, on a form developed by the
Pennsylvania State Police, of:
(i) the identity of any individual who has been adjudicated as an incompetent
or as a mental defective or who has been involuntarily committed to a mental
institution under the act of July 9, 1976 (P.L. 817, No. 143), [FN1] known as
the Mental Health Procedures Act, or who has been involuntarily treated as
described in section 6105(4) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms) or as described in 18 U.S.C. s
922(g)(4) (relating to unlawful acts) and its implementing Federal regulations;
and
(ii) any finding of fact or court order related to any person described in 18
U.S.C. s 922(g)(3).
(2) The notification shall be transmitted by the judge to the Pennsylvania State
Police within seven days of the adjudication, commitment or treatment.
(3) Notwithstanding any law to the contrary, the Pennsylvania State Police may
disclose, electronically or otherwise, to the United States Attorney General or
a designee, any record relevant to a determination of whether a person is
disqualified from possessing or receiving a firearm under 18 U.S.C. s 922 (g)(3)
or (4) or an applicable state statute.
(g) Review by court.--
(1) Upon receipt of a copy of the order of a court of competent jurisdiction
which vacates a final order or an involuntary certification issued by a mental
health review officer, the Pennsylvania State Police shall expunge all records
of the involuntary treatment received under subsection (f).
(2) A person who is involuntarily committed pursuant to section 302 of the
Mental Health Procedures Act may petition the court to review the sufficiency of
the evidence upon which the commitment was based. If the court determines that
the evidence upon which the involuntary commitment was based was insufficient,
the court shall order that the record of the commitment submitted to the
Pennsylvania State Police be expunged. A petition filed under this subsection
shall toll the 60-day period set forth under section 6105(a)(2).
(3) The Pennsylvania State Police shall expunge all records of an involuntary
commitment of an individual who is discharged from a mental health facility
based upon the initial review by the physician occurring within two hours of
arrival under section 302(b) of the Mental Health Procedures Act and the
physician's determination that no severe mental disability existed pursuant to
section 302(b) of the Mental Health Procedures Act. The physician shall provide
signed confirmation of the determination of the lack of severe mental disability
following the initial examination under section 302(b) of the Mental Health
Procedures Act to the Pennsylvania State Police.
(h) Juvenile registry.--
(1) The contents of law enforcement records and files compiled under 42 Pa.C.S.
s 6308 (relating to law enforcement records) concerning a child shall not be
disclosed to the public except if the child is 14 years of age or older at the
time of the alleged conduct and if any of the following apply:
(i) The child has been adjudicated delinquent by a court as a result of an act
or acts which constitute any offense enumerated in section 6105.
(ii) A petition alleging delinquency has been filed by a law enforcement agency
alleging that the child has committed an act or acts which constitute an
offense enumerated in section 6105 and the child previously has been
adjudicated delinquent by a court as a result of an act or acts which included
the elements of one of such crimes.
(2) Notwithstanding any provision of this subsection, the contents of law
enforcement records and files concerning any child adjudicated delinquent for
the commission of any criminal activity described in paragraph (1) shall be
recorded in the registry of the Pennsylvania State Police for the limited
purposes of this chapter.
(i) Reports.--The Pennsylvania State Police shall annually compile and report to
the General Assembly, on or before December 31, the following information for the
previous year:
(1) number of firearm sales, including the types of firearms;
(2) number of applications for sale of firearms denied, number of challenges of
the denials and number of final reversals of initial denials;
(3) summary of the Pennsylvania State Police's activities, including the average
time taken to complete a criminal history, juvenile delinquency history or
mental health record check; and
(4) uniform crime reporting statistics compiled by the Pennsylvania State Police
based on the National Incident-based Reporting System.
(j) Other criminal information.--The Pennsylvania State Police shall be authorized
to obtain any crime statistics necessary for the purposes of this chapter from any
local law enforcement agency.
(j.1) Delinquency and mental health records.--The provisions of this section which
relate to juvenile delinquency and mental health records checks shall be
applicable when the data has been made available to the Pennsylvania State Police
but not later than October 11, 1999.
(j.2) Records check.--The provisions of this section which relate to the
instantaneous records check conducted by telephone shall be applicable 30 days
following notice by the Pennsylvania State Police pursuant to section 6111 (a)(2).
(j.3) Immunity.--The Pennsylvania State Police and its employees shall be immune
from actions for damages for the use of a firearm by a purchaser or for the
unlawful transfer of a firearm by a dealer unless the act of the Pennsylvania
State Police or its employees constitutes a crime, actual fraud, actual malice or
willful misconduct.
(k) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Firearm." The term shall have the same meaning as in section 6111.2 (relating to
firearm sales surcharge).
"Physician." Any licensed psychiatrist or clinical psychologist as defined in the
act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health Procedures
Act.
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 6, effective in 120 days.
Amended 1995, Nov. 22, P.L. 621, No. 66, s 5, imd. effective; 1997, April 22,
P.L. 73, No. 5, s 1, effective in 60 days; 1998, June 18, P.L. 503, No. 70, s 5,
imd. effective; 1998, Dec. 3, P.L. 933, No. 121, s 4, imd. effective; 2008, Oct.
17, P.L. 1628, No. 131, s 6.
[FN1] 50 P.S. s 7101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6111.2
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6111.2. Firearm sales surcharge
(a) Surcharge imposed.--There is hereby imposed on each sale of a firearm subject
to tax under Article II of the act of March 4, 1971 (P.L. 6, No. 2), known as the
Tax Reform Code of 1971, [FN1] an additional surcharge of $3. This shall be
referred to as the Firearm Sale Surcharge. All moneys received from this
surcharge shall be deposited in the Firearm Instant Records Check Fund.
(b) Increases or decreases.--Five years from the effective date of this
subsection, and every five years thereafter, the Pennsylvania State Police shall
provide such information as necessary to the Legislative Budget and Finance
Committee for the purpose of reviewing the need to increase or decrease the
instant check fee. The committee shall issue a report of its findings and
recommendations to the General Assembly for a statutory change in the fee.
Revenue sources.--Funds received under the provisions of this section and
section 6111(b)(3) (relating to sale or transfer of firearms), as estimated and
certified by the Secretary of Revenue, shall be deposited within five days of the
end of each quarter into the fund.
(d) Definition.--As used in this section only, the term "firearm" shall mean any
weapon which is designed to or may readily be converted to expel any projectile by
the action of an explosion or the frame or receiver of any such weapon.
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 6, effective in 120 days.
Amended 1995, Nov. 22, P.L. 621, No. 66, s 6, imd. effective.
[FN1] 72 P.S. s 7201 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6111.3
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6111.3. Firearm Records Check Fund
(a) Establishment.--The Firearm Records Check Fund is hereby established as a
restricted account in the State Treasury, separate and apart from all other public
money or funds of the Commonwealth, to be appropriated annually by the General
Assembly, for use in carrying out the provisions of section 6111 (relating to
firearm ownership). The moneys in the fund on June 1, 1998, are hereby
appropriated to the Pennsylvania State Police.
(b) Source.--The source of the fund shall be moneys collected and transferred
under section 6111.2 (relating to firearm sales surcharge) and moneys collected
and transferred under section 6111(b)(3).
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 6, effective in 120 days.
Amended 1995, Nov. 22, P.L. 621, No. 66, s 6, imd. effective; 1998, June 18, P.L.
503, No. 70, s 6, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6111.4
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6111.4. Registration of firearms
Notwithstanding any section of this chapter to the contrary, nothing in this
chapter shall be construed to allow any government or law enforcement agency or
any agent thereof to create, maintain or operate any registry of firearm ownership
within this Commonwealth. For the purposes of this section only, the term
"firearm" shall include any weapon that is designed to or may readily be converted
to expel any projectile by the action of an explosive or the frame or receiver of
any such weapon.
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 6, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6111.5
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6111.5. Rules and regulations
The Pennsylvania State Police shall in the manner provided by law promulgate the
rules and regulations necessary to carry out this chapter, including regulations
to ensure the identity, confidentiality and security of all records and data
provided pursuant hereto.
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 6, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6112
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6112. Retail dealer required to be licensed
No retail dealer shall sell, or otherwise transfer or expose for sale or transfer,
or have in his possession with intent to sell or transfer, any firearm as defined
in section 6113(d) (relating to licensing of dealers) without being licensed as
provided in this chapter.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Reenacted 1995,
June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 7, effective in 120 days.
Amended 1997, April 22, P.L. 73, No. 5, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6113
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6113. Licensing of dealers
(a) General rule.--The chief or head of any police force or police department of a
city, and, elsewhere, the sheriff of the county, shall grant to reputable
applicants licenses, in form prescribed by the Pennsylvania State Police,
effective for three years from date of issue, permitting the licensee to sell
firearms direct to the consumer, subject to the following conditions in addition
to those specified in section 6111 (relating to sale or transfer of firearms), for
breach of any of which the license shall be forfeited and the licensee subject to
punishment as provided in this subchapter:
(1) The business shall be carried on only upon the premises designated in the
license or at a lawful gun show or meet.
(2) The license, or a copy thereof, certified by the issuing authority, shall be
displayed on the premises where it can easily be read.
(3) No firearm shall be sold in violation of any provision of this subchapter.
(4) No firearm shall be sold under any circumstances unless the purchaser is
personally known to the seller or shall present clear evidence of the
purchaser's identity.
(5) A true record in triplicate shall be made of every firearm sold, in a book
kept for the purpose, the form of which may be prescribed by the Pennsylvania
State Police, and shall be personally signed by the purchaser and by the person
effecting the sale, each in the presence of the other, and shall contain the
information required by section 6111. The record shall be maintained by the
licensee for a period of 20 years.
(6) No firearm as defined in section 6102 (relating to definitions) shall be
displayed in any part of any premises where it can readily be seen from the
outside. In the event that the Commissioner of the Pennsylvania State Police
shall find a clear and present danger to public safety within this Commonwealth
or any area thereof, firearms shall be stored and safeguarded pursuant to
regulations to be established by the Pennsylvania State Police by the licensee
during the hours when the licensee is closed for business.
(7) The dealer shall possess all applicable current revenue licenses.
(b) Fee.--The fee for issuing said license shall be $30, which fee shall be paid
into the county treasury.
Revocation.--Any license granted under subsection (a) of this section may be
revoked for cause by the person issuing the same, upon written notice to the
holder thereof.
(d) Definitions.--For the purposes of this section and section 6112 (relating to
retail dealer required to be licensed) only unless otherwise specifically
provided, the term "firearm" shall include any weapon that is designed to or may
readily be converted to expel any projectile by the action of an explosive or the
frame or receiver of any such weapon.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 8, effective in 120 days; 1995, Nov.
22, P.L. 621, No. 66, s 6, imd. effective; 1998, June 18, P.L. 503, No. 70, s 6,
imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6114
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6114. Judicial review
The action of the chief of police, sheriff, county treasurer or other officer
under this subchapter shall be subject to judicial review in the manner and within
the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of
local agency action). A judgment sustaining a refusal to grant a license shall
not bar, after one year, a new application; nor shall a judgment in favor of the
petitioner prevent the defendant from thereafter revoking or refusing to renew
such license for any proper cause which may thereafter occur. The court shall
have full power to dispose of all costs.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 8, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6115
Effective: May 9, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6115. Loans on, or lending or giving firearms prohibited
(a) Offense defined.--No person shall make any loan secured by mortgage, deposit
or pledge of a firearm, nor, except as provided in subsection (b), shall any
person lend or give a firearm to another or otherwise deliver a firearm contrary
to the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the following apply:
(i) The person who receives the firearm is licensed to carry a firearm under
section 6109 (relating to licenses).
(ii) The person who receives the firearm is exempt from licensing.
(iii) The person who receives the firearm is engaged in a hunter safety program
certified by the Pennsylvania Game Commission or a firearm training program or
competition sanctioned or approved by the National Rifle Association.
(iv) The person who receives the firearm meets all of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to possession of firearm by minor)
is under the supervision, guidance and instruction of a responsible
individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or possessing a firearm under section
6105 (relating to persons not to possess, use, manufacture, control, sell or
transfer firearms).
(v) The person who receives the firearm is lawfully hunting or trapping and is
in compliance with the provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution is able to adequately secure
firearms in its possession.
(2) Nothing in this section shall be construed to prohibit the transfer of a
firearm under 20 Pa.C.S. Ch. 21 (relating to intestate succession) or by bequest
if the individual receiving the firearm is not precluded from owning or
possessing a firearm under section 6105.
(3) Nothing in this section shall be construed to prohibit the loaning or giving
of a firearm to another in one's dwelling or place of business if the firearm is
retained within the dwelling or place of business.
(4) Nothing in this section shall prohibit the relinquishment of firearms to a
third party in accordance with 23 Pa.C.S. s 6108.3 (relating to relinquishment
to third party for safekeeping).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 8, effective in 120 days; 2005, Nov.
10, P.L. 335, No. 66, s 4, effective in 180 days [May 9, 2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6116
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6116. False evidence of identity
In addition to any other penalty provided in this chapter, the furnishing of false
information or offering false evidence of identity is a violation of section 4904
(relating to unsworn falsification to authorities).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988, Dec.
19, P.L. 1275, No. 158, s 1, effective in 180 days; 1995, June 13, P.L. 1024, No.
17 (Spec. Sess. No. 1), s 8, effective in 120 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6117
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6117. Altering or obliterating marks of identification
(a) Offense defined.--No person shall change, alter, remove, or obliterate the
manufacturer's number integral to the frame or receiver of any firearm which shall
have the same meaning as provided in section 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms).
(b) Deleted by 2008, Oct. 17, P.L. 1628, No. 131, s 7, effective in 60 days [Dec.
16, 2008].
Penalty.--A violation of this section constitutes a felony of the second
degree.
(d) Deleted by 2008, Oct. 17, P.L. 1628, No. 131, s 7, effective in 60 days [Dec.
16, 2008].
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, June
13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 8, effective in 120 days; 1995, Nov.
22, P.L. 621, No. 66, s 6, imd. effective; 2008, Oct. 17, P.L. 1628, No. 131, s
7, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6118
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6118. Antique firearms
(a) General rule.--This subchapter shall not apply to antique firearms.
(b) Exception.--Subsection (a) shall not apply to the extent that such antique
firearms, reproductions or replicas of firearms are concealed weapons as provided
in section 6106 (relating to firearms not to be carried without a license), nor
shall it apply to the provisions of section 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms) if such antique
firearms, reproductions or replicas of firearms are suitable for use.
Definition.--As used in this section, the term "antique firearm" means:
(1) Any firearm with a matchlock, flintlock or percussion cap type of ignition
system.
(2) Any firearm manufactured on or before 1898.
(3) Any replica of any firearm described in paragraph (2) if such replica:
(i) is not designed or redesigned for using rimfire or conventional center fire
fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed ammunition which is no
longer manufactured in the United States and which is not readily available in
the ordinary channels of commercial trade.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1979, July
16, P.L. 116, No. 47, s 1, effective in 60 days; 1983, Dec. 20, P.L. 291, No. 78,
s 3, imd. effective; 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 8,
effective in 120 days; 1995, Nov. 22, P.L. 621, No. 66, s 6, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6119
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6119. Violation penalty
Except as otherwise specifically provided, an offense under this subchapter
constitutes a misdemeanor of the first degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1989, Dec.
7, P.L. 607, No. 68, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6120
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6120. Limitation on the regulation of firearms and ammunition
(a) General rule.--No county, municipality or township may in any manner regulate
the lawful ownership, possession, transfer or transportation of firearms,
ammunition or ammunition components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an action at law or in equity
against any firearms or ammunition manufacturer, trade association or dealer for
damages, abatement, injunctive relief or any other relief or remedy resulting
from or relating to either the lawful design or manufacture of firearms or
ammunition or the lawful marketing or sale of firearms or ammunition to the
public.
(2) Nothing in this subsection shall be construed to prohibit a political
subdivision from bringing or maintaining an action against a firearms or
ammunition manufacturer or dealer for breach of contract or warranty as to
firearms or ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at
wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515
(relating to prohibiting of paramilitary training) but shall not include air
rifles as that term is defined in section 6304 ( relating to sale and use of air
rifles).
"Political subdivision." The term shall include any home rule charter
municipality, county, city, borough, incorporated town, township or school
district.
CREDIT(S)
1974, Oct. 18, P.L. 768, No. 260, s 2, imd. effective. Amended 1988, Dec. 19,
P.L. 1275, No. 158, s 1, effective in 180 days; 1994, Oct. 4, P.L. 571, No. 84, s
1, effective in 60 days; 1999, Dec. 15, P.L. 915, No. 59, s 7, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6121
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6121. Certain bullets prohibited
(a) Offense defined.--It is unlawful for any person to possess, use or attempt to
use a KTW teflon-coated bullet or other armor-piercing ammunition while committing
or attempting to commit a crime of violence as defined in section 6102 (relating
to definitions).
(b) Grading.--An offense under this section constitutes a felony of the third
degree.
Sentencing.--Any person who is convicted in any court of this Commonwealth of
a crime of violence and who uses or carries, in the commission of that crime, a
firearm loaded with KTW ammunition or any person who violates this section shall,
in addition to the punishment provided for the commission of the crime, be
sentenced to a term of imprisonment for not less than five years. Notwithstanding
any other provision of law, the court shall not suspend the sentence of any person
convicted of a crime subject to this subsection nor place him on probation nor
shall the term of imprisonment run concurrently with any other term of
imprisonment including that imposed for the crime in which the KTW ammunition was
being used or carried. No person sentenced under this subsection shall be
eligible for parole.
(d) Definition.--As used in this section the term "armor-piercing ammunition"
means ammunition which, when or if fired from any firearm as defined in section
6102 that is used or attempted to be used in violation of subsection (a) under the
test procedure of the National Institute of Law Enforcement and Criminal Justice
Standard for the Ballistics Resistance of Police Body Armor promulgated December
1978, is determined to be capable of penetrating bullet-resistant apparel or body
armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as
formulated by the United States Department of Justice and published in December of
1978.
CREDIT(S)
1984, Dec. 21, P.L. 1210, No. 230, s 6, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6122
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6122. Proof of license and exception
(a) General rule.--When carrying a firearm concealed on or about one's person or
in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand
of a law enforcement officer, produce the license for inspection. Failure to
produce such license either at the time of arrest or at the preliminary hearing
shall create a rebuttable presumption of nonlicensure.
(b) Exception.--An individual carrying a firearm on or about his person or in a
vehicle and claiming an exception under section 6106(b) (relating to firearms not
to be carried without a license) shall, upon lawful demand of a law enforcement
officer, produce satisfactory evidence of qualification for exception.
CREDIT(S)
1988, Dec. 19, P.L. 1275, No. 158, s 2, effective in 180 days. Amended 1997,
April 22, P.L. 73, No. 5, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6123
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6123. Waiver of disability or pardons
A waiver of disability from Federal authorities as provided for in 18 U.S.C. s 925
(relating to exceptions; relief from disabilities), a full pardon from the
Governor or an overturning of a conviction shall remove any corresponding
disability under this subchapter except the disability under section 6105
(relating to persons not to possess, use, manufacture, control, sell or transfer
firearms).
CREDIT(S)
1988, Dec. 19, P.L. 1275, No. 158, s 2, effective in 180 days. Amended 1995, Nov.
22, P.L. 621, No. 66, s 6, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6124
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6124. Administrative regulations
The commissioner may establish form specifications and regulations, consistent
with section 6109 (relating to licenses), with respect to uniform forms
control, including the following:
(1) License to carry firearms.
(2) Firearm registration.
(3) Dealer's license.
(4) Application for purchase of a firearm.
(5) Record of sale of firearms.
CREDIT(S)
1988, Dec. 19, P.L. 1275, No. 158, s 2, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6125
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6125. Distribution of uniform firearm laws and firearm safety
brochures
It shall be the duty of the Pennsylvania State Police beginning January 1, 1996,
to distribute to every licensed firearm dealer in this Commonwealth firearms
safety brochures at no cost to the dealer. The brochures shall be written by the
Pennsylvania State Police, with the cooperation of the Pennsylvania Game
Commission, and shall include a summary of the major provisions of this
subchapter, including, but not limited to, the duties of the sellers and
purchasers and the transferees of firearms. The brochure or a copy thereof shall
be provided without charge to each purchaser.
CREDIT(S)
1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), s 9, effective in 120 days.
Amended 1995, Nov. 22, P.L. 621, No. 66, s 6, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6126
Effective: November 30, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6126. Expired
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6127
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter A. Uniform Firearms Act (Refs & Annos)
>>>> s 6127. Firearm tracing
(a) Illegal possession.--Upon confiscating or recovering a firearm from the
possession of anyone who is not permitted by Federal or State law to possess a
firearm, a local law enforcement agency shall use the best available information,
including a firearms trace where necessary, to determine how and from where the
person gained possession of the firearm.
(b) Tracing.--Local law enforcement shall use the National Tracing Center of the
Federal Bureau of Alcohol, Tobacco, Firearms and Explosives in complying with
subsection (a).
Notification.--Local law enforcement agencies shall advise the Pennsylvania
State Police of all firearms that are recovered in accordance with this section.
CREDIT(S)
2007, July 17, P.L. 139, No. 41, s 4, effective in 60 days [Sept. 17, 2007].
Amended 2008, Oct. 17, P.L. 1628, No. 131, s 7, effective in 60 days [Dec. 16,
2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6141
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter B. Firearms Generally
>>>> s 6141. Repealed. 1997, April 22, P.L. 73, No. 5, s 2, effective in
60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6141.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter B. Firearms Generally
>>>> s 6141.1. Purchase of rifles and shotguns outside this Commonwealth
Nothing in this chapter shall be construed to prohibit a person in this
Commonwealth who may lawfully purchase, possess, use, control, sell, transfer or
manufacture a firearm which exceeds the barrel and related lengths set forth in
section 6102 (relating to definitions) from lawfully purchasing or otherwise
obtaining such a firearm in a jurisdiction outside this Commonwealth.
CREDIT(S)
1997, April 22, P.L. 73, No. 5, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6142
Effective: February 14, 2000
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter B. Firearms Generally
>>>> s 6142. Locking device for firearms
(a) Offense defined.--It shall be unlawful for any licensee to sell, deliver or
transfer any firearm as defined in section 6102 (relating to definitions), other
than an antique firearm as defined in section 6118 (relating to antique firearms),
to any other person, other than another licensee, unless the transferee is
provided with or purchases a locking device for that firearm or the design of the
firearm incorporates a locking device.
(b) Exceptions.--Firearms for transfer to or possession by any law enforcement
officer employed by any Federal, State or local government entity or rail police
employed and certified by a rail carrier as a police officer are not subject to
the provisions of this section.
Penalties.--A violation of the provisions of this section shall be a summary
offense.
(d) Good faith compliance.--A licensee who in good faith complies with this
section shall not be civilly liable as a result of such compliance with this
section, except for any acts or omissions intentionally designed to harm or for
grossly negligent acts or omissions which result in harm.
(e) Admissibility of evidence.--A transferee's purchase or receipt of a locking
device in conjunction with the purchase of a firearm pursuant to this section
shall not be admissible as evidence in any civil action brought against the
transferee.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Licensee." Any licensed manufacturer, importer or dealer of firearms.
"Locking device." Either of the following:
(1) a device that, when installed on a firearm, is designed to prevent the
firearm from being operated without first deactivating the device; or
(2) a device that is incorporated into the design of a firearm and that is
designed to prevent the operation of the firearm by anyone not having access to
the device.
CREDIT(S)
1999, Dec. 15, P.L. 915, No. 59, s 8, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6161
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter C. Other Dangerous Articles
>>>> s 6161. Carrying explosives on conveyances
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if
he enters into or upon any railroad train, locomotive, tender or car thereof, or
into or upon any automobile or other conveyance used for the carrying of freight
or passengers, having in his custody or about his person any nitroglycerine or
other explosive, other than as freight regularly shipped as such.
(b) Powers of crew.--The conductor or person having charge and control of any
railroad train, coach, or other conveyance for the carriage of freight or
passengers, may arrest any person found violating the provisions of this section
and detain such person until reaching some place, where such person may be
delivered to a constable or other police authority.
Venue.--It shall be lawful to prosecute such offenders in any county through
which said public conveyance passes, without reference to the place where such
offenders were arrested.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6162
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter C. Other Dangerous Articles
>>>> s 6162. Shipping explosives
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he knowingly delivers, or causes to be delivered to any transportation company, or
to any person engaged in the business of transportation, any explosive material
adapted for blasting, or for any other purpose for which such articles may be
used, under any false or deceptive invoice or description, or without informing
the carrier at or before the time when such delivery is made, of the true nature
of the same, and without having the keg, barrel, can or package containing the
same plainly marked with the name of the explosive material therein contained,
together with the word "dangerous."
(b) Damages.--Any person convicted of an offense under this section shall, in
addition to any other penalty, be responsible for all damages to persons or
property directly or indirectly resulting from the explosion of any such article.
Opening of suspected containers.--Any person engaged in the business of
transportation, upon affidavit made of the fact that any container tendered for
transportation, not in compliance with the provisions of this section is believed
to contain explosive material, may require such container to be opened, and refuse
to receive any such container unless such requirement is complied with.
(d) Disposition of explosives.--If such container is opened and found to contain
any explosive material, the container and its contents shall be forthwith removed
to any lawful place for the storing of explosives. After conviction of the
offender, or after three months from such removal, the container, with its
contents, shall be sold at public sale, after the expiration of ten days from
notice of the time and place of such sale, published in one newspaper in the
county where such seizure shall have been made. The proceeds of such sale, after
deducting therefrom the expenses of removal, storage, advertisement and sale,
shall be paid into the treasury of the county.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6181
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter D. Straw Purchase Prevention Education Program
>>>> s 6181. Scope of subchapter
This subchapter provides for the establishment of the Straw Purchase Prevention
Education Program within the Office of Attorney General.
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 8, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6182
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter D. Straw Purchase Prevention Education Program
>>>> s 6182. Legislative findings and declarations
The General Assembly finds and declares that:
(1) The illegal purchase of firearms throughout this Commonwealth is a threat to
public safety and security.
(2) Urban areas are experiencing increased violence as a result of criminal
misuse of firearms. Stemming the flow of these illegal firearms through straw
purchases will help to curb the crime rate throughout this Commonwealth and
increase public safety.
(3) Educating the public that illegally purchasing a firearm for someone
otherwise prohibited from possessing one is a serious crime and punishable under
Federal law by ten years' imprisonment advances public safety.
(4) Committed to educating firearms dealers and the general public, the National
Shooting Sports Foundation, in partnership with the Bureau of Alcohol, Tobacco,
Firearms and Explosives, in July 2000 created the "Don't Lie for the Other Guy
Program."
(5) The "Don't Lie for the Other Guy Program" was developed to raise public
awareness that it is a serious crime to purchase a firearm for someone who
cannot legally do so and to educate firearms dealers on how to better detect and
deter potential straw purchases. The campaign delivers the message that anyone
attempting an illegal firearm purchase faces a stiff Federal penalty.
(6) The "Don't Lie for the Other Guy Program" is vital to educating federally
licensed firearms dealers and their employees on how to recognize and deter the
illegal purchase of firearms through straw purchases. This program is an
important tool for the Bureau of Alcohol, Tobacco, Firearms and Explosives to
pursue its mission of preventing terrorism, reducing violent crime and
protecting the public.
(7) The nationally recognized "Don't Lie for the Other Guy Program" has been
endorsed by United States attorneys throughout the nation, various law
enforcement agencies, the Bureau of Alcohol, Tobacco, Firearms and Explosives
and the Department of Justice.
(8) It is in the best interest of this Commonwealth to establish a straw
purchase prevention education program within the Office of Attorney General to
provide resources and direct grant money to the "Don't Lie for the Other Guy
Program" and similar programs that offer straw purchase prevention education.
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 8, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6183
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter D. Straw Purchase Prevention Education Program
>>>> s 6183. Definitions
The following words and phrases when used in this subchapter shall have the
meanings given to them in this section unless the context clearly indicates
otherwise:
"Fund." The Straw Purchase Prevention Education Fund established in section 6186
(relating to Straw Purchase Prevention Education Fund).
"Program." The Straw Purchase Prevention Education Program established in section
6184 (relating to Straw Purchase Prevention Education Program).
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 8, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6184
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter D. Straw Purchase Prevention Education Program
>>>> s 6184. Straw Purchase Prevention Education Program
(a) Establishment.--The Straw Purchase Prevention Education Program is established
and shall provide resources and direct grant money to underwrite the cost of
implementing an educational and public service outreach program in the community.
(b) Outreach.--The educational and public service outreach program shall inform
individuals of the illegal nature of purchasing a firearm for an individual
prohibited from owning firearms. The outreach program shall be developed by a
not-for-profit organization which:
(1) Is a national trade association representing the shooting, hunting and
firearm industry.
(2) Has a membership consisting of firearm manufacturers, firearm distributors,
firearm retailers, publishers and sportsmen's organizations.
(3) Has been in existence for at least 45 years prior to the effective date of
this section.
Priority of grants.--Grants shall be prioritized based on the highest
incidence of firearm violence in a county of this Commonwealth.
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 8, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6185
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter D. Straw Purchase Prevention Education Program
>>>> s 6185. Powers and duties of Attorney General
In addition to any other powers and duties, the Attorney General of the
Commonwealth shall:
(1) Establish a grant program to provide moneys from the fund pursuant to
section 6184 (relating to Straw Purchase Prevention Education Program).
(2) Promulgate rules and regulations to carry out the provisions of this
subchapter.
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 8, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6186
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter D. Straw Purchase Prevention Education Program
>>>> s 6186. Straw Purchase Prevention Education Fund
(a) Establishment.--The Straw Purchase Prevention Education Fund is hereby
established in the State Treasury as a restricted account. The fund shall consist
of funds appropriated by the General Assembly.
(b) Continuing appropriation.--All moneys in the fund and the interest accruing
thereon are hereby appropriated to the Office of Attorney General on a continuing
basis to carry out the provisions of this subchapter.
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 8, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6187
Effective: December 16, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 61. Firearms and Other Dangerous Articles (Refs & Annos)
+ Subchapter D. Straw Purchase Prevention Education Program
>>>> s 6187. Transfer for initial funding
The sum of $100,000 is hereby transferred from the General Fund to the Straw
Purchase Prevention Education Fund for expenditure during the fiscal year July 1,
2009, to June 30, 2010, to carry out the provisions of this subchapter.
CREDIT(S)
2008, Oct. 17, P.L. 1628, No. 131, s 8, effective in 60 days [Dec. 16, 2008].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 63, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6301
Effective: December 6, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6301. Corruption of minors
(a) Offense defined.--
(1) (i) Except as provided in subparagraph (ii), whoever, being of the age of 18
years and upwards, by any act corrupts or tends to corrupt the morals of any
minor less than 18 years of age, or who aids, abets, entices or encourages any
such minor in the commission of any crime, or who knowingly assists or
encourages such minor in violating his or her parole or any order of court,
commits a misdemeanor of the first degree.
(ii) Whoever, being of the age of 18 years and upwards, by any course of conduct
in violation of Chapter 31 (relating to sexual offenses) corrupts or tends to
corrupt the morals of any minor less than 18 years of age, or who aids, abets,
entices or encourages any such minor in the commission of an offense under
Chapter 31 commits a felony of the third degree.
(2) Any person who knowingly aids, abets, entices or encourages a minor younger
than 18 years of age to commit truancy commits a summary offense. Any person
who violates this paragraph within one year of the date of a first conviction
under this section commits a misdemeanor of the third degree. A conviction
under this paragraph shall not, however, constitute a prohibition under section
6105 (relating to persons not to possess, use, manufacture, control, sell or
transfer firearms).
(b) Adjudication of delinquency unnecessary.--A conviction under the provisions of
this section may be had whether or not the jurisdiction of any juvenile court has
attached or shall thereafter attach to such minor or whether or not such minor has
been adjudicated a delinquent or shall thereafter be adjudicated a delinquent.
Presumptions.--In trials and hearings upon charges of violating the provisions
of this section, knowledge of the minor's age and of the court's orders and
decrees concerning such minor shall be presumed in the absence of proof to the
contrary.
(d) Mistake as to age.--
(1) Whenever in this section the criminality of conduct depends upon the
corruption of a minor whose actual age is under 16 years, it is no defense that
the actor did not know the age of the minor or reasonably believed the minor to
be older than 18 years.
(2) Whenever in this section the criminality of conduct depends upon the
corruption of a minor whose actual age is 16 years or more but less than 18
years, it is a defense for the actor to prove by a preponderance of the evidence
that he reasonably believed the minor to be 18 years or older.
CREDIT(S)
1978, July 1, P.L. 573, No. 104, s 1, effective in 60 days. Amended 1996, July
11, P.L. 552, No. 98, s 4, effective in 60 days; 2010, Oct. 7, P.L. 482, No. 69,
s 1, effective in 60 days [Dec. 6, 2010].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6302
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6302. Sale or lease of weapons and explosives
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if
he sells or causes to be sold or leases to any person under 18 years of age any
deadly weapon, cartridge, gunpowder, or other similar dangerous explosive
substance.
(b) Exception.--The provisions of subsection (a) shall not prohibit hunting by
minors under 18 years of age permitted under Title 34 (relating to game).
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1986, July
8, P.L. 442, No. 93, s 2, eff. July 1, 1987.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6303
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6303. Sale of starter pistols
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if
he sells, causes to be sold, gives or furnishes to any person under the age of 18
years, or if he, being under the age of 18 years, purchases, accepts, receives or
possesses, any pistol commonly referred to as "starter pistol" specially designed
to receive and discharge blank cartridges only or similar pistol.
(b) Exception.--Nothing in this section shall prohibit the use of starter pistols
for the purpose of starting or officiating at athletic events, use in dramatic
productions, or other similar events.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6304
Effective: February 21, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6304. Sale and use of air rifles
(a) Sale or transfer of air rifles.--
(1) It shall be unlawful for any dealer to sell, lend, rent, give, or otherwise
transfer an air rifle to any person under the age of 18 years, where the dealer
knows, or has reasonable cause to believe, the person to be under 18 years of
age, or where such dealer has failed to make reasonable inquiry relative to the
age of such person, and such person is under 18 years of age.
(2) It shall be unlawful for any person to sell, give, lend, or otherwise
transfer any air rifle to any person under 18 years of age, except where the
relationship of parent and child, guardian and ward or adult instructor and
pupil exists between such person and the person under 18 years of age.
(b) Carrying or discharging air rifles.--
(1) It shall be unlawful for any person under 18 years of age to carry any air
rifle on the highways or public lands unless accompanied by an adult, except
that a person under 18 years of age may carry such rifle unloaded in a suitable
case or securely wrapped.
(2) It shall be unlawful for any person to discharge any air rifle from or
across any highway or public land or any public place, except on a properly
constructed target range.
Exceptions.--
(1) Nothing in this section shall make it unlawful for any person under 18 years
of age to have in his possession any air rifle, if it is:
(i) kept within his domicile;
(ii) used by the person under 18 years of age and he is a duly enrolled member
of any club, team or society organized for educational purposes and maintaining
as part of its facilities or having written permission to use an indoor or
outdoor rifle range under the supervision, guidance and instruction of a
responsible adult, and then only, if said air rifle is actually being used in
connection with the activities of said club, team or society under the
supervision of a responsible adult; or
(iii) used in or on any private grounds or residence under circumstances when
such air rifle can be fired, discharged or operated in such a manner as not to
endanger persons or property, and then only, if it is used in such manner as to
prevent the projectile from transversing any grounds or space outside the
limits of such grounds or residence.
(2) Nothing in this section shall prohibit sales of air rifles:
(i) By wholesale dealers or jobbers.
(ii) To be shipped out of this Commonwealth.
(iii) To be used at a target range operated in accordance with paragraph (1) of
this subsection or by members of the armed services of the United States or
veterans' organizations.
(d) Seizure.--Any law enforcement officer may seize, take, remove or cause to be
removed, at the expense of the owner, all air rifles used or offered for sale in
violation of this section.
(e) No preemption.--The provisions of any ordinance enacted by any political
subdivision which impose greater restrictions or limitations in respect to the
sale and purchase, use or possession of air rifles, than is imposed by this
section, shall not be invalidated or affected by this section.
(f) Grading.--Any dealer violating the provisions of paragraph (a)(1) of this
section shall be guilty of a misdemeanor of the third degree. Any person
violating any other provision of this section shall be guilty of a summary
offense.
(g) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Air rifle." Any air gun, air pistol, spring gun, spring pistol, B-B gun, or any
implement that is not a firearm, which impels a pellet of any kind with a force
that can reasonably be expected to cause bodily harm. The term does not include a
paintball gun or paintball marker as defined in section 2707.2 (relating to
paintball guns and paintball markers).
"Dealer." Any person engaged in the business of selling at retail or renting any
air rifles.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2005, Dec.
22, P.L. 449, No. 85, s 1, effective in 60 days [Feb. 21, 2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6305
Effective: August 9, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6305. Sale of tobacco
(a) Offense defined.--Except as set forth in subsection (f), a person is guilty of
a summary offense if the person:
(1) sells a tobacco product to any minor;
(2) furnishes, by purchase, gift or other means, a tobacco product to a minor;
(3) Deleted.
(4) locates or places a tobacco vending machine containing a tobacco product in
a location accessible to minors;
(5) displays or offers a cigarette for sale out of a pack of cigarettes; or
(6) displays or offers for sale tobacco products in any manner which enables an
individual other than the retailer or an employee of the retailer to physically
handle tobacco products prior to purchase unless the tobacco products are
located within the line of sight or under the control of a cashier or other
employee during business hours, except that this paragraph shall not apply to
retail stores which derive 75% or more of sales revenues from tobacco products.
(a.1) Purchase.--A minor is guilty of a summary offense if the minor:
(1) purchases or attempts to purchase a tobacco product; or
(2) knowingly falsely represents himself to be at least 18 years of age to a
person for the purpose of purchasing or receiving a tobacco product.
(b) Penalty.--
(1) Except as set forth in paragraph (2), a person that violates subsection (a)
shall be sentenced as follows:
(i) for a first offense, to pay a fine of not less than $100 nor more than
$250;
(ii) for a second offense, to pay a fine of not less than $250 nor more than
$500; or
(iii) for a third or subsequent offense, to pay a fine of not less than $500
nor more than $1,000.
(2) A retailer that violates subsection (a) shall be sentenced as follows:
(i) for a first offense, to pay a fine of not less than $100 nor more than
$500;
(ii) for a second offense, to pay a fine of not less than $500 nor more than
$1,000;
(iii) for a third offense, to pay a fine of not less than $1,000 nor more than
$3,000; or
(iv) for a fourth or subsequent offense, to pay a fine of not less than $3,000
nor more than $5,000.
(3) A minor who violates subsection (a.1) shall be sentenced to any or all of
the following:
(i) not more than 75 hours of community service;
(ii) complete a tobacco use prevention and cessation program approved by the
Department of Health;
(iii) a fine not to exceed $200; or
(iv) a 30-day suspension of motor vehicle operating privileges.
Notification.--
(1) Upon issuing or filing a citation charging a violation of subsection (a.1),
the affiant shall notify the parent or guardian of the minor charged.
(2) Upon imposing a sentence under subsection (b)(1) or (2), a court shall
notify the department of the violation committed by the person if the person is
a retailer or an employee of a retailer and the person committed the violation
in the course of the person's employment.
(d) Nature of offense.--
(1) An offense under subsection (a.1) shall not be a criminal offense of record,
shall not be reportable as a criminal act and shall not be placed on the
criminal record of the offender. The failure of a minor to comply with a
sentence under subsection (b)(3) shall not constitute a delinquent act under 42
Pa.C.S. Ch. 63 (relating to juvenile matters).
(2) A record of participation in an adjudication alternative program under
subsection (e) shall be maintained for purposes of determining subsequent
eligibility for such a program.
(3) Except as provided in subsection (f)(1), a retailer is liable for the acts
of its agents as permitted by section 307 (relating to liability of
organizations and certain related persons).
(e) Preadjudication disposition.--If a person is charged with violating this
section, the court may admit the offender to the adjudication alternative program
as authorized in 42 Pa.C.S. s 1520 (relating to adjudication alternative program)
or any other preadjudication disposition if the offender has not previously
received a preadjudication disposition for violating this section. Accelerated
rehabilitative disposition or any other preadjudication alternative for a
violation of subsection (a) shall be considered an offense for the purposes of
imposing criminal penalties under subsection (b)(1) and (2).
(f) Exceptions.--
(1) The following affirmative defense is available:
(i) It is an affirmative defense for a retailer to an offense under subsection
(a)(1) and (2) that, prior to the date of the alleged violation, the retailer
has complied with all of the following:
(A) adopted and implemented a written policy against selling tobacco products
to minors which includes:
(I) a requirement that an employee ask an individual who appears to be 25
years of age or younger for a valid photoidentification as proof of age
prior to making a sale of tobacco products;
(II) a list of all types of acceptable photoidentification;
(III) a list of factors to be examined in the photoidentification, including
photo likeness, birth date, expiration date, bumps, tears or other damage
and signature;
(IV) a requirement that, if the photoidentification is missing any of the
items listed in subclause (III), it is not valid and cannot be accepted as
proof of age for the sale of tobacco products. A second photoidentification
may be required to make the sale of tobacco products, with questions
referred to the manager; and
(V) a disciplinary policy which includes employee counseling and suspension
for failure to require valid photoidentification and dismissal for repeat
improper sales.
(B) informed all employees selling tobacco products through an established
training program of the applicable Federal and State laws regarding the sale
of tobacco products to minors;
documented employee training indicating that all employees selling
tobacco products have been informed of and understand the written policy
referred to in clause (A);
(D) trained all employees selling tobacco products to verify that the
purchaser is at least 18 years of age before selling tobacco products;
(E) conspicuously posted a notice that selling tobacco products to a minor is
illegal, that the purchase of tobacco products by a minor is illegal and that
a violator is subject to penalties; and
(F) established and implemented disciplinary sanctions for noncompliance with
the policy under clause (A).
(ii) An affirmative defense under this paragraph must be proved by a
preponderance of the evidence.
(iii) An affirmative defense under this paragraph may be used by a retailer no
more than three times at each retail location during any 24-month period.
(2) No more than one violation of subsection (a) per person arises out of
separate incidents which take place in a 24-hour period.
(3) It is not a violation of subsection (a.1)(1) for a minor to purchase or
attempt to purchase a tobacco product if all of the following apply:
(i) The minor is at least 14 years of age.
(ii) The minor is an employee, volunteer or an intern with:
(A) a State or local law enforcement agency;
(B) the Department of Health or a primary contractor pursuant to Chapter 7 of
the act of June 26, 2001 (P.L.755, No.77), [FN1] known as the Tobacco
Settlement Act;
a single county authority created pursuant to the act of April 14, 1972
(P.L. 221, No. 63), [FN2] known as the Pennsylvania Drug and Alcohol Abuse
Control Act;
(D) a county or municipal health department; or
(E) a retailer.
(iii) The minor is acting within the scope of assigned duties as part of an
authorized investigation, compliance check under subsection (g) or
retailer-organized self-compliance check.
(iv) A minor shall not use or consume a tobacco product.
(g) Compliance checks.--This subsection shall apply to compliance checks conducted
by the Department of Health, a primary contractor pursuant to Chapter 7 of the
Tobacco Settlement Act, a single county authority created pursuant to the
Pennsylvania Drug and Alcohol Abuse Control Act or a county or municipal health
department for the purpose of conducting retailer education, assessing compliance
with Federal or State law and enforcing the provisions of this section.
Compliance checks shall be conducted, at a minimum, in accordance with all of the
following:
(1) Compliance checks shall only be conducted in consultation with the
Department of Health and the law enforcement agency providing primary police
services to the municipality where the compliance check is being conducted.
(2) A minor participating in a compliance check must be at least 14 years of
age, complete a course of training approved by the Department of Health and
furnish the Department of Health with a signed, written parental consent
agreement allowing the minor to participate in the compliance check.
(3) A retailer that is found to be in compliance with this section during a
compliance check shall be notified in writing of the compliance check and the
determination of compliance.
(4) Compliance checks conducted under this subsection shall be in a manner
consistent with this subsection and the regulations as promulgated by the
Department of Health.
(5) The Department of Health, a primary contractor pursuant to Chapter 7 of the
Tobacco Settlement Act, a single county authority created pursuant to the
Pennsylvania Drug and Alcohol Abuse Control Act or a county or municipal health
department shall conduct a compliance check under this subsection no more than
once every 30 days at any one retail location. This paragraph shall not
preclude the law enforcement agency providing primary police services to the
municipality in which the retail store is located from otherwise enforcing this
section.
(6) Individuals participating in compliance checks under this subsection shall
not be deemed employees under the act of July 23, 1970 (P.L. 563, No. 195),
[FN3] known as the Public Employe Relations Act, nor shall participating
individuals be considered policemen under the act of June 24, 1968 (P.L. 237,
No. 111), [FN4] referred to as the Policemen and Firemen Collective Bargaining
Act.
(h) Administrative action.--
(1) Upon receiving notice, in accordance with subsection or otherwise, of a
third conviction of a retailer during any 24-month period, the department may,
after an opportunity for a hearing, suspend the retailer's cigarette license for
up to 30 days. The department, in a hearing held pursuant to this paragraph,
has jurisdiction only to determine whether or not the retailer was convicted of
a violation of subsection (a). The introduction of a certified copy of a
conviction for a violation of subsection (a) shall be sufficient evidence for
the suspension of the cigarette license.
(2) Upon receiving notice, in accordance with subsection or otherwise, of a
fourth conviction of a retailer during any 24-month period, the department may,
after an opportunity for a hearing, revoke the retailer's cigarette license for
up to 60 days. The department, in a hearing held under this paragraph, has
jurisdiction only to determine whether or not the retailer was convicted of a
violation of subsection (a). The introduction of a certified copy of a
conviction for a violation of subsection (a) shall be sufficient evidence for
the revocation of the cigarette license.
(i) Enforcement.--An employee of the Department of Health, a single county
authority created pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act,
a county or municipal health department or a primary contractor pursuant to
Chapter 7 of the Tobacco Settlement Act may institute a proceeding to enforce the
provisions of this section in accordance with any means authorized by the Rules of
Criminal Procedure. The enforcement authority granted pursuant to this subsection
may not be delegated.
(j) Other penalties.--Notwithstanding any other law to the contrary, prosecution
or conviction under this section shall not constitute a bar to any prosecution,
penalty or administrative action under any other applicable statutory provision.
(k) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Cigarette." A roll for smoking made wholly or in part of tobacco, irrespective
of size or shape and whether or not the tobacco is flavored, adulterated or mixed
with any other ingredient, the wrapper or cover of which is made of paper or other
substance or material except tobacco. The term does not include a cigar.
"Cigarette license." A license issued under section 203-A or 213-A of the act of
April 9, 1929 (P.L. 343, No. 176), [FN5] known as The Fiscal Code.
"Department." The Department of Revenue of the Commonwealth.
"Minor." An individual under 18 years of age.
"Pack of cigarettes." As defined in section 1201 of the act of March 4, 1971
(P.L. 6, No. 2), [FN6] known as the Tax Reform Code of 1971.
"Pipe tobacco." Any product containing tobacco made primarily for individual
consumption that is intended to be smoked using tobacco paraphernalia.
"Retailer." A person licensed under section 203-A or 213-A of the act of April 9,
1929 (P.L. 343, No. 176), known as The Fiscal Code.
"Smokeless tobacco." Any product containing finely cut, ground, powdered, blended
or leaf tobacco made primarily for individual consumption that is intended to be
placed in the oral or nasal cavity and not intended to be smoked. The term
includes, but is not limited to, chewing tobacco, dipping tobacco and snuff.
"Tobacco product." A cigarette, cigar, pipe tobacco or other smoking tobacco
product or smokeless tobacco in any form, manufactured for the purpose of
consumption by a purchaser, and any cigarette paper or product used for smoking
tobacco.
"Tobacco vending machine." A mechanical or electrical device from which one or
more tobacco products are dispensed for a consideration.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1990, Feb.
14, P.L. 54, No. 7, s 2, imd. effective; 2002, July 10, P.L. 789, No. 112, s 1,
effective in 30 days.
[FN1] 35 P.S. s 5701.701 et seq.
[FN2] 71 P.S. s 1690.101 et seq.
[FN3] 43 P.S. s 1101.101 et seq.
[FN4] 43 P.S. s 217.1 et seq.
[FN5] 72 P.S. ss 203-A and 213-A.
[FN6] 72 P.S. s 8201.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6306
Effective: August 9, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6306. Repealed by 2002, July 10, P.L. 789, No. 112, s 2, effective
in 30 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6306.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6306.1. Use of tobacco in schools prohibited
(a) Offense defined.--A pupil who possesses or uses tobacco in a school building,
a school bus or on school property owned by, leased by or under the control of a
school district commits a summary offense.
(b) Grading.--A pupil who commits an offense under this section shall be subject
to prosecution initiated by the local school district and shall, upon conviction,
be sentenced to pay a fine of not more than $50 for the benefit of the school
district in which such offending pupil resides and to pay court costs. When a
pupil is charged with violating subsection (a), the court may admit the offender
to an adjudication alternative as authorized under 42 Pa.C.S. s 1520 (relating to
adjudication alternative program) in lieu of imposing the fine.
Nature of offense.--A summary offense under this section shall not be a
criminal offense of record, shall not be reportable as a criminal act and shall
not be placed on the criminal record of the offending school-age person if any
such record exists.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Pupil." A person between the ages of 6 and 21 years who is enrolled in school.
"School." A school operated by a joint board, board of directors or school board
where pupils are enrolled in compliance with Article XIII of the act of March 10,
1949 (P.L. 30, No. 14), [FN1] known as the Public School Code of 1949, including
area vocational schools and intermediate units.
"Tobacco." A lighted or unlighted cigarette, cigar, pipe or other lighted smoking
product and smokeless tobacco in any form.
CREDIT(S)
1996, Dec. 4, P.L. 902, No. 145, s 2, effective in 60 days.
[FN1] 24 P.S. s 13-1301 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6307
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6307. Misrepresentation of age to secure liquor or malt or brewed
beverages
(a) Offense defined.--A person is guilty of a summary offense for a first
violation and a misdemeanor of the third degree for any subsequent violations if
he, being under the age of 21 years, knowingly and falsely represents himself to
be 21 years of age or older to any licensed dealer, distributor or other person,
for the purpose of procuring or having furnished to him, any liquor or malt or
brewed beverages.
(b) Minimum penalty.--In addition to any other penalty imposed pursuant to section
6310.4 (relating to restriction of operating privileges) or this title or other
statute, a person who is convicted of violating subsection (a) may be sentenced to
pay a fine of not more than $500 for subsequent violations. No court shall have
the authority to suspend any sentence as defined in this section.
Adjudication of delinquency.--In addition to any other disposition authorized
by law, a person adjudicated delinquent under subsection (a) may be ordered to pay
a fine not exceeding $500 for an adjudication of delinquency.
(d) Preadjudication disposition.--
(1) When a person is charged with violating subsection (a), the court may admit
the offender to an adjudication alternative program under 42 Pa.C.S. s 1520
(relating to adjudication alternative program) or to any other preadjudication
disposition, if the offender has not previously received a preadjudication
disposition for violating subsection (a).
(2) The use of a preadjudication disposition shall be considered a first or
subsequent offense, whichever is applicable, for the purpose of further
adjudication under this section or under section 6310.4.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988,
March 25, P.L. 262, No. 31, s 10, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6308
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6308. Purchase, consumption, possession or transportation of liquor
or malt or brewed beverages
(a) Offense defined.--A person commits a summary offense if he, being less than 21
years of age, attempts to purchase, purchases, consumes, possesses or knowingly
and intentionally transports any liquor or malt or brewed beverages, as defined in
section 6310.6 (relating to definitions). For the purposes of this section, it
shall not be a defense that the liquor or malt or brewed beverage was consumed in
a jurisdiction other than the jurisdiction where the citation for underage
drinking was issued.
(b) Penalty.--In addition to the penalty imposed pursuant to section 6310.4
(relating to restriction of operating privileges), a person convicted of violating
subsection (a) may be sentenced to pay a fine of not more than $500 for the first
violation and not more than $1,000 for the second and each subsequent violation.
Preadjudication disposition.--
(1) When a person is charged with violating subsection (a), the magisterial
district judge may admit the offender to the adjudication alternative as
authorized in 42 Pa.C.S. s 1520 (relating to adjudication alternative program)
or any other preadjudication disposition if the offender has not previously
received a preadjudication disposition for violating subsection (a).
(2) The use of a preadjudication disposition shall be considered a first or
subsequent offense, whichever is applicable, for the purpose of further
adjudication under this section or under section 6310.4.
(d) Notification.--The police department making an arrest for a suspected
violation of subsection (a) shall so notify the parents or guardian of the minor
charged.
<Subsec. (e) expires Dec. 31, 2017.>
(e) Exception for compliance checks.--
(1) An individual who is under 21 years of age may purchase, attempt to
purchase, possess or transport liquor or malt or brewed beverages if all of the
following apply:
(i) The individual is at least 18 years of age.
(ii) The individual is an officer, employee or intern of the Bureau of Liquor
Control Enforcement of the Pennsylvania State Police.
(iii) The individual has completed training specified by the bureau.
(iv) The individual is acting within the scope of prescribed duties.
(v) The individual is acting under the direct control or supervision of a
bureau officer who is an adult.
(2) Under no circumstances may individuals under 21 years of age consume liquor
or malt or brewed beverages.
(3) The Pennsylvania State Police shall promulgate regulations prescribing the
manner in which compliance checks are to be performed. Compliance checks under
this subsection shall be conducted in a manner consistent with the regulations.
Regulations shall require, at a minimum, all of the following:
(i) Prior to participation in the compliance check, the officer, employee or
intern shall undergo training approved by the Bureau of Liquor Control
Enforcement.
(ii) A person licensed to sell liquor or malt or brewed beverages that is found
to be in compliance with this section during a compliance check shall be
notified in writing of the compliance check and the determination of
compliance.
(iii) A person licensed to sell liquor or malt or brewed beverages that is
found to be noncompliant with this section during a compliance check shall be
immediately verbally advised by the supervising bureau officer and shall be
notified in writing of the failure to comply within ten working days of the
date of the compliance check.
(f) Exception for person seeking medical attention for another.--A person shall be
immune from prosecution for consumption or possession under subsection (a) if he
can establish the following:
(1) The only way law enforcement officers became aware of the person's violation
of subsection (a) is because the person placed a 911 call, or a call to campus
safety, police or emergency services, in good faith, based on a reasonable
belief and reported that another person was in need of immediate medical
attention to prevent death or serious injury.
(2) The person reasonably believed he was the first person to make a 911 call or
a call to campus safety, police or emergency services, and report that a person
needed immediate medical attention to prevent death or serious injury.
(3) The person provided his own name to the 911 operator or equivalent campus
safety, police or emergency officer.
(4) The person remained with the person needing medical assistance until
emergency health care providers arrived and the need for his presence had ended.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No.334, s 1, effective June 6, 1973. Amended 1978, April
28, P.L. 202, No. 53, s 7(8), eff. June 27, 1978; 1988, March 25, P.L. 262, No.
31, s 10, effective in 60 days; 2000, March 17, P.L. 11, No. 4, s 1, effective in
60 days; 2002, Dec. 3, P.L. 1144, No. 141, s 1, effective in 60 days; 2004, Nov.
30, P.L. 1618, No. 207, s 4, effective Jan. 31, 2005; 2011, July 7, P.L. 288, No.
66, s 1, effective in 60 days [Sept. 6, 2011]; 2012, Oct. 25, P.L. 1663, No. 205,
s 1, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6309
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6309. Representing that minor is of age
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he knowingly, willfully, and falsely represents to any licensed dealer, or other
person, any minor to be of full age, for the purpose of inducing any such licensed
dealer or other person, to sell or furnish any liquor or malt or brewed beverages,
as defined in section 6310.6 (relating to definitions), to the minor.
(b) Minimum penalty.--In addition to any other penalty imposed pursuant to this
title or other statute, a person committing an offense under this section shall be
sentenced to pay a fine of not less than $300. There shall be no authority in any
court to impose on an offender any lesser sentence than the minimum sentence
mandated by this subsection. In no case shall the sentence exceed the maximum
sentence prescribed by law. No court shall have the authority to suspend any
sentence as defined in this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988,
March 25, P.L. 262, No. 31, s 10, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310
Effective: February 3, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310. Inducement of minors to buy liquor or malt or brewed beverages
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he hires or requests or induces any minor to purchase, or offer to purchase,
liquor or malt or brewed beverages, as defined in section 6310.6 (relating to
definitions), from a duly licensed dealer for any purpose.
(b) Minimum penalty.--In addition to any other penalty imposed pursuant to this
title or other statute, a person convicted of an offense under this section shall
be sentenced to pay a fine of not less than $300. There shall be no authority in
any court to impose on an offender any lesser sentence than the minimum sentence
mandated by this subsection. Nothing in this section shall prevent the sentencing
court from imposing a sentence greater than the minimum sentence mandated in this
subsection. In no case shall the sentence exceed the maximum sentence prescribed
by law. No court shall have the authority to suspend any sentence as defined in
this section.
<Subsec. expires Dec. 31, 2017.>
Exception for compliance checks.--
(1) An individual who is under 21 years of age may purchase, attempt to
purchase, possess or transport liquor or malt or brewed beverages if all of the
following apply:
(i) The individual is at least 18 years of age.
(ii) The individual is an officer, employee or intern of the Bureau of Liquor
Control Enforcement of the Pennsylvania State Police.
(iii) The individual has completed training specified by the bureau.
(iv) The individual is acting within the scope of prescribed duties.
(v) The individual is acting under the direct control or supervision of a
bureau officer who is an adult.
(2) Under no circumstances may individuals under 21 years of age consume liquor
or malt or brewed beverages.
(3) The Pennsylvania State Police shall promulgate regulations prescribing the
manner in which compliance checks are to be performed. Compliance checks under
this subsection shall be conducted in a manner consistent with the regulations.
Regulations shall require, at a minimum, all of the following:
(i) Prior to participation in the compliance check, the officer, employee or
intern shall undergo training approved by the Bureau of Liquor Control
Enforcement.
(ii) A person licensed to sell liquor or malt or brewed beverages that is found
to be in compliance with this section during a compliance check shall be
notified in writing of the compliance check and the determination of
compliance.
(iii) A person licensed to sell liquor or malt or brewed beverages that is
found to be noncompliant with this section during a compliance check shall be
immediately verbally advised by the supervising bureau officer and shall be
notified in writing of the failure to comply within ten working days of the
date of the compliance check.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1988,
March 25, P.L. 262, No. 31, s 10, effective in 60 days; 2002, Dec. 3, P.L. 1144,
No. 141, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310.1
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310.1. Selling or furnishing liquor or malt or brewed beverages to
minors
(a) Offense defined.--Except as provided in subsection (b), a person commits a
misdemeanor of the third degree if he intentionally and knowingly sells or
intentionally and knowingly furnishes, or purchases with the intent to sell or
furnish, any liquor or malt or brewed beverages to a person who is less than 21
years of age.
(b) Exceptions.--The provisions of this section shall not apply to any religious
service or ceremony which may be conducted in a private home or a place of worship
where the amount of wine served does not exceed the amount reasonably, customarily
and traditionally required as an integral part of the service or ceremony.
Minimum penalty.--In addition to any other penalty imposed pursuant to this
title or other statute, a person who is convicted of violating subsection (a)
shall be sentenced to pay a fine of not less than $1,000 for the first violation
and a fine of $2,500 for each subsequent violation. There shall be no authority
in any court to impose on an offender any lesser sentence than the minimum
sentence mandated by this subsection. No court shall have the authority to
suspend any sentence as defined in this section. Nothing in this section shall
prevent the sentencing court from imposing a sentence greater than the minimum
sentence mandated in this subsection. In no case shall the sentence exceed the
maximum sentence prescribed by law.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310.2
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310.2. Manufacture or sale of false identification card
(a) Offense defined.--A person commits a misdemeanor of the second degree if he
intentionally, knowingly or recklessly manufactures, makes, alters, sells or
attempts to sell an identification card falsely representing the identity, birth
date or age of another.
(b) Minimum penalty.--In addition to any other penalty imposed pursuant to this
title or any other statute, a person who is convicted of violating subsection (a)
shall be sentenced to pay a fine of not less than $1,000 for the first violation
and a fine of not less than $2,500 for each subsequent violation. There shall be
no authority in any court to impose on an offender any lesser sentence than the
minimum sentence mandated by this subsection. In no case shall the sentence
exceed the maximum sentence prescribed by law. No court shall have the authority
to suspend any sentence as defined in this section.
Adjudication of delinquency.--In addition to any other disposition authorized
by law, a person adjudicated delinquent under subsection (a) shall be ordered to
pay a fine of $500 for the first adjudication of delinquency and a fine of $1,000
for each subsequent adjudication of delinquency.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310.3
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310.3. Carrying a false identification card
(a) Offense defined.--A person commits a summary offense for a first violation and
a misdemeanor of the third degree for any subsequent violation if he, being under
21 years of age, possesses an identification card falsely identifying that person
by name, age, date of birth or photograph as being 21 years of age or older or
obtains or attempts to obtain liquor or malt or brewed beverages by using the
identification card of another or by using an identification card that has not
been lawfully issued to or in the name of that person who possesses the card.
(b) Minimum penalty.--In addition to any other penalty imposed pursuant to section
6310.4 (relating to restriction of operating privileges) or any other statute, a
person who is convicted of violating subsection (a) shall be sentenced to pay a
fine of not more than $500 for the second and subsequent violations. No court
shall have the authority to suspend any sentence as defined in this section.
Adjudication of delinquency.--In addition to any other disposition authorized
by law, a person adjudicated delinquent under subsection (a) may be ordered to pay
a fine not exceeding $500 for an adjudication of delinquency.
(d) Preadjudication disposition.--
(1) When a person is charged with violating subsection (a), the court may admit
the offender to the adjudication alternative as authorized in 42 Pa.C.S. s 1520
(relating to adjudication alternative program) or any other preadjudication
disposition if the offender has not previously received a preadjudication
disposition for violating subsection (a).
(2) The use of a preadjudication disposition shall be considered a first or
subsequent offense, whichever is applicable, for the purpose of further
adjudication under this section or under section 6310.4.
(e) Notification.--The police department making an arrest for a suspected
violation of subsection (a) shall so notify the parents or guardian of the minor
charged.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310.4
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310.4. Restriction of operating privileges
(a) General rule.--Whenever a person is convicted or is adjudicated delinquent or
is admitted to any preadjudication program for a violation of section 6307
(relating to misrepresentation of age to secure liquor or malt or brewed
beverages), 6308 (relating to purchase, consumption, possession or transportation
of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false
identification card), the court, including a court not of record if it is
exercising jurisdiction pursuant to 42 Pa.C.S. s 1515(a) (relating to jurisdiction
and venue), shall order the operating privilege of the person suspended. A copy
of the order shall be transmitted to the Department of Transportation.
(b) Duration of suspension.--When the department suspends the operating privilege
of a person under subsection (a), the duration of the suspension shall be as
follows:
(1) For a first offense, a period of 90 days from the date of suspension.
(2) For a second offense, a period of one year from the date of suspension.
(3) For a third offense, and any offense thereafter, a period of two years from
the date of suspension. Any multiple sentences imposed shall be served
consecutively.
Reinstatement of operating privilege shall be governed by 75 Pa.C.S. s 1545
(relating to restoration of operating privilege).
Nondrivers.--Any person whose record is received by the department under
subsection (a) and who does not have a driver's license shall be ineligible to
apply for a learner's permit under 75 Pa.C.S. ss 1505 (relating to learners'
permits) and 1507 (relating to application for driver's license or learner's
permit by minor) for the time periods specified in subsection (b). If the person
is under 16 years of age when he is convicted or adjudicated delinquent or
admitted to a preadjudication program, his suspension of operating privileges
shall commence upon his 16th birthday for the time periods specified in subsection
(b).
(d) Insurance premiums.--An insurer shall not increase premiums, impose any
surcharge or rate penalty, or make any driver record point assignment for
automobile insurance, nor shall an insurer cancel or refuse to renew an automobile
insurance policy on account of a suspension under this section.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310.5
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310.5. Predisposition evaluation
(a) General rule.--If an individual is convicted, adjudicated delinquent or
offered preadjudication disposition for a violation of section 6307 (relating to
misrepresentation of age to secure liquor or malt or brewed beverages), 6308
(relating to purchase, consumption, possession or transportation of liquor or malt
or brewed beverages) or 6310.3 (relating to carrying a false identification card),
the following shall apply:
(1) For a first violation of any of the preceding offenses, the court may, in
addition to other requirements, require the individual to be evaluated prior to
an adjudication of delinquency, sentencing or receiving preadjudication
disposition.
(2) For a subsequent violation of any of the preceding offenses, the court
shall, in addition to other requirements, require the individual to be evaluated
prior to sentencing or receiving preadjudication disposition.
(3) Evaluation under this subsection may consist of evaluation techniques if
deemed appropriate by the court to determine the extent of the individual's
involvement with alcohol.
(b) Program of education, intervention and counseling.--Based on the results of
the evaluation authorized under subsection (a) and any additional information, the
court may require that the person successfully complete a prescribed program of
education, intervention or counseling approved by the Department of Health.
Costs.--Costs of any and all requirements applied under this section shall be
in addition to any other penalty required or allowed by law and shall be the
responsibility of the person upon whom the requirement is placed.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310.6
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310.6. Definitions
The following words and phrases when used in sections 6307 (relating to
misrepresentation of age to secure liquor or malt or brewed beverages) through
6310.3 (relating to carrying a false identification card) shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Furnish." To supply, give or provide to, or allow a minor to possess on premises
or property owned or controlled by the person charged.
"Identification card." A driver's license, a Department of Transportation
nondriver's identification card or a card issued by the Pennsylvania Liquor
Control Board for the purpose of identifying a person desiring liquor or malt or
brewed beverages, a card which falsely purports to be any of the foregoing, or any
card, paper or document which falsely identifies the person by name, photograph,
age or date of birth as being 21 years of age or older.
"Liquor." Includes any alcoholic, spirituous, vinous, fermented or other
alcoholic beverage, or combination of liquors and mixed liquor a part of which is
spirituous, vinous, fermented or otherwise alcoholic, including all drinks or
drinkable liquids, preparations or mixtures and reused, recovered or redistilled
denatured alcohol usable or taxable for beverage purposes which contain more than
0.50% of alcohol by volume, except pure ethyl alcohol and malt or brewed
beverages.
"Malt or brewed beverages." Any beer, lager beer, ale, porter or similar
fermented malt beverage containing 0.50% or more of alcohol by volume, by whatever
name such beverage may be called.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6310.7
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6310.7. Selling or furnishing nonalcoholic beverages to persons
under 21 years of age
(a) Offense defined.--A person commits a summary offense if he intentionally and
knowingly sells or furnishes nonalcoholic beverages to any person under 21 years
of age.
(b) Definitions.--As used in this section, the term "nonalcoholic beverage" means
any beverage intended to be marketed or sold as nonalcoholic beer, wine or liquor
having some alcohol content but does not contain more than 0.5% alcohol by volume.
CREDIT(S)
1994, Dec. 12, P.L. 1248, No. 148, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6311
Effective: July 20, 2004
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6311. Tattooing and body piercing
(a) Tattooing.--A person commits an offense if he tattoos any person under the age
of 18 years without the parent or guardian of such person giving consent for the
tattooing of the person and being present at the time of the tattooing of the
person.
(b) Body piercing.--A person commits an offense if for compensation he punctures a
part of the body of any person under the age of 18 years with the intent to create
a permanent hole for cosmetic purposes without the parent or guardian of such
person giving consent for the piercing of the person and being present at the time
of the piercing of the person.
Grading.--A person who commits an offense under this section shall be guilty
of a misdemeanor of the third degree for the first offense. A person who commits
a second or subsequent offense under this section within one year of the preceding
offense commits a misdemeanor of the second degree.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2004, May
21, P.L. 232, No. 36, s 1, effective July 20, 2004.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6312
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6312. Sexual abuse of children
(a) Deleted by 2009, July 14, P.L. 63, No. 15, s 1, effective in 60 days [Sept.
14, 2009].
(b) Photographing, videotaping, depicting on computer or filming sexual acts.--Any
person who causes or knowingly permits a child under the age of 18 years to engage
in a prohibited sexual act or in the simulation of such act is guilty of a felony
of the second degree if such person knows, has reason to know or intends that such
act may be photographed, videotaped, depicted on computer or filmed. Any person
who knowingly photographs, videotapes, depicts on computer or films a child under
the age of 18 years engaging in a prohibited sexual act or in the simulation of
such an act is guilty of a felony of the second degree.
Dissemination of photographs, videotapes, computer depictions and films.--
(1) Any person who knowingly sells, distributes, delivers, disseminates,
transfers, displays or exhibits to others, or who possesses for the purpose of
sale, distribution, delivery, dissemination, transfer, display or exhibition to
others, any book, magazine, pamphlet, slide, photograph, film, videotape,
computer depiction or other material depicting a child under the age of 18 years
engaging in a prohibited sexual act or in the simulation of such act commits an
offense.
(2) A first offense under this subsection is a felony of the third degree, and a
second or subsequent offense under this subsection is a felony of the second
degree.
(d) Child pornography.--
(1) Any person who intentionally views or knowingly possesses or controls any
book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction
or other material depicting a child under the age of 18 years engaging in a
prohibited sexual act or in the simulation of such act commits an offense.
(2) A first offense under this subsection is a felony of the third degree, and a
second or subsequent offense under this subsection is a felony of the second
degree.
(e) Evidence of age.--In the event a person involved in a prohibited sexual act is
alleged to be a child under the age of 18 years, competent expert testimony shall
be sufficient to establish the age of said person.
(e.1) Mistake as to age.--Under subsection (b) only, it is no defense that the
defendant did not know the age of the child. Neither a misrepresentation of age
by the child nor a bona fide belief that the person is over the specified age
shall be a defense.
(f) Exceptions.--This section does not apply to any of the following:
(1) Any material that is viewed, possessed, controlled, brought or caused to be
brought into this Commonwealth, or presented, for a bona fide educational,
scientific, governmental or judicial purpose.
(2) Conduct prohibited under section 6321 (relating to transmission of sexually
explicit images by minor), unless the conduct is specifically excluded by
section 6321(d).
(3) An individual under 18 years of age who knowingly views, photographs,
videotapes, depicts on a computer or films or possesses or intentionally views a
visual depiction as defined in section 6321 of himself alone in a state of
nudity as defined in section 6321.
(f.1) Criminal action.--
(1) A district attorney shall have the authority to investigate and to institute
criminal proceedings for any violation of this section.
(2) In addition to the authority conferred upon the Attorney General by the act
of October 15, 1980 (P.L. 950, No. 164), [FN1] known as the Commonwealth
Attorneys Act, the Attorney General shall have the authority to investigate and
to institute criminal proceedings for any violation of this section or any
series of violations of this section involving more than one county of this
Commonwealth or involving any county of this Commonwealth and another state. No
person charged with a violation of this section by the Attorney General shall
have standing to challenge the authority of the Attorney General to investigate
or prosecute the case, and, if any such challenge is made, the challenge shall
be dismissed and no relief shall be available in the courts of this Commonwealth
to the person making the challenge.
(g) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Intentionally views." The deliberate, purposeful, voluntary viewing of material
depicting a child under 18 years of age engaging in a prohibited sexual act or in
the simulation of such act. The term shall not include the accidental or
inadvertent viewing of such material.
"Prohibited sexual act." Sexual intercourse as defined in section 3101 (relating
to definitions), masturbation, sadism, masochism, bestiality, fellatio,
cunnilingus, lewd exhibition of the genitals or nudity if such nudity is depicted
for the purpose of sexual stimulation or gratification of any person who might
view such depiction.
CREDIT(S)
1977, Oct. 26, P.L. 212, No. 62, s 1, effective in 60 days. Amended 1988, Dec.
19, P.L. 1275, No. 158, s 3, effective in 60 days; 1995, March 31, P.L. 985, No.
10 (Spec. Sess. No. 1), s 11, effective in 60 days; 2002, Nov. 20, P.L. 1104, No.
134, s 1, effective in 60 days; 2009, July 14, P.L. 63, No. 15, s 1, effective in
60 days [Sept. 14, 2009]; 2010, Oct. 7, P.L. 482, No. 69, s 2, effective in 60
days [Dec. 6, 2010]; 2012, Oct. 25, P.L. 1623, No. 198, s 1, effective in 60 days
[Dec. 24, 2012].
[FN1] 71 P.S. s 732-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6313
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6313. Special information
(a) General rule.--At the time of conviction or admission to a preadjudication
disposition for a violation of section 6307 (relating to misrepresentation of age
to secure liquor or malt or brewed beverages), 6308 (relating to purchase,
consumption, possession or transportation of liquor or malt or brewed beverages)
or 6310.3 (relating to carrying a false identification card), the court shall
provide to the Department of Transportation, in such form as prescribed by the
department, the name of the offender, the offender's date of birth, the
disposition of the case and the duration of any license suspension.
(b) Availability.--Information under this section shall be available to law
enforcement agencies and the judicial system for the purpose of determining
whether the offender has a prior record of violation of the offenses listed in
subsection (a).
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6314
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6314. Sentencing and penalties for trafficking drugs to minors
(a) General rule.--A person over 18 years of age who is convicted in any court of
this Commonwealth of a violation of section 13(a)(14) or (30) of the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, [FN1] shall, if the delivery or possession with intent to deliver of
the controlled substance was to a minor, be sentenced to a minimum sentence of at
least one year total confinement, notwithstanding any other provision of this
title or other statute to the contrary.
(b) Additional penalties.--In addition to the mandatory minimum sentence set forth
in subsection (a), the person shall be sentenced to an additional minimum sentence
of at least two years total confinement, notwithstanding any other provision of
this title or other statute to the contrary, if the person did any of the
following:
(1) Committed the offense with the intent to promote the habitual use of the
controlled substance.
(2) Intended to engage the minor in the trafficking, transportation, delivery,
manufacturing, sale or conveyance.
(3) Committed the offense within 1,000 feet of the real property on which is
located a public, private or parochial school or a college or university.
(4) Committed the offense on a school bus or within 500 feet of a school bus
stop.
Proof at sentencing.--The provisions of this section shall not be an element
of the crime. Notice of the applicability of this section to the defendant shall
not be required prior to conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided after conviction and
before sentencing. The applicability of this section shall be determined at
sentencing. The court shall consider evidence presented at trial, shall afford
the Commonwealth and the defendant an opportunity to present necessary additional
evidence, and shall determine, by a preponderance of the evidence, if this section
is applicable.
(d) Authority of court in sentencing.--There shall be no authority for a court to
impose on a defendant to which this section is applicable a lesser sentence than
provided for in subsection (a), to place the defendant on probation or to suspend
sentence. Nothing in this section shall prevent the sentencing court from
imposing a sentence greater than that provided in this section. Sentencing
guidelines promulgated by the Pennsylvania Commission on Sentencing shall not
supersede the mandatory sentences provided in this section. Disposition under
section 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic Act [FN2]
shall not be available to a defendant to which this section applies.
(e) Appeal by Commonwealth.--If a sentencing court refuses to apply this section
where applicable, the Commonwealth shall have the right to appellate review of the
action of the sentencing court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a sentence in accordance
with this section if it finds that the sentence was imposed in violation of this
section.
(f) Forfeiture.--Assets against which a forfeiture petition has been filed and is
pending or against which the Commonwealth has indicated an intention to file a
forfeiture petition shall not be subject to a fine under this section.
(g) Definition.--As used in this section, the term "minor" means an individual
under 18 years of age.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 11, effective July 1, 1988. Amended 1997, May
9, P.L. 142, No. 8, s 1, effective in 60 days.
[FN1] 35 P.S. ss 780-113(a), 780-114, 780-130.
[FN2] 35 P.S. ss 780-117, 780-118.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6315
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6315. Selling or furnishing butane to minors
(a) Offense defined.--A person commits a summary offense if he knowingly sells or
knowingly furnishes or purchases with the intent to sell or furnish butane to a
person who is less than 18 years of age, except where the relationship of parent
and child, guardian and ward or adult instructor and pupil exists between such
person and the person who is less than 18 years of age.
(b) Penalty.--A person who is convicted of violating subsection (a) shall be
sentenced to pay a fine of not less than $250 for the first violation and a fine
of $500 for each subsequent violation.
Definition.--As used in this section, the term "butane" means any product
which contains 90% by weight or more of n-butane, isobutane or both. It does not
include products which contain n-butane, isobutane or both as a secondary
component, or within the formulation as a solvent or propellant.
CREDIT(S)
1995, Nov. 22, P.L. 621, No. 66, s 7, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6316
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6316. Selling or furnishing certain stimulants to minors
(a) Offense defined.--A person commits a summary offense if he knowingly sells or
purchases with the intent to sell ephedrine to a person who is less than 18 years
of age.
(b) Penalty.--A person who is convicted of violating subsection (a) shall be
sentenced to pay a fine of not less than $250 nor more than $500 for the first
violation and a fine of $500 for each subsequent violation.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Ephedrine."
(1) Except as provided in paragraph (2), any product that contains any quantity
of ephedrine, a salt of ephedrine, an optical isomer of ephedrine or a salt of
an optical isomer of ephedrine.
(2) The term does not include a product containing ephedrine if it may lawfully
be sold over the counter without a prescription under the Federal Food, Drug,
and Cosmetic Act (52 Stat. 1040, 21 U.S.C. s 301 et seq.); is labeled and
marketed in a manner consistent with the pertinent OTC Tentative Final or Final
Monograph; is manufactured and distributed for legitimate medicinal use in a
manner that reduces or eliminates the likelihood of abuse; and as described as
follows:
(i) Solid oral dosage forms, including soft gelatin caplets, that combine
active ingredients in the following ranges for each dosage unit:
(A) Theophylline (100-130 mg), ephedrine (12.5-24 mg).
(B) Theophylline (60-100 mg), ephedrine (12.5-24 mg), guaifenesin (200-400
mg).
Ephedrine (12.5-25 mg), guaifenesin (200-400 mg).
(D) Phenobarbital (not greater than 8 mg) in combination with the ingredients
of clause (A) or (B).
(ii) Liquid oral dosage forms that combine active ingredients in the following
ranges for each 5 ml dose:
(A) Theophylline (not greater than 45 mg), ephedrine (not greater than 36
mg), guaifenesin (not greater than 100 mg), phenobarbital (not greater than
12 mg).
(B) Phenylephephrine (not greater than 5 mg), ephedrine (not greater than 5
mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater
than 10 mg), ammonium Cl (not greater than 40 mg), ipecac fluid extract (not
greater than 0.005 ml).
(iii) Anorectal preparations containing less than 5% ephedrine.
(iv) Any liquid compound, mixture or preparation containing 0.5% or less of
ephedrine.
CREDIT(S)
1997, May 9, P.L. 142, No. 8, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6317
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6317. Drug-free school zones
(a) General rule.--A person 18 years of age or older who is convicted in any court
of this Commonwealth of a violation of section 13(a)(14) or (30) of the act of
April 14, 1972 (P.L. 233, No. 64), [FN1] known as The Controlled Substance, Drug,
Device and Cosmetic Act, shall, if the delivery or possession with intent to
deliver of the controlled substance occurred within 1,000 feet of the real
property on which is located a public, private or parochial school or a college or
university or within 250 feet of the real property on which is located a
recreation center or playground or on a school bus, be sentenced to a minimum
sentence of at least two years of total confinement, notwithstanding any other
provision of this title, The Controlled Substance, Drug, Device and Cosmetic Act
or other statute to the contrary. The maximum term of imprisonment shall be four
years for any offense:
(1) subject to this section; and
(2) for which The Controlled Substance, Drug, Device and Cosmetic Act provides
for a maximum term of imprisonment of less than four years.
If the sentencing court finds that the delivery or possession with intent to
deliver was to an individual under 18 years of age, then this section shall not be
applicable and the offense shall be subject to section 6314 (relating to
sentencing and penalties for trafficking drugs to minors).
(b) Proof at sentencing.--The provisions of this section shall not be an element
of the crime. Notice of the applicability of this section to the defendant shall
not be required prior to conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided after conviction and
before sentencing. The applicability of this section shall be determined at
sentencing. The court shall consider evidence presented at trial, shall afford
the Commonwealth and the defendant an opportunity to present necessary additional
evidence and shall determine by a preponderance of the evidence if this section is
applicable.
Authority of court in sentencing.--There shall be no authority for a court to
impose on a defendant to which this section is applicable a lesser sentence than
provided for in subsection (a), to place the defendant on probation or to suspend
sentence. Nothing in this section shall prevent the sentencing court from
imposing a sentence greater than that provided in this section. Sentencing
guidelines promulgated by the Pennsylvania Commission on Sentencing shall not
supersede the mandatory sentences provided in this section. Disposition under
section 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic Act shall
not be available to a defendant to which this section applies.
(d) Appeal by Commonwealth.--If a sentencing court refuses to apply this section
where applicable, the Commonwealth shall have the right to appellate review of the
action of the sentencing court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a sentence in accordance
with this section if it finds that the sentence was imposed in violation of this
section.
CREDIT(S)
1997, June 25, P.L. 284, No. 26, s 4, effective in 60 days.
[FN1] 35 P.S. s 780-113(a)(14) or (30).
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6318
Effective: January 1, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6318. Unlawful contact with minor
(a) Offense defined.--A person commits an offense if he is intentionally in
contact with a minor, or a law enforcement officer acting in the performance of
his duties who has assumed the identity of a minor, for the purpose of engaging in
an activity prohibited under any of the following, and either the person
initiating the contact or the person being contacted is within this Commonwealth:
(1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses).
(2) Open lewdness as defined in section 5901 (relating to open lewdness).
(3) Prostitution as defined in section 5902 (relating to prostitution and
related offenses).
(4) Obscene and other sexual materials and performances as defined in section
5903 (relating to obscene and other sexual materials and performances).
(5) Sexual abuse of children as defined in section 6312 (relating to sexual
abuse of children).
(6) Sexual exploitation of children as defined in section 6320 (relating to
sexual exploitation of children).
(b) Grading.--A violation of subsection (a) is:
(1) an offense of the same grade and degree as the most serious underlying
offense in subsection (a) for which the defendant contacted the minor; or
(2) a felony of the third degree;
whichever is greater.
(b.1) Concurrent jurisdiction to prosecute.--The Attorney General shall have
concurrent prosecutorial jurisdiction with the district attorney for violations
under this section and any crime arising out of the activity prohibited by this
section when the person charged with a violation of this section contacts a minor
through the use of a computer, computer system or computer network. No person
charged with a violation of this section by the Attorney General shall have
standing to challenge the authority of the Attorney General to prosecute the case,
and, if any such challenge is made, the challenge shall be dismissed and no relief
shall be available in the courts of this Commonwealth to the person making the
challenge.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Computer." An electronic, magnetic, optical, hydraulic, organic or other
high-speed data processing device or system which performs logic, arithmetic or
memory functions and includes all input, output, processing, storage, software or
communication facilities which are connected or related to the device in a
computer system or computer network.
"Computer network." The interconnection of two or more computers through the
usage of satellite, microwave, line or other communication medium.
"Computer system." A set of related, connected or unconnected computer equipment,
devices and software.
"Contacts." Direct or indirect contact or communication by any means, method or
device, including contact or communication in person or through an agent or
agency, through any print medium, the mails, a common carrier or communication
common carrier, any electronic communication system and any telecommunications,
wire, computer or radio communications device or system.
"Minor." An individual under 18 years of age.
CREDIT(S)
1997, Dec. 19, P.L. 616, No. 62, s 1, imd. effective. Amended 2002, Nov. 20, P.L.
1104, No. 134, s 1, effective in 60 days; 2002, Dec. 9, P.L. 1391, No. 172, s 3,
effective in 60 days; 2006, Nov. 29, P.L. 1567, No. 178, s 3, effective Jan. 1,
2007.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6319
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6319. Solicitation of minors to traffic drugs
(a) Offense defined.--A person 18 years of age or older commits a felony of the
second degree if he solicits a person who is less than 18 years of age to engage
in a violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.
233, No. 64), [FN1] known as The Controlled Substance, Drug, Device and Cosmetic
Act, or delivers or conspires to deliver a controlled substance to such a person,
intending, knowing or having reason to know that the person intends to engage in
such a violation with the controlled substance.
(b) Drug-free school zone.--A person violating subsection (a) commits a felony of
the first degree if he intends, knows or has reason to know that the person under
18 years of age intends to violate section 13(a)(14) or (30) of The Controlled
Substance, Drug, Device and Cosmetic Act in a drug-free school zone.
Definition.--As used in this section, the term "drug-free school zone" means
the area within 1,000 feet of the real property on which is located a public,
private or parochial school or a college or university. The term also includes a
school bus or the area within 500 feet of a school bus stop.
CREDIT(S)
1998, March 24, P.L. 228, No. 40, s 1, effective in 60 days.
[FN1] 35 P.S. s 780-113(a)(14) or (30).
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6320
Effective: July 10, 2000
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6320. Sexual exploitation of children
(a) Offense defined.--A person commits the offense of sexual exploitation of
children if he procures for another person a child under 18 years of age for the
purpose of sexual exploitation.
(b) Penalty.--An offense under this section is a felony of the second degree.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Procure." To obtain or make available for sexual exploitation.
"Sexual exploitation." Actual or simulated sexual activity or nudity arranged for
the purpose of sexual stimulation or gratification of any person.
CREDIT(S)
2000, May 10, P.L. 41, No. 14, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6321
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 63. Minors (Refs & Annos)
>>>> s 6321. Transmission of sexually explicit images by minor
(a) Summary offense.--Except as provided in section 6312 (relating to sexual abuse
of children), a minor commits a summary offense when the minor:
(1) Knowingly transmits, distributes, publishes or disseminates an electronic
communication containing a sexually explicit image of himself.
(2) Knowingly possesses or knowingly views a sexually explicit image of a minor
who is 12 years of age or older.
(b) Misdemeanor of the third degree.--Except as provided in section 6312, a minor
commits a misdemeanor of the third degree when the minor knowingly transmits,
distributes, publishes or disseminates an electronic communication containing a
sexually explicit image of another minor who is 12 years of age or older.
Misdemeanor of the second degree.--Except as provided in section 6312, a minor
commits a misdemeanor of the second degree when, with the intent to coerce,
intimidate, torment, harass or otherwise cause emotional distress to another
minor, the minor:
(1) makes a visual depiction of any minor in a state of nudity without the
knowledge and consent of the depicted minor; or
(2) transmits, distributes, publishes or disseminates a visual depiction of any
minor in a state of nudity without the knowledge and consent of the depicted
minor.
(d) Application of section.--This section shall not apply to the following:
(1) Conduct that involves images that depict sexual intercourse, deviate sexual
intercourse or penetration, however slight, of the genitals or anus of a minor,
masturbation, sadism, masochism or bestiality.
(2) Conduct that involves a sexually explicit image of a minor if the image was
taken, made, used or intended to be used for or in furtherance of a commercial
purpose.
(e) Forfeiture.--Any electronic communication device used in violation of this
section shall be subject to forfeiture to the Commonwealth, and no property right
shall exist in it.
(f) Diversionary program.--The magisterial district judge or any judicial
authority with jurisdiction over the violation shall give first consideration to
referring a person charged with a violation of subsection (a) to a diversionary
program under 42 Pa.C.S. s 1520 (relating to adjudication alternative program) and
the Pennsylvania Rules of Criminal Procedure. As part of the diversionary
program, the magisterial district judge or any judicial authority with
jurisdiction over the violation may order the person to participate in an
educational program which includes the legal and nonlegal consequences of sharing
sexually explicit images. If the person successfully completes the diversionary
program, the person's records of the charge of violating subsection (a) shall be
expunged as provided for under Pa.R.C.P. No. 320 (relating to expungement upon
successful completion of ARD program).
(g) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection unless the context clearly
indicates otherwise:
"Disseminate." To cause or make an electronic or actual communication from one
person, place or electronic communication device to two or more other persons,
places or electronic communication devices.
"Distribute." To deliver or pass out.
"Electronic communication." As defined in section 5702 (relating to definitions).
"Knowingly possesses." The deliberate, purposeful, voluntary possession of a
sexually explicit image of another minor who is 12 years of age or older. The
term shall not include the accidental or inadvertent possession of such an image.
"Knowingly views." The deliberate, purposeful, voluntary viewing of a sexually
explicit image of another minor who is 12 years of age or older. The term shall
not include the accidental or inadvertent viewing of such an image.
"Minor." An individual under 18 years of age.
"Nudity." The showing of the human male or female genitals, pubic area or
buttocks with less than a fully opaque covering, the showing of the female breast
with less than a fully opaque covering of any portion thereof below the top of the
nipple or the depiction of covered male genitals in a discernibly turgid state.
"Publish." To issue for distribution.
"Sexually explicit image." A lewd or lascivious visual depiction of a minor's
genitals, pubic area, breast or buttocks or nudity, if such nudity is depicted for
the purpose of sexual stimulation or gratification of any person who might view
such nudity.
"Transmit." To cause or make an electronic communication from one person, place
or electronic communication device to only one other person, place or electronic
communication device.
"Visual depiction." A representation by picture, including, but not limited to, a
photograph, videotape, film or computer image.
CREDIT(S)
2012, Oct. 25, P.L. 1623, No. 198, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 65, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 65. Nuisances
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6501
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 65. Nuisances (Refs & Annos)
>>>> s 6501. Scattering rubbish
(a) Offense defined.--A person is guilty of an offense if he:
(1) causes any waste paper, sweepings, ashes, household waste, glass, metal,
refuse or rubbish, or any dangerous or detrimental substance to be deposited
into or upon any road, street, highway, alley or railroad right-of-way, or upon
the land of another or into the waters of this Commonwealth;
(2) interferes with, scatters, or disturbs the contents of any receptacle
containing ashes, garbage, household waste, or rubbish; or
(3) is the owner or operator, or an agent of either, of a trash, garbage or
debris collection vehicle, including private automobiles and small trucks, or
any other type of vehicles used to collect or transport trash, garbage or
debris, who knowingly causes to be deposited or deposits the vehicle's load or
any part thereof upon any road, street, highway, alley or railroad right-of-way,
or upon the land of another or into the waters of this Commonwealth.
(b) Penalty.--
(1) A person who violates subsection (a)(1) or (2) is guilty of a summary
offense for the first offense and upon conviction thereof shall be sentenced to
pay a fine of not less than $50 nor more than $300 or to imprisonment for not
more than 90 days, or both.
(2) A person who violates subsection (a)(1) or (2) is guilty of a misdemeanor of
the third degree for the second and subsequent offense and upon conviction
thereof shall be sentenced to pay a fine of not less than $300 nor more than
$1,000. The person also may be sentenced to imprisonment or to performing a
community service for a period not to exceed one year.
(3) A person who violates subsection (a)(3) is guilty of a misdemeanor of the
second degree for the first offense and upon conviction thereof shall be
sentenced to pay a fine of not less than $500 nor more than $5,000. The person
also may be sentenced to imprisonment or to performing a community service for a
period not to exceed two years.
(4) A person who violates subsection (a)(3) is guilty of a misdemeanor of the
first degree for the second or subsequent offense and upon conviction thereof
shall be sentenced to pay a fine of not less than $1,000 nor more than $10,000.
The person also may be sentenced to imprisonment or to performing a community
service for a period not to exceed five years.
(5) Any vehicle, equipment or conveyance, including any private automobile and
small truck, used for the transportation or disposal of trash, garbage or debris
in the commission of a second or subsequent offense under subsection (a)(3) may
be deemed contraband and forfeited in accordance with the provisions set forth
in this section.
Arrest powers.--A police officer shall have the same right of arrest without a
warrant as in a felony whenever the officer has probable cause to believe the
defendant has violated subsection (a)(3), although the offense did not take place
in the officer's presence. A police officer may not make a warrantless arrest
pursuant to this section without first observing recent evidence of a subsection
(a)(3) offense or other corroborative evidence.
(d) Forfeiture.--
(1) Property subject to forfeiture under this section may be seized by the law
enforcement authority upon process issued by any court of common pleas having
jurisdiction over the property.
(2) Property taken or detained under this section shall not be subject to
replevin but is deemed to be in the custody of the law enforcement authority
subject only to the orders and decrees of the court of common pleas having
jurisdiction over the forfeiture proceedings and of the district attorney. When
property is seized under this section, the law enforcement authority shall place
the property under seal and either:
(i) remove the property to a place designated by it; or
(ii) require that the district attorney take custody of the property and remove
it to an appropriate location for disposition in accordance with law.
(3) Whenever property is forfeited under this section, the property shall be
transferred to the custody of the municipal corporation. The municipal
corporation shall sell any forfeited property, but the proceeds from any such
sale shall be used to pay all proper expenses of the proceedings for forfeiture
and sale, including expenses of seizure, maintenance of custody, advertising and
court costs. The balance of the proceeds shall be used for the enforcement of
this act.
(4) The proceedings for the forfeiture or condemnation of property, the sale of
which is provided for in this section, shall be in rem, in which the
Commonwealth shall be the plaintiff and the property the defendant. A petition
shall be filed in the court of common pleas of the judicial district where the
property is located, verified by oath or affirmation of an officer or citizen,
containing the following:
(i) A description of the property seized.
(ii) A statement of the time and place where seized.
(iii) The owner, if known.
(iv) The person or persons in possession, if known.
(v) An allegation that the property is subject to forfeiture pursuant to this
subsection and an averment of material facts upon which the forfeiture action
is based.
(vi) A prayer for an order of forfeiture that the property be adjudged
forfeited to the Commonwealth and condemned and be ordered sold according to
law, unless cause be shown to the contrary.
(5) A copy of the petition required under paragraph (4) shall be served
personally or by certified mail on the owner or upon the person or persons in
possession at the time of the seizure. The copy shall have endorsed a notice,
as follows:
To the Claimant of within Described Property:
You are required to file an answer to this petition, setting forth your title
in, and right to possession of, the property within 30 days from the service
hereof, and you are also notified that, if you fail to file the answer, a
decree of forfeiture and condemnation will be entered against the property.
The notice shall be signed by the district attorney, deputy district attorney or
assistant district attorney.
(6) If the owner of the property is unknown or there was no person in possession
of the property when seized or if the owner or such person or persons in
possession at the time of the seizure cannot be personally served or located
within the jurisdiction of the court, notice of the petition shall be given by
the Commonwealth through an advertisement in only one newspaper of general
circulation published in the county where the property shall have been seized,
once a week for two successive weeks. No other advertisement of any sort shall
be necessary, any other law to the contrary notwithstanding. The notice shall
contain a statement of the seizure of the property with a description of the
property and the place and date of seizure and shall direct any claimants to the
property to file a claim on or before a date given in the notice, which date
shall not be less than 30 days from the date of the first publication. If no
claims are filed within 30 days of publication, the property shall summarily
forfeit to the Commonwealth.
(7) For purposes of this section, the owner or other such person cannot be found
in the jurisdiction of the court if:
(i) a copy of the petition is mailed to the last known address by certified
mail and is returned without delivery;
(ii) personal service is attempted once but cannot be made at the last known
address; and
(iii) a copy of the petition is left at the last known address.
(8) The notice provisions of this section are automatically waived when the
owner, without good cause, fails to appear in court in response to a subpoena on
the underlying criminal charges. Forty-five days after such a failure to
appear, if good cause has not been demonstrated, the property shall summarily
forfeit to the Commonwealth.
(9) Upon the filing of a claim for the property setting forth a right of
possession, the case shall be deemed at issue and a time shall be fixed for the
hearing.
(10) At the time of the hearing, if the Commonwealth produces evidence that the
property in question was unlawfully used, possessed or otherwise subject to
forfeiture under this section, the burden shall be upon the claimant to show:
(i) That the claimant is the owner of the property or the holder of a chattel
mortgage or contract of conditional sale thereon.
(ii) That the claimant lawfully acquired the property.
(iii) That it was not unlawfully used or possessed by him. In the event that
it shall appear that the property was unlawfully used or possessed by a person
other than the claimant, then the claimant shall show that the unlawful use or
possession was without his knowledge or consent. Such absence of knowledge or
consent must be reasonable under the circumstances presented.
(11) If a person claiming the ownership of or right of possession to or claiming
to be the holder of a chattel mortgage or contract of conditional sale upon the
property, the disposition of which is provided for in this section, prior to the
sale presents a petition to the court alleging over the property lawful
ownership, right of possession, a lien or reservation of title and if, upon
public hearing, due notice of which having been given to the district attorney,
the claimant shall prove by competent evidence to the satisfaction of the court
that the property was lawfully acquired, possessed and used by him or, it
appearing that the property was unlawfully used by a person other than the
claimant, that the unlawful use was without the claimant's knowledge or consent,
then the court may order the property returned or delivered to the claimant.
Such absence of knowledge or consent must be reasonable under the circumstances
presented. Otherwise, it shall be retained for official use or sold in
accordance with paragraph (4).
(e) Responsibility for costs.--The operator, owner or agent of any vehicle,
equipment or conveyance, including private automobiles and small trucks, forfeited
under this section shall be responsible for any costs incurred in properly
disposing of waste in the vehicle, equipment or conveyance.
(f) Exception.--Subsection (a)(3) does not apply to the lawful depositing of waste
at any site regulated by the Department of Environmental Resources.
(g) Other available rights and remedies.--The proceedings specified in this
section shall not, in any way, limit the right of the Commonwealth to exercise any
rights or remedies otherwise provided by law.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1974,
March 22, P.L. 207, No. 42, s 1; 1988, March 25, P.L. 262, No. 31, s 12, imd.
effective; 1990, May 31, P.L. 219, No. 47, s 2, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6502
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 65. Nuisances (Refs & Annos)
>>>> s 6502. Refrigerators and iceboxes
(a) Offense defined.--A person is guilty of a summary offense if he discards or
abandons in any place accessible to children any refrigerator or icebox having a
capacity of 1.5 cubic feet or more with an attached lid or door, or being the
owner, lessee or manager of any place accessible to children knowingly permits an
abandoned or discarded refrigerator, icebox or chest to remain there with an
attached lid or door.
(b) Effect of violation.--A violation of this section shall not in itself render a
person guilty of manslaughter, assault or other crime against a person who may
suffer death or injury from entrapment in an icebox or refrigerator.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6503
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 65. Nuisances (Refs & Annos)
>>>> s 6503. Posting advertisements on property of another
(a) Offense defined.--A person is guilty of a summary offense if he pastes,
paints, brands or stamps or in any manner whatsoever places upon or attaches to
any building, fence, bridge, gate, outbuilding or other object, upon the grounds
of any charitable, educational or penal institution of the Commonwealth, or upon
any property belonging to the Commonwealth government, any political subdivision,
or municipal or local authority, any written, printed, painted or other
advertisement, bill, notice, sign or poster, or pastes, paints, brands, stamps or
in any manner whatsoever places upon, or attaches to any building, fence, bridge,
gate, outbuilding or property of another, whether within or without the limits of
a highway, any written, printed, painted or other advertisement, bill, notice,
sign, card or poster, without first having obtained the written consent of the
owner, or tenant lawfully in possession or occupancy thereof.
(b) Exception.--Subsection (a) of this section shall not prevent the posting or
placing of any notice required by law or order of court, nor to prevent the
posting or placing of any notice particularly concerning or pertaining to premises
upon which the same is so posted or placed.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6504
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 65. Nuisances (Refs & Annos)
>>>> s 6504. Public nuisances
Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to
be erected, set up, established, maintained, kept or continued, any public or
common nuisance is guilty of a misdemeanor of the second degree. Where the
nuisance is in existence at the time of the conviction and sentence, the court, in
its discretion, may direct either the defendant or the sheriff of the county at
the expense of the defendant to abate the same.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6505
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 65. Nuisances (Refs & Annos)
>>>> s 6505. Discarding television sets and tubes
(a) Offense defined.--A person is guilty of a summary offense if he discards or
abandons in any place accessible to the public any television picture tube or
television set containing any picture tube which has not been neutralized to
eliminate the danger of implosion, or if the owner, lessee, manager or person in
possession of any place accessible to the public knowingly permits an abandoned or
discarded television picture tube or a set containing such a tube to remain in
such place without the tube having been neutralized to eliminate the danger of
implosion.
(b) Other responsibility.--A violation of this section shall not in itself render
a person guilty of manslaughter, assault or other crime against a person who may
suffer death or injury from implosion of a television picture tube.
CREDIT(S)
1976, June 4, P.L. 153, No. 74, s 1.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 67, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6701
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6701. Wearing of uniforms and insignia
A person is guilty of a summary offense if, without authority, he:
(1) wears or displays the uniform, decoration, insignia or other distinctive
emblem of any branch of the armed forces of the United States or of any of the
several states, or of any association, for the purpose of obtaining aid or
profit, or while soliciting contributions or subscriptions; or
(2) wears an honorable discharge button issued or authorized by the United
States.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6702
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6702. Sale of veterans' flowers
A person is guilty of a summary offense if, without authority, he sells, or offers
for sale, the labeled artificial flowers, or any imitation thereof, of any bona
fide war veterans' organization, or affiliate thereof.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6703
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6703. Dealing in military decorations
A person is guilty of a misdemeanor of the third degree if, without authority, he
purchases, sells, or offers for sale, or accepts as a pledge or pawn, any medal,
insignia or decoration granted by the United States for service in the armed
forces.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6704
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6704. Fraud on association having grand lodge
A person is guilty of a summary offense if, without the authority of the grand
lodge described in this section, he:
(1) fraudulently uses, in any manner, the name or title of any secret fraternal
association, which has had a grand lodge having jurisdiction in this
Commonwealth for at least ten years;
(2) imitates such name or title with intent to deceive;
(3) wears or uses any insignia of such association with intent to deceive;
(4) publishes or distributes, in any manner, any written or printed matter
soliciting applications for membership in such secret fraternal association, or
any alleged association claiming to be known by such title, or by a title in
imitation or resemblance of such title; or
(5) sells or gives or offers to sell or give any information as to how any
alleged degree, secret work or secret of such fraternal association or of any
alleged association, claiming to be known by such title, or by a title in
imitation or resemblance of such title may be obtained.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6705
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> ss 6705, 6706. Repealed. 1987, July 9, P.L. 215, No. 37, s 1,
effective in 90 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6706
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> ss 6705, 6706. Repealed. 1987, July 9, P.L. 215, No. 37, s 1,
effective in 90 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6707
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6707. False registration of domestic animals
A person is guilty of a misdemeanor of the third degree if he, by any false
pretense, obtains from any club, association, society or company for improving the
breed of domestic animals the registration or transfer of registration, of any
animal in its herd, or other register, or knowingly gives a false pedigree of any
animal.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6708
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6708. Retention of library property after notice to return
(a) Offense defined.--A person is guilty of a summary offense if he retains any
book, pamphlet, magazine, newspaper, manuscript, map or other property belonging
in, or to, or on deposit with, any library open to the public or any part thereof,
for a period exceeding 30 days after such library has given written notice to
return the same.
(b) Disposition of fine.--Any fine imposed under this section shall be paid over
by the magistrate imposing such fine to the library instituting the prosecution,
and costs of prosecution.
Form of notice.--Such notice may be given by personal service upon the
borrower, or by the mailing of a registered or certified letter to the address of
the borrower on file with said library. The notice shall recite this section, and
shall contain a demand that the property be returned.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6709
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6709. Use of union labels
A person commits a misdemeanor of the third degree if, without the authority of
the labor union or unions interested, such person:
(1) uses any union label registered under Chapter 13 of Title 54 (relating to
insignia);
(2) uses any such union label on goods which are not the product of the members
of the union or unions owning such label; or
(3) sells or offers for sale any goods knowing that such goods bear a union
label whose use on such goods is not authorized by the union or unions owning
such label.
CREDIT(S)
1982, Dec. 16, P.L. 1309, No. 295, s 4, effective in 90 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6710
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6710. Unauthorized use of registered insignia
A person commits a summary offense if, without authority, such person knowingly
wears, exhibits, displays or uses, for any purpose, any insignia registered under
Chapter 13 of Title 54 (relating to insignia).
CREDIT(S)
1982, Dec. 16, P.L. 1309, No. 295, s 4, effective in 90 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6711
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6711. Retention of military property after notice to return
(a) Offense defined.--A person who fails to return any military property,
equipment, identification papers or other items belonging to the armed forces of
the United States, any reserve component, element or component thereof, or the
Pennsylvania military forces, after having been given proper notice to return the
property or equipment, commits a summary offense.
(b) Form of notice.--Notice to return military property, equipment, identification
papers or other items to the armed forces of the United States, any reserve
component, element or component thereof, or the Pennsylvania military forces, may
be given by personal notice upon the person in possession of the property or by
mailing a registered or certified letter to the person's last known address. The
notice shall recite this section and contain a demand that the property be
returned or, if it has been lost or destroyed, that restitution be paid as
provided in subsection .
Restitution to avoid prosecution.--A person may avoid prosecution under this
section by returning the property or making restitution to the responsible
official of the armed forces of the United States or the Pennsylvania military
forces, as applicable, prior to the date of the hearing before the magisterial
district judge, municipal court judge or other official authorized to conduct the
hearing.
CREDIT(S)
1986, Dec. 11, P.L. 1517, No. 164, s 2, effective in 60 days. Amended 2004, Nov.
30, P.L. 1618, No. 207, s 4, effective Jan. 31, 2005.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6712
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 67. Proprietary and Official Rights (Refs & Annos)
>>>> s 6712. Use of carts, cases, trays, baskets, boxes and other
containers
(a) General rule.--A person owning shopping carts, laundry carts or containers may
adopt and use a name or mark on the carts or containers and may register the same
pursuant to 54 Pa.C.S. Ch. 15 (relating to reusable marked articles and
receptacles).
(b) Prohibited uses of containers.--A person may not do any of the following:
(1) Use for any purpose, when not on the premises of the owner or an adjacent
parking area, a container of another which is identified with or by any name or
mark unless the use is authorized by the owner.
(2) Sell, or offer for sale, a container of another which is identified with or
by a name or mark unless the sale is authorized by the owner.
(3) Deface, obliterate, destroy, cover up or otherwise remove or conceal a name
or mark on a container of another without the written consent of the owner.
Presumption of possession.--Any person who is in possession of any shopping
cart, laundry cart or container which has a name or mark and is not on the
premises of the owner or an adjacent parking area shall be presumed to be in
possession of stolen property.
(d) Transportation of containers; bill of lading.--It shall be unlawful for any
common carrier or private carrier for hire, except those engaged in the
transporting of dairy products, eggs and poultry to and from farms where they are
produced, to receive or transport any container marked with a name or mark unless
the carrier has in his possession a bill of lading or invoice therefor.
(e) Unlawful removal of containers.--It is a violation of this section for any
person to remove a container from the premises, parking area or any other area of
any processor, distributor or retail establishment, or from any delivery vehicle,
unless legally authorized to do so, if:
(1) The container is marked on at least one side with a name or mark.
(2) A notice to the public, warning that use by any person other than the owner
is punishable by law, is visibly displayed on the container.
(f) Illegal use of shopping carts and laundry carts.--It is a violation of this
section:
(1) To remove any shopping cart or laundry cart from the premises or parking
area of a retail establishment with intent to temporarily or permanently deprive
the owner of the cart, or the retailer, of possession of the cart.
(2) To remove a shopping cart or laundry cart, without written authorization
from the owner of the cart, from the premises or parking area of any retail
establishment.
(3) To possess, without the written permission of the owner or retailer in
lawful possession thereof, any shopping cart or laundry cart off the premises or
parking lot of the retailer whose name or mark appears thereon.
(4) To remove, obliterate or alter any serial number, name or mark affixed to a
shopping cart or laundry cart.
(g) Deposits.--The requiring, taking or accepting of any deposit, upon delivery of
a container, shopping cart or laundry cart, shall not be deemed a sale thereof,
optional or otherwise.
(h) Penalty.--A person who violates this section commits a summary offense and
shall, upon conviction, be sentenced to pay a fine not exceeding $300 or to
imprisonment for not more than 90 days. Each violation shall constitute a
separate offense.
(i) Scope of section.--This section shall not apply to the owner of a shopping
cart, laundry cart or container, or to a customer or any other person who has
written consent from the owner of a shopping cart, laundry cart or container, or
from a retailer, in lawful possession thereof, to remove it from the premises or
the parking area of the retail establishment. For the purposes of this section,
the term "written consent" includes tokens and other indicia of consent which may
be established by the owner of the carts or the retailer.
(j) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Bakery basket." A wire or plastic container which holds bread or other baked
goods and is used by a distributor or retailer, or his agent, as a means to
transport, store or carry bakery products.
"Bakery tray." A wire or plastic container which holds bread or other baked goods
and is used by a distributor or retailer, or his agent, as a means to transport,
store or carry bakery products.
"Container." A bakery basket, bakery tray, dairy case, egg basket, poultry box or
any other container used to transport, store or carry any product.
"Dairy case." A wire or plastic container which holds 16 quarts or more of
beverage and is used by distributors or retailers, or their agents, as a means to
transport, store or carry dairy products.
"Egg basket." Any permanent type of container which contains four dozen or more
shell eggs and is used by distributors or retailers, or their agents, as a means
to transport, store or carry eggs.
"Laundry cart." A basket which is mounted on wheels and used in a coin-operated
laundry or drycleaning establishment by a customer or an attendant for the purpose
of transporting laundry and laundry supplies.
"Name" or "mark." Any permanently affixed or permanently stamped name or mark
which is used for the purpose of identifying the owner of shopping carts, laundry
carts, dairy cases, egg baskets, poultry boxes, bakery trays or bakery boxes.
"Parking area." A lot or other property provided by a retail establishment for
the use of customers to park automobiles or other vehicles while doing business in
that establishment.
"Poultry box." Any permanent type of container which is used by processors,
distributors, retailers or food service establishments, or their agents, as a
means to transport, store or carry poultry.
"Shopping cart." A basket which is mounted on wheels, or a similar device,
generally used in a retail establishment by a customer for the purpose of
transporting goods of any kind.
CREDIT(S)
1987, July 9, P.L. 215, No. 37, s 2, effective in 90 days.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 69, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6901
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6901. Extension of water line
A person is guilty of a misdemeanor of the third degree if he, without first
securing a permit from the water company or municipality or municipal authority
supplying such person with water, shall convey, or permit or procure another to
convey, any part of such water by means of pipe, hose or other conduit to any
building, residence or structure beyond the limits of the tract occupied by such
person.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6902
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6902. Willful obstruction of emergency telephone calls
(a) Offense defined.--A person is guilty of a summary offense if he willfully
refuses to relinquish immediately a party line when informed that the line is
needed for an emergency call to a fire department or police department or for
medical aid or ambulance service, or if he secures the use of a party line by
falsely stating that the line is needed for an emergency call.
(b) Notice to public.--Every telephone directory distributed to the members of the
general public in this Commonwealth, or in any portion thereof, which lists the
calling numbers of telephones of any telephone exchange located in this
Commonwealth, shall contain a notice which explains the offense provided for in
this section. The notice shall be printed in type which is not smaller than the
smallest other type on the same page, and to be preceded by the word "warning"
printed in type at least as large as the largest type on the same page. The
provisions of this subsection shall not apply to those directories distributed
solely for business advertising purposes commonly known as classified directories.
Any person, providing telephone service which distributes, or causes to be
distributed, in this Commonwealth copies of a telephone directory violating the
provisions of this subsection, shall be guilty of a summary offense.
Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Emergency." A situation in which property or human life are in jeopardy and the
prompt summoning of aid is essential.
"Party line." A subscriber's line telephone circuit, consisting of two or more
main telephone stations connected therewith each station with a distinctive ring
or telephone number.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6903
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6903. Railroad employee abandoning train
A person is guilty of a summary offense if he, being a locomotive engineer or
other railroad employee engaged in any strike, or with a view to incite others to
such strike or in furtherance of any combination or preconcerted arrangement with
any other person to bring about a strike, abandons the locomotive engine in his
charge, when attached either to a passenger or freight train, at any place other
than the scheduled or otherwise appointed destination of such train, or refuses or
neglects to continue to discharge his duty, or to proceed with said train to the
place of destination.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6904
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6904. Interfering with railroad employee
A person is guilty of a summary offense if he, in aid or furtherance of the
objects of any strike upon any railroad, interferes with, molests or obstructs any
locomotive engineer or other railroad employee engaged in the discharge and
performance of his duty as such.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6905
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6905. Nails and other hard substances attached to utility poles
(a) Offense defined.--A person is guilty of a summary offense if he drives a nail
or tack or attaches any metal or hard substance to or into any pole of any public
utility pole line.
(b) Exceptions.--Subsection (a) of this section does not apply to:
(1) the public utility or its licensee using the poles from affixing its metal
or other markers or from otherwise using the poles in its public service; or
(2) the erecting of [FN1] traffic signs and other signs similar thereto by a
municipality when authorized by statute or by the owner of such poles.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
[FN1] "of" omitted in original.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6906
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6906. Erection of crossing signboards
(a) Offense defined.--A person is guilty of a summary offense if he erects or
maintains any device or sign in the form of railway-crossing signboards on or near
any of the public highways of this Commonwealth, or if he permits such a device or
sign to remain on or near the public highways of this Commonwealth, unless such
sign or device is erected under a permit from the Department of Transportation,
which shall approve the location, construction, and design of such sign or device.
(b) Exception.--The provisions of subsection (a) of this section shall not apply
to crossing signboards erected or maintained by any railroad or railway company.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6907
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6907. Obstructing public crossings
<This section is preempted by the Federal Rail Safety Act, 49 U.S.C.A. s
20101 et seq. See Krentz v. Consolidated Rail Corp., 589 Pa. 576, 910 A.2d
20 (2006).>
It shall be a summary offense for any railroad to obstruct or block up the passage
of any crossings of a highway, or obstruct such crossings, with its rolling stock.
If any engineer, or any member of the train crew, or other agent of any such
railroad, shall obstruct or block up such crossings, he shall be guilty of a
summary offense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6908
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6908. Obstructing private crossings
It shall be a summary offense for any railroad to continue to obstruct or block up
the passage of any private crossing, wherever any private road or crossing-place
may be necessary to enable the occupant or occupants of land or farms to pass over
the railroad with livestock, wagons and implements of husbandry, after the
railroad shall have received at least 15 minutes verbal notice to remove its
rolling stock, or other obstructions from any such private road or crossing-place.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6909
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6909. Lights obstructing view of signals
It shall be a summary offense to locate, maintain, or allow to remain, any light
in such a place or manner that such light interferes with the view of any railroad
signal to an extent which causes danger in the operation of trains.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 6910
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 69. Public Utilities (Refs & Annos)
>>>> s 6910. Unauthorized sale or transfer of tickets
(a) Sale of tickets.--A person, not possessed of authority, is guilty of a
misdemeanor of the third degree if he sells, barters, or transfers, for any
consideration whatever, the whole or any part of any ticket or tickets, passes, or
other evidences of the title of the holder to travel on any public conveyance,
whether the same be situated, operated, or owned within or without the limits of
this Commonwealth.
(b) Disposition by passenger.--Every person, being a passenger for hire, to whom
has been issued a nontransferable ticket valid in full or part payment of fare for
passage upon any public conveyance operated upon the same or any other line or
route, or any person into whose possession any such ticket may come, who shall
sell, barter, give away, or otherwise transfer the same, and every person who
shall offer for passage any such ticket which was not issued to any person so
offering it, is guilty of a summary offense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 71, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7101
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements (Refs & Annos)
>>>> s 7101. Fraudulent entry of horses in race
A person is guilty of a summary offense if he enters or causes to be entered for
competition, or competes for any purse, prize, premium, stake or sweepstake,
offered or given by any agricultural or other society, association, or person, any
horse, mare or gelding, colt or filly, under an assumed name, or out of its proper
class, when such prize, purse, premium, stake or sweepstake is to be decided by a
contest, in running, trotting or pacing races.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7102
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements (Refs & Annos)
>>>> s 7102. Administering drugs to race horses
A person is guilty of a misdemeanor of the first degree if he administers drugs or
stimulants with the intent to affect the speed of horses in races where there is a
monetary award offered.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements (Refs & Annos)
>>>> s 7103. Horse racing
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he races, runs, paces or trots any horse, mare or gelding for money, goods or
other valuable things, or contributes or collects any money, goods or valuable
things to make up a purse therefor, or prints or causes to be printed, sets up or
causes to be set up any advertisement mentioning the time and place for the
running, pacing or trotting of any horses, mares or geldings, or knowingly suffers
any such advertisement to be attached to his property or to remain on his
property.
(b) Wagers void.--All wagers and bets laid on any such race shall be null and
void, and money, goods and valuable things lost on any such race, or the value
thereof, may be recovered from the winner by action of assumpsit.
Exceptions.--Nothing contained in this section shall be construed as applying
to racing at exhibitions of agricultural societies and associations, nor to trials
of speed in any incorporated driving park, nor to races given by regularly
incorporated trotting or thoroughbred racing associations, nor to races conducted
pursuant to other applicable provisions of law.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements (Refs & Annos)
>>>> s 7104. Fortune telling
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he pretends for gain or lucre, to tell fortunes or predict future events, by
cards, tokens, the inspection of the head or hands of any person, or by the age of
anyone, or by consulting the movements of the heavenly bodies, or in any other
manner, or for gain or lucre, pretends to effect any purpose by spells, charms,
necromancy, or incantation, or advises the taking or administering of what are
commonly called love powders or potions, or prepares the same to be taken or
administered, or publishes by card, circular, sign, newspaper or other means that
he can predict future events, or for gain or lucre, pretends to enable anyone to
get or to recover stolen property, or to tell where lost property is, or to stop
bad luck, or to give good luck, or to put bad luck on a person or animal, or to
stop or injure the business or health of a person or shorten his life, or to give
success in business, enterprise, speculation, and games of chance, or to win the
affection of a person, or to make one person marry another, or to induce a person
to make or alter a will, or to tell where money or other property is hidden, or to
tell where to dig for treasure, or to make a person to dispose of property in
favor of another.
(b) Advertising as evidence.--Any publication contrary to this section may be
given in evidence to sustain the indictment.
Competency of witnesses.--Any person whose fortune may have been told shall be
a competent witness against the person charged with violating this section.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7105
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements (Refs & Annos)
>>>> s 7105. Pool and billiard rooms
A person is guilty of a summary offense if he, being a licensed keeper,
proprietor, owner or superintendent of any public poolroom or billiard room except
as otherwise provided in this section for cities of the first class, permits such
place to remain open on Sunday or between the hours of one o'clock antemeridian
and six o'clock antemeridian of any secular day, or knowingly allows or permits
any person under the age of 18 years to be present in any public poolroom or
billiard room, or if he, being a licensed keeper, proprietor, owner or
superintendent of any public poolroom or billiard room having at least six tables,
in a city of the first class, permits such place to remain open on Sunday, except
between the hours of one o'clock postmeridian and ten o'clock postmeridian, or
knowingly allows or permits any person under the age of 16 years to be present in
any such public poolroom or billiard room.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7106
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements (Refs & Annos)
>>>> s 7106. Theater operators to require proof of age
Every person who operates a motion picture theater, when showing a motion picture
rated as being suitable for viewing for adults only, shall not sell to a minor
under 16 years of age an admission ticket or pass, or shall not admit such minor
for a monetary consideration to the theater wherein the motion picture is
exhibited, unless such minor is accompanied by his parent. Whoever violates the
provisions of this section is guilty of a summary offense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7107
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 71. Sports and Amusements (Refs & Annos)
>>>> s 7107. Unlawful actions by athlete agents
(a) Offense defined.--An athlete agent shall not do any of the following:
(1) Enter into an oral or written agent contract or professional sport services
contract with a student athlete before the student athlete's eligibility for
collegiate athletics expires.
(2) Give, offer or promise anything of value to a student athlete, to his parent
or guardian or to any member of the student athlete's immediate family before
the student athlete's eligibility for collegiate athletics expires.
(3) Enter into an oral or written agreement whereby the athlete agent gives,
offers or promises anything of value to an employee of an institution of higher
education in return for the referral of a student athlete by that employee.
(b) Penalty.--An athlete agent who violates subsection (a) commits a misdemeanor
of the first degree and shall, upon conviction, be sentenced to pay a fine of not
more than $10,000 or an amount equal to three times the amount given, offered or
promised as an inducement as described in subsection (a)(2) or three times the
value of the agreement entered into as described in subsection (a)(3), whichever
is greater, or imprisonment for not more than one year, or both.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Agent contract." Any contract or agreement pursuant to which a person authorizes
or empowers an athlete agent to negotiate or solicit on behalf of the person with
one or more professional sport teams for the employment of the person by a
professional sport team or to negotiate or solicit on behalf of the person for the
employment of the person as a professional athlete.
"Athlete agent." A person who, directly or indirectly, recruits or solicits a
person to enter into an agent contract or professional sport services contract, or
who procures, offers, promises or attempts to obtain employment for a person with
a professional sport team or as a professional athlete.
"Institution of higher education." A public or private college or university,
including a community college.
"Person." An individual, sole proprietorship, partnership, association,
corporation or other legal entity.
"Professional sport services contract." A contract or agreement pursuant to which
a person is employed or agrees to render services as a player on a professional
sport team or as a professional athlete.
"Student athlete." A student enrolled in an institution of higher education who,
while a student at the institution in which enrolled, is eligible to participate
in any intercollegiate sporting event or contest in a particular sport and may
have athletic eligibility remaining in that particular sport.
"Value." Anything of value shall be any payment, loan, gift, good, service,
expense of any kind or the promise of any of these for the future, regardless of
the monetary worth of any of these items.
CREDIT(S)
1988, Dec. 21, P.L. 1896, No. 187, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 73,
Subch. A, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7301
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7301. Distribution of samples of medicine, dyes, etc.
(a) Offense defined.--A person is guilty of a summary offense if he distributes or
deposits any package, parcel, or sample of any medicine, dye, ink, or polishing
compounds, in any form of preparation, upon the ground, sidewalks, porches, yards,
or into or under doors or windows so that children may get possession of or secure
the same.
(b) Exception.--Nothing contained in this section shall prohibit such distribution
to adult persons only.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7302
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7302. Sale and labeling of solidified alcohol
(a) Sale.--A person commits a misdemeanor of the second degree if he manufactures,
sells, or offers or exposes for sale, or has in his possession with intent to
distribute or sell, for use as a heating fuel any mixture or preparation of
solidified alcohol which contains more than 4% methyl or wood alcohol.
(b) Labeling.--A person commits a misdemeanor of the first degree if he
manufactures, sells, or offers or exposes for sale, or has in his possession with
intent to distribute or sell, any mixture or preparation of solidified alcohol
which does not have the methyl alcohol content or wood alcohol content permanently
embossed upon each individual container along with the manufacturer's name. In
addition, each individual container shall have a label warning against the
internal use of solidified alcohol including that it may cause blindness or death.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1983,
April 14, P.L. 1, No. 1, s 1, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7303
Effective: February 20, 2001
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7303. Sale or illegal use of certain solvents and noxious
substances
(a) Offense defined.--No person shall, for the purpose of causing a condition of
intoxication, inebriation, excitement, stupefaction, or the dulling of his brain
or nervous system, intentionally smell or inhale the fumes from any noxious
substance or substance containing a solvent having the property of releasing toxic
vapors or fumes.
(b) Exception.--Subsection (a) of this section shall not apply to the inhalation
of any anesthesia for medical or dental purposes.
Possession prohibited.--No person shall, for the purpose of violating
subsection (a) of this section, use, or possess for the purpose of so using, any
noxious substance or substance containing a solvent having the property of
releasing toxic vapors or fumes.
(d) Sale prohibited.--No person shall sell at retail, or offer to sell, to any
other person any tube or other container of any noxious substance or substance
containing a solvent having the property of releasing toxic vapors or fumes, if he
has reasonable cause to suspect that the product sold, or offered for sale, will
be used for the purpose set forth in subsection (a) of this section.
(e) Grading.--Any person who violates any provision of this section shall be
guilty of a misdemeanor of the third degree.
(f) Definition.--As used in this section, the phrase "any noxious substance or
substance containing a solvent having the property of releasing toxic vapors or
fumes" shall mean any substance containing one or more of the following chemical
compounds: acetone, acetate, benzene, butyl alcohol, cyclohexyl nitrite, ethyl
alcohol, ethylene dichloride, gaseous or liquid fluorocarbons, isopropyl alcohol,
methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum
ether, or toluene.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1997, Dec.
19, P.L. 616, No. 62, s 2, imd. effective; 2000, Dec. 20, P.L. 831, No. 116, s 3,
effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7304
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7304. Illegal sale or use of certain fire extinguishers
(a) Use prohibited.--It shall be unlawful for any building used for private,
public or parochial school purposes, or any bus being used for the transportation
of school children, to be equipped with or to have available for use a fire
extinguisher containing carbon tetrachloride, and any person having immediate
control over such buildings or buses, who permits them to be so equipped or to
have such fire extinguishers available for use therein, is guilty of a summary
offense.
(b) Sale prohibited.--Whoever sells any portable fire extinguisher containing
carbon tetrachloride, chlorobromomethane, or methyl bromide, knowing it is
intended for use in a single or multiple family dwelling or a hospital, rest-home,
school, theater or other building generally open to the public, is guilty of a
summary offense.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7305
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7305. Sale of gasoline in glass container
A person is guilty of a summary offense if he sells gasoline in a glass container.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7306
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7306. Incendiary devices
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if
he owns, manufactures, sells, transfers, uses or possesses any incendiary device
or similar device or parts thereof, including but not limited to a "molotov
cocktail."
(b) Exception.--The provisions of subsection (a) of this section shall not apply
to authorized personnel of the United States, the Commonwealth or any political
subdivision, who use incendiary devices as part of their duties.
Definition.--As used in this section the phrase "incendiary device" means any
inflammable liquid enclosed in a readily breakable container that can be equipped
with an igniter of any type.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7307
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7307. Out-of-state convict made goods
A person is guilty of a misdemeanor of the second degree if he sells or exchanges
on the open market any goods, wares or merchandise prepared, wholly or in part, or
manufactured by convicts or prisoners of other states, except convicts or
prisoners on parole or probation.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7308
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7308. Unlawful advertising of insurance business
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if
he publishes or prints in any newspaper, magazine, periodical, circular, letter,
pamphlet, or in any other manner, or publishes by radio or television
broadcasting, any advertisement or other notice, either directly or indirectly,
setting forth the advantages of, or soliciting business for, any insurance
company, association, society, exchange or person which has not been authorized to
do business in this Commonwealth, or accepts for publication or printing in any
newspaper, magazine or other periodical, or for radio or television broadcasting,
any advertisement or other notice, either directly or indirectly, setting forth
the advantages of or soliciting business for any insurance company, association,
exchange or person, unless such newspaper, magazine or other periodical, or the
radio or television broadcasting company has in its possession a true and attested
or photostatic copy of a certificate of authority from the Insurance Department to
the effect that the insurance company, association, society, exchange or person
named therein is authorized to do business in this Commonwealth.
(b) Issue of certificate.--Such certificates shall be issued by the Insurance
Department to any person applying therefor.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7309
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7309. Unlawful coercion in contracting insurance
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if
he, being engaged in the business of financing the purchase of real or personal
property or of lending money on the security of real or personal property,
requires, as a condition precedent to financing the purchase of such property, or
to lending money upon the security of a mortgage thereon, or as a condition
prerequisite for the renewal or extension of any such loan or mortgage, or for the
performance of any other act in connection therewith, that the person for whom
such purchase is to be financed, or to whom the money is to be loaned, or for whom
such extension, renewal or other act is to be granted or performed, shall
negotiate through a particular insurance company, agent or broker, any policy of
insurance or renewal thereof covering such property, or, with the exception of a
group creditor policy, any policy covering the life or health of such person.
(b) Exception.--This section shall not [FN1] prevent any person from approving or
disapproving the insurance company selected to underwrite such insurance.
Penalty.--A person other than individuals or the responsible officers, agents
or employees of a corporation, partnership or association, who commits an offense
under this section shall be sentenced to pay a fine not exceeding $1,000.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
[FN1] "not" omitted in original.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7310
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7310. Furnishing free insurance as inducement for purchases
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he, being a manufacturer, broker, wholesaler, retailer or agent of any
manufacturer, broker, wholesaler or retailer, offers any policy of insurance free
of cost as an inducement to any person to purchase any real or personal property.
(b) Exception.--The provisions of this section shall not affect the right of any
person who, in connection with a sale of property or services or any credit
transaction, shall have, retain or acquire an insurable interest in any subject of
insurance, related to such sale or transaction, including person or property or
risk pertaining thereto, to procure and maintain insurance embracing any or all
insurable interests in such subject, or to agree to do so, and neither such
insurance nor the procurement or maintaining thereof or agreement to procure or
maintain the same shall be construed to be an inducement to purchase.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7311
Effective: January 31, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7311. Unlawful collection agency practices
(a) Assignments of claims.--It is lawful for a collection agency, for the purpose
of collecting or enforcing the payment thereof, to take an assignment of any such
claim from a creditor, if all of the following apply:
(1) The assignment between the creditors and collection agency is in writing.
(2) The original agreement between the creditor and debtor does not prohibit
assignments.
(3) The collection agency complies with the act of December 17, 1968 (P.L. 1224,
No. 387), known as the Unfair Trade Practices and Consumer Protection Law, [FN1]
and with the regulations promulgated under that act.
(b) Appearance for creditor.--It is unlawful for a collection agency to appear for
or represent a creditor in any manner whatsoever, but a collection agency,
pursuant to subsection (a), may bring legal action on claims assigned to it and
not be in violation of subsection if the agency appears by an attorney.
(b.1) Unfair or deceptive collection methods.--It is unlawful for a collector to
collect any amount, including any interest, fee, charge or expense incidental to
the principal obligation, unless such amount is expressly provided in the
agreement creating the debt or is permitted by law.
Furnishing legal services.--It is unlawful for a collection agency to furnish,
or offer to furnish legal services, directly or indirectly, or to offer to render
or furnish such services within or without this Commonwealth. The forwarding of a
claim by a collection agency to an attorney at law, for the purpose of collection,
shall not constitute furnishing legal service for the purposes of this subsection.
(d) Services for debtor.--It is unlawful for a collection agency to act for,
represent or undertake to render services for any debtor with regard to the
proposed settlement or adjustment of the affairs of such debtor, whether such
compromise, settlement, or adjustment be made through legal proceedings or
otherwise, or to demand, ask for, or receive any compensation for services in
connection with the settlement or collection of any claim except from the creditor
for whom it has rendered lawful services.
(e) Running for attorneys.--It is unlawful for a collection agency to solicit
employment for any attorney at law, whether practicing in this Commonwealth or
elsewhere, or to receive from or divide with any such attorney at law any portion
of any fee received by such attorney at law. This subsection does not prohibit
the established custom of sharing commissions at a commonly accepted rate upon
collection of claims between a collection agency and an attorney at law.
(f) Coercion or intimidation.--
(1) It is unlawful for a collection agency to coerce or intimidate any debtor by
delivering or mailing any paper or document simulating, or intending to
simulate, a summons, warrant, writ, or court process as a means for the
collection of a claim, or to threaten legal proceedings against any debtor.
(2) Paragraph (1) of this subsection shall not prohibit:
(i) A collection agency from informing a debtor that if a claim is not paid, it
will be referred to an attorney at law for such action as he may deem
necessary, without naming a specific attorney.
(ii) A magisterial district judge from sending out notices to debtors before
the institution of suit.
(g) Grading.--Whoever violates any of the provisions of this section is guilty of
a misdemeanor of the third degree.
(h) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Claim." Includes any claim, demand, account, note, or any other chose in action
or liability of any kind whatsoever.
"Collection agency." A person, other than an attorney at law duly admitted to
practice in any court of record in this Commonwealth, who, as a business,
enforces, collects, settles, adjusts, or compromises claims, or holds himself out,
or offers, as a business, to enforce, collect, settle, adjust, or compromise
claims.
"Creditor." Includes a person having or asserting such a claim.
"Debtor." Includes any person against whom a claim is asserted.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1990, Dec.
19, P.L. 1451, No. 219, s 2, imd. effective; 2004, Nov. 30, P.L. 1618, No. 207, s
4, effective Jan. 31, 2005.
[FN1] 73 P.S. s 201-1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7312
Effective: December 18, 2007
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7312. Debt pooling
(a) Offense defined.--Any person engaged in the business of debt pooling shall be
guilty of a misdemeanor of the third degree.
(b) Exceptions.--Subsection (a) of this section shall not apply to:
(1) Any person who is admitted to practice before the Supreme Court of
Pennsylvania or any court of common pleas of this Commonwealth or any
partnership or professional corporation all of the members or shareholders of
which are so admitted.
(2) Better business bureaus, legal aid societies or welfare agencies who act
without compensation or profit on behalf of debtors as debt adjusters or debt
poolers.
(3) Organizations in the business of debt adjusting or debt pooling that are
exempt from taxation under section 501(3) of the Internal Revenue Code of
1986 (Public Law 99-514, 26 U.S.C. s 501(3)) or any successor provisions
thereof.
Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Creditor." A person to whom a debt or obligation is owed from another whether
such is payable in installments or otherwise.
"Debtor." A person who owes an obligation or debt to another whether such is
repayable in installments or otherwise.
"Debt pooling." The making of a contract, express or implied, with a debtor or
debtors whereby the debtor agrees to pay a sum of money periodically or otherwise
to another person for the purpose of having such other person distribute the same
among certain specified creditors in accordance with a plan agreed upon, or to be
agreed upon, and whereby such other person shall receive a consideration for any
such services rendered, or to be rendered, in connection therewith.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 2007, Dec.
18, P.L. 462, No. 70, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7313
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7313. Buying or exchanging Federal food order coupons, stamps,
authorization cards or access devices
(a) Offense defined.--A person commits the offense of buying or exchanging Federal
food order coupons, stamps, authorization cards or access devices if he, not being
authorized to do so by the United States Department of Agriculture, buys or
exchanges Federal food order coupons, stamps, authorization cards or access
devices for currency, or if he accepts or causes to be accepted Federal food order
coupons, stamps, authorization cards or access devices in exchange for any
merchandise or article except food, as defined by the United States Department of
Agriculture, or Federal food order coupons, stamps, authorization cards or access
devices in exchange for merchandise or articles, not defined by the United States
Department of Agriculture to be surplus foods.
(b) Grading.--A person who violates this section commits a felony of the third
degree if the amount involved is $1,000 or more. If the amount involved is less
than $1,000, the person commits a misdemeanor of the first degree. Amounts
involved in buying or exchanging Federal food order coupons, stamps, authorization
cards or access devices committed pursuant to one scheme or course of conduct,
whether from the same person or several persons, shall be aggregated in
determining the grade of the offense.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Access device." The Pennsylvania ACCESS card or electronic benefit transfer
card.
"Authorization card." The paper authorization to participate that a person signs
and then exchanges for the designated amount of food coupons at a bank.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, Nov.
22, P.L. 621, No. 66, s 8, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7314
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7314. Fraudulent traffic in food orders
(a) Offense defined.--A person commits the offense of fraudulent traffic in food
orders if he, whether acting for himself or for another, directly or indirectly,
furnishes or delivers to any person money, merchandise, or anything other than
food, on or in exchange for a food order, or furnishes or delivers food on or in
exchange for a food order to any person, other than the original recipient of the
order, or in quantities or for prices other than those itemized on the food order
at the time the food is furnished or delivered.
(a.1) Grading.--A person who violates this section commits a felony of the third
degree if the amount involved is $1,000 or more. If the amount involved is less
than $1,000, the person commits a misdemeanor of the first degree. Amounts
involved in fraudulent traffic in food orders committed pursuant to one scheme or
course of conduct, whether from the same person or several persons, shall be
aggregated in determining the grade of the offense.
(b) Additional penalty.--In addition to the penalties otherwise prescribed, the
defendant shall also be ordered to pay to the agency which shall have issued such
food order, the face amount thereof.
Exception.--Subsection (a) of this section shall not apply to the negotiation
of a food order after food to the full amount of the order shall have been
furnished thereon to the original recipient of the order.
(d) Definition.--As used in this section, the term "food order" means any order
issued by or under the authority of any public relief or assistance agency,
authorizing the furnishing and delivery of food to any person therein named or
described.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1995, Nov.
22, P.L. 621, No. 66, s 8, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7315
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7315. Unauthorized disposition of donated food commodities
A person is guilty of a summary offense if he, whether acting for himself or for
another, directly or indirectly willfully makes any unauthorized disposition of
any food commodity donated under any program of the Federal Government or if he,
not being an authorized recipient thereof, willfully converts to his own use or
benefit any such food commodity.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7316
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7316. Keeping bucket-shop
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he keeps, or causes to be kept, any bucket-shop, or assists in the keeping of any
bucket-shop.
(b) Corporate penalty.--If a corporation is convicted, its charter shall be
forfeited by a proceeding in quo warranto, instituted either at the relation of
the Attorney General or the district attorney.
Second offense.--The continuance of the establishment after the first
conviction shall be deemed a second offense.
(d) Evidence required.--It shall not be necessary, in order to convict any person
of keeping a bucket-shop, or causing one to be kept, to show that such person has
entered into any contract, agreement, trade, or transaction of the nature of a
"bucket-shop" as defined in this section; but it shall be sufficient to show that
such person has offered to make such a contract, agreement, trade, or transaction,
whether the contract, agreement, trade, or transaction was accepted or not. Proof
of a single instance wherein any person or another on his behalf, has made or
offered to make any such contract, agreement, trade, or transaction, shall be
conclusive that the place wherein the same was made is a bucket-shop.
(e) Definition.--As used in this section "bucket-shop" means a place where
contracts, agreements, trades, or transactions respecting the sale or purchase of
stocks, bonds, securities, grains, provisions or other commodities are made or
offered to be made, to be closed, adjusted or settled upon the basis of public
market quotations on a board of trade or exchange, but without a bona fide
transaction on such board of trade or exchange.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7317
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7317. Accessories in conduct of bucket-shop
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he transmits or communicates by telegraph, telephone, wireless, telegraphy,
express, mail, or otherwise or if he receives, exhibits, or displays, in any
manner, any statement or quotation of the prices of any property, mentioned in
section 7316(e) of this title (relating to definition of bucket-shop), with a view
of entering into any contract, agreement, trade, or transaction, or offering to
enter into any contract, agreement, trade, or transaction, or with a view of
aiding others to enter or offer to enter into any such contract, agreement, trade,
or transaction, of the nature described in the definition of "bucket-shop."
(b) Corporate penalty.--If a corporation is convicted, its charter shall be
forfeited by a proceeding in quo warranto, instituted either at the relation of
the Attorney General or the district attorney.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7318
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7318. Maintaining of premises in which bucket-shop operated
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he knowingly permits a bucket-shop, as defined in section 7316(e) of this title
(relating to definition of bucket-shop) to be maintained or operated in any
premises owned, leased, controlled, or operated by him.
(b) Fine a lien.--Any fine imposed under this section shall be a lien upon the
premises, in or on which the bucket-shop shall be maintained and operated.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7319
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7319. Bucket-shop contracts
(a) Status of contracts.--All contracts, agreements, trades, or transactions of
the nature of a bucket-shop as defined in section 7316(e) of this title (relating
to definition of bucket-shop), are hereby declared gambling, and criminal acts,
and null and void.
(b) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he shall enter into the same, whether for himself or as agent or broker of any
person.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7320
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7320. Attaching advertisement without consent of publisher
A person is guilty of a summary offense if he places or affixes or inserts, or
causes to be placed or affixed or inserted, any advertisement, notice, circular,
pamphlet, card, handbill, book, booklet, or other printed notice of any kind, on
or in or to any newspaper, magazine, periodical, or book, when such newspaper,
magazine, periodical, or book is in the possession of the owner, or publisher
thereof, or in the possession of any news dealer, distributor, or carrier, or of
any agent or servant of such owner or publisher, without the consent of the owner
or publisher.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7321
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7321. Lie detector tests
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if
he requires as a condition for employment or continuation of employment that an
employee or other individual shall take a polygraph test or any form of a
mechanical or electrical lie detector test.
(b) Exception.--The provisions of subsection (a) of this section shall not apply
to employees or other individuals in the field of public law enforcement or who
dispense or have access to narcotics or dangerous drugs.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7322
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7322. Demanding property to secure employment
A person is guilty of a misdemeanor of the third degree if he, being an officer or
employee of any employer of labor, solicits, demands or receives, directly or
indirectly, from any person any money or other valuable thing, for the purpose,
actual or alleged, of either obtaining for such person employment in the service
of said employer or of the continuing of such person in employment.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7323
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7323. Discrimination on account of uniform
A person is guilty of a misdemeanor of the second degree if, being the proprietor,
manager, or employee of a theatre, hotel, restaurant, or other place of public
entertainment or amusement, he discriminates against any person wearing the
uniform of the armed forces of the United States, because of that uniform.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7324
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7324. Unlawful sale of dissertations, theses and term papers
(a) Definitions.--As used in this section:
(1) "Assignment" means any specific written, recorded, pictorial, artistic, or
other academic task that is intended for submission to any university, academy,
school or other educational institution which is chartered, incorporated,
licensed, registered or supervised by the Commonwealth, in fulfillment of the
requirements of a degree, diploma, certificate or course of study at any such
institution.
(2) "Prepare" means to create, write, or in any way produce in whole or
substantial part, a term paper, thesis, dissertation, essay, report or other
written, recorded, pictorial, artistic or other assignment for a fee.
(b) Sale of assistance to student.--No person shall sell or offer for sale to any
student enrolled in a university, college, academy, school or other educational
institution within the Commonwealth of Pennsylvania any assistance in the
preparation, research or writing of a dissertation, thesis, term paper, essay,
report or other written assignment knowing, or under the circumstances having
reason to know, that said assignment is intended for submission either in whole or
substantial part under said student's name to such educational institution in
fulfillment of the requirements for a degree, diploma, certificate or course of
study.
Sale or distribution of assignment to student.--No person shall sell or offer
for distribution any dissertation, thesis, term paper, essay, report or other
written assignment to any student enrolled in a university, college, academy,
school or any other institution within the Commonwealth of Pennsylvania knowing,
or under the circumstances having reason to know, that said assignment is intended
for submission either in whole or substantial part under said student's name to
such educational institution in fulfillment of the requirement for a degree,
diploma, certificate or course of study.
(d) Sale or distribution for sale to student.--No person shall sell or offer for
distribution any dissertation, thesis, term paper, essay, report or other written
assignment to any person who, sells or offers for sale any such dissertation,
thesis, term paper, essay, report or other written assignment to any student
enrolled in a university, college, academy, school or other educational
institution within the Commonwealth of Pennsylvania knowing, or under the
circumstances having reason to know, that said assignment is intended for
submission either in whole or substantial part under said student's name to such
educational institution in fulfillment of the requirements for a degree, diploma,
certificate or course of study.
(e) Authorized activities and services.--Nothing herein contained shall prevent
such educational institution or any member of its faculty or staff, from offering
courses, instruction, counseling or tutoring for research or writing as part of a
curriculum or other program conducted by such educational institution. Nor shall
this section prevent any educational institution or any member of its faculty or
staff from authorizing students to use statistical, computer, or any other
services which may be required or permitted by such educational institution in the
preparation, research or writing of a dissertation, thesis, term paper, essay,
report or other written assignment. Nor shall this section prevent tutorial
assistance rendered by other persons which does not include the preparation,
research or writing of a dissertation, thesis, term paper, essay, report or other
written assignment knowing, or under the circumstances having reason to know, that
said assignment is intended for submission either in whole or substantial part
under said student's name to such educational institution in fulfillment of the
requirements for a degree, diploma, certificate or course of study. Nor shall any
person be prevented by the provisions of this section from rendering services for
a fee which shall be limited to the typing, transcription or reproduction of a
manuscript.
(f) Authorized sale of copyrighted material.--Nothing contained within this
section shall prevent any person from selling or offering for sale a publication
or other written material which shall have been registered under the United States
Laws of Copyright: Provided, however, That the owner of such copyright shall have
given his authorization or approval for such sale: And, provided further, That
said person shall not know or under the circumstances have reason to know that
said assignment is intended for submission either in whole, or substantial part,
under a student's name as a dissertation, thesis, term paper, essay, report or
other written assignment to such educational institution within the Commonwealth
of Pennsylvania in fulfillment of the requirements for a degree, diploma,
certificate or course of study.
(g) Grading.--Any person who violates the provisions of this section shall be
guilty of a misdemeanor of the third degree.
(h) Injunction.--Whenever there shall be a violation of this section an
application also may be made by the Attorney General in the name of the people of
the Commonwealth of Pennsylvania to a court having jurisdiction to issue an
injunction, and upon notice to the defendant of not less than five days, to enjoin
and restrain the continuance of such violation; and if it shall appear to the
satisfaction of the court or justice that the defendant has, in fact, violated
this section, an injunction may be issued by such court, enjoining and restraining
any further violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In connection with any such proposed application, the
Attorney General is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the laws and rules of
civil procedure.
CREDIT(S)
1973, July 27, P.L. 226, No. 58, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7325
Effective: December 18, 2000
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7325. Discrimination on account of guide, signal or service dog or
other aid animal
A person is guilty of a summary offense if he, being the proprietor, manager or
employee of a theatre, hotel, restaurant or other place of public accommodation,
entertainment or amusement, refuses, withholds or denies any person, who is using
a guide, signal or service dog or other aid animal that has been certified by a
recognized authority to assist a person, because of the physical disability,
blindness or deafness of the user, or who is training a guide, signal or support
dog or other aid animal for or from a recognized authority for such a user, the
use of or access to any accommodation, advantage, facility or privilege of such
theatre, hotel, restaurant or other place of public entertainment or amusement.
CREDIT(S)
1980, Dec. 18, P.L. 1251, No. 227, s 1, effective in 60 days. Amended 1982, May
12, P.L. 416, No. 121, s 1, imd. effective; 1990, May 31, P.L. 219, No. 47, s 2,
effective in 60 days; 2000, Oct. 18, P.L. 605, No. 80, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7326
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7326. Disclosure of confidential tax information
(a) Offense defined.--A person commits a misdemeanor of the third degree if he
discloses, except to authorized persons for official governmental purposes, any
tax information that is:
(1) designated as confidential by a statute or ordinance of a city of the second
class; and
(2) obtained by him in conjunction with any declaration, return, audit, hearing
or verification required or authorized by statute or ordinance.
(b) Exception.--Subsection (a) shall not apply where disclosure is required by law
or by court order.
Definition.--As used in this section, the term "person" includes, but is not
limited to, a current or former officer or employee of the Commonwealth or any of
its political subdivisions and any other individual who has access to confidential
tax information.
CREDIT(S)
1990, Dec. 19, P.L. 1332, No. 207, s 2, imd. effective. Amended 1990, Dec. 19,
P.L. 1451, No. 219, s 3, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7327
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7327. Storage, consumption and sale of alcoholic beverages on
unlicensed business premises
(a) Storage.--A person commits a summary offense if he stores or permits storage
by others of liquor or malt or brewed beverages for the purpose of consumption
between the hours of 2 a.m. and 8 a.m. on business premises owned, operated,
leased or controlled by such person which are not licensed under the act of April
12, 1951 (P.L. 90, No. 21), known as the Liquor Code. [FN1]
(b) Consumption.--A person commits a summary offense if he allows another to
consume liquor or malt or brewed beverages, after payment of an entry fee, cover
charge or membership fee, between the hours of 2 a.m. and 8 a.m. on business
premises owned, operated, leased or controlled by such person which are not
licensed under the Liquor Code.
Sale.--A person commits a summary offense if he sells or offers to sell any
liquor or malt or brewed beverages between the hours of 2 a.m. and 8 a.m. on
business premises owned, operated, leased or controlled by such person which are
not licensed under the Liquor Code.
CREDIT(S)
1990, Dec. 19, P.L. 1451, No. 219, s 3, imd. effective.
[FN1] 47 P.S. s 1-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7328
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7328. Operation of certain establishments prohibited without local
option
(a) Offense defined.--A person commits a misdemeanor of the third degree if that
person operates an establishment commonly referred to as a bottle club in a
municipality or part of a split municipality where the operation of such
establishments has been disapproved by the voters in accordance with subsection
(b). The provisions of this subsection shall not apply to the first 30-day time
period following the adoption of the disapproval referendum under subsection (b).
(b) Local option; election to be held.--
(1) In any municipality or any part of a municipality where such municipality is
split so that each part is separated by another municipality, an election may be
held on the date of the primary election immediately preceding any general or
municipal election, but not more than once in four years, to determine the will
of the electors with respect to prohibiting the operation, within the limits of
the municipality or part of a split municipality, of establishments commonly
referred to as bottle clubs. Where an election shall have been held at the
primary election preceding a general or municipal election in any year, another
election may be held under the provisions of this subsection at the primary
election occurring the fourth year after such prior election. Whenever electors
equal to at least 25% of the highest vote cast for any office in the
municipality or part of a split municipality at the last preceding general
election shall file a petition with the county board of elections of the county,
or the governing body of the municipality adopts by majority vote a resolution
to place the question on the ballot and a copy of the resolution is filed with
the board of elections of the county, for a referendum on the question of
prohibiting the operation of establishments commonly referred to as bottle
clubs, the said county board of elections shall cause a question to be placed on
the ballot or on the voting machine board and submitted at the primary election
immediately preceding the general or municipal election. The question shall be
in the following form:
Do you favor the prohibition of the operation of establishments, commonly
referred to as bottle clubs in __________ of __________?
(2) In the case of a tie vote, the status quo shall obtain. If a majority of
the electors voting on the question votes "yes," then an establishment commonly
referred to as a bottle club shall not be operated in the municipality or part
of a split municipality after 30 days from the certification of the vote on the
question, but if a majority of the electors voting on the question votes "no,"
then the operation of these establishments shall be permitted in the
municipality or part of a split municipality unless and until at a later
election a majority of the voting electors votes "yes" on the question.
(3) Proceedings under this subsection shall be in accordance with the provisions
of the act of June 3, 1937 (P.L. 1333, No. 320), known as the Pennsylvania
Election Code. [FN1]
Definition.--As used in this section, the term "bottle club" means an
establishment operated for profit or pecuniary gain, which admits patrons upon the
payment of a fee, has a capacity for the assemblage of 20 or more persons, and in
which alcoholic liquors, alcohol or malt or brewed beverages are not legally sold
but where alcoholic liquors, alcohol or malt or brewed beverages are either
provided by the operator or agents or employees of the operator for consumption on
the premises or are brought into or kept at the establishment by the patrons or
persons assembling there for use and consumption. The term shall not include a
licensee under the act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor
Code, [FN2] or any organization as set forth in section 6 of the act of December
19, 1990 (P.L. 1200, No. 202), known as the Solicitation of Funds for Charitable
Purposes Act. [FN3]
CREDIT(S)
1995, Nov. 22, P.L. 621, No. 66, s 9, imd. effective.
[FN1] 25 P.S. s 2600 et seq.
[FN2] 47 P.S. s 1-101 et seq.
[FN3] 10 P.S. s 162.1 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7329
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7329. Prohibition of certain types of entertainment on bottle club
premises
(a) Offense defined.--No bottle club operator or servants, agents or employees of
the same shall knowingly permit on premises used as a bottle club or in any place
operated in connection therewith any lewd, immoral or improper entertainment.
(b) Penalty for violation.--Any person who violates subsection (a) commits a
summary offense.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Bottle club." An establishment operated for profit or pecuniary gain, which has
a capacity for the assemblage of 20 or more persons and in which alcoholic
liquors, alcohol or malt or brewed beverages are not legally sold but where
alcoholic liquors, alcohol or malt or brewed beverages are either provided by the
operator or agents or employees of the operator for consumption on the premises or
are brought into or kept at the establishment by the patrons or persons assembling
there for use and consumption. The term shall not include a licensee under the
act of April 12, 1951 (P.L. 90, No. 21), [FN1] known as the Liquor Code, or any
organization as set forth in section 6 of the act of December 19, 1990 (P.L. 1200,
No. 202), [FN2] known as the Solicitation of Funds for Charitable Purposes Act.
"Lewd, immoral or improper entertainment." Includes, but is not limited to, the
following acts of conduct:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or excretion or any sexual acts which
are prohibited by law.
(2) Any person being touched, caressed or fondled on the buttocks, anus, vulva,
genitals or female breasts. This paragraph includes simulation.
(3) Scenes wherein a person displays or exposes to view any portion of the pubic
area, anus, cleft of the buttocks, vulva, genitals or any portion of the female
breast directly or laterally below the top of the areola. This paragraph
includes simulation.
(4) Scenes wherein artificial devices or inanimate objects are employed to
portray any of the prohibited activities described in paragraph (1), (2) or (3).
(5) Employment or use of any person in the sale and service of alcoholic
beverages while such person is unclothed or in such attire, costume or clothing
as to expose to view any portion of the anatomy described in paragraph (3).
(6) Employment or use of the services of a person while the person is unclothed
or in such attire as to expose to view any portion of the anatomy described in
paragraph (3).
(7) Permitting any person on the premises to touch, caress or fondle the
buttocks, anus, vulva, genitals or female breasts of any other person.
(8) Permitting any person on the premises while such person is unclothed or in
such attire as to expose to view any portion of the anatomy described in
paragraph (3).
(9) Permitting any person to wear or use any device or covering exposed to view
which simulates the human buttocks, anus, vulva, genitals or female breasts.
(10) Permitting any person to show, display or exhibit on the premises any film,
still picture, electronic reproduction or any other visual reproduction or image
the content of which primarily depicts graphic sexual acts as described in
paragraphs (1) and (4).
CREDIT(S)
1996, Feb. 23, P.L. 17, No. 7, s 2, effective in 60 days. Amended 1996, Dec. 18,
P.L. 1074, No. 160, s 2, effective in 60 days.
[FN1] 47 P.S. s 1-101.
[FN2] 10 P.S. s 162.6.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7330
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7330. Repealed by 2002, Dec. 16, P.L. 1953, No. 226, s 2, effective
in 60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7331
Effective: November 5, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter A. Definition of Offenses Generally (Refs & Annos)
>>>> s 7331. Unlicensed mortgage loan business
A person that operates without a license in violation of 7 Pa.C.S. s 6111
(relating to license requirements) commits a felony of the third degree.
CREDIT(S)
2008, July 8, P.L. 796, No. 56, s 2, effective in 120 days [Nov. 5, 2008].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 73,
Subch. B, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter B. Sunday Trading
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7361
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter B. Sunday Trading (Refs & Annos)
>>>> s 7361. Worldly employment or business
(a) Offense defined.--A person is guilty of a summary offense if he does or
performs any worldly employment or business whatsoever on Sunday (works of
necessity, charity and wholesome recreation excepted).
(b) Exception.--Subsection (a) of this section shall not prohibit:
(1) The dressing of victuals in private families, bake-houses, lodginghouses,
inns and other houses of entertainment for the use of sojourners, travellers or
strangers.
(2) The sale of newspapers.
(3) Watermen from landing their passengers, or ferrymen from carrying over the
water travellers.
(4) Work in connection with the rendering of service by a public utility as
defined in the Public Utility Law. [FN1]
(5) Persons removing with their families.
(6) The delivery of milk or the necessaries of life, before nine o'clock
antemeridian, nor after five o'clock postmeridian.
(7) The production and performance of drama and civic light opera for an
admission charge by nonprofit corporations in cities of the second class,
between the hours of two o'clock postmeridian and 12 o'clock midnight.
(8) The conducting, staging, managing, operating, performing or engaging in
basketball, ice shows and ice hockey for an admission charge in cities of the
first and second class, between the hours of two o'clock postmeridian and 12
o'clock midnight.
Definition.--As used in this section "wholesome recreation" means golf,
tennis, boating, swimming, bowling, basketball, picnicking, shooting at inanimate
targets and similar healthful or recreational exercises and activities.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973. Amended 1978,
April 28, P.L. 202, No. 53, s 7(10), effective June 27, 1978.
[FN1] 66 Pa.C.S.A. s 101 et seq.
VALIDITY
The Sunday Trading Laws were held to be unconstitutional by the Pennsylvania
Supreme Court in Kroger Co. v. O'Hara Tp., 392 A.2d 266, 481 Pa. 101, 1978.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7362
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter B. Sunday Trading (Refs & Annos)
>>>> s 7362. Repealed. 1979, Dec. 7, P.L. 487, No. 103, s 1 effective in
60 days
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7363
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter B. Sunday Trading (Refs & Annos)
>>>> s 7363. Selling certain personal property
(a) Offense defined.--A person is guilty of a summary offense if he engages on
Sunday in the business of selling, or sells or offers for sale, on such day, at
retail, clothing and wearing apparel, clothing accessories, furniture, housewares,
home, business or office furnishings, household, business or office appliances,
hardware, tools, paints, building and lumber supply materials, jewelry,
silverware, watches, clocks, luggage, musical instruments and recordings, or toys.
(b) Separate offenses.--Each separate sale or offer to sell shall constitute a
separate offense.
Exceptions.--
(1) Subsection (a) of this section shall not apply to novelties, souvenirs and
antiques.
(2) No individual who by reason of his religious conviction observes a day other
than Sunday as his day of rest and actually refrains from labor or secular
business on that day shall be prohibited from selling on Sunday in a business
establishment which is closed on such other day the articles specified in
subsection (a) of this section.
(d) Limitation of action.--Information charging violations of this section shall
be brought within 72 hours after the commission of the alleged offense and not
thereafter.
(e) Repeated offense penalty.--A person who commits a second or any subsequent
offense within one year after conviction for the first offense shall be sentenced
to pay a fine of not exceeding $200.
(f) Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"A day other than Sunday." Any consecutive 24 hour period.
"Antique." An item over 100 years old, or ethnographic objects made in
traditional aboriginal styles and made at least 50 years prior to their sale.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
VALIDITY
The Sunday Trading Laws were held to be unconstitutional by the Pennsylvania
Supreme Court in Kroger Co. v. O'Hara Tp., 392 A.2d 266, 481 Pa. 101, 1978.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7364
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter B. Sunday Trading (Refs & Annos)
>>>> s 7364. Selling or otherwise dealing in fresh meats, produce and
groceries
(a) Offense defined.--A person is guilty of a summary offense if he engages in the
business of selling or otherwise dealing at retail in fresh meats, produce and
groceries on Sunday.
(b) Separate offenses.--Each separate sale, or offer to sell, shall constitute a
separate offense.
Exceptions.--Subsection (a) of this section shall not apply to any retail
establishment:
(1) employing less than ten persons;
(2) where fresh meats, produce and groceries are offered so [FN1] sold by the
proprietor or members of his immediate family; or
(3) where food is prepared on the premises for human consumption.
(d) Limitation of action.--Information charging violations of this section shall
be brought within 72 hours after the commission of the alleged offense and not
thereafter.
(e) Repeated offense penalty.--A person who commits a second or any subsequent
offense within one year after conviction for the first offense shall be sentenced
to pay a fine not exceeding $200.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
[FN1] So in original. Probably should read "or".
VALIDITY
The Sunday Trading Laws were held to be unconstitutional by the Pennsylvania
Supreme Court in Kroger Co. v. O'Hara Tp., 392 A.2d 266, 481 Pa. 101, 1978.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7365
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 73. Trade and Commerce
+ Subchapter B. Sunday Trading (Refs & Annos)
>>>> s 7365. Trading in motor vehicles and trailers
(a) Offense defined.--A person is guilty of a summary offense if he engages in the
business of buying, selling, exchanging, trading, or otherwise dealing in new or
used motor vehicles or trailers, on Sunday.
(b) Repeated offense penalty.--A person who commits a second or any subsequent
offense within one year after conviction for the first offense, shall be sentenced
to pay a fine not exceeding $200.
Definitions.--As used in this section the following words and phrases shall
have the meanings given to them in this subsection:
"Motor vehicle." Every self-propelled device in, upon or by which any person or
property is or may be transported or drawn on a public highway.
"Trailer." Every vehicle, without motor power, designed to carry property or
passengers or designed and used exclusively for living quarters wholly on its own
structure, and to be drawn by a motor vehicle.
CREDIT(S)
1979, Dec. 7, P.L. 487, No. 103, s 2, effective in 60 days.
VALIDITY
The Sunday Trading Laws were held to be unconstitutional by the Pennsylvania
Supreme Court in Kroger Co. v. O'Hara Tp., 392 A.2d 266, 481 Pa. 101, 1978.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 75, Refs
& Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7501
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7501. Removal of mobile home to evade tax
A person is guilty of a summary offense if he, being the titled owner of a mobile
home or house trailer which is subject to a tax, and having received an official
tax notice levying such tax thereon, thereafter for the purpose of evading the
payment of such tax, removes such mobile home or house trailer from the political
subdivision levying such tax.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7502
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7502. Failure of mobile home court operator to make reports
A person is guilty of a summary offense if he, being an operator of a mobile home
or house trailer court, shall fail to submit to the tax assessor of the political
subdivision, in which such court is located, after written notice to do so, such
report or reports as are required by law to be submitted by an operator to such
tax assessor.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7503
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7503. Interest of certain architects and engineers in public work
contracts
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he, being an architect or engineer, in the employ of the Commonwealth, or any
political subdivision thereof, and engaged in the preparation of plans,
specifications, or estimates, bids on any public work at any letting of such work
in this Commonwealth; or if he, being an officer of the Commonwealth, or any
political subdivision thereof, charged with the duty of letting any public work,
awards a contract to any such architect or engineer; or if he, being any such
architect or engineer, is in any way interested in any contract for public work,
or receives any remuneration or gratuity from any person interested in such
contract.
(b) Forfeiture of office.--A person who commits an offense under this section
shall, in addition to the penalty prescribed herein, forfeit his office.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7504
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7504. Appointment of special policemen
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if
he, having authority to do so, appoints as a special deputy, or policeman, to
preserve the public peace and prevent or quell public disturbances, any person who
is not a citizen of this Commonwealth.
(b) Exception.--Subsection (a) of this section shall not apply to policemen,
constables or specials appointed by municipalities for municipal purposes.
Organization penalty.--If any corporation, company or association is convicted
under this section, it shall be sentenced to pay a fine not exceeding $5,000.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7505
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7505. Violation of governmental rules regarding traffic
Each Commonwealth agency shall promulgate rules and regulations governing all
vehicular traffic at those Commonwealth facilities situated upon property of the
Commonwealth which are within the exclusive jurisdiction of such agency including
but not limited to regulations governing the parking of vehicles upon such
property. Whoever violates any of the rules and regulations promulgated pursuant
to this section governing the parking of vehicles shall, upon conviction in a
summary proceeding, be sentenced to pay a fine not exceeding $5. Whoever violates
any of the rules and regulations promulgated pursuant to this section governing
the movement of traffic or the operation of vehicles shall, upon conviction in a
summary proceeding, be sentenced to pay a fine not exceeding $15.
CREDIT(S)
1972, Dec. 6, P.L. 1482, No. 334, s 1, effective June 6, 1973.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7506
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7506. Violation of rules regarding conduct on Commonwealth property
(a) Promulgation of rules and regulations.--The Department of Environmental
Resources, Pennsylvania Game Commission and Pennsylvania Historical and Museum
Commission may promulgate rules and regulations governing conduct, other than
conduct regulated in section 7505 (relating to violation of governmental rules
regarding traffic), on Commonwealth property within the jurisdiction of that
agency. Such rules and regulations shall be reasonably related to the
preservation and protection of such property for its specified or intended use, or
to promote the welfare, safety or protection of those persons using such property,
shall be consistent with existing law and shall be posted in a manner reasonable
likely to come to the attention of persons using such property.
(b) Violation penalty.--A person who violates any of the rules and regulations
promulgated pursuant to this section is guilty of a summary offense.
CREDIT(S)
1978, July 1, P.L. 564, No. 97, s 1, imd. effective. Amended 1986, July 8, P.L.
442, No. 93, s 2, eff. July 1, 1987.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7507
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7507. Breach of privacy by using a psychological-stress evaluator,
an audio-stress monitor or a similar device without consent
A person commits a misdemeanor of the second degree if he uses a
psychological-stress evaluator, an audio-stress monitor or a similar device which
measures voice waves or tonal inflections to judge the truth or falsity of oral
statements without the consent of the person whose statement is being tested.
CREDIT(S)
1978, Oct. 4, P.L. 976, No. 194, s 1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7507.1
Effective: January 17, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7507.1. Invasion of privacy
(a) Offense defined.--Except as set forth in subsection (d), a person commits the
offense of invasion of privacy if he, for the purpose of arousing or gratifying
the sexual desire of any person, knowingly does any of the following:
(1) Views, photographs, videotapes, electronically depicts, films or otherwise
records another person without that person's knowledge and consent while that
person is in a state of full or partial nudity and is in a place where that
person would have a reasonable expectation of privacy.
(2) Photographs, videotapes, electronically depicts, films or otherwise records
or personally views the intimate parts, whether or not covered by clothing, of
another person without that person's knowledge and consent and which intimate
parts that person does not intend to be visible by normal public observation.
(3) Transfers or transmits an image obtained in violation of paragraph (1) or
(2) by live or recorded telephone message, electronic mail or the Internet or by
any other transfer of the medium on which the image is stored.
(a.1) Separate violations.--A separate violation of this section shall occur:
(1) for each victim of an offense under subsection (a) under the same or similar
circumstances pursuant to one scheme or course of conduct whether at the same or
different times; or
(2) if a person is a victim of an offense under subsection (a) on more than one
occasion during a separate course of conduct either individually or otherwise.
(b) Grading.--Invasion of privacy is a misdemeanor of the second degree if there
is more than one violation. Otherwise, a violation of this section is a
misdemeanor of the third degree.
Commencement of prosecution.--Notwithstanding the provisions of 42 Pa.C.S. Ch.
55 Subch. C (relating to criminal proceedings), a prosecution under this section
must be commenced within the following periods of limitation:
(1) two years from the date the offense occurred; or
(2) if the victim did not realize at the time that there was an offense, within
three years of the time the victim first learns of the offense.
(d) Exceptions.--Subsection (a) shall not apply if the conduct proscribed by
subsection (a) is done by any of the following:
(1) Law enforcement officers during a lawful criminal investigation.
(2) Law enforcement officers or by personnel of the Department of Corrections or
a local correctional facility, prison or jail for security purposes or during
investigation of alleged misconduct by a person in the custody of the department
or local authorities.
(e) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Full or partial nudity." Display of all or any part of the human genitals or
pubic area or buttocks, or any part of the nipple of the breast of any female
person, with less than a fully opaque covering.
"Intimate part." Any part of:
(1) the human genitals, pubic area or buttocks; and
(2) the nipple of a female breast.
"Photographs" or "films." Making any photograph, motion picture film, videotape
or any other recording or transmission of the image of a person.
"Place where a person would have a reasonable expectation of privacy." A location
where a reasonable person would believe that he could disrobe in privacy without
being concerned that his undressing was being viewed, photographed or filmed by
another.
"Views." Looking upon another person with the unaided eye or with any device
designed or intended to improve visual acuity.
CREDIT(S)
1998, March 24, P.L. 215, No. 38, s 1, effective in 60 days. Amended 2005, Nov.
16, P.L. 378, No. 69, s 1, effective in 60 days [Jan. 17, 2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7508
Effective: July 10, 2003 to June 30, 2013
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7508. Drug trafficking sentencing and penalties
<Section effective until July 1, 2013. See also, section effective July 1,
2013.>
(a) General rule.--Notwithstanding any other provisions of this or any other act
to the contrary, the following provisions shall apply:
(1) A person who is convicted of violating section 13(a)(14), (30) or (37) of
the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, [FN1] where the controlled substance is marijuana
shall, upon conviction, be sentenced to a mandatory minimum term of imprisonment
and a fine as set forth in this subsection:
(i) when the amount of marijuana involved is at least two pounds, but less than
ten pounds, or at least ten live plants but less than 21 live plants; one year
in prison and a fine of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: two years in prison and a fine of $10,000 or
such larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity;
(ii) when the amount of marijuana involved is at least ten pounds, but less
than 50 pounds, or at least 21 live plants but less than 51 live plants; three
years in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: four years in prison and a fine of $30,000
or such larger amount as is sufficient to exhaust the assets utilized in and
the proceeds from the illegal activity; and
(iii) when the amount of marijuana involved is at least 50 pounds, or at least
51 live plants; five years in prison and a fine of $50,000 or such larger
amount as is sufficient to exhaust the assets utilized in and the proceeds from
the illegal activity.
(2) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance or a mixture containing it is classified in Schedule I or Schedule II
under section 4 of that act and is a narcotic drug shall, upon conviction, be
sentenced to a mandatory minimum term of imprisonment and a fine as set forth in
this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least 2.0 grams and less than ten grams; two years in
prison and a fine of $5,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal activity; however, if
at the time of sentencing the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or such larger amount
as is sufficient to exhaust the assets utilized in and the proceeds from the
illegal activity;
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least ten grams and less than 100 grams; three years
in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison and $30,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture containing the
substance involved is at least 100 grams; five years in prison and a fine of
$25,000 or such larger amount as is sufficient to exhaust the assets utilized
in and the proceeds from the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another drug trafficking
offense: seven years in prison and $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity.
(3) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance is coca leaves or is any salt, compound, derivative or preparation of
coca leaves or is any salt, compound, derivative or preparation which is
chemically equivalent or identical with any of these substances or is any
mixture containing any of these substances except decocainized coca leaves or
extracts of coca leaves which (extracts) do not contain cocaine or ecgonine
shall, upon conviction, be sentenced to a mandatory minimum term of imprisonment
and a fine as set forth in this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least 2.0 grams and less than ten grams; one year in
prison and a fine of $5,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal activity; however, if
at the time of sentencing the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or such larger amount
as is sufficient to exhaust the assets utilized in and the proceeds from the
illegal activity;
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least ten grams and less than 100 grams; three years
in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison and $30,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture of the substance
involved is at least 100 grams; four years in prison and a fine of $25,000 or
such larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the time of sentencing the
defendant has been convicted of another drug trafficking offense: seven years
in prison and $50,000 or such larger amount as is sufficient to exhaust the
assets utilized in and the proceeds from the illegal activity.
(4) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance is methamphetamine or phencyclidine or is a salt, isomer or salt of an
isomer of methamphetamine or phencyclidine or is a mixture containing
methamphetamine or phencyclidine, containing a salt of methamphetamine or
phencyclidine, containing an isomer of methamphetamine or phencyclidine,
containing a salt of an isomer of methamphetamine or phencyclidine shall, upon
conviction, be sentenced to a mandatory minimum term of imprisonment and a fine
as set forth in this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least five grams and less than ten grams; three years
in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison and $30,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least ten grams and less than 100 grams; four years
in prison and a fine of $25,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: seven years in prison and $50,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture containing the
substance involved is at least 100 grams; five years in prison and a fine of
$50,000 or such larger amount as is sufficient to exhaust the assets utilized
in and the proceeds from the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another drug trafficking
offense: eight years in prison and $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity.
(5) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act, and who, in the course
of the offense, manufactures, delivers, brings into this Commonwealth or
possesses with intent to manufacture or deliver amphetamine or any salt, optical
isomer, or salt of an optical isomer, or a mixture containing any such
substances shall, when the aggregate weight of the compound or mixture
containing the substance involved is at least five grams, be sentenced to two
and one-half years in prison and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity; however, if at the time of sentencing the defendant has been
convicted of another drug trafficking offense: be sentenced to five years in
prison and $30,000 or such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity.
(6) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance is methaqualone shall, upon conviction, be sentenced to a mandatory
minimum term of imprisonment and a fine as set forth in this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least 50 tablets, capsules, caplets or other dosage
units, or 25 grams and less than 200 tablets, capsules, caplets or other dosage
units, or 100 grams; one year in prison and a fine of $2,500 or such larger
amount as is sufficient to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: three years in prison and
$5,000 or such larger amount as is sufficient to exhaust the assets utilized in
and the proceeds from the illegal activity; and
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least 200 tablets, capsules, caplets or other dosage
units, or more than 100 grams; two and one-half years in prison and a fine of
$15,000 or such larger amount as is sufficient to exhaust the assets utilized
in and the proceeds from the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another drug trafficking
offense: five years in prison and $30,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity.
(7) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance or a mixture containing it is heroin shall, upon conviction, be
sentenced as set forth in this paragraph:
(i) when the aggregate weight of the compound or mixture containing the heroin
involved is at least 1.0 gram but less than 5.0 grams the sentence shall be a
mandatory minimum term of two years in prison and a fine of $5,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the time of sentencing the
defendant has been convicted of another drug trafficking offense: a mandatory
minimum term of three years in prison and $10,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity;
(ii) when the aggregate weight of the compound or mixture containing the heroin
involved is at least 5.0 grams but less than 50 grams; a mandatory minimum
term of three years in prison and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity; however, if at the time of sentencing the defendant has been
convicted of another drug trafficking offense: a mandatory minimum term of
five years in prison and $30,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture containing the
heroin involved is 50 grams or greater: a mandatory minimum term of five years
in prison and a fine of $25,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: a mandatory minimum term of seven years in
prison and $50,000 or such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity.
(8) A person who is convicted of violating section 13(a)(12), (14) or (30) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance or a mixture containing it is 3,4-methylenedioxyamphetamine (MDA);
3,4-methylenedioxymethamphetamine (MDMA);
5-methoxy-3,4-methylenedioxyamphetamine (MMDA);
3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine;
or their salts, isomers and salts of isomers, whenever the existence of such
salts, isomers and salts of isomers is possible within the specific chemical
designation, shall, upon conviction, be sentenced as set forth in this
paragraph:
(i) When the aggregate weight of the compound or mixture containing the
substance involved is at least 50 tablets, capsules, caplets or other dosage
units, or 15 grams and less than 100 tablets, capsules, caplets or other dosage
units, or less than 30 grams, the person is guilty of a felony and, upon
conviction thereof, shall be sentenced to imprisonment not exceeding five years
or to pay a fine not exceeding $15,000, or both.
(ii) When the aggregate weight of the compound or mixture containing the
substance involved is at least 100 tablets, capsules, caplets or other dosage
units, or 30 grams and less than 1,000 tablets, capsules, caplets or other
dosage units, or less than 300 grams, the person is guilty of a felony and,
upon conviction thereof, shall be sentenced to imprisonment not exceeding ten
years or to pay a fine not exceeding $100,000, or both.
(iii) When the aggregate weight of the compound or mixture containing the
substance involved is at least 1,000 tablets, capsules, caplets or other dosage
units, or 300 grams, the person is guilty of a felony and, upon conviction
thereof, shall be sentenced to imprisonment not exceeding 15 years or to pay a
fine not exceeding $250,000, or both.
(a.1) Previous conviction.--For purposes of this section, it shall be deemed that
a defendant has been convicted of another drug trafficking offense when the
defendant has been convicted of another offense under section 13(a)(14), (30) or
(37) of The Controlled Substance, Drug, Device and Cosmetic Act, or of a similar
offense under any statute of any state or the United States, whether or not
judgment of sentence has been imposed concerning that offense.
(b) Proof of sentencing.--Provisions of this section shall not be an element of
the crime. Notice of the applicability of this section to the defendant shall not
be required prior to conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided after conviction and
before sentencing. The applicability of this section shall be determined at
sentencing. The court shall consider evidence presented at trial, shall afford
the Commonwealth and the defendant an opportunity to present necessary additional
evidence and shall determine, by a preponderance of the evidence, if this section
is applicable.
Mandatory sentencing.--There shall be no authority in any court to impose on
an offender to which this section is applicable a lesser sentence than provided
for herein or to place the offender on probation, parole, work release or
prerelease or to suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than provided herein.
Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing
shall not supersede the mandatory sentences provided herein. Disposition under
section 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic Act [FN2]
shall not be available to a defendant to which this section applies.
(d) Appellate review.--If a sentencing court refuses to apply this section where
applicable, the Commonwealth shall have the right to appellate review of the
action of the sentencing court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a sentence in accordance
with this section if it finds that the sentence was imposed in violation of this
section.
(e) Forfeiture.--Assets against which a forfeiture petition has been filed and is
pending or against which the Commonwealth has indicated an intention to file a
forfeiture petition shall not be subject to a fine. Nothing in this section shall
prevent a fine from being imposed on assets which have been subject to an
unsuccessful forfeiture petition.
(f) Growing plants.--When the controlled substance is marijuana in the form of
growing plants and the number of plants is nine or less, weighing may be
accomplished by law enforcement officials utilizing any certified scale convenient
to the place of arrest for the purpose of determining the weight of the growing
marijuana plant. The aggregate weight of the plant is to include the whole plant
including the root system if possible. The weight is not to include any substance
not a part of the growing plant.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 13, effective July 1, 1988. Amended 1990,
Dec. 19, P.L. 1451, No. 219, s 4, imd. effective; 2000, June 22, P.L. 345, No.
41, s 1, effective in 60 days; 2002, Dec. 9, P.L. 1439, No. 183, s 2, effective
in 60 days; 2003, July 10, P.L. 10, No. 4, s 1, imd. effective.
[FN1] 35 P.S. s 780-113(a)(14), (30), (37).
[FN2] 35 P.S. ss 780-117, 780-118.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7508
Effective: July 1, 2013
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7508. Drug trafficking sentencing and penalties
<Section effective July 1, 2013. See also, section effective until July 1, 2013.>
(a) General rule.--Notwithstanding any other provisions of this or any other act
to the contrary, the following provisions shall apply:
(1) A person who is convicted of violating section 13(a)(14), (30) or (37) of
the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, [FN1] where the controlled substance is marijuana
shall, upon conviction, be sentenced to a mandatory minimum term of imprisonment
and a fine as set forth in this subsection:
(i) when the amount of marijuana involved is at least two pounds, but less than
ten pounds, or at least ten live plants but less than 21 live plants; one year
in prison and a fine of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: two years in prison and a fine of $10,000 or
such larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity;
(ii) when the amount of marijuana involved is at least ten pounds, but less
than 50 pounds, or at least 21 live plants but less than 51 live plants; three
years in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: four years in prison and a fine of $30,000
or such larger amount as is sufficient to exhaust the assets utilized in and
the proceeds from the illegal activity; and
(iii) when the amount of marijuana involved is at least 50 pounds, or at least
51 live plants; five years in prison and a fine of $50,000 or such larger
amount as is sufficient to exhaust the assets utilized in and the proceeds from
the illegal activity.
(2) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance or a mixture containing it is classified in Schedule I or Schedule II
under section 4 of that act and is a narcotic drug shall, upon conviction, be
sentenced to a mandatory minimum term of imprisonment and a fine as set forth in
this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least 2.0 grams and less than ten grams; two years in
prison and a fine of $5,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal activity; however, if
at the time of sentencing the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or such larger amount
as is sufficient to exhaust the assets utilized in and the proceeds from the
illegal activity;
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least ten grams and less than 100 grams; three years
in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison and $30,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture containing the
substance involved is at least 100 grams; five years in prison and a fine of
$25,000 or such larger amount as is sufficient to exhaust the assets utilized
in and the proceeds from the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another drug trafficking
offense: seven years in prison and $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity.
(3) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance is coca leaves or is any salt, compound, derivative or preparation of
coca leaves or is any salt, compound, derivative or preparation which is
chemically equivalent or identical with any of these substances or is any
mixture containing any of these substances except decocainized coca leaves or
extracts of coca leaves which (extracts) do not contain cocaine or ecgonine
shall, upon conviction, be sentenced to a mandatory minimum term of imprisonment
and a fine as set forth in this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least 2.0 grams and less than ten grams; one year in
prison and a fine of $5,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal activity; however, if
at the time of sentencing the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or such larger amount
as is sufficient to exhaust the assets utilized in and the proceeds from the
illegal activity;
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least ten grams and less than 100 grams; three years
in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison and $30,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture of the substance
involved is at least 100 grams; four years in prison and a fine of $25,000 or
such larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the time of sentencing the
defendant has been convicted of another drug trafficking offense: seven years
in prison and $50,000 or such larger amount as is sufficient to exhaust the
assets utilized in and the proceeds from the illegal activity.
(4) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance is methamphetamine or phencyclidine or is a salt, isomer or salt of an
isomer of methamphetamine or phencyclidine or is a mixture containing
methamphetamine or phencyclidine, containing a salt of methamphetamine or
phencyclidine, containing an isomer of methamphetamine or phencyclidine,
containing a salt of an isomer of methamphetamine or phencyclidine shall, upon
conviction, be sentenced to a mandatory minimum term of imprisonment and a fine
as set forth in this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least five grams and less than ten grams; three years
in prison and a fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison and $30,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least ten grams and less than 100 grams; four years
in prison and a fine of $25,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: seven years in prison and $50,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture containing the
substance involved is at least 100 grams; five years in prison and a fine of
$50,000 or such larger amount as is sufficient to exhaust the assets utilized
in and the proceeds from the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another drug trafficking
offense: eight years in prison and $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity.
(5) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act, and who, in the course
of the offense, manufactures, delivers, brings into this Commonwealth or
possesses with intent to manufacture or deliver amphetamine or any salt, optical
isomer, or salt of an optical isomer, or a mixture containing any such
substances shall, when the aggregate weight of the compound or mixture
containing the substance involved is at least five grams, be sentenced to two
and one-half years in prison and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity; however, if at the time of sentencing the defendant has been
convicted of another drug trafficking offense: be sentenced to five years in
prison and $30,000 or such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity.
(6) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance is methaqualone shall, upon conviction, be sentenced to a mandatory
minimum term of imprisonment and a fine as set forth in this subsection:
(i) when the aggregate weight of the compound or mixture containing the
substance involved is at least 50 tablets, capsules, caplets or other dosage
units, or 25 grams and less than 200 tablets, capsules, caplets or other dosage
units, or 100 grams; one year in prison and a fine of $2,500 or such larger
amount as is sufficient to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: three years in prison and
$5,000 or such larger amount as is sufficient to exhaust the assets utilized in
and the proceeds from the illegal activity; and
(ii) when the aggregate weight of the compound or mixture containing the
substance involved is at least 200 tablets, capsules, caplets or other dosage
units, or more than 100 grams; two and one-half years in prison and a fine of
$15,000 or such larger amount as is sufficient to exhaust the assets utilized
in and the proceeds from the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another drug trafficking
offense: five years in prison and $30,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity.
(7) A person who is convicted of violating section 13(a)(14), (30) or (37) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance or a mixture containing it is heroin shall, upon conviction, be
sentenced as set forth in this paragraph:
(i) when the aggregate weight of the compound or mixture containing the heroin
involved is at least 1.0 gram but less than 5.0 grams the sentence shall be a
mandatory minimum term of two years in prison and a fine of $5,000 or such
larger amount as is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the time of sentencing the
defendant has been convicted of another drug trafficking offense: a mandatory
minimum term of three years in prison and $10,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity;
(ii) when the aggregate weight of the compound or mixture containing the heroin
involved is at least 5.0 grams but less than 50 grams: a mandatory minimum
term of three years in prison and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the proceeds from the illegal
activity; however, if at the time of sentencing the defendant has been
convicted of another drug trafficking offense: a mandatory minimum term of
five years in prison and $30,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity; and
(iii) when the aggregate weight of the compound or mixture containing the
heroin involved is 50 grams or greater: a mandatory minimum term of five years
in prison and a fine of $25,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been convicted of
another drug trafficking offense: a mandatory minimum term of seven years in
prison and $50,000 or such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity.
(8) A person who is convicted of violating section 13(a)(12), (14) or (30) of
The Controlled Substance, Drug, Device and Cosmetic Act where the controlled
substance or a mixture containing it is 3,4-methylenedioxyamphetamine (MDA);
3,4-methylenedioxymethamphetamine (MDMA);
5-methoxy-3,4-methylenedioxyamphetamine (MMDA);
3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine;
or their salts, isomers and salts of isomers, whenever the existence of such
salts, isomers and salts of isomers is possible within the specific chemical
designation, shall, upon conviction, be sentenced as set forth in this
paragraph:
(i) When the aggregate weight of the compound or mixture containing the
substance involved is at least 50 tablets, capsules, caplets or other dosage
units, or 15 grams and less than 100 tablets, capsules, caplets or other dosage
units, or less than 30 grams, the person is guilty of a felony and, upon
conviction thereof, shall be sentenced to imprisonment not exceeding five years
or to pay a fine not exceeding $15,000, or both.
(ii) When the aggregate weight of the compound or mixture containing the
substance involved is at least 100 tablets, capsules, caplets or other dosage
units, or 30 grams and less than 1,000 tablets, capsules, caplets or other
dosage units, or less than 300 grams, the person is guilty of a felony and,
upon conviction thereof, shall be sentenced to imprisonment not exceeding ten
years or to pay a fine not exceeding $100,000, or both.
(iii) When the aggregate weight of the compound or mixture containing the
substance involved is at least 1,000 tablets, capsules, caplets or other dosage
units, or 300 grams, the person is guilty of a felony and, upon conviction
thereof, shall be sentenced to imprisonment not exceeding 15 years or to pay a
fine not exceeding $250,000, or both.
(a.1) Previous conviction.--For purposes of this section, it shall be deemed that
a defendant has been convicted of another drug trafficking offense when the
defendant has been convicted of another offense under section 13(a)(14), (30) or
(37) of The Controlled Substance, Drug, Device and Cosmetic Act, or of a similar
offense under any statute of any state or the United States, whether or not
judgment of sentence has been imposed concerning that offense.
(b) Proof of sentencing.--Provisions of this section shall not be an element of
the crime. Notice of the applicability of this section to the defendant shall not
be required prior to conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided after conviction and
before sentencing. The applicability of this section shall be determined at
sentencing. The court shall consider evidence presented at trial, shall afford
the Commonwealth and the defendant an opportunity to present necessary additional
evidence and shall determine, by a preponderance of the evidence, if this section
is applicable.
Mandatory sentencing.--There shall be no authority in any court to impose on
an offender to which this section is applicable a lesser sentence than provided
for herein or to place the offender on probation, parole or work release or to
suspend sentence. Nothing in this section shall prevent the sentencing court from
imposing a sentence greater than provided herein. Sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing shall not supersede the
mandatory sentences provided herein. Disposition under section 17 or 18 of The
Controlled Substance, Drug, Device and Cosmetic Act [FN2] shall not be available
to a defendant to which this section applies.
(d) Appellate review.--If a sentencing court refuses to apply this section where
applicable, the Commonwealth shall have the right to appellate review of the
action of the sentencing court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a sentence in accordance
with this section if it finds that the sentence was imposed in violation of this
section.
(e) Forfeiture.--Assets against which a forfeiture petition has been filed and is
pending or against which the Commonwealth has indicated an intention to file a
forfeiture petition shall not be subject to a fine. Nothing in this section shall
prevent a fine from being imposed on assets which have been subject to an
unsuccessful forfeiture petition.
(f) Growing plants.--When the controlled substance is marijuana in the form of
growing plants and the number of plants is nine or less, weighing may be
accomplished by law enforcement officials utilizing any certified scale convenient
to the place of arrest for the purpose of determining the weight of the growing
marijuana plant. The aggregate weight of the plant is to include the whole plant
including the root system if possible. The weight is not to include any substance
not a part of the growing plant.
CREDIT(S)
1988, March 25, P.L. 262, No. 31, s 13, effective July 1, 1988. Amended 1990,
Dec. 19, P.L. 1451, No. 219, s 4, imd. effective; 2000, June 22, P.L. 345, No.
41, s 1, effective in 60 days; 2002, Dec. 9, P.L. 1439, No. 183, s 2, effective
in 60 days; 2003, July 10, P.L. 10, No. 4, s 1, imd. effective; 2012, July 5,
P.L. 1050, No. 122, s 1, effective July 1, 2013.
[FN1] 35 P.S. s 780-113(a)(14), (30), (37).
[FN2] 35 P.S. ss 780-117, 780-118.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7508.1
Effective: May 11, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7508.1. Substance Abuse Education and Demand Reduction Fund
(a) Establishment.--The Substance Abuse Education and Demand Reduction Fund is
hereby established as an account in the State Treasury. This fund shall be
administered by the Pennsylvania Commission on Crime and Delinquency and shall be
comprised of costs imposed and collected in accordance with the provisions of this
section. All moneys in the fund and the interest accruing thereon are hereby
appropriated, upon approval of the Governor, to the commission to carry out the
provisions of this section.
(b) Imposition.--Unless the court finds that undue hardship would result, a
mandatory cost of $100, which shall be in addition to any other costs imposed
pursuant to statutory authority, shall automatically be assessed on any individual
convicted, adjudicated delinquent or granted Accelerated Rehabilitative
Disposition or any individual who pleads guilty or nolo contendere for a violation
of the act of April 14, 1972 (P.L. 233, No. 64) [FN1], known as The Controlled
Substance, Drug, Device and Cosmetic Act, or a violation of 75 Pa.C.S. s 3802
(relating to driving under influence of alcohol or controlled substance).
Additional assessment.--In addition to the assessment required by subsection
(b), a person convicted of or adjudicated delinquent for a violation of 75 Pa.C.S.
s 3802 shall be assessed $200 where the amount of alcohol by weight in the blood
of the person is equal to or greater than 0.16% at the time a chemical test is
performed on a sample of the person's breath, blood or urine. For the purposes of
this subsection, the sample of the person's blood, breath or urine shall be taken
within two hours after the person is placed under arrest.
(d) Collection.--Costs imposed under this section shall be collected in accordance
with local court rules by the clerk of courts in the county where the violation
has occurred. Of the amount collected, 50% shall remain in that county to be used
for substance abuse treatment or prevention programs and the remaining 50% shall
be deposited into the Substance Abuse Education and Demand Reduction Fund
established under this section.
(e) Application.--All costs provided for in this section shall be in addition to
and not in lieu of any fine authorized by law or required to be imposed under the
act of November 24, 1998 (P.L. 882, No. 111), [FN2] known as the Crime Victims
Act, or any other law. Nothing in this section shall be construed to affect,
suspend or diminish any other criminal sanction, penalty or property forfeiture
permitted by law.
(f) Grants.--Notwithstanding any other provision of law, the commission shall,
upon written application and subsequent approval, use moneys received under this
section to annually award grants to approved applicants in the following manner:
(1) (i) Subject to the provisions of subparagraph (ii), 45% of grant moneys
deposited into the fund each fiscal year shall be made available to nonprofit
organizations to provide research-based approaches to prevention, intervention,
training, treatment and education services to reduce substance abuse or to
provide resources to assist families in assessing the services. Nonprofit
organizations may jointly apply for grant moneys with a local government unit
but shall not be required to do so.
(ii) (A) Up to 20% of grant moneys available under subparagraph (i) may be
used to:
(I) Assist in the start-up of victim impact panel programs under 75 Pa.C.S.
s 3804(f.1) (relating to penalties).
(II) Study the impact outcome and benefits of victim impact panels within
this Commonwealth, including the impact of victim impact panels on driving
under the influence recidivism and their impact on the well-being of
participating victims.
(III) Provide assistance for the ongoing operation of victim impact panels.
(B) An applicant for a grant under this subparagraph may be an entity other
than a nonprofit organization.
(2) Twenty percent of grant moneys deposited into the fund each fiscal year
shall be made available to eligible organizations to educate youth, caregivers
of youth and employers about the dangers of substance abuse and to increase the
awareness of the benefits of a drug-free Pennsylvania through media-related
efforts that may include public service announcements, public awareness
campaigns and media literacy.
(3) Twenty percent of grant moneys deposited into the fund each fiscal year
shall be made available to eligible organizations to educate employers, unions
and employees about the dangers of substance abuse in the workplace and provide
comprehensive drug-free workplace programs and technical resources for
businesses, including, but not limited to, training for working parents to keep
their children drug free.
(4) Ten percent of the grant moneys deposited into the fund each fiscal year
shall be transferred annually to the Community Drug Abuse Prevention Grant
Program within the Office of Attorney General.
(g) Administration.--The commission shall develop guidelines and procedures
necessary to implement the grant program. The commission shall equitably
distribute grant moneys to approved applicants under subsection (f)(1) and
eligible organizations under subsection (f)(2) and (3). Each fiscal year the
commission shall make available grant moneys equaling, except for funds to be
transferred under subsection (f)(4) and administrative funds as provided for in
this subsection, the balance of moneys deposited into the fund as of June 30 of
the previous fiscal year. No more than 5% of total moneys deposited in the fund
during a fiscal year may be used by the commission to administer the provisions of
this section.
(h) Other initiatives.--Funds disbursed under this section shall not supplant
Federal, State or local funds that would have otherwise been made available for
substance abuse prevention, education, support, treatment and outreach
initiatives.
(i) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Commission." The Pennsylvania Commission on Crime and Delinquency.
"Eligible organization." A Statewide organization that meets all of the following
requirements:
(1) Possesses five or more consecutive years of experience carrying out
substance abuse education and demand reduction or substance abuse treatment
programs.
(2) Maintains a drug-free workplace policy.
(3) Has as its purpose the reduction of substance abuse.
"Fund." The Substance Abuse Education and Demand Reduction Fund established by
this section.
CREDIT(S)
2002, Dec. 9, P.L. 1539, No. 198, s 1, effective in 60 days. Amended 2003, Sept.
30, P.L. 120, No. 24, s 1, effective Feb. 1, 2004; 2006, May 11, P.L. 155, No.
36, s 1, imd. effective.
[FN1] 35 P.S. s 780-101 et seq.
[FN2] 18 P.S. s 11.101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7508.2
Effective: June 28, 2010
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7508.2. Operation of methamphetamine laboratory
(a) Offense defined.--A person commits the offense of operating a methamphetamine
laboratory if the person knowingly causes a chemical reaction involving ephedrine,
pseudoephedrine or phenylpropanolamine, or any other precursor or reagent
substance under section 13.1 of the act of April 14, 1972 (P.L. 233, No. 64),
[FN1] known as The Controlled Substance, Drug, Device and Cosmetic Act, for the
purpose of manufacturing methamphetamine or preparing a precursor or reagent
substance for the manufacture of methamphetamine.
(b) Grading.--
(1) Except as provided in paragraph (2), an offense under this subsection
constitutes a felony of the second degree and is also subject to section 1110
(relating to restitution for cleanup of clandestine laboratories).
(2) A person who violates subsection (a) commits a felony of the first degree if
the chemical reaction occurs within 1,000 feet of the real property on which is
located a public, private or parochial school, a college or university or a
nursery school or day care center, or within 250 feet of the real property on
which is located a recreation center or playground. The person shall also be
subject to section 1110.
Applicability.--
(1) This section does not apply to the manufacturing operation of a licensed
pharmaceutical company in the normal course of business.
(2) Nothing in this section shall be construed to preclude a prosecution for the
same or similar activity under The Controlled Substance, Drug, Device and
Cosmetic Act.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection unless the context clearly
indicates otherwise:
"Manufacture." The term shall have the same meaning given to the term in section
2(b) of the act of April 14, 1972 (P.L. 233, No. 64), [FN2] known as The
Controlled Substance, Drug, Device and Cosmetic Act.
CREDIT(S)
2010, April 29, P.L. 174, No. 18, s 1, effective in 60 days [June 28, 2010].
[FN1] 35 P.S. s 780-113.1.
[FN2] 35 P.S. s 780-102.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7509
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7509. Furnishing drug-free urine
(a) Unlawful sale or attempt.--A person commits a misdemeanor of the third degree
if he offers for sale, sells, causes to be sold or gives drug-free urine for the
purpose of or with the intent or knowledge that the urine will be used for evading
or causing deceitful results in a test for the presence of drugs.
(b) Use or attempt.--A person commits a misdemeanor of the third degree if he uses
or attempts to use drug-free urine as provided in subsection (a) for the purpose
of evading or causing deceitful results in a test for the presence of drugs.
CREDIT(S)
1997, Nov. 26, P.L. 500, No. 52, s 1, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7510
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7510. Municipal housing code avoidance
(a) Offense defined.--A person commits the crime of municipal housing code
avoidance if:
(1) the person has been convicted of a fourth or subsequent violation of the
same subsection of a municipal housing code for the same property;
(2) the violation has been continual and uncorrected;
(3) the violation poses a threat to the public's health, safety or property;
and
(4) no reasonable attempt has been made by the person to correct the violation.
(b) Grading.--Municipal housing code avoidance shall constitute a:
(1) Misdemeanor of the second degree when the offense is a fourth conviction of
a violation of the same subsection under a municipal housing code relating to
the same property.
(2) Misdemeanor of the first degree when the offense is based on five or more
convictions of violations of the same subsection under a municipal housing code
relating to the same property.
Definition.--As used in this section, the term "municipal housing code" means
any municipality's building, housing or property maintenance code or ordinance.
CREDIT(S)
1998, June 18, P.L. 503, No. 70, s 7, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7511
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7511. Control of alarm devices and automatic dialing devices
(a) Automatic dialing devices.--A person may not attach or use an automatic
dialing device without doing all of the following:
(1) Providing the disclosure under subsection (b).
(2) Obtaining prior written approval from a public safety agency to use the
automatic dialing device to alert the public safety agency of an alarm
condition. The public safety agency shall not be responsible for any costs for
the installation and maintenance of any dedicated telephone line or equipment
associated with the alarm termination.
(b) Disclosure.--A person seeking approval under subsection (a) shall disclose the
telephone number of a person to be contacted if the automatic dialing device is
activated and all relevant facts concerning the design and layout of the premises
to be protected by the automatic dialing device. The person shall inform the
public safety agency of any change in the information required by this subsection
as soon as practicable.
False alarms prohibited.--
(1) A person that owns, uses or possesses an alarm device or automatic dialing
device may not, after causing or permitting three false alarms to occur in a
consecutive 12-month period, cause or permit a subsequent false alarm to occur
in the same consecutive 12-month period. A person that violates this paragraph
commits a summary offense and shall, upon conviction, be sentenced to pay a fine
of not more than $300.
(2) Venue for prosecution of an offense under this subsection shall lie at any
of the following places:
(i) Where the alarm originated.
(ii) Where the alarm was received by the:
(A) public service agency; or
(B) third person designated to notify the public service agency.
(3) Notwithstanding 42 Pa.C.S. s 3733 (relating to deposits into account) or any
other law, the disposition of fines shall be as follows:
(i) The fine shall be paid to the municipality if all of the following apply:
(A) The public safety agency which responded to the false alarm serves the
municipality.
(B) The prosecution is initiated by the public safety agency under clause (A)
or by the municipality.
(ii) The full amount of the fine shall be paid to the Commonwealth if all of
the following apply:
(A) The Pennsylvania State Police is the public safety agency which responded
to the false alarm.
(B) The prosecution is initiated by the Pennsylvania State Police.
There is no prosecution under subparagraph (i).
(d) Suspension or revocation of approval.--The public safety agency may refuse,
revoke or suspend the approval granted under subsection (a) if the public safety
agency determines any of the following:
(1) The request for approval contains a statement of material fact which is
false.
(2) The person failed to comply with this section.
(3) The person violated subsection .
(e) Local regulation of installers.--
(1) General rule.--Except as set forth in paragraph (2), nothing in this section
shall prohibit a municipality from requiring any individual who installs or
inspects alarm devices in such municipality to acquire a license, meet
educational requirements or pass an examination relating to competence to
perform such installations. Nothing in this section shall preclude
municipalities from doing any of the following:
(i) Denying or revoking local permits for failure to comply with local
ordinances.
(ii) Levying lawful taxes and fees.
(iii) Requiring the purchase of a business privilege license.
(2) Limitation.--A municipality may not require a licensed electrical contractor
to acquire a separate or additional license or certification to install or
inspect alarm devices if the electrical contractor is licensed by the
municipality and has passed an examination in the National Electrical Code, a
similar code or local electrical code and has at least two years' experience as
an electrical contractor.
(f) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Alarm." A communication to a public safety agency indicating that a crime, fire
or other emergency warranting immediate action by that public safety agency has
occurred or is occurring.
"Alarm device." A device designed to automatically transmit an alarm:
(1) directly to a public safety agency; or
(2) to a person that is instructed to notify the public safety agency of the
alarm.
"Automatic dialing device." A device which is interconnected to a telephone line
and preprogrammed to transmit the coded signal of an alarm to a dedicated
telephone trunk line or to dial a predetermined telephone number to an alarm to a
public safety agency.
"Dedicated telephone trunk line." A telephone line or lines which serve a public
safety agency which is dedicated to receiving transmissions from an automatic
dialing device.
"False alarm." The activation of an alarm device to which a public safety agency
responds when a crime, fire or other emergency has not occurred.
"Person." An individual, corporation, partnership, incorporated association or
other similar entity.
"Public safety agency." The Pennsylvania State Police or any municipal police or
fire department.
CREDIT(S)
1998, June 18, P.L. 503, No. 70, s 7, effective in 60 days. Amended 1998, Dec.
21, P.L. 1103, No, 149, s 5, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7512
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7512. Criminal use of communication facility
(a) Offense defined.--A person commits a felony of the third degree if that person
uses a communication facility to commit, cause or facilitate the commission or the
attempt thereof of any crime which constitutes a felony under this title or under
the act of April 14, 1972 (P.L. 233, No. 64), [FN1] known as The Controlled
Substance, Drug, Device and Cosmetic Act. Every instance where the communication
facility is utilized constitutes a separate offense under this section.
(b) Penalty.--A person who violates this section shall, upon conviction, be
sentenced to pay a fine of not more than $15,000 or to imprisonment for not more
than seven years, or both.
Definition.--As used in this section, the term "communication facility" means
a public or private instrumentality used or useful in the transmission of signs,
signals, writing, images, sounds, data or intelligence of any nature transmitted
in whole or in part, including, but not limited to, telephone, wire, radio,
electromagnetic, photoelectronic or photo-optical systems or the mail.
CREDIT(S)
1998, Dec. 21, P.L. 1240, No. 157, s 3, effective in 60 days.
[FN1] 35 P.S. s 780-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7513
Effective: February 1, 2004
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> ss 7513, 7514. Repealed by 2003, Sept. 30, P.L. 120, No. 24, s 2,
effective Feb. 1, 2004
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7514
Effective: February 1, 2004
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> ss 7513, 7514. Repealed by 2003, Sept. 30, P.L. 120, No. 24, s 2,
effective Feb. 1, 2004
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7515
Effective: December 9, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7515. Contingent compensation
(a) Offense defined.--
(1) No person may compensate or incur an obligation to compensate any person to
engage in lobbying for compensation contingent in whole or in part upon the
passage, defeat, approval or veto of legislation.
(2) No person may engage or agree to engage in lobbying for compensation
contingent in whole or in part upon the passage, defeat, approval or veto of
legislation.
(b) Penalty.--Any person who violates this section commits a misdemeanor of the
third degree.
Definition.--As used in this section, the term "lobbying" means an effort to
influence State legislative action for economic consideration.
CREDIT(S)
2002, Dec. 9, P.L. 1391, No. 172, s 4, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7516
Effective: September 6, 2011
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7516. Greyhound racing and simulcasting
(a) Racing.--A person who holds, conducts or operates a greyhound race for public
exhibition in this Commonwealth for monetary remuneration commits a misdemeanor of
the first degree.
(b) Simulcasting.--
(1) A person shall not transmit or receive interstate or intrastate simulcasting
of a greyhound race in this Commonwealth for monetary remuneration.
(2) A court of common pleas may impose a civil penalty of up to $10,000 upon any
person who violates this subsection.
CREDIT(S)
2004, May 21, P.L. 232, No. 36, s 2, effective July 20, 2004. Amended 2011, July
7, P.L. 210, No. 32, s 1, effective in 60 days [Sept. 6, 2011].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7517
Effective: August 29, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 75. Other Offenses (Refs & Annos)
>>>> s 7517. Commemorative service demonstration activities
(a) Legislative intent.--The General Assembly finds and declares that:
(1) Families have a substantial interest in organizing and attending
commemorative services for deceased relatives.
(2) The interests of families in privately and peacefully mourning the loss of
deceased relatives are violated when commemorative services are targeted for
picketing and other public demonstrations.
(3) Picketing of commemorative services causes emotional disturbance and
distress to grieving families who participate in commemorative services.
(4) Full opportunity exists under the terms and provisions of this section for
the exercise of freedom of speech and other constitutional rights at times other
than within one hour prior to, during and one hour following the commemorative
services.
(b) Offense defined.--A person commits a misdemeanor of the third degree if the
person engages in demonstration activities within 500 feet of any cemetery,
mortuary, church or other location being utilized for the purposes of a
commemorative service within one hour prior to, during and one hour following the
commemorative service.
Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Commemorative service." An event involving the gathering of individuals who
assemble:
(1) At a cemetery or other location during the burial, funeral, ceremony or
memorial service of a specific deceased person to mourn or honor the deceased
person or to pay respect to the family of the deceased person.
(2) In a building during the viewing, visitation, burial, funeral, ceremony or
memorial service of a specific deceased person to mourn or honor the deceased
person or to pay respect to the family of the deceased person.
(3) To participate in a procession to a cemetery, building or other location in
which a viewing, visitation, burial, funeral, ceremony or memorial service of a
specific deceased person is to be conducted to mourn or honor the deceased
person or to pay respect to the family of the deceased person.
"Demonstration activities." Any of the following:
(1) Any picketing or similar conduct.
(2) Any oration, speech or use of sound amplification equipment or device or
similar conduct that is not part of a commemorative service.
(3) The display of any placard, sign, banner, flag or similar device, unless
such display is part of a commemorative service.
(4) The distribution of any handbill, pamphlet, leaflet or other written or
printed matter, other than a program distributed as part of a commemorative
service.
CREDIT(S)
2006, June 30, P.L. 288, No. 63, s 1, effective in 60 days [Aug. 29, 2006].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7601
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter A. General Provisions
>>>> s 7601. Definitions
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Access." To intercept, instruct, communicate with, store data in, retrieve data
from or otherwise make use of any resources of a computer, computer system,
computer network or database.
"Computer." An electronic, magnetic, optical, hydraulic, organic or other
high-speed data processing device or system which performs logic, arithmetic or
memory functions and includes all input, output, processing, storage, software or
communication facilities which are connected or related to the device in a system
or network.
"Computer data." A representation of information, knowledge, facts, concepts or
instructions which is being prepared or has been prepared and is intended to be
processed, is being processed or has been processed in a computer or computer
network and may be in any form, whether readable only by a computer or only by a
human or by either, including, but not limited to, computer printouts, magnetic
storage media, punched card or stored internally in the memory of the computer.
"Computer network." The interconnection of two or more computers through the
usage of satellite, microwave, line or other communication medium.
"Computer operation." Arithmetic, logical, monitoring, storage or retrieval
functions and any combination thereof, including, but not limited to,
communication with, storage of data to or retrieval of data from any device or
human hand manipulation of electronic or magnetic impulses. In reference to a
particular computer, the term also includes any function for which that computer
was generally designed.
"Computer program." An ordered set of instructions or statements and related data
that, when automatically executed in actual or modified form in a computer system,
causes it to perform specified functions.
"Computer software." A set of computer programs, procedures or associated
documentation concerned with the operation of a computer system.
"Computer system." A set of related, connected or unconnected computer equipment,
devices and software.
"Computer virus." A computer program copied to, created on or installed to a
computer, computer network, computer program, computer software or computer system
without the informed consent of the owner of the computer, computer network,
computer program, computer software or computer system that may replicate itself
and that causes or can cause unauthorized activities within or by the computer,
computer network, computer program, computer software or computer system.
"Database." A representation of information, knowledge, facts, concepts or
instructions which are being prepared or processed or have been prepared or
processed in a formalized manner and are intended for use in a computer, computer
system or computer network, including, but not limited to, computer printouts,
magnetic storage media, punched cards or data stored internally in the memory of
the computer.
"Denial-of-service attack." An explicit attempt to prevent legitimate users of a
service from using that service, including, but not limited to:
(1) flooding a network, thereby preventing legitimate network traffic;
(2) disrupting connections between two computers, thereby preventing access to a
service;
(3) preventing a particular person from accessing a service; or
(4) disrupting service to a specific computer system or person.
"Deprive." To withhold property of another permanently or for so extended a
period as to appropriate a major portion of its economic value, or with intent to
restore only upon payment of reward or other compensation, or to dispose of the
property so as to make it unlikely that the owner will recover it.
"Economic value." The market value of property or an instrument which creates,
releases, discharges or otherwise affects a valuable legal right, privilege or
obligation at the time and place of the crime or, if such cannot be satisfactorily
ascertained, the cost of replacement of the property or instrument within a
reasonable time after the crime.
"Electronic mail service provider." A person who is an intermediary in sending or
receiving electronic mail or who provides to end- users of electronic mail
services the ability to send or receive electronic mail.
"Electronic mail transmission information." Information used to identify the
origin or destination of a transmission or to aid in its routing, including
information recorded as part of electronic mail whether or not such information is
displayed initially to the user upon receipt of electronic mail, that purports to
represent the information used to identify the origin or destination of a
transmission or to aid in its routing.
"Established business relationship." A prior or existing relationship formed by a
voluntary two-way communication initiated by a person or entity and a recipient
with or without an exchange of consideration, on the basis of an inquiry,
application purchase or transaction by the recipient regarding products or
services offered by such persons or entity. In regard to an inquiry, the person
or entity shall obtain the consent of a recipient beyond the initial inquiry. An
established business relationship does not exist if the recipient requests to be
removed from the distribution lists of an initiator.
"Fax." The transmission of the facsimile of a document through a connection with
a telephone or computer network.
"Financial instrument." Includes, but is not limited to, any check, draft,
warrant, money order, note, certificate of deposit, letter of credit, bill of
exchange, credit or debit card, transaction authorization mechanism, marketable
security or any computer system representation thereof.
"Internet service provider." A person who furnishes a service that enables users
to access content, information, electronic mail or other services offered over the
Internet.
"Person." Any individual, corporation, partnership, association, organization or
entity capable of holding a legal or beneficial interest in property.
"Property." Includes, but is not limited to, financial instruments, computer
software and programs in either machine or human readable form, and anything of
value, tangible or intangible.
"Telecommunication device." Any type of instrument, device, machine or equipment
which is capable of transmitting, acquiring, decrypting or receiving any
telephonic, electronic, data, Internet access, audio, video, microwave or radio
transmissions, signals, communications or services, including the receipt,
acquisition, transmission or decryption of all such communications, transmissions,
signals or services over any cable television, telephone, satellite, microwave,
radio or wireless distribution system or facility, or any part, accessory or
component thereof, including any computer circuit, security module, smart card,
software, computer chip, electronic mechanism or other component, accessory or
part which is capable of facilitating the transmission, decryption, acquisition or
reception of all such communications transmissions, signals or services.
"Wireless advertisement." The initiation of a telephone call or a message capable
of providing text, graphic or image messages by a commercial mobile service
provider, unlicensed wireless services provider or common carrier wireless
exchange access service provider for the purpose of marketing goods or services.
The term does not include a call or message to a person with that person's prior
express invitation or permission or to a person with whom the caller has an
established business relationship.
"World Wide Web." Includes, but is not limited to, a computer server-based file
archive accessible over the Internet, using a hypertext transfer protocol, file
transfer protocol or other similar protocols.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7602
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter A. General Provisions
>>>> s 7602. Jurisdiction
An offense under this chapter may be deemed to have been committed either at the
place where conduct constituting an element of the offense occurred or at the
place where the result which is an element of the offense occurred within this
Commonwealth in accordance with section 102 (relating to territorial
applicability). It shall be no defense to a violation of this chapter that some of
the acts constituting the offense occurred outside of this Commonwealth.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7603
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter A. General Provisions
>>>> s 7603. Restitution
Upon conviction of an offense under section 7611 (relating to unlawful use of
computer and other computer crimes), 7612 (relating to disruption of service) or
7616 (relating to distribution of computer virus), the sentence shall include an
order for restitution to the victim for:
(1) the cost of repairing or replacing the affected computer, computer system,
computer network, computer software, computer program, computer database, World
Wide Web site or telecommunication device;
(2) lost profits for the period that the computer, computer system, computer
network, computer software, computer program, computer database, World Wide Web
site or telecommunication device is not usable; or
(3) the cost of replacing or restoring the data lost or damaged as a result of a
violation of section 7611, 7612 or 7616.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7604
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter A. General Provisions
>>>> s 7604. Concurrent jurisdiction
The Attorney General shall have concurrent prosecutorial jurisdiction with the
county district attorney for violations of this chapter. No person charged with a
violation of this section by the Attorney General shall have standing to challenge
the authority of the Attorney General to prosecute the case, and, if any such
challenge is made, the challenge shall be dismissed and no relief shall be
available in the courts of this Commonwealth to the person making the challenge.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7605
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter A. General Provisions
>>>> s 7605. Defense
It is a defense to an action brought pursuant to Subchapter B (relating to hacking
and similar offenses) that the actor:
(1) was entitled by law or contract to engage in the conduct constituting the
offense; or
(2) reasonably believed that he had the authorization or permission of the
owner, lessee, licensee, authorized holder, authorized possessor or agent of the
computer, computer network, computer software, computer system, database or
telecommunication device or that the owner or authorized holder would have
authorized or provided permission to engage in the conduct constituting the
offense. As used in this section, the term "authorization" includes express or
implied consent, including by trade usage, course of dealing, course of
performance or commercial programming practices.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7606
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter A. General Provisions
>>>> s 7606. Construction
Nothing in Subchapter B (relating to hacking and similar offenses) shall be
construed to interfere with or prohibit terms or conditions in a contract or
license related to a computer, computer network, computer software, computer
system, database or telecommunication device or software or hardware designed to
allow a computer, computer network, computer software, computer system, database
or telecommunications device to operate in the ordinary course of a lawful
business or that is designed to allow an owner or authorized holder of information
to protect data information or rights in it.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 76,
Subch. B, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter B. Hacking and Similar Offenses
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7611
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter B. Hacking and Similar Offenses (Refs & Annos)
>>>> s 7611. Unlawful use of computer and other computer crimes
(a) Offense defined.--A person commits the offense of unlawful use of a computer
if he:
(1) accesses or exceeds authorization to access, alters, damages or destroys any
computer, computer system, computer network, computer software, computer
program, computer database, World Wide Web site or telecommunication device or
any part thereof with the intent to interrupt the normal functioning of a person
or to devise or execute any scheme or artifice to defraud or deceive or control
property or services by means of false or fraudulent pretenses, representations
or promises;
(2) intentionally and without authorization accesses or exceeds authorization to
access, alters, interferes with the operation of, damages or destroys any
computer, computer system, computer network, computer software, computer
program, computer database, World Wide Web site or telecommunication device or
any part thereof; or
(3) intentionally or knowingly and without authorization gives or publishes a
password, identifying code, personal identification number or other confidential
information about a computer, computer system, computer network, computer
database, World Wide Web site or telecommunication device.
(b) Grading.--An offense under this section shall constitute a felony of the third
degree.
Prosecution not prohibited.--Prosecution for an offense under this section
shall not prohibit prosecution under any other section of this title.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7612
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter B. Hacking and Similar Offenses (Refs & Annos)
>>>> s 7612. Disruption of service
(a) Offense defined.--A person commits an offense if he intentionally or knowingly
engages in a scheme or artifice, including, but not limited to, a denial of
service attack upon any computer, computer system, computer network, computer
software, computer program, computer server, computer database, World Wide Web
site or telecommunication device or any part thereof that is designed to block,
impede or deny the access of information or initiation or completion of any sale
or transaction by users of that computer, computer system, computer network,
computer software, computer program, computer server or database or any part
thereof.
(b) Grading.--An offense under this section shall constitute a felony of the third
degree.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7613
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter B. Hacking and Similar Offenses (Refs & Annos)
>>>> s 7613. Computer theft
(a) Offense defined.--A person commits an offense if he unlawfully accesses or
exceeds his authorization to access any data from a computer, computer system or
computer network or takes or copies any supporting documentation whether existing
or residing internal or external to a computer, computer system or computer
network of another with the intent to deprive him thereof.
(b) Grading.--An offense under this section shall constitute a felony of the third
degree.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7614
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter B. Hacking and Similar Offenses (Refs & Annos)
>>>> s 7614. Unlawful duplication
(a) Offense defined.--A person commits the offense of unlawful duplication if he
makes or causes to be made an unauthorized copy, in any form, including, but not
limited to, any printed or electronic form of computer data, computer programs or
computer software residing in, communicated by or produced by a computer or
computer network.
(b) Grading.--An offense under subsection (a) shall be graded as follows:
(1) An offense under this section shall constitute a felony of the third degree.
(2) If the economic value of the duplicated material is greater than $2,500, the
grading of the offense shall be one grade higher than specified in paragraph
(1).
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7615
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter B. Hacking and Similar Offenses (Refs & Annos)
>>>> s 7615. Computer trespass
(a) Offense defined.--A person commits the offense of computer trespass if he
knowingly and without authority or in excess of given authority uses a computer or
computer network with the intent to:
(1) temporarily or permanently remove computer data, computer programs or
computer software from a computer or computer network;
(2) cause a computer to malfunction, regardless of the amount of time the
malfunction persists;
(3) alter or erase any computer data, computer programs or computer software;
(4) effect the creation or alteration of a financial instrument or of an
electronic transfer of funds; or
(5) cause physical injury to the property of another.
(b) Grading.--An offense under this section shall constitute a felony of the third
degree.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7616
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter B. Hacking and Similar Offenses (Refs & Annos)
>>>> s 7616. Distribution of computer virus
(a) Offense defined.--A person commits an offense if the person intentionally or
knowingly sells, gives or otherwise distributes or possesses with the intent to
sell, give or distribute computer software or a computer program that is designed
or has the capability to:
(1) prevent, impede, control, delay or disrupt the normal operation or use of a
computer, computer program, computer software, computer system, computer
network, computer database, World Wide Web site or telecommunication device; or
(2) degrade, disable, damage or destroy the performance of a computer, computer
program, computer software, computer system, computer network, computer
database, World Wide Web site or telecommunication device or any combination
thereof.
(b) Grading.--An offense under this section shall constitute a felony of the third
degree.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. II, Art. G, Ch. 76,
Subch. C, Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7621
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7621. Definitions
The following words and phrases when used in this subchapter shall have the
meanings given to them in this section unless the context clearly indicates
otherwise:
"Child pornography." As described in section 6312 (relating to sexual abuse of
children).
"Internet." The myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the interconnected worldwide
network of networks that employ the transmission control protocol/Internet
protocol or any predecessor or successor protocols to such protocol to communicate
information of all kinds by wire or radio.
"Internet service provider." A person who provides a service that enables users
to access content, information, electronic mail or other services offered over the
Internet.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7622
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7622. Duty of Internet service provider
An Internet service provider shall remove or disable access to child pornography
items residing on or accessible through its service in a manner accessible to
persons located within this Commonwealth within five business days of when the
Internet service provider is notified by the Attorney General pursuant to section
7628 (relating to notification procedure) that child pornography items reside on
or are accessible through its service.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7623
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7623. Protection of privacy
Nothing in this subchapter may be construed as imposing a duty on an Internet
service provider to actively monitor its service or affirmatively seek evidence of
illegal activity on its service.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7624
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7624. Penalty
Notwithstanding any other provision of law to the contrary, any Internet service
provider who violates section 7622 (relating to duty of Internet service provider)
commits:
(1) A misdemeanor of the third degree for a first offense punishable by a fine
of $5,000.
(2) A misdemeanor of the second degree for a second offense punishable by a fine
of $20,000.
(3) A felony of the third degree for a third or subsequent offense punishable by
a fine of $30,000 and imprisonment for a maximum of seven years.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7625
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7625. Jurisdiction for prosecution
The Attorney General shall have concurrent prosecutorial jurisdiction with the
county district attorney for violations of this subchapter. No person charged
with a violation of this subchapter by the Attorney General shall have standing to
challenge the authority of the Attorney General to prosecute the case. If a
challenge is made, the challenge shall be dismissed and no relief shall be
available in the courts of this Commonwealth to the person making the challenge.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7626
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7626. Application for order to remove or disable items
An application for an order of authorization to remove or disable items residing
on or accessible through an Internet service provider's service shall be made to
the court of common pleas having jurisdiction in writing upon the personal oath or
affirmation of the Attorney General or a district attorney of the county wherein
the items have been discovered and, if available, shall contain all of the
following information:
(1) A statement of the authority of the applicant to make the application.
(2) A statement of the identity of the investigative or law enforcement officer
that has, in the official scope of that officer's duties, discovered the child
pornography items.
(3) A statement by the investigative or law enforcement officer who has
knowledge of relevant information justifying the application.
(4) The Uniform Resource Locator providing access to the items.
(5) The identity of the Internet service provider used by the law enforcement
officer.
(6) A showing that there is probable cause to believe that the items constitute
a violation of section 6312 (relating to sexual abuse of children).
(7) A proposed order of authorization for consideration by the judge.
(8) Contact information for the Office of Attorney General, including the name,
address and telephone number of any deputy or agent authorized by the Attorney
General to submit notification.
(9) Additional testimony or documentary evidence in support of the application
as the judge may require.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7627
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7627. Order to remove or disable certain items from Internet
service provider's service
Upon consideration of an application, the court may enter an order, including an
ex parte order as requested, advising the Attorney General or a district attorney
that the items constitute probable cause evidence of a violation of section 6312
(relating to sexual abuse of children) and that such items shall be removed or
disabled from the Internet service provider's service. The court may include such
other information in the order as the court deems relevant and necessary.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7628
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7628. Notification procedure
(a) Duty of Attorney General.--The Attorney General shall have exclusive
jurisdiction to notify Internet service providers under this subchapter. The
Attorney General shall initiate notification under this subchapter if requested in
writing by a district attorney who has provided the Attorney General with a copy
of an application made under section 7626 (relating to application to remove or
disable items) and a copy of the order issued under section 7627 (relating to
order to remove or disable certain items from Internet service provider's service)
or upon the issuance of an order based upon an application filed by the Attorney
General.
(b) Timely notification.--For purposes of this section, an Internet service
provider or the person designated by the Internet service provider as provided for
in section 7629 (relating to designated agent) shall be notified in writing by the
Attorney General within three business days of the Attorney General's receipt of
an order.
Contents.--The notice shall include the following information:
(1) A copy of the application made under section 7626.
(2) A copy of the court order issued under section 7627.
(3) Notification that the Internet service provider must remove or disable the
items residing on or accessible through its service within five business days of
the date of receipt of the notification.
(4) Contact information for the Office of Attorney General, including the name,
address and telephone number of any deputy or agent authorized by the Attorney
General to submit notification pursuant to this subsection.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7629
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7629. Designated agent
An Internet service provider may designate an agent to receive notification
provided under section 7628 (relating to notification procedure).
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7630
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter C. Internet Child Pornography (Refs & Annos)
>>>> s 7630. Report to General Assembly
The Attorney General shall make an annual report to the chairman and minority
chairman of the Judiciary Committee of the Senate and to the chairman and minority
chairman of the Judiciary Committee of the House of Representatives providing
information on the number of notifications issued and the prosecutions made under
this subchapter and making any recommendations for amendatory language.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
VALIDITY
The Internet Child Pornography Act, 18 Pa.C.S.A. ss 7621 to 7630, was held
unconstitutional by the United States District Court for the Eastern District of
Pennsylvania in Center For Democracy & Technology v. Pappert, E.D.Pa.2004, 337
F.Supp.2d 606.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7641
Effective: January 3, 2006
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter D. Unlawful Use of Computers
>>>> s 7641. Computer-assisted remote harvesting of animals
(a) Offense defined.--A person who engages in computer-assisted remote harvesting
of an animal or provides or operates a facility for another person to engage in
computer-assisted remote harvesting of an animal commits a misdemeanor of the
third degree.
(b) Definitions.--As used in this section, "computer-assisted remote harvesting of
an animal" means the use of a computer or software to control remotely the aiming
and discharge of any implement that allows a person who is not physically present
at the location of that implement to harvest an animal located in this
Commonwealth. The term does not include such use at an establishment as defined
under section 2 of the act of July 9, 1968 (P.L. 304, No. 151), [FN1] known as
the Pennsylvania Meat and Poultry Hygiene Law of 1968.
CREDIT(S)
2005, Nov. 1, P.L. 329, No. 63, s 1, effective in 60 days [Jan. 3, 2006].
[FN1] 31 P.S. s 483.2.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7661
Effective: February 14, 2003
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article G. Miscellaneous Offenses
+ Chapter 76. Computer Offenses
+ Subchapter E. Electronic Mail
>>>> s 7661. Unlawful transmission of electronic mail
(a) Offense defined.--A person commits the offense of unlawful transmission of
electronic mail if he:
(1) Uses a computer or computer network without authority and with the intent to
falsify or forge electronic mail transmission information or other routine
information in any manner in connection with the transmission of unsolicited
electronic mail through or into the computer network of an electronic mail
service provider, Internet service provider or its subscribers.
(2) Sells, gives or otherwise distributes or possesses with the intent to sell,
give or distribute computer software which:
(i) is primarily designed or produced for the purpose of facilitating or
enabling the falsification of electronic mail transmission information or other
routing information;
(ii) has only limited commercially significant purpose or use other than to
facilitate or to enable the falsification of electronic mail transmission
information or other routing information; or
(iii) is marketed by that person or another person acting in concert with that
person with that person's knowledge for the use in facilitating or enabling the
falsification of electronic mail transmission information or other routing
information.
(b) Grading.--
(1) Except as provided in paragraphs (2) and (3), unlawful transmission of
electronic mail is a misdemeanor of the third degree punishable by a fine of not
more than $2,500.
(2) If there is damage to the property of another valued at $2,500 or more
caused by that person's reckless disregard for the consequences of his act in
violation of this section, unlawful transmission of electronic mail is a
misdemeanor of the first degree punishable by a fine of not more than $10,000.
(3) If there is damage to the property of another valued at $2,500 or more
caused by that person's malicious act in violation of this section, unlawful
transmission of electronic mail is a felony of the third degree punishable by a
fine of not more than $15,000.
Rights preserved.--Nothing in this section shall be construed to:
(1) Establish any liability by reason of terms or conditions adopted by or
technical measures implemented by an electronic mail service provider or
Internet service provider doing business in this Commonwealth to prevent the
transmission of unsolicited electronic mail in violation of this section.
(2) Interfere with or prohibit terms or conditions in a contract or license
related to computers, computer data, computer networks, computer operations,
computer programs, computer services or computer software.
(d) Definitions.--As used in this section, the term "electronic mail" shall
include facsimiles and wireless advertisements in addition to other electronic
mail.
CREDIT(S)
2002, Dec. 16, P.L. 1953, No. 226, s 3, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7701
Formerly cited as PA ST 18 P.S. s 1.2
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7701. Definitions
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Chop shop." A building, lot or other premises where one or more persons engage
in altering, destroying, disassembling, dismantling, reassembling, storing or
possessing a vehicle or vehicle part known to be illegally obtained by theft,
fraud or conspiracy to defraud in order to either:
(1) alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or
remove the identification, including, but not limited to, the vehicle
identification number of the vehicle or vehicle part, in order to misrepresent
the identity of the vehicle or vehicle part or to prevent the identification of
the vehicle or vehicle part; or
(2) sell or dispose of the vehicle or vehicle part.
"Person." A natural person, firm, copartnership, association or cooperation.
"Semitrailer." A trailer so constructed that some part of its weight rests upon
or is carried by the towing vehicle.
"Trailer." A vehicle designed to be towed by a motor vehicle.
"Vehicle." Every device in, upon or by which any person or property is or may be
transported or drawn upon a highway, except devices used exclusively upon rails or
tracks. The term does not include a self-propelled wheelchair or an electrical
mobility device operated by and designed for the exclusive use of a person with a
mobility-related disability.
"Vehicle identification number." A combination of numerals or letters, or both,
which a manufacturer of a vehicle assigns to a vehicle for identification purposes
or, in the absence of a manufacturer assigned number, which the Department of
Transportation assigns to a vehicle for identification purposes.
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7702
Formerly cited as PA ST 18 P.S. s 1.3
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7702. Owning, operating or conducting a chop shop
Any person who knowingly:
(1) owns, operates or conducts a chop shop; or
(2) transports, sells, transfers, purchases or receives any vehicle or vehicle
part that was illegally obtained either to or from a chop shop
commits a felony of the second degree and, upon conviction, shall be sentenced to
imprisonment for not more than ten years or a fine of not more than $100,000, or
both.
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7703
Formerly cited as PA ST 18 P.S. s 1.4
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7703. Alteration or destruction of vehicle identification number
Any person who alters, counterfeits, defaces, destroys, disguises, falsifies,
forges, obliterates or removes a vehicle identification number with the intent to
conceal or misrepresent the identity or prevent the identification of a vehicle or
vehicle part commits a felony of the third degree and, upon conviction, shall be
sentenced to imprisonment for not more than seven years or a fine of not more than
$50,000, or both.
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7704
Formerly cited as PA ST 18 P.S. s 1.4
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7704. Disposition of vehicle or vehicle part with altered vehicle
identification number
Any person who purchases, receives, disposes, sells, transfers or possesses a
vehicle or vehicle part with knowledge that the vehicle identification number of
the vehicle or vehicle part has been altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated or removed and with the intent to
conceal or misrepresent the identity or prevent the identification of a vehicle or
vehicle part commits a felony of the third degree and, upon conviction, shall be
sentenced to imprisonment for not more than seven years or a fine of not more than
$50,000, or both.
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7705
Formerly cited as PA ST 18 P.S. s 1.5
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7705. Exceptions
(a) Scrap processor.--The provisions of section 7702 (relating to owning,
operating or conducting a chop shop) shall not apply to a scrap processor who, in
the normal legal course of business and in good faith, processes a vehicle or
vehicle part by crushing, compacting or other similar methods, provided that any
vehicle identification number is not removed from the vehicle or vehicle part
prior to or during any such processing.
(b) Repair of vehicle.--The provisions of section 7702 shall not be construed to
prohibit the removal of a vehicle identification number plate from a vehicle part
that is damaged when:
(1) The removal is necessary for proper repair or matching identification of a
replacement vehicle part.
(2) The proper matching vehicle identification number plate is immediately and
properly secured to the repaired or replacement part.
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7706
Formerly cited as PA ST 18 P.S. s 1.6
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7706. Presumptions
(a) Vehicles.--Any person or persons who transport, sell, transfer, purchase,
possess or receive any vehicle or vehicle part upon which the vehicle
identification number has been altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated or removed or who fails to keep, possess
or produce the records required to be kept, possessed or produced for the vehicle
or vehicle part under 75 Pa.C.S. s 6308 (relating to investigation by police
officers) shall be prima facie evidence under section 7702 (relating to owning,
operating or conducting a chop shop) of that person's or persons' knowledge that
the vehicle or vehicle part was illegally obtained.
(b) Police report.--A police report which indicates that a vehicle or vehicle part
was reported to police to be in a stolen status at the time it was possessed shall
be prima facie evidence that the vehicle or vehicle part was possessed without
permission of the owner.
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7707
Formerly cited as PA ST 18 P.S. s 1.7
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7707. Loss of property rights to Commonwealth
(a) Forfeitures generally.--The following shall be subject to forfeiture to the
Commonwealth, and no property right shall exist in them:
(1) Any tool, implement or instrumentality, including, but not limited to, a
vehicle or vehicle part used or possessed in connection with any violation of
this chapter.
(2) All materials, products and equipment of any kind which are used or intended
for use in violation of this chapter.
(3) All books, records, microfilm, tapes and data which are used or intended for
use in violation of this chapter.
(4) All money, negotiable instruments, securities or other things of value used
or intended to be used to facilitate any violation of this chapter and all
proceeds traceable to any transactions in violation of this chapter.
(5) All real property used or intended to be used to facilitate any violation of
this chapter, including structures or other improvements thereon and including
any right, title and interest in the whole or any lot or tract of land and any
appurtenances or improvements which are used or intended to be used in any
manner or part to commit or to facilitate the commission of a violation of this
chapter.
(b) Exceptions.--
(1) No property shall be forfeited under this section, to the extent of the
interest of an owner, by reason of any act or omission established by the owner
to have been committed or omitted without the knowledge or consent of that
owner.
(2) No valid lien or encumbrance on real property shall be subject to forfeiture
or impairment under this paragraph. A lien which is fraudulent or intended to
avoid forfeiture under this section shall be invalid.
Process and seizure.--Property subject to forfeiture under this chapter may be
seized by the law enforcement authority upon process issued by a court of common
pleas having jurisdiction over the property. Seizure without process may be made
if:
(1) the seizure is incident to an arrest or a search warrant or inspection under
75 Pa.C.S. s 6308 (relating to investigation by police officers) or any other
administrative inspection;
(2) the property subject to seizure has been the subject of a proper judgment in
favor of the Commonwealth in a criminal injunction or forfeiture proceeding
under this chapter;
(3) there is probable cause to believe that the property is dangerous to health
or safety; or
(4) there is probable cause to believe that the property has been used or is
intended to be used in violation of this chapter.
(d) Seizure without process.--In the event seizure without process occurs as
provided in this chapter, proceeding for the issuance thereof shall be instituted
forthwith.
(e) Custody of property.--Property taken or detained under this section shall not
be subject to replevin but is deemed to be in the custody of the law enforcement
authority, subject only to the orders and decrees of the court of common pleas
having jurisdiction over the forfeiture proceedings and of the district attorney
or the Office of Attorney General. When property is seized under this chapter,
the law enforcement authority shall place the property under seal and either:
(1) remove the property to a place designated by it; or
(2) require that the district attorney or the Office of Attorney General take
custody of the property and remove it to an appropriate location for disposition
in accordance with law.
(f) Use of property held in custody.--
(1) Whenever property is forfeited under this chapter, the property shall be
transferred to:
(i) the custody of the district attorney, if the law enforcement authority
seizing the property has local or county jurisdiction; or
(ii) the Office of Attorney General, if the law enforcement authority seizing
the property has Statewide jurisdiction.
(2) The district attorney or the Office of Attorney General, where appropriate,
may:
(i) Retain the property for official use.
(ii) Sell any forfeited property which is not required to be destroyed by law
and which is not harmful to the public, but the proceeds from any such sale
must be used to pay all proper expenses of the proceeding for forfeiture and
sale, including expenses of seizure, maintenance of custody, advertising and
court costs. The balance of the proceeds shall be dealt with in accordance
with subsections (g) and (h).
(g) Use of cash, property or proceeds of property.--Cash or proceeds of forfeited
property transferred to the custody of the district attorney under subsection (f)
shall be placed in the operating fund of the county in which the district attorney
is elected. The appropriate county authority shall immediately release from the
operating fund, without restriction, a like amount for the use of the district
attorney in enforcing the criminal laws of this Commonwealth. The entity having
budgetary control shall not anticipate future forfeitures or proceeds from such
forfeitures in adoption and approval of the budget for the district attorney.
(h) Distribution of property among law enforcement authorities.--If both State and
municipal law enforcement authorities were substantially involved in effecting the
seizure, the court having jurisdiction over the forfeiture proceedings shall
equitably distribute the property between the district attorney and the Office of
Attorney General.
(i) Annual audit of forfeited property.--A county shall provide, through the
controller, board of auditors or other appropriate auditor and the district
attorney, an annual audit of all forfeited property and proceeds obtained under
this section. The audit shall not be made public but shall be submitted to the
Office of Attorney General. The county shall report all forfeited property and
proceeds obtained under this section and the disposition thereof to the Office of
Attorney General by September 30 of each year.
(j) Annual report; confidential information regarding property.--The Office of
Attorney General shall annually submit a report to the Appropriations Committee of
the Senate, the Appropriations Committee of the House of Representatives, the
Judiciary Committee of the Senate and the Judiciary Committee of the House of
Representatives specifying the forfeited property or proceeds thereof obtained
under this section. The report shall give an account of all proceeds derived from
the sale of forfeited property and the use made of unsold forfeited property. The
Office of Attorney General shall adopt procedures and guidelines governing the
release of information by the district attorney to protect the confidentiality of
forfeited property or proceeds used in ongoing enforcement activities.
(k) Proceeds and appropriations.--The proceeds or future proceeds from forfeited
property under this chapter shall be in addition to any appropriation made to the
Office of Attorney General.
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 7708
Formerly cited as PA ST 18 P.S. s 1.8
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
+ Article G. Miscellaneous Offenses
+ Chapter 77. Vehicle Chop Shop and Illegally Obtained and Altered
Property
>>>> s 7708. Procedure with respect to seized property subject to liens and
rights of lienholders
(a) General procedure.--The proceedings for the forfeiture or condemnation of
property, the sale of which is provided for under this chapter, shall be in rem in
which the Commonwealth shall be the plaintiff and the property the defendant. The
Pennsylvania Rules of Civil Procedure shall apply to all forfeiture proceedings
brought under this chapter. A petition shall be filed in the court of common
pleas of the judicial district where the property is located, verified by oath or
affirmation of an officer or citizen, containing the following:
(1) A description of the property seized.
(2) A statement of the time and place where seized.
(3) The owner, if known.
(4) The person or persons in possession, if known.
(5) An allegation that the property is subject to forfeiture under section 7707
(relating to loss of property rights to Commonwealth) and an averment of
material facts upon which the forfeiture action is based.
(6) A prayer for an order of forfeiture that the property be adjudged forfeited
to the Commonwealth and condemned and be ordered sold according to law unless
cause be shown to the contrary.
(b) Notice to property owners.--A copy of the petition required under subsection
(a) shall be served personally or by certified mail on the owner or upon the
person or persons in possession at the time of the seizure. The copy shall have
endorsed a notice as follows:
To the claimant of within described property: You are required to file an
answer to this petition, stating your title in and right to possession of the
property within 30 days from the service of this petition, and you are also
notified that, if you fail to file an answer, a decree of forfeiture and
condemnation will be entered against the property.
The notice shall be signed by the Attorney General, Deputy Attorney General,
district attorney, deputy district attorney or assistant district attorney.
Substitute notice.--
(1) If the owner of the property is unknown or there was no person in possession
of the property when seized or if the owner or such person or persons in
possession at the time of the seizure cannot be personally served or located
within the jurisdiction of the court, notice of the petition shall be given by
the Commonwealth through an advertisement in only one newspaper of general
circulation published in the county where the property was seized once a week
for two successive weeks. No other advertisement of any sort shall be
necessary, any other law to the contrary notwithstanding.
(2) The notice shall:
(i) contain a statement of the seizure of the property with a description of
the property and the place and date of seizure; and
(ii) direct any claimants to the property to file a claim on or before a date
given in the notice, which date shall not be less than 30 days from the date of
the first publication.
(3) If no claims are filed within 30 days of publication, the property shall
summarily forfeit to the Commonwealth.
(d) Property owners not in jurisdiction.--For purposes of this section, the owner
or other such person cannot be found in the jurisdiction of the court if:
(1) A copy of the petition is mailed to the last known address by certified mail
and is returned without a delivery.
(2) A personal service is attempted once but cannot be made at the last known
address.
(3) A copy of the petition is left at the last known address.
(e) Notice automatically waived.--
(1) The notice provisions of this section are automatically waived when the
owner, without good cause, fails to appear in court in response to a subpoena on
the underlying criminal charges.
(2) Forty-five days after such a failure to appear, if good cause has not been
demonstrated, the property shall summarily forfeit to the Commonwealth.
(f) Preservation of the property subject for forfeiture.--
(1) Upon application of the Commonwealth, the court may enter a restraining
order or injunction, require the execution of a satisfactory performance bond or
take any other action to preserve the availability of property described in
section 7707 for forfeiture under this section either:
(i) upon the filing of an information or an indictment charging a violation of
this chapter for which criminal forfeiture may be ordered under this chapter
and alleging that the property with respect to which the order is sought would
be subject to forfeiture; or
(ii) prior to the filing of such an indictment or information if, after notice
to persons appearing to have an interest in the property and an opportunity for
a hearing, the court determines that:
(A) There is a substantial probability that the Commonwealth will prevail on
the issue of forfeiture and that failure to enter the order will result in
the property being destroyed, removed from the jurisdiction of the court or
otherwise made unavailable for forfeiture.
(B) The need to preserve the availability of the property through the entry
of the requested order outweighs the hardship on any party against whom the
order is to be entered.
(2) An order entered under this subsection shall be effective for not more than
90 days unless extended by the court for good cause shown or unless an
indictment or information described in paragraph (1)(i) has been filed.
(g) Temporary restraining order.--
(1) A temporary restraining order under subsection (f) may be entered upon
application of the Commonwealth without notice or opportunity for a hearing when
an information or indictment has not yet been filed with respect to the property
if the Commonwealth demonstrates that:
(i) there is probable cause to believe that the property with respect to which
the order is sought would be subject to forfeiture under this chapter; and
(ii) the provision of notice will jeopardize the availability of the property
for forfeiture.
(2) Such temporary order shall expire not more than ten days after the date on
which it is entered, unless:
(i) extended for good cause shown; or
(ii) the party against whom it is entered consents to an extension for a longer
period.
(3) A hearing requested concerning an order entered under this subsection shall
be held at the earliest possible time and prior to the expiration of the
temporary order.
(h) Hearing regarding property; rules of evidence.--The court may receive and
consider at a hearing held under subsection (f) or (g) evidence and information
that would be inadmissible under the rules of evidence.
(i) Hearing time set.--Upon the filing of a claim for the property setting forth a
right of possession, the case shall be deemed at issue, and a time shall be fixed
for the hearing.
(j) Owner's burden of proof.--At the time of the hearing, if the Commonwealth
produces evidence that the property in question was unlawfully used, possessed or
otherwise subject to forfeiture under section 7706 (relating to presumptions), the
burden shall be upon the claimant to show that:
(1) The claimant is the owner of the property or the holder of a chattel
mortgage or contract of conditional sale thereon.
(2) The claimant lawfully acquired the property.
(3) It was not unlawfully used or possessed by the claimant. In the event that
it shall appear that the property was unlawfully used or possessed by a person
other than the claimant, then the claimant must show that the unlawful use or
possession was without the claimant's knowledge or consent. Such absence of
knowledge or consent must be reasonable under the circumstances presented.
(k) Court-ordered release of property.--
(1) If a person claiming the ownership of or right of possession to or claiming
to be the holder of a chattel mortgage or contract of conditional sale upon the
property, the disposition of which is provided for in this section, prior to the
sale presents a petition to the court alleging over the property lawful
ownership, right of possession, a lien or reservation of title and if, upon
public hearing, due notice of which having been given to the Office of Attorney
General or the district attorney, the claimant proves by competent evidence to
the satisfaction of the court:
(i) that the property was lawfully acquired, possessed and used by him; or
(ii) if it appears that the property was unlawfully used by a person other than
the claimant, that the unlawful use was without the claimant's knowledge or
consent,
then the court may order the property returned or delivered to the claimant.
(2) Such absence of knowledge or consent must be reasonable under the
circumstances presented. Otherwise, the property shall be retained for official
use or sold in accordance with section 7707(f).
CREDIT(S)
2012, Oct. 25, P.L. 1645, No. 203, s 2, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. III, Ch. 91, Refs &
Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
+ Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. III, Ch. 91, Subch. A,
Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information
+ Subchapter A. General Provisions
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9101
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 9101. Short title of chapter
This chapter shall be known and may be cited as the "Criminal History Record
Information Act."
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9102
Effective: January 28, 2005
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 9102. Definitions
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Administration of criminal justice." The activities directly concerned with the
prevention, control or reduction of crime, the apprehension, detention, pretrial
release, post-trial release, prosecution, adjudication, correctional supervision
or rehabilitation of accused persons or criminal offenders; criminal
identification activities; or the collection, storage dissemination or usage of
criminal history record information.
"Audit." The process of reviewing compliance with applicable Federal and State
laws and regulations related to the privacy and security of criminal history
record information.
"Automated systems." A computer or other internally programmed device capable of
automatically accepting and processing data, including computer programs, data
communication links, input and output data and data storage devices.
"Central repository." The central location for the collection, compilation,
maintenance and dissemination of criminal history record information by the
Pennsylvania State Police.
"Criminal history record information." Information collected by criminal justice
agencies concerning individuals, and arising from the initiation of a criminal
proceeding, consisting of identifiable descriptions, dates and notations of
arrests, indictments, informations or other formal criminal charges and any
dispositions arising therefrom. The term does not include intelligence
information, investigative information or treatment information, including medical
and psychological information, or information and records specified in section
9104 (relating to scope).
"Criminal justice agency." Any court, including the minor judiciary, with
criminal jurisdiction or any other governmental agency, or subunit thereof,
created by statute or by the State or Federal constitutions, specifically
authorized to perform as its principal function the administration of criminal
justice, and which allocates a substantial portion of its annual budget to such
function. Criminal justice agencies include, but are not limited to: organized
State and municipal police departments, local detention facilities, county,
regional and State correctional facilities, probation agencies, district or
prosecuting attorneys, parole boards, pardon boards, the facilities and
administrative offices of the Department of Public Welfare that provide care,
guidance and control to adjudicated delinquents, and such agencies or subunits
thereof, as are declared by the Attorney General to be criminal justice agencies
as determined by a review of applicable statutes and the State and Federal
Constitutions or both.
"Disposition." Information indicating that criminal proceedings have been
concluded, including information disclosing that police have elected not to refer
a matter for prosecution, that a prosecuting authority has elected not to commence
criminal proceedings or that a grand jury has failed to indict and disclosing the
nature of the termination of the proceedings; or information disclosing that
proceedings have been indefinitely postponed and also disclosing the reason for
such postponement. Dispositions of criminal proceedings in the Commonwealth shall
include, but not be limited to, acquittal, acquittal by reason of insanity,
pretrial probation or diversion, charge dismissed, guilty plea, nolle prosequi, no
information filed, nolo contendere plea, convicted, abatement, discharge under
rules of the Pennsylvania Rules of Criminal Procedure, demurrer sustained,
pardoned, sentence commuted, mistrial-defendant discharged, discharge from
probation or parole or correctional supervision.
"Dissemination." The oral or written transmission or disclosure of criminal
history record information to individuals or agencies other than the criminal
justice agency which maintains the information.
"Expunge."
(1) To remove information so that there is no trace or indication that such
information existed;
(2) to eliminate all identifiers which may be used to trace the identity of an
individual, allowing remaining data to be used for statistical purposes; or
(3) maintenance of certain information required or authorized under the
provisions of section 9122 (relating to expungement), when an individual has
successfully completed the conditions of any pretrial or posttrial diversion or
probation program.
"Intelligence information." Information concerning the habits, practices,
characteristics, possessions, associations or financial status of any individual
compiled in an effort to anticipate, prevent, monitor, investigate or prosecute
criminal activity. Notwithstanding the definition of "treatment information"
contained in this section, intelligence information may include information on
prescribing, dispensing, selling, obtaining or using a controlled substance as
defined in the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled
Substance, Drug, Device and Cosmetic Act. [FN1]
"Investigative information." Information assembled as a result of the performance
of any inquiry, formal or informal, into a criminal incident or an allegation of
criminal wrongdoing and may include modus operandi information.
"Police blotter." A chronological listing of arrests, usually documented
contemporaneous with the incident, which may include, but is not limited to, the
name and address of the individual charged and the alleged offenses.
"Repository." Any location in which criminal history record information is
collected, compiled, maintained and disseminated by a criminal justice agency.
"Treatment information." Information concerning medical, psychiatric,
psychological or other rehabilitative treatment provided, suggested or prescribed
for any individual charged with or convicted of a crime.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 2, imd. effective; 1982, June 11, P.L. 476, No. 138, s
3, effective in 180 days; 1990, Dec. 19, P.L. 1332, No. 207, s 3, imd.
effective; 2004, Nov. 29, P.L. 1349, No. 173, s 2, effective Jan. 28, 2005.
[FN1] 35 P.S. s 780-101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9103
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 9103. Applicability
This chapter shall apply to persons within this Commonwealth and to any agency of
the Commonwealth or its political subdivisions which collects, maintains,
disseminates or receives criminal history record information.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9104
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 9104. Scope
(a) General rule.--Except for the provisions of Subchapter B (relating to
completeness and accuracy), [FN1] Subchapter D (relating to security) [FN2] and
Subchapter F (relating to individual right of access and review), [FN3] nothing in
this chapter shall be construed to apply to:
(1) Original records of entry compiled chronologically, including, but not
limited to, police blotters and press releases that contain criminal history
record information and are disseminated contemporaneous with the incident.
(2) Any documents, records or indices prepared or maintained by or filed in any
court of this Commonwealth, including but not limited to the minor judiciary.
(3) Posters, announcements, or lists for identifying or apprehending fugitives
or wanted persons.
(4) Announcements of executive clemency.
(b) Court dockets, police blotters and press releases.--Court dockets, police
blotters and press releases and information contained therein shall, for the
purpose of this chapter, be considered public records.
Substitutes for court dockets.--Where court dockets are not maintained any
reasonable substitute containing that information traditionally available in court
dockets shall, for the purpose of this chapter, be considered public records.
(d) Certain disclosures authorized.--Nothing in this chapter shall prohibit a
criminal justice agency from disclosing an individual's prior criminal activity to
an individual or agency if the information disclosed is based on records set forth
in subsection (a).
(e) Noncriminal justice agencies.--Information collected by noncriminal justice
agencies and individuals from the sources identified in this section shall not be
considered criminal history record information.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 3, imd. effective; 1982 June 11, P.L. 476, No. 138, s 4,
effective in 180 days.
[FN1] 18 Pa.C.S.A. s 9111 et seq.
[FN2] 18 Pa.C.S.A. s 9131.
[FN3] 18 Pa.C.S.A. s 9151 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9105
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 9105. Other criminal justice information
Nothing in this chapter shall be construed to apply to information concerning
juveniles, except as provided in section 9123 (relating to juvenile records),
unless they have been adjudicated as adults, nor shall it apply to intelligence
information, investigative information, treatment information, including medical
and psychiatric information, caution indicator information, modus operandi
information, wanted persons information, stolen property information, missing
persons information, employment history information, personal history information,
nor presentence investigation information. Criminal history record information
maintained as a part of these records shall not be disseminated unless in
compliance with the provisions of this chapter.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9106
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter A. General Provisions (Refs & Annos)
>>>> s 9106. Information in central repository or automated systems
(a) General rule.--Intelligence information, investigative information and
treatment information shall not be collected in the central repository. This
prohibition shall not preclude the collection in the central repository of names,
words, numbers, phrases or other similar index keys to serve as indices to
investigative reports.
(b) Collection of protected information.--
(1) Intelligence information may be placed in an automated or electronic
criminal justice system only if the following apply:
(i) The criminal justice agency has reasonable suspicion of criminal activity.
(ii) Access to the intelligence information contained in the automated or
electronic criminal justice system is restricted to the authorized employees of
the criminal justice agency and cannot be accessed by any other individuals
inside or outside of the agency.
(iii) The intelligence information is related to criminal activity that would
give rise to prosecution for a State offense graded a misdemeanor or felony, or
for a Federal offense for which the penalty is imprisonment for more than one
year. Intelligence information shall be categorized based upon subject matter.
(iv) The intelligence information is not collected in violation of State law.
(2) Intelligence information may not be collected or maintained in an automated
or electronic criminal justice system concerning participation in a political,
religious or social organization, or in the organization or support of any
nonviolent demonstration, assembly, protest, rally or similar form of public
speech, unless there is a reasonable suspicion that the participation by the
subject of the information is related to criminal activity or prison rule
violation.
(3) Investigative information and treatment information contained in files of
any criminal justice agency may be placed within an automated or electronic
criminal justice information system, provided that access to the investigative
information and treatment information contained in the automated or electronic
criminal justice information system is restricted to authorized employees of
that agency and cannot be accessed by individuals outside of the agency.
Dissemination of protected information.--
(1) Intelligence information may be placed within an automated or electronic
criminal justice information system and disseminated only if the following
apply:
(i) The information is reliable as determined by an authorized intelligence
officer.
(ii) The department, agency or individual requesting the information is a
criminal justice agency which has policies and procedures adopted by the Office
of Attorney General in consultation with the Pennsylvania State Police which
are consistent with this act and include:
(A) Designation of an intelligence officer or officers by the head of the
criminal justice agency or his designee.
(B) Adoption of administrative, technical and physical safeguards, including
audit trails, to insure against unauthorized access and against intentional
or unintentional damages.
Labeling information to indicate levels of sensitivity and levels of
confidence in the information.
(iii) The information is requested in connection with the duties of the
criminal justice agency requesting the information, and the request for
information is based upon a name, fingerprints, modus operandi, genetic typing,
voice print or other identifying characteristic.
(2) If an intelligence officer of a disseminating agency is notified that
intelligence information which has been previously disseminated to another
criminal justice agency is materially misleading, obsolete or otherwise
unreliable, the information shall be corrected and the recipient agency notified
of the change within a reasonable period of time.
(3) Criminal justice agencies shall establish retention schedules for
intelligence information. Intelligence information shall be purged under the
following conditions:
(i) The data is no longer relevant or necessary to the goals and objectives of
the criminal justice agency.
(ii) The data has become obsolete, making it unreliable for present purposes
and the utility of updating the data would be worthless.
(iii) The data cannot be utilized for strategic or tactical intelligence
studies.
(4) Investigative and treatment information shall not be disseminated to any
department, agency or individual unless the department, agency or individual
requesting the information is a criminal justice agency which requests the
information in connection with its duties, and the request is based upon a name,
fingerprints, modus operandi, genetic typing, voice print or other identifying
characteristic.
(5) Each municipal police department accessing automated information shall file
a copy of its procedures with the Pennsylvania State Police for approval. Such
plan shall be reviewed within 60 days.
(6) Each district attorney accessing automated information shall file a copy of
its procedures with the Office of Attorney General for approval. Such plan
shall be reviewed within 60 days.
(d) Secondary dissemination prohibited.--A criminal justice agency which possesses
information protected by this section, but which is not the source of the
information, shall not disseminate or disclose the information to another criminal
justice agency but shall refer the requesting agency to the agency which was the
source of the information. This prohibition shall not apply if the agency
receiving the information is investigating or prosecuting a criminal incident in
conjunction with the agency possessing the information. Agencies receiving
information protected by this section assume the same level of responsibility for
the security of such information as the agency which was the source of the
information.
(e) Notations of the record.--Criminal justice agencies maintaining intelligence
information, investigative information or treatment information must enter, as a
permanent part of an individual's information file, a listing of all persons and
agencies to whom they have disseminated that particular information, the date of
the dissemination and the purpose for which the information was disseminated.
This listing shall be maintained separate from the record itself.
(f) Security requirements.--Every criminal justice agency collecting, storing or
disseminating intelligence information, investigative information or treatment
information shall insure the confidentiality and security of such information by
providing that, wherever such information is maintained, a criminal justice agency
must:
(1) institute procedures to reasonably protect any repository from theft, fire,
sabotage, flood, wind or other natural or manmade disasters;
(2) select, supervise and train all personnel authorized to have access to
intelligence information, investigative information or treatment information;
(3) insure that, where computerized data processing is employed, the equipment
utilized for maintaining intelligence information, investigative information or
treatment information is dedicated solely to purposes related to the
administration of criminal justice or, if the equipment is not used solely for
the administration of criminal justice, the criminal justice agency is accorded
equal management participation in computer operations used to maintain the
intelligence information, investigative information or treatment information.
(g) Penalties.--Any person, including any agency or organization, who violates the
provisions of this section shall be subject to the administrative penalties
provided in section 9181 (relating to general administrative sanctions) and the
civil penalties provided in section 9183 (relating to civil actions) in addition
to any other civil or criminal penalty provided by law.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 3, imd. effective; 1990, Dec. 19, P.L. 1332, No. 207, s
4, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9111
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter B. Completeness and Accuracy
>>>> s 9111. Duties of criminal justice agencies
It shall be the duty of every criminal justice agency within the Commonwealth to
maintain complete and accurate criminal history record information and to report
such information at such times and in such manner as required by the provisions of
this chapter or other applicable statutes.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9112
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter B. Completeness and Accuracy
>>>> s 9112. Mandatory fingerprinting
(a) General rule.--Fingerprints of all persons arrested for a felony, misdemeanor
or summary offense which becomes a misdemeanor on a second arrest after conviction
of that summary offense, shall be taken by the arresting authority, and within 48
hours of the arrest, shall be forwarded to, and in a manner and such a form as
provided by, the central repository.
(b) Other cases.--
(1) Where private complaints for a felony or misdemeanor result in a conviction,
the court of proper jurisdiction shall order the defendant to submit for
fingerprinting by the municipal police of the jurisdiction in which the offense
was allegedly committed or in the absence of a police department, the State
Police. Fingerprints so obtained shall, within 48 hours, be forwarded to the
central repository in a manner and in such form as may be provided by the
central repository.
(2) Where defendants named in police complaints are proceeded against by
summons, or for offenses under section 3929 (relating to retail theft), the
court of proper jurisdiction shall order the defendant to submit within five
days of such order for fingerprinting by the municipal police of the
jurisdiction in which the offense allegedly was committed or, in the absence of
a police department, the State Police. Fingerprints so obtained shall, within
48 hours, be forwarded to the central repository in a manner and in such form as
may be provided by the central repository.
Transmittal of information.--The central repository shall transmit the
criminal history record information to the criminal justice agency which submitted
a complete, accurate and classifiable fingerprint card.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 3, imd. effective; 1982, June 11, P.L. 476, No. 138, s
4, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9113
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter B. Completeness and Accuracy
>>>> s 9113. Disposition reporting by criminal justice agencies
(a) Reports of dispositions required.--All criminal justice agencies, including
but not limited to, courts, county, regional and State correctional institutions
and parole and probation agencies, shall collect and submit reports of
dispositions occurring within their respective agencies for criminal history
record information, within 90 days of the date of such disposition to the central
repository as provided for in this section.
(b) Courts.--Courts shall collect and submit criminal court dispositions as
required by the Administrative Office of Pennsylvania Courts.
Correctional institutions.--County, regional and State correctional
institutions shall collect and submit information regarding the admission, release
and length of sentence of individuals sentenced to local and county institutions
as required by the Bureau of Correction.
(d) Probation and parole offices.--County probation and parole offices shall
collect and submit information relating to the length of time and charges for
which an individual is placed under and released from the jurisdiction of such
agency as required by the Pennsylvania Board of Probation and Parole.
(e) State agencies.--The Administrative Office of Pennsylvania Courts, the Bureau
of Correction, the Pennsylvania Board of Probation and Parole and the Pennsylvania
Board of Pardons shall collect and submit to the central repository such
information necessary to maintain complete and accurate criminal history record
information. Each State agency listed in this subsection shall submit to the
central repository any reports of dispositions occurring within their respective
agencies and such information reported from county and local criminal justice
agencies.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9114
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter B. Completeness and Accuracy
>>>> s 9114. Correction of inaccurate information
Within 15 days of the detection of inaccurate data in a criminal history record,
regardless of the manner of discovery, the criminal justice agency which reported
the information shall comply with the following procedures to effect correction:
(1) Correct its own records.
(2) Notify all recipients, including the central repository, of the inaccurate
data and the required correction.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
T. 18 Pa.C.S.A., Pt. III, Ch. 91, Subch. C,
Refs & Annos
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information
+ Subchapter C. Dissemination of Criminal History Record Information
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9121
Effective: October 28, 2002
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter C. Dissemination of Criminal History Record Information
(Refs & Annos)
>>>> s 9121. General regulations
(a) Dissemination to criminal justice agencies.--Criminal history record
information maintained by any criminal justice agency shall be disseminated
without charge to any criminal justice agency or to any noncriminal justice agency
that is providing a service for which a criminal justice agency is responsible.
(b) Dissemination to noncriminal justice agencies and individuals.-- Criminal
history record information shall be disseminated by a State or local police
department to any individual or noncriminal justice agency only upon request.
Except as provided in subsection (b.1):
(1) A fee may be charged by a State or local police department for each request
for criminal history record information by an individual or noncriminal justice
agency, except that no fee shall be charged to an individual who makes the
request in order to apply to become a volunteer with an affiliate of Big
Brothers of America or Big Sisters of America or with a rape crisis center or
domestic violence program.
(2) Before a State or local police department disseminates criminal history
record information to an individual or noncriminal justice agency, it shall
extract from the record all notations of arrests, indictments or other
information relating to the initiation of criminal proceedings where:
(i) three years have elapsed from the date of arrest;
(ii) no conviction has occurred; and
(iii) no proceedings are pending seeking a conviction.
(b.1) Exception.--Subsection (b)(1) and (2) shall not apply if the request is made
by a county children and youth agency or the Department of Public Welfare in the
performance of duties relating to children and youth under the act of June 24,
1937 (P.L. 2017, No. 396), [FN1] known as the County Institution District Law,
section 2168 of the act of August 9, 1955 (P.L. 323, No. 130), [FN2] known as The
County Code, the act of June 13, 1967 (P.L. 31, No. 21), [FN3] known as the Public
Welfare Code, 23 Pa.C.S. Ch. 63 (relating to child protective services) or 42
Pa.C.S. Ch. 63 (relating to juvenile matters).
Data required to be kept.--Any criminal justice agency which disseminates
criminal history record information must indicate to the recipient that the
information disseminated is only that information contained in its own file, the
date of the last entry, and that a summary of the Statewide criminal history
record information may be obtained from the central repository.
(d) Extracting from the record.--When criminal history record information is
maintained by a criminal justice agency in records containing investigative
information, intelligence information, treatment information or other nonpublic
information, the agency may extract and disseminate only the criminal history
record information if the dissemination is to be made to a noncriminal justice
agency or individual.
(e) Dissemination procedures.--Criminal justice agencies may establish reasonable
procedures for the dissemination of criminal history record information.
(f) Notations on record.--Repositories must enter as a permanent part of an
individual's criminal history record information file, a listing of all persons
and agencies to whom they have disseminated that particular criminal history
record information and the date and purpose for which the information was
disseminated. Such listing shall be maintained separate from the record itself.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 3, imd. effective; 1982, June 11, P.L. 476, No. 138, s
4, effective in 180 days; 1996, July 2, P.L. 480, No. 76, s 1, effective in 60
days; 1998, Dec. 21, P.L. 1103, No. 149, s 6, effective in 60 days; 2002, Oct.
28, P.L. 888, No. 129, s 1, imd. effective.
[FN1] 62 P.S. s 2201 et seq.
[FN2] 16 P.S. s 2168.
[FN3] 62 P.S. s 101 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9122
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter C. Dissemination of Criminal History Record Information
(Refs & Annos)
>>>> s 9122. Expungement
(a) Specific proceedings.--Criminal history record information shall be expunged
in a specific criminal proceeding when:
(1) no disposition has been received or, upon request for criminal history
record information, no disposition has been recorded in the repository within 18
months after the date of arrest and the court of proper jurisdiction certifies
to the director of the repository that no disposition is available and no action
is pending. Expungement shall not occur until the certification from the court
is received and the director of the repository authorizes such expungement;
(2) a court order requires that such nonconviction data be expunged; or
(3) a person 21 years of age or older who has been convicted of a violation of
section 6308 (relating to purchase, consumption, possession or transportation of
liquor or malt or brewed beverages), which occurred on or after the day the
person attained 18 years of age, petitions the court of common pleas in the
county where the conviction occurred seeking expungement and the person has
satisfied all terms and conditions of the sentence imposed for the violation,
including any suspension of operating privileges imposed pursuant to section
6310.4 (relating to restriction of operating privileges). Upon review of the
petition, the court shall order the expungement of all criminal history record
information and all administrative records of the Department of Transportation
relating to said conviction.
(b) Generally.--Criminal history record information may be expunged when:
(1) An individual who is the subject of the information reaches 70 years of age
and has been free of arrest or prosecution for ten years following final release
from confinement or supervision.
(2) An individual who is the subject of the information has been dead for three
years.
(3)(i) An individual who is the subject of the information petitions the court
for the expungement of a summary offense and has been free of arrest or
prosecution for five years following the conviction for that offense.
(ii) Expungement under this paragraph shall only be permitted for a conviction
of a summary offense.
(b.1) Prohibition.--A court shall not have the authority to order expungement of
the defendant's arrest record where the defendant was placed on Accelerated
Rehabilitative Disposition for a violation of any offense set forth in any of the
following where the victim is under 18 years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and performances).
Maintenance of certain information required or authorized.--Notwithstanding
any other provision of this chapter, the prosecuting attorney and the central
repository shall, and the court may, maintain a list of the names and other
criminal history record information of persons whose records are required by law
or court rule to be expunged where the individual has successfully completed the
conditions of any pretrial or post-trial diversion or probation program or where
the court has ordered expungement under this section. Such information shall be
used solely for the purposes of determining subsequent eligibility for such
programs, identifying persons in criminal investigations or determining the
grading of subsequent offenses. Such information shall be made available to any
court or law enforcement agency upon request.
(d) Notice of expungement.--Notice of expungement shall promptly be submitted to
the central repository which shall notify all criminal justice agencies which have
received the criminal history record information to be expunged.
(e) Public records.--Public records listed in section 9104(a) (relating to scope)
shall not be expunged.
(f) District attorney's notice.--The court shall give ten days prior notice to the
district attorney of the county where the original charge was filed of any
applications for expungement under the provisions of subsection (a)(2).
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective in 60 days. Amended 1982, June
11, P.L. 476, No. 138, s 4, effective in 180 days 1996, Oct. 16, P.L. 715, No.
128, s 1, effective in 60 days; 1997, April 22, P.L. 73, No. 5, s 4, effective in
60 days; 2004, Nov. 29, P.L. 1349, No. 173, s 3, effective in 60 days [Jan. 28,
2005]; 2008, Nov. 26, P.L. 1670, No. 134, s 1, effective in 60 days [Jan. 26,
2009]; 2012, Oct. 25, P.L. 1655, No. 204, s 3, effective in 60 days [Dec. 24,
2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9123
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter C. Dissemination of Criminal History Record Information
(Refs & Annos)
>>>> s 9123. Juvenile records
(a) Expungement of juvenile records.--Notwithstanding the provisions of section
9105 (relating to other criminal justice information) and except as provided under
subsection (a.1), expungement of records of juvenile delinquency cases and cases
involving summary offenses committed while the individual was under 18 years of
age, wherever kept or retained, shall occur after 30 days' notice to the district
attorney whenever the court upon its own motion or upon the motion of a child or
the parents or guardian finds:
(1) a complaint is filed which is not substantiated or the petition which is
filed as a result of a complaint is dismissed by the court;
(1.1) a written allegation is filed which was not approved for prosecution;
(1.2) six months have elapsed since the individual successfully completed an
informal adjustment and no proceeding seeking adjudication or conviction is
pending;
(2) six months have elapsed since the final discharge of the person from
supervision under a consent decree or diversion program, including a program
under 42 Pa.C.S. s 1520 (relating to adjudication alternative program) and no
proceeding seeking adjudication or conviction is pending;
(2.1) the individual is 18 years of age or older and six months have elapsed
since the individual has satisfied all terms and conditions of the sentence
imposed following a conviction for a summary offense, with the exception of a
violation of section 6308 (relating to purchase, consumption, possession or
transportation of liquor or malt or brewed beverages), committed while the
individual was under 18 years of age and the individual has not been convicted
of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending
to seek such conviction and adjudication;
(2.2) the individual is 18 years of age or older and has been convicted of a
violation of section 6308 which occurred while the individual was under 18 years
of age and six months have elapsed since the individual has satisfied all terms
and conditions of the sentence imposed for the violation, including any
suspension of operating privileges imposed under section 6310.4 (relating to
restriction of operating privileges). Expungement shall include all criminal
history record information and all administrative records of the Department of
Transportation relating to the conviction;
(3) five years have elapsed since the final discharge of the person from
commitment, placement, probation or any other disposition and referral and since
such final discharge, the person has not been convicted of a felony, misdemeanor
or adjudicated delinquent and no proceeding is pending seeking such conviction
or adjudication; or
(4) the attorney for the Commonwealth consents to the expungement and a court
orders the expungement after giving consideration to the following factors:
(i) the type of offense;
(ii) the individual's age, history of employment, criminal activity and drug or
alcohol problems;
(iii) adverse consequences that the individual may suffer if the records are
not expunged; and
(iv) whether retention of the record is required for purposes of protection of
the public safety.
(a.1) Exceptions.--Subsection (a) shall not apply if any of the following apply:
(1) The individual meets all of the following:
(i) Was 14 years of age or older at the time the individual committed an
offense which, if committed by an adult, would be classified as:
(A) An offense under section 3121 (relating to rape), 3123 (relating to
involuntary deviate sexual intercourse) or 3125 (relating to aggravated
indecent assault).
(B) An attempt, solicitation or conspiracy to commit an offense under section
3121, 3123 or 3125.
(ii) Was adjudicated delinquent for the offense under subparagraph (i).
(2) Upon cause shown.
(b) Notice to prosecuting attorney.--The court shall give notice of the
applications for the expungement of juvenile records to the prosecuting attorney.
Dependent children.--All records of children alleged to be or adjudicated
dependent may be expunged upon court order after the child is 21 years of age or
older.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 3, imd. effective; 1982, June 11, P.L. 476, No. 138, s
4, effective in 180 days 1986, Dec. 11, P.L. 1517, No. 164, s 3, effective in 60
days; 1995, March 15, P.L. 978, No. 7 (Spec. Sess. No. 1), s 1, effective in 60
days; 2012, July 5, P.L. 880, No. 91, s 2, effective Dec. 20, 2012; 2012, Oct.
25, P.L. 1655, No. 204, s 4, effective in 60 days [Dec. 24, 2012].
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9124
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter C. Dissemination of Criminal History Record Information
(Refs & Annos)
>>>> s 9124. Use of records by licensing agencies
(a) State agencies.--Except as provided by this chapter, a board, commission or
department of the Commonwealth, when determining eligibility for licensing,
certification, registration or permission to engage in a trade, profession or
occupation, may consider convictions of the applicant of crimes but the
convictions shall not preclude the issuance of a license, certificate,
registration or permit.
(b) Prohibited use of information.--The following information shall not be used in
consideration of an application for a license, certificate, registration or
permit:
(1) Records of arrest if there is no conviction of a crime based on the arrest.
(2) Convictions which have been annulled or expunged.
(3) Convictions of a summary offense.
(4) Convictions for which the individual has received a pardon from the
Governor.
(5) Convictions which do not relate to the applicant's suitability for the
license, certificate, registration or permit.
State action authorized. --Boards, commissions or departments of the
Commonwealth authorized to license, certify, register or permit the practice of
trades, occupations or professions may refuse to grant or renew, or may suspend or
revoke any license, certificate, registration or permit for the following causes:
(1) Where the applicant has been convicted of a felony.
(2) Where the applicant has been convicted of a misdemeanor which relates to the
trade, occupation or profession for which the license, certificate, registration
or permit is sought.
(d) Notice.--The board, commission or department shall notify the individual in
writing of the reasons for a decision which prohibits the applicant from
practicing the trade, occupation or profession if such decision is based in whole
or part on conviction of any crime.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 3, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9125
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter C. Dissemination of Criminal History Record Information
(Refs & Annos)
>>>> s 9125. Use of records for employment
(a) General rule.--Whenever an employer is in receipt of information which is part
of an employment applicant's criminal history record information file, it may use
that information for the purpose of deciding whether or not to hire the applicant,
only in accordance with this section.
(b) Use of information.--Felony and misdemeanor convictions may be considered by
the employer only to the extent to which they relate to the applicant's
suitability for employment in the position for which he has applied.
Notice.--The employer shall notify in writing the applicant if the decision
not to hire the applicant is based in whole or in part on criminal history record
information.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1979, Dec.
14, P.L. 556, No. 127, s 3, imd. effective; 1982, June 11, P.L. 476, No. 138, s
4, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9131
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter D. Security
>>>> s 9131. Security requirements for repositories
Every criminal justice agency collecting, storing or disseminating criminal
history record information shall ensure the confidentiality and security of
criminal history record information by providing that wherever such information is
maintained, a criminal justice agency must:
(1) Institute procedures to reasonably protect any repository from theft, fire,
sabotage, flood, wind or other natural or man-made disasters.
(2) Select, supervise and train all personnel authorized to have access to
criminal history record information.
(3) Ensure that, where computerized data processing is employed, the equipment
utilized for maintaining criminal history record information is solely dedicated
to purposes related to the administration of criminal justice, or, if the
equipment is not used solely for the administration of criminal justice, the
criminal justice agency shall be accorded equal management participation in
computer operations used to maintain the criminal history record information.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1982, June
11, P.L. 476, No. 138, s 4, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9141
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter E. Audit
>>>> s 9141. Audits
(a) Audit required.--
(1) The Attorney General shall conduct annual audits of the central repository
and of a representative sample of all repositories. The Office of Attorney
General shall conduct a review of State criminal justice agencies' automated
policies and procedures established pursuant to section 9106 (relating to
information in central repository or automated systems) to ensure that the
provisions of this chapter are upheld within two years of the effective date of
this act.
(2) The Pennsylvania State Police shall conduct an annual audit of at least 5%
of all municipal police department plans, policies or procedures which are
implemented pursuant to section 9106 to ensure that the provisions of this
chapter are upheld. The first such audit shall be conducted within two years of
the effective date of this act. A copy of the audit shall be submitted to the
Attorney General.
(b) Access to records.--Persons conducting the audit shall be provided access to
all records, reports and listings required to conduct an audit of criminal history
record information, and all persons with access to such information or authorized
to receive such information shall cooperate with and provide information
requested.
Contents of audit.--The audit shall contain a report of deficiencies and
recommendations for the correction of such deficiencies. Upon the completion of
every audit, the audited agency shall carry out the recommendations within a
reasonable period of time unless the audit report is appealed to the Attorney
General and the appeal is upheld.
(d) Modification of recommendations.--The Attorney General shall have the power to
modify the corrective measures recommended by the audit.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1990, Dec.
19, P.L. 1332, No. 207, s 5, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9142
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter E. Audit
>>>> s 9142. Quality control
Each repository shall establish effective procedures, in compliance with rules and
regulations promulgated by the Attorney General, for the completeness and accuracy
of criminal history record information.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9143
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter E. Audit
>>>> s 9143. Regulations
It shall be the duty and responsibility of the Attorney General, in consultation
with the Pennsylvania State Police, to adopt rules and regulations pursuant to
this act. The Office of Attorney General, in consultation with the Pennsylvania
State Police, shall have the power and authority to promulgate, adopt, publish and
use guidelines for the implementation of this act for a period of one year
immediately following the effective date of this section pending adoption of final
rules and regulations.
CREDIT(S)
1990, Dec. 19, P.L. 1332, No. 207, s 6, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9151
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter F. Individual Right of Access and Review
>>>> s 9151. Right to access and review
(a) General rule.--Any individual or his legal representative has the right to
review, challenge, correct and appeal the accuracy and completeness of his
criminal history record information.
(b) Prisoners.--Persons incarcerated in correctional facilities and institutions
may authorize a correctional employee to obtain a copy of their criminal history
record information for the purpose of review, challenge and appeal.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9152
Effective: October 17, 2008
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter F. Individual Right of Access and Review
>>>> s 9152. Procedure
(a) Rules and regulations.--The Attorney General in cooperation with appropriate
criminal justice agencies shall promulgate rules and regulations to implement this
section and shall establish reasonable fees.
(b) Requests for information.--Any individual requesting to review his or her own
criminal history record information shall submit proper identification to the
criminal justice agency which maintains his or her record. Proper identification
shall be determined by the officials of the repository where the request is made.
If criminal history record information exists the individual may review a copy of
such information without undue delay for the purpose of review and challenge.
Challenge of accuracy.--The individual may challenge the accuracy of his or
her criminal history record information by specifying which portion of the record
is incorrect and what the correct version should be. Failure to challenge any
portion of the record in existence at that time will place the burden of proving
the inaccuracy of any part subsequently challenged upon the individual.
Information subsequently added to such record shall also be subject to review,
challenge, correction or appeal.
(d) Review of challenge.--All criminal justice agencies shall have 60 days to
conduct a review of any challenge and shall have the burden of proving the
accuracy of the record. The decision on the challenge shall include all
information, including, but not limited to, the jurisdiction and docket number of
any relevant court decision which formed a basis for the decision. If the
challenge is deemed valid, the appropriate officials must ensure that:
(1) The criminal history record information is corrected.
(2) A certified and corrected copy of the criminal history record information is
provided to the individual.
(3) Prior erroneous criminal history record information disseminated to criminal
justice agencies shall be destroyed or returned and replaced with corrected
information.
(4) The individual is supplied with the names of those noncriminal justice
agencies and individuals which have received erroneous criminal history record
information.
(e) Appeals.--
(1) If the challenge is ruled invalid, an individual has the right to appeal the
decision to the Attorney General within 30 days of notification of the decision
by the criminal justice agency.
(2) The Attorney General shall conduct a hearing de novo in accordance with the
Administrative Agency Law. The burden of proof shall be upon the party bearing
the burden of proof on the challenge.
(3) The decision of the Attorney General may be appealed to the Commonwealth
Court by an aggrieved individual.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 2008, Oct.
17, P.L. 1628, No. 131, s 8.1, imd. effective.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9153
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter F. Individual Right of Access and Review
>>>> s 9153. Individual rights on access and review
Any individual exercising his or her right to access and review under the
provisions of this subchapter shall be informed when criminal history record
information is made available that he or she is under no obligation to divulge
such information to any person or agency.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9161
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter G. Responsibility of Attorney General
>>>> s 9161. Duties of the Attorney General
The Attorney General shall have the power and authority to:
(1) Establish rules and regulations for criminal history record information with
respect to security, completeness, accuracy, individual access and review,
quality control and audits of repositories.
(2) Establish the maximum fees which may be charged for the costs of reproducing
criminal history record information for individual access and review for
research or statistical purposes and for access by noncriminal justice agencies
and individuals.
(3) Make investigations concerning all matters touching the administration and
enforcement of this chapter and the rules and regulations promulgated
thereunder.
(4) Institute civil proceedings for violations of this chapter and the rules and
regulations adopted thereunder.
(5) Conduct annual audits of the central repository and of a representative
sample of all repositories within the Commonwealth, collecting, compiling,
maintaining and disseminating criminal history record information.
(6) Appoint such employees and agents as it may deem necessary.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1982, June
11, P.L. 476, No. 138, s 4, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9171
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter H. Public Notice
>>>> s 9171. Requirements of repositories relating to public notice
Repositories maintaining criminal history record information shall inform the
public and post in a public place, notice of the existence, purpose, use and
accessibility of the criminal history record information they maintain and the
requirements of the repository for identification on individual access and review.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9181
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter I. Sanctions
>>>> s 9181. General administrative sanctions
Any person, including any agency or organization, who violates the provisions of
this chapter or any regulations or rules promulgated under it may:
(1) Be denied access to specified criminal history record information for such
period of time as the Attorney General deems appropriate.
(2) Be subject to civil penalties or other remedies as provided for in this
chapter.
(3) In the case of an employee of any agency who violates any provision of this
chapter, be administratively disciplined by discharge, suspension, reduction in
grade, transfer or other formal disciplinary action as the agency deems
appropriate.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980. Amended 1982, June
11, P.L. 476, No. 138, s 4, effective in 180 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9182
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter I. Sanctions
>>>> s 9182. Deleted. 1979, Dec. 14, P.L. 556, No. 127, s 3, imd.
effective
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9183
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 91. Criminal History Record Information (Refs & Annos)
+ Subchapter I. Sanctions
>>>> s 9183. Civil actions
(a) Injunctions.--The Attorney General or any other individual or agency may
institute an action in a court of proper jurisdiction against any person, agency
or organization to enjoin any criminal justice agency, noncriminal justice agency,
organization or individual violating the provisions of this chapter or to compel
such agency, organization or person to comply with the provisions of this chapter.
(b) Action for damages.--
(1) Any person aggrieved by a violation of the provisions of this chapter or of
the rules and regulations promulgated under this chapter, shall have the
substantive right to bring an action for damages by reason of such violation in
a court of competent jurisdiction.
(2) A person found by the court to have been aggrieved by a violation of this
chapter or the rules or regulations promulgated under this chapter, shall be
entitled to actual and real damages of not less than $100 for each violation and
to reasonable costs of litigation and attorney's fees. Exemplary and punitive
damages of not less than $1,000 nor more than $10,000 shall be imposed for any
violation of this chapter, or the rules or regulations adopted under this
chapter, found to be willful.
CREDIT(S)
1979, July 16, P.L. 116, No. 47, s 2, effective Jan. 1, 1980.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9301
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter A. Preliminary Provisions
>>>> s 9301. Short title of chapter
This chapter shall be known and may be cited as the Independent Counsel
Authorization Act.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9302
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter A. Preliminary Provisions
>>>> s 9302. Definitions
The following words and phrases when used in this chapter shall have, unless the
context clearly indicates otherwise, the meanings given to them in this section:
"General Counsel." The General Counsel of the Commonwealth.
"Grounds to investigate." Information which would lead a reasonable person to
suspect that a crime is being or has been committed.
"Independent counsel." A person appointed by the Special Independent Prosecutor's
Panel upon the request of a special investigative counsel.
"Panel." The Special Independent Prosecutor's Panel established under this
chapter.
"Special investigative counsel." A person appointed by the General Counsel to
conduct a preliminary investigation under this chapter.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9311
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9311. Organization of panel
(a) Composition and selection.--The Special Independent Prosecutor's Panel shall
be composed of one judge of the Commonwealth Court and two judges, including
senior judges, of the courts of common pleas of the Commonwealth. The members of
the panel shall be chosen by lot. The procedure shall be determined by and
supervised by the Court Administrator of Pennsylvania in the Administrative Office
of Pennsylvania Courts. The Administrative Office of Pennsylvania Courts shall
disclose to the public the membership of the panel.
(b) Term of members.--Each member of the panel shall hold office for a term of
three years. Judges who are members of the panel and are required to retire under
section 16 of Article V of the Constitution of Pennsylvania shall also vacate
their positions on the panel unless assigned under Chapter 7 of the Rules of
Judicial Administration. A judge who is otherwise removed or suspended from
office shall automatically forfeit the position held by that judge on the panel.
Vacancies.--Any vacancy in the panel shall be filled only for the remainder of
the three-year period in which the vacancy occurs and in the same manner as
initial assignments to the panel were made.
(d) Decisions by majority vote.--All decisions of the panel shall be by majority
vote of the members.
(e) Clerk.--The Prothonotary of Commonwealth Court shall serve as the clerk of the
panel and shall provide such services as are needed by the panel.
(f) Restriction.--No member of the panel who participated in a function conferred
on the panel under this chapter involving an independent counsel shall be eligible
to participate in any judicial proceeding concerning a matter which involves the
independent counsel and which involves the exercise of the independent counsel's
official duties, regardless of whether the independent counsel is still serving in
that office.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9312
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9312. Preliminary investigation
(a) Preliminary investigation with respect to certain covered persons.--The
General Counsel shall appoint a special investigative counsel to conduct a
preliminary investigation in accordance with this chapter whenever the General
Counsel receives information sufficient to constitute grounds to investigate
whether any person described in subsection may have committed any of the
following:
(1) An offense which is classified higher than a misdemeanor of the second
degree.
(2) An offense which is classified higher than a summary offense and which
involves a breach of the public trust. This paragraph includes a violation of
the act of June 3, 1937 (P.L. 1333, No. 320), [FN1] known as the Pennsylvania
Election Code, or the act of October 4, 1978 (P.L. 883, No. 170), [FN2] referred
to as the Public Official and Employee Ethics Law.
(b) Preliminary investigation with respect to persons not listed in subsection
.--The Attorney General shall request the General Counsel to appoint a special
investigative counsel to conduct a preliminary investigation under the
jurisdiction established or conferred under section 205(b) of the act of October
15, 1980 (P.L. 950, No. 164), [FN3] known as the Commonwealth Attorneys Act, and
where the Attorney General determines that an investigation or prosecution of the
person, with respect to the information received, by the Attorney General or other
officer of the Attorney General's office may result in a personal, financial or
political conflict of interest. In addition, the Attorney General may request the
General Counsel to appoint a special investigative counsel to conduct a
preliminary investigation where the Attorney General determines that an
investigation or prosecution of the person, with respect to the information
received, by the Attorney General or other officer of the Attorney General's
office may result in a personal, financial or political conflict of interest.
Persons to whom subsection (a) applies.--The persons referred to in subsection
(a) are as follows:
(1) The Attorney General, any Deputy Attorney General or any individual working
in the Attorney General's office who is defined as a "public employee" under the
Public Official and Employee Ethics Law.
(2) Any individual who leaves any office or position described in paragraph (1)
during the incumbency of the Attorney General with or under whom such individual
served in the office or position, plus one year after such incumbency, but in no
event longer than a period of three years after the individual leaves the office
or position.
(3) Any individual who held an office or position described in paragraph (1)
during the incumbency of one Attorney General and who continued to hold the
office or position for not more than 90 days into the term of the next Attorney
General, during the one-year period after the individual leaves the office or
position.
(4) The chairman and treasurer of the principal campaign committee seeking the
election or reelection of the Attorney General, and any officer of that
committee exercising authority at the State level, during the incumbency of the
elected Attorney General.
(d) Examination of information to determine need for preliminary investigation.--
In determining under subsection (a) whether grounds to investigate exist, the
General Counsel shall consider only the specificity of the information received
and the credibility of the source of the information. The General Counsel shall
determine whether grounds to investigate exist no later than 30 days after the
information is first received. If within that 30-day period the General Counsel
determines that the information is not specific or is not from a credible source,
then the General Counsel shall close the matter. If within that 30-day period the
General Counsel determines that the information is specific and from a credible
source, the General Counsel shall, upon making that determination, appoint a
special investigative counsel to commence a preliminary investigation with respect
to that information. If the General Counsel is unable to determine within that
30-day period whether the information is specific and from a credible source, the
General Counsel shall at the end of that 30-day period appoint a special
investigative counsel to commence a preliminary investigation with respect to that
information. If a special investigative counsel is appointed, the special
investigative counsel may only accept the appointment when such appointment would
not conflict with the rules governing professional conduct.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
[FN1] 25 P.S. s 2600 et seq.
[FN2] 65 P.S. s 401 et seq.
[FN3] 71 P.S. s 732-205(b).
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9313
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9313. Conduct of preliminary investigation
(a) In general.--A preliminary investigation conducted under this chapter shall be
of matters as the special investigative counsel considers appropriate in order to
make a determination under section 9314 (relating to determination that further
investigation not warranted) or 9315 (relating to determination that further
investigation is warranted) of whether further investigation is warranted with
respect to each potential violation or allegation of a violation of criminal law.
The special investigative counsel shall make the determination no later than 90
days after the preliminary investigation is commenced. The special investigative
counsel shall promptly notify the panel of the date of the commencement of the
preliminary investigation.
(b) Limited authority of special investigative counsel.--
(1) In conducting preliminary investigations under this chapter, the special
investigative counsel shall have no authority to convene grand juries, plea
bargain, grant immunity or issue subpoenas.
(2) The special investigative counsel shall not base a determination under this
chapter that information with respect to a violation of criminal law by a person
is not specific and from a credible source upon a determination that the person
lacked the state of mind required for the violation of criminal law. The
special investigative counsel shall not base a determination under this chapter
that there are no reasonable grounds to believe that further investigation is
warranted upon a determination that the person lacked the state of mind required
for the violation of criminal law involved unless there is clear and convincing
evidence that the person lacked the required state of mind.
Extension of time for preliminary investigation.--The special investigative
counsel may apply to the panel for a single extension, for a period of no more
than 60 days, of the 90-day period referred to in subsection (a). The panel may,
upon a showing of good cause, grant the extension.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9314
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9314. Determination that further investigation not warranted
(a) Notification of panel.--If the special investigative counsel upon completion
of a preliminary investigation under this chapter determines that there are no
reasonable grounds to believe that further investigation is warranted, the special
investigative counsel shall promptly so notify the panel, and the panel shall have
no power to appoint an independent counsel with respect to the matters involved.
(b) Form of notification.--The notification shall contain a summary of the
information received and a summary of the results of the preliminary
investigation. The summary shall be confidential and not subject to public
disclosure, except that the person who was the subject of the investigation may
request a copy of the summary from the panel.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9315
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9315. Determination that further investigation is warranted
(a) Application for appointment of independent counsel.--The special investigative
counsel shall apply to the panel for the appointment of an independent counsel if:
(1) the special investigative counsel, upon completion of a preliminary
investigation under this chapter, determines that there are reasonable grounds
to believe that further investigation is warranted; or
(2) the 90-day period referred to in section 9313(a) (relating to conduct of
preliminary investigation) and any extension granted under section 9313 have
elapsed and the special investigative counsel has not filed a notification with
the panel under section 9314(a) (relating to determination that further
investigation not warranted).
(b) Receipt of additional information.--If, after submitting a notification under
section 9314(a), the special investigative counsel receives additional information
sufficient to constitute grounds to investigate the matters to which the
notification related, the special investigative counsel shall:
(1) Conduct an additional preliminary investigation as the special investigative
counsel considers appropriate for a period of no more than 90 days after the
date on which the additional information is received.
(2) Otherwise comply with the provisions of this subchapter with respect to the
additional preliminary investigation to the same extent as any other preliminary
investigation under this chapter.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9316
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9316. Contents of application
Any application for the appointment of an independent counsel under this chapter
shall contain sufficient information to assist the panel in selecting an
independent counsel and in defining that independent counsel's prosecutorial
jurisdiction so that the independent counsel has adequate authority to fully
investigate and prosecute the subject matter and all matters related to that
subject matter.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9317
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9317. Disclosure of information
Except as otherwise provided in this chapter, no officer or employee of the office
of special investigative counsel or the office of independent counsel may, without
leave of the panel, disclose to any individual outside the office of special
investigative counsel or office of independent counsel any notification,
application or any other document, material or memorandum supplied to the panel
under this chapter. Nothing in this chapter shall be construed as authorizing the
withholding of information from the General Assembly.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9318
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9318. Limitation on judicial review
The determination of the special investigative counsel under this chapter to apply
to the panel for the appointment of an independent counsel shall not be reviewable
in any court.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9319
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter B. General Provisions
>>>> s 9319. Duties of panel
(a) Appointment and jurisdiction of independent counsel.--
(1) Upon receipt of an application, the panel shall appoint an appropriate
independent counsel and shall define that independent counsel's prosecutorial
jurisdiction. The appointment shall occur no later than 30 days after the
receipt of the application.
(2) The panel shall appoint as independent counsel an individual who has
appropriate experience and who will conduct the investigation and any
prosecution in a prompt, responsible and cost-effective manner. The panel shall
seek to appoint as independent counsel an individual who will serve to the
extent necessary to complete the investigation and any prosecution without undue
delay. The panel may not appoint as an independent counsel any person who holds
any office of profit or trust with the Commonwealth. No person who is serving
as a special investigative counsel may be appointed or serve as an independent
counsel in the matter for which they had been appointed to investigate as
special investigative counsel. If an independent counsel is appointed, the
independent counsel may only accept the appointment when such appointment would
not conflict with the rules governing professional conduct.
(3) In defining the independent counsel's prosecutorial jurisdiction, the panel
shall assure that the independent counsel has adequate authority to fully
investigate and prosecute the subject matter with respect to which the special
investigative counsel has requested the appointment of the independent counsel
and all matters related to that subject matter. Jurisdiction shall also include
the authority to investigate and prosecute the following offenses which may
arise out of the investigation with respect to which the special investigative
counsel's request was made:
(i) An offense classified higher than a misdemeanor of the second degree.
(ii) An offense which is classified higher than a summary offense and which
involves a breach of the public trust. This paragraph includes a violation of
the act of June 3, 1937 (P.L. 1333, No. 320), [FN1] known as the Pennsylvania
Election Code, or the act of October 4, 1978 (P.L. 883, No. 170), [FN2]
referred to as the Public Official and Employee Ethics Law.
(4) The panel shall disclose the identity of the independent counsel upon
appointment.
(b) Expansion of jurisdiction.--
(1) The panel upon the request of the General Counsel may expand the
prosecutorial jurisdiction of an independent counsel. The expansion may be in
lieu of the appointment of another independent counsel.
(2) If the independent counsel discovers or receives information about possible
violations of criminal law by persons as provided in section 9312 (relating to
preliminary investigation) which are not covered by the prosecutorial
jurisdiction of the independent counsel, the independent counsel may submit the
information to the General Counsel. In accordance with this subchapter, the
General Counsel shall appoint a special investigative counsel to conduct a
preliminary investigation of the information, except that the preliminary
investigation shall not exceed 30 days from the date the information is
received. In making the determinations required by this subchapter, the special
investigative counsel shall give great weight to any recommendations of the
independent counsel.
(3) If the special investigative counsel determines, after according great
weight to the recommendations of the independent counsel, that there are no
reasonable grounds to believe that further investigation is warranted, the
special investigative counsel shall promptly so notify the panel, and the panel
shall have no power to expand the jurisdiction of the independent counsel or to
appoint another independent counsel with respect to the matters involved.
(4) The panel shall expand the jurisdiction of the appropriate independent
counsel to include the matters involved or shall appoint another independent
counsel to investigate the matters if:
(i) the special investigative counsel determines that there are reasonable
grounds to believe that further investigation is warranted; or
(ii) the 30-day period referred to in paragraph (2) elapses without a
notification to the panel that no further investigation is warranted.
(5) If the independent counsel discovers or receives information about possible
violations of criminal law by persons other than those provided for in section
9312 and which are not covered by the prosecutorial jurisdiction of the
independent counsel and a request for expansion under this subsection has not
been made by the General Counsel or the request for expansion under this
subsection has been denied by the panel, the independent counsel shall submit
the information to the appropriate law enforcement authority.
Return for further explanation.--Upon receipt of a notification under this
subchapter that there are no reasonable grounds to believe that further
investigation is warranted with respect to information received under this
chapter, the panel shall have no authority to overrule this determination but may
return the matter to the special investigative counsel for further explanation of
the reasons for the determination.
(d) Vacancies.--If a vacancy in office arises by reason of the resignation, death
or removal of an independent counsel, the panel shall appoint an independent
counsel to complete the work of the independent counsel whose resignation, death
or removal caused the vacancy, except that, in the case of a vacancy arising by
reason of the removal of an independent counsel, the panel may appoint an acting
independent counsel to serve until any judicial review of the removal is
completed.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
[FN1] 25 P.S. s 2600 et seq.
[FN2] 65 P.S. s 401 et seq.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9331
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9331. Authorities
Notwithstanding any other provision of law, an independent counsel appointed under
this chapter shall have, with respect to all matters in the independent counsel's
prosecutorial jurisdiction established under this chapter, full power and
independent authority to exercise all investigative and prosecutorial functions
and powers of the Office of Attorney General, the Attorney General and any other
officer or employee of the Office of Attorney General. Investigative and
prosecutorial functions and powers shall include, but are not limited to:
(1) Conducting proceedings before grand juries and other investigations.
(2) Participating in court proceedings and engaging in any litigation, including
civil and criminal matters, that the independent counsel considers necessary.
(3) Appealing any decision of a court in any case or proceeding in which the
independent counsel participates in an official capacity.
(4) Reviewing all documentary evidence available from any source.
(5) Determining whether to contest the assertion of any testimonial privilege.
(6) Receiving appropriate security clearances and, if necessary, contesting in
court, including, where appropriate, participating in an in camera proceeding,
any claim of privilege or attempt to withhold evidence on grounds of security.
(7) Making applications to any State court for a grant of immunity to any
witness, consistent with applicable statutory requirements, or for warrants,
subpoenas or other court orders and exercising the authority vested in the
Attorney General or a district attorney.
(8) Inspecting, obtaining or using the original or a copy of any tax return in
accordance with applicable statutes and regulations.
(9) Initiating and conducting prosecutions in any court of competent
jurisdiction, framing and signing indictments, filing information and handling
all aspects of any case in the name of the Commonwealth.
(10) Consulting with the district attorney for the county in which any violation
of law with respect to which the independent counsel is appointed was alleged to
have occurred.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9332
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9332. Compensation and travel expenses
An independent counsel appointed under this chapter shall receive compensation at
the per diem rate equal to the annual rate of basic pay payable to the Attorney
General. An independent counsel and persons appointed under section 9333
(relating to additional personnel) shall be entitled to the payment of travel
expenses.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9333
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9333. Additional personnel
For the purposes of carrying out the duties of the office of independent counsel,
the independent counsel may appoint, fix the compensation and assign the duties of
the employees the independent counsel considers necessary, including, but not
limited to, investigators, attorneys and necessary experts to assist with the
criminal investigation. The positions of these employees are exempted from the
competitive service. Employees shall be compensated at levels not to exceed those
payable for comparable positions in the Office of Attorney General.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9334
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9334. Assistance of Pennsylvania State Police
(a) Carrying out functions.--An independent counsel may request assistance from
the Pennsylvania State Police in carrying out the functions of the independent
counsel, and the Pennsylvania State Police shall provide that assistance, which
may include the use of the resources and personnel necessary to perform the
independent counsel's duties.
(b) Payment of and reports on expenditures of independent counsel.--Upon the
request of the Governor, the General Assembly shall appropriate the necessary
funds to the State Treasurer for the use and operation in executing the duties and
responsibilities of the position of independent counsel. Upon the request of the
Governor, the General Assembly shall appropriate the necessary funds to the
Pennsylvania State Police for costs incurred when rendering assistance to the
independent counsel as provided for under subsection (a). The State Treasurer
shall submit to the General Assembly, no later than 30 days after the end of each
fiscal year, a report on amounts paid during that fiscal year for expenses of
investigations and prosecutions by independent counsel. Each report shall include
a statement of all payments made for activities of independent counsel.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9335
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9335. Referral of other matters to independent counsel
An independent counsel may ask the panel to refer to the independent counsel
matters related to the independent counsel's prosecutorial jurisdiction, and the
panel may refer these matters. If the Attorney General refers a matter to an
independent counsel on the Attorney General's own initiative, the independent
counsel may accept the referral if the matter relates to the independent counsel's
prosecutorial jurisdiction.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9336
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9336. Dismissal of matters
The independent counsel shall have full authority to dismiss matters within the
independent counsel's prosecutorial jurisdiction without conducting an
investigation or at any subsequent time before prosecution.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9337
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9337. Reports by independent counsel
(a) Required reports.--An independent counsel shall:
(1) File with the panel, with respect to the six-month period beginning on the
date of his appointment and with respect to each six-month period thereafter
until the office of that independent counsel terminates, a report which
identifies and explains major expenses, summarizes all other expenses incurred
by that office during the six-month period with respect to which the report is
filed and estimates future expenses of that office.
(2) Before the termination of the independent counsel's office under section
9343(b) (relating to removal of independent counsel and termination of office),
file a final report with the panel, setting forth fully and completely a
description of all prosecutions. All other information shall be confidential
and not subject to public disclosure.
(b) Disclosure of information in reports.--The panel may release to the General
Assembly, the Governor, the State Treasurer, the public or any appropriate person
the portions of a report made under this section as the panel considers
appropriate. The panel shall make any orders as are appropriate to protect the
rights of any individual named in the report and to prevent undue interference
with any pending prosecution. The panel may make any portion of a final report
filed under subsection (a)(2) available to any individual named in the report for
the purposes of receiving within a time limit set by the panel any comments or
factual information that the individual may submit. The comments and factual
information, in whole or in part, may in the discretion of the panel be included
as an appendix to the final report.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9338
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9338. Independence from Office of Attorney General
Each independent counsel appointed under this chapter and the persons appointed by
that independent counsel under section 9333 (relating to additional personnel) are
separate from and independent of the Office of Attorney General.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9339
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9339. Standards of conduct applicable to independent counsel,
persons serving in office of independent counsel and their law firms
(a) Restrictions on employment while independent counsel and appointees are
serving.--During the period in which an independent counsel is serving under this
chapter, the independent counsel and any person associated with a firm with which
the independent counsel is associated may not represent in any matter any person
involved in any investigation or prosecution under this chapter. During the
period in which any person appointed by an independent counsel under section 9333
(relating to additional personnel) is serving in the office of independent
counsel, the person may not represent in any matter any person involved in any
investigation or prosecution under this chapter.
(b) Postemployment restrictions on independent counsel and appointees.--
(1) Each independent counsel and each person appointed by that independent
counsel under section 9333 may not for three years following the termination of
service under this chapter of that independent counsel or appointed person, as
the case may be, represent any person in any matter if that individual was the
subject of an investigation or prosecution conducted by that independent counsel
under this chapter.
(2) Each independent counsel and each person appointed by that independent
counsel under section 9333 may not for one year following the termination of
service under this chapter of that independent counsel or appointed person, as
the case may be, represent any person in any matter involving any investigation
or prosecution under this chapter.
One-year ban on representation by members of firms of independent counsel.--
Any person who is associated with a firm with which an independent counsel is
associated or becomes associated after termination of service of that independent
counsel under this chapter may not for one year following the termination
represent any person in any matter involving any investigation or prosecution
under this chapter.
(d) Definitions.--As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
"Associated with a firm." A person who is an officer, director, partner or other
member or employee of a law firm.
"Firm." A law firm, whether organized as a partnership or corporation.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9340
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9340. Custody of records of independent counsel
(a) Transfer of records.--Upon termination of the office of independent counsel,
that independent counsel shall transfer to the Bureau of Archives and History of
the Pennsylvania Historical and Museum Commission all records which have been
created or received by that office. Before this transfer, the independent
counsel shall clearly identify which of these records are subject to the
Pennsylvania Rules of Criminal Procedure as grand jury materials.
(b) Maintenance, use and disposal of records.--Records transferred to the Bureau
of Archives and History under this section shall be maintained, used and disposed
of as provided by law.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9341
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9341. Cost controls and administrative support
(a) Cost controls.--An independent counsel shall:
(1) Conduct all activities with due regard for expense.
(2) Authorize only reasonable and lawful expenditures.
(3) Promptly upon taking office assign to a specific employee the duty of
certifying that expenditures of the independent counsel are reasonable and made
in accordance with law.
(b) Office of Administration policies.--An independent counsel shall comply with
the established policies of the Office of Administration of the Governor
respecting expenditures of funds, except to the extent that compliance would be
inconsistent with the purposes of this chapter.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9342
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9342. Legislative oversight
(a) Oversight of conduct of independent counsel.--An independent counsel appointed
under this chapter shall submit to the General Assembly a report detailing all
moneys expended as required under section 9337(a)(1) (relating to reports by
independent counsel). In addition, the independent counsel shall submit annually
a report on the activities of the independent counsel, including a description of
the progress of any investigation or prosecution conducted by the independent
counsel. The report may omit any matter that in the judgment of the independent
counsel should be kept confidential but shall provide information adequate to
justify the expenditures that the office of the independent counsel has made.
(b) Information relating to impeachment.--An independent counsel shall advise the
House of Representatives of any substantial and credible information which the
independent counsel receives in carrying out the independent counsel's
responsibilities under this chapter that may constitute grounds for an
impeachment. Nothing in this chapter shall prevent the General Assembly or either
house thereof from obtaining information in the course of an impeachment
proceeding.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9343
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9343. Removal of independent counsel and termination of office
(a) Removal, report on removal and termination.--
(1) An independent counsel appointed under this chapter may be removed from
office only by the personal action of the General Counsel and only for good
cause, physical disability, mental incapacity or any other condition that
substantially impairs the performance of the independent counsel's duties. For
purposes of this paragraph, the term "good cause" includes, but is not limited
to, violations of any ethical rules governing the independent counsel, the
Attorney General or district attorneys.
(2) If an independent counsel is removed from office, the General Counsel shall
promptly submit to the panel, the Judiciary Committee of the Senate and the
Judiciary Committee of the House of Representatives a report specifying the
facts found and the ultimate grounds for the removal. The committees may make
available to the public the report, except that each committee may, if necessary
to protect the rights of any individual named in the report or to prevent undue
interference with any pending prosecution, postpone or refrain from publishing
any or all of the report. The panel may release any or all of the report in
accordance with section 9337(b) (relating to reports by independent counsel).
(3) An independent counsel removed from office may obtain judicial review of the
removal in a civil action commenced in the Commonwealth Court. The independent
counsel may be reinstated or granted other appropriate relief by order of the
Commonwealth Court. A member of the panel may not hear or determine any such
civil action or any appeal of a decision in any such civil action.
(b) Termination of office.--
(1) An office of independent counsel shall terminate when the independent
counsel:
(i) notifies the panel that the investigation of all matters within the
prosecutorial jurisdiction of the independent counsel or accepted by the
independent counsel, and any resulting prosecutions, have been completed; and
(ii) files a final report in compliance with section 9337.
(2) The panel shall determine on its own motion whether termination is
appropriate under this subsection no later than two years after the appointment
of an independent counsel or the reported expenditures of the independent
counsel have reached $2,000,000, whichever occurs first, and at the end of each
succeeding one-year period.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9344
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9344. Audits
By December 31 of each year, an independent counsel shall prepare a statement of
expenditures for the fiscal year that ended on the immediately preceding June 30.
An independent counsel whose office is terminated prior to the end of the fiscal
year shall prepare a statement of expenditures within 90 days of the date on which
the office is terminated. The Auditor General shall audit each statement and
report the results of each audit to the appropriate committees of the General
Assembly no later than March 31 of the year following the submission of the
statement.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9345
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9345. Relationship with Office of Attorney General
Whenever a matter is in the prosecutorial jurisdiction of an independent counsel
or has been accepted by an independent counsel under section 9335 (relating to
referral of other matters to independent counsel), the Office of Attorney General,
the Attorney General, all other officers and employees of the Office of Attorney
General and any district attorney shall suspend all investigations and proceedings
regarding that matter and shall turn over to the independent counsel all
materials, files and other data relating to that matter.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9346
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter C. Authority and Duties of Independent Counsel
>>>> s 9346. Venue
The proper venue for all prosecutions conducted by the independent counsel shall
be determined in accordance with the Pennsylvania Rules of Criminal Procedure.
For the purposes of convenience and fairness, the panel may, however, set the
venue in any other county on its own motion or at the request of the independent
counsel or on petition of the defendant.
CREDIT(S)
1998, Feb. 18, 1998, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9351
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter D. Miscellaneous Provisions
>>>> s 9351. Severability of chapter
The provisions of this chapter are severable. If any provision of this chapter or
its application to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9352
Effective:[See Text Amendments]
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part III. Miscellaneous Provisions
+ Chapter 93. Independent Counsel
+ Subchapter D. Miscellaneous Provisions
>>>> s 9352. Expiration of chapter
This chapter shall expire five years after the date of the enactment of this
chapter, except with respect to any matters pending before an independent counsel
that in the judgment of the independent counsel require continuation. Matters
shall be continued until the independent counsel determines the matters are
completed.
CREDIT(S)
1998, Feb. 18, P.L. 102, No. 19, s 15, effective in 60 days.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9401
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part III. Miscellaneous Provisions
+ Chapter 94. Crime Victims
>>>> s 9401. Definitions
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Crime Victims Act." The act of November 24, 1998 (P.L. 882, No. 111), [FN1]
known as the Crime Victims Act.
"Office of Victim Advocate." The Office of Victim Advocate established under
section 302 of the act of November 24, 1998 (P.L. 882, No. 111) [FN2] known as
the Crimes Victims Act.
CREDIT(S)
2012, Oct. 25, P.L. 1655, No. 204, s 4.1, effective in 60 days [Dec. 24, 2012].
[FN1] 18 P.S. s 11.101 et seq.
[FN2] 18 P.S. s 11.302.
Current through Regular Session Act 2013-4
18 Pa.C.S.A. s 9402
Effective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
+ Part III. Miscellaneous Provisions
+ Chapter 94. Crime Victims
>>>> s 9402. Office of Victim Advocate
The Office of Victim Advocate has the power and duty to represent and advocate for
the interests of individual crime victims in accordance with section 302 of the
Crime Victims Act, [FN1] and advocate for the interests of crime victims
generally, including the victims of crimes committed by juveniles.
CREDIT(S)
2012, Oct. 25, P.L. 1655, No. 204, s 4.1, effective in 60 days [Dec. 24, 2012].
[FN1] 18 P.S. s 11.302.
Current through Regular Session Act 2013-4