CRIMES AND OFFENSES
                                 Title 18
                            TABLE OF CONTENTS

                                 TITLE 18
                           CRIMES AND OFFENSES

                     PART I.  PRELIMINARY PROVISIONS

     Chapter 1.  General Provisions

     § 101.  Short title of title.
     § 102.  Territorial applicability.
     § 103.  Definitions.
     § 104.  Purposes.
     § 105.  Principles of construction.
     § 106.  Classes of offenses.
     § 107.  Application of preliminary provisions.
     § 108.  Time limitations.
     § 109.  When prosecution barred by former prosecution for the
                same offense.
     § 110.  When prosecution barred by former prosecution for
                different offense.
     § 111.  When prosecution barred by former prosecution in
                another jurisdiction.
     § 112.  Former prosecution before court lacking jurisdiction or
                when fraudulently procured by the defendant.

     Chapter 3.  Culpability

     § 301.  Requirement of voluntary act.
     § 302.  General requirements of culpability.
     § 303.  Causal relationship between conduct and result.
     § 304.  Ignorance or mistake.
     § 305.  Limitations on scope of culpability requirements.
     § 306.  Liability for conduct of another; complicity.
     § 307.  Liability of organizations and certain related persons.
     § 308.  Intoxication or drugged condition.
     § 309.  Duress.
     § 310.  Military orders.
     § 311.  Consent.
     § 312.  De minimis infractions.
     § 313.  Entrapment.
     § 314.  Guilty but mentally ill.
     § 315.  Insanity.

     Chapter 5.  General Principles of Justification

     § 501.  Definitions.
     § 502.  Justification a defense.
     § 503.  Justification generally.
     § 504.  Execution of public duty.
     § 505.  Use of force in self-protection.
     § 506.  Use of force for the protection of other persons.
     § 507.  Use of force for the protection of property.
     § 508.  Use of force in law enforcement.
     § 509.  Use of force by persons with special responsibility for
                care, discipline or safety of others.
     § 510.  Justification in property crimes.

     Chapter 7.  Responsibility (Reserved)

     Chapter 9.  Inchoate Crimes

     § 901.  Criminal attempt.
     § 902.  Criminal solicitation.
     § 903.  Criminal conspiracy.
     § 904.  Incapacity, irresponsibility or immunity of party to
                solicitation or conspiracy.
     § 905.  Grading of criminal attempt, solicitation and
                conspiracy.
     § 906.  Multiple convictions of inchoate crimes barred.
     § 907.  Possessing instruments of crime.
     § 908.  Prohibited offensive weapons.
     § 908.1. Use or possession of electric or electronic
                incapacitation device.
     § 909.  Manufacture, distribution or possession of master keys
                for motor vehicles.
     § 910.  Manufacture, distribution, use or possession of devices
                for theft of telecommunications services.
     § 911.  Corrupt organizations.
     § 912.  Possession of weapon on school property.
     § 913.  Possession of firearm or other dangerous weapon in court
                facility.

     Chapter 11.  Authorized Disposition of Offenders

     § 1101.  Fines.
     § 1102.  Sentence for murder, murder of unborn child and
                murder of law enforcement officer.
     § 1103.  Sentence of imprisonment for felony.
     § 1104.  Sentence of imprisonment for misdemeanors.
     § 1105.  Sentence of imprisonment for summary offenses.
     § 1106.  Restitution for injuries to person or property.
     § 1107.  Restitution for theft of timber.
     § 1107.1. Restituion for identity theft.
     § 1108.  District attorneys' standing and interest in prisoner
                litigation.
     § 1109.  Costs.
     § 1110.  Restitution for cleanup of clandestine laboratories.

     Chapter 13.  Authority of Court in Sentencing (Transferred)

        Subchapter A.  General Provisions (Transferred)

     § 1301 (Transferred).

        Subchapter B.  Sentencing Authority (Transferred)

     § 1311 & § 1312 (Transferred).

        Subchapter C.  Sentencing Alternatives (Transferred)

     § 1321 - § 1326 (Transferred).

        Subchapter D.  Informational Basis of Sentence (Transferred)

     § 1331 - § 1337 (Transferred).

        Subchapter E.  Imposition of Sentence (Transferred)

     § 1351 - § 1362 (Transferred).

        Subchapter F.  Further Judicial Action (Transferred)

     § 1371 & § 1372 (Transferred).

        Subchapter G.  Pennsylvania Commission on Sentencing
                        (Repealed or Transferred)

     § 1381 - § 1385 (Repealed).
     § 1386 (Transferred).

                PART II.  DEFINITION OF SPECIFIC OFFENSES

                ARTICLE A.  OFFENSES AGAINST EXISTENCE OR
                         STABILITY OF GOVERNMENT

     Chapter 21.  Offenses Against the Flag

     § 2101.  Display of flag at public meetings.
     § 2102.  Desecration of flag.
     § 2103.  Insults to national or Commonwealth flag.

                  ARTICLE B.  OFFENSES INVOLVING DANGER
                              TO THE PERSON

     Chapter 23.  General Provisions

     § 2301.  Definitions.

     Chapter 25.  Criminal Homicide

     § 2501.  Criminal homicide.
     § 2502.  Murder.
     § 2503.  Voluntary manslaughter.
     § 2504.  Involuntary manslaughter.
     § 2505.  Causing or aiding suicide.
     § 2506.  Drug delivery resulting in death.
     § 2507.  Criminal homicide of law enforcement officer.

     Chapter 26.  Crimes Against Unborn Child

     § 2601.  Short title of chapter.
     § 2602.  Definitions.
     § 2603.  Criminal homicide of unborn child.
     § 2604.  Murder of unborn child.
     § 2605.  Voluntary manslaughter of unborn child.
     § 2606.  Aggravated assault of unborn child.
     § 2607.  Culpability.
     § 2608.  Nonliability and defenses.
     § 2609.  Construction.

     Chapter 27.  Assault

     § 2701.  Simple assault.
     § 2702.  Aggravated assault.
     § 2702.1. Assault of law enforcement officer.
     § 2703.  Assault by prisoner.
     § 2703.1. Aggravated harassment by prisoner.
     § 2704.  Assault by life prisoner.
     § 2705.  Recklessly endangering another person.
     § 2706.  Terroristic threats.
     § 2707.  Propulsion of missiles into an occupied vehicle or onto
                a roadway.
     § 2707.1. Discharge of a firearm into an occupied structure.
     § 2707.2. Paintball guns and paintball markers.
     § 2708.  Use of tear or noxious gas in labor disputes.
     § 2709.  Harassment.
     § 2709.1. Stalking.
     § 2710.  Ethnic intimidation.
     § 2711.  Probable cause arrests in domestic violence cases.
     § 2712.  Assault on sports official.
     § 2713.  Neglect of care-dependent person.
     § 2714.  Unauthorized administration of intoxicant.
     § 2715.  Threat to use weapons of mass destruction.
     § 2716.  Weapons of mass destruction.
     § 2717.  Terrorism.

     Chapter 29.  Kidnapping

     § 2901.  Kidnapping.
     § 2902.  Unlawful restraint.
     § 2903.  False imprisonment.
     § 2904.  Interference with custody of children.
     § 2905.  Interference with custody of committed persons.
     § 2906.  Criminal coercion.
     § 2907.  Disposition of ransom.
     § 2908.  Missing children.
     § 2909.  Concealment of whereabouts of a child.
     § 2910.  Luring a child into a motor vehicle or structure.

     Chapter 30.  Trafficking of Persons

     § 3001.  Definitions.
     § 3002.  Trafficking of persons.
     § 3003.  Restitution for offenses.
     § 3004.  Forfeiture.

     Chapter 31.  Sexual Offenses

        Subchapter A.  General Provisions

     § 3101.  Definitions.
     § 3102.  Mistake as to age.
     § 3103.  Spouse relationships (Repealed).
     § 3104.  Evidence of victim's sexual conduct.
     § 3105.  Prompt complaint.
     § 3106.  Testimony of complainants.
     § 3107.  Resistance not required.

        Subchapter B.  Definition of Offenses

     § 3121.  Rape.
     § 3122.  Statutory rape (Repealed).
     § 3122.1. Statutory sexual assault.
     § 3123.  Involuntary deviate sexual intercourse.
     § 3124.  Voluntary deviate sexual intercourse (Repealed).
     § 3124.1. Sexual assault.
     § 3124.2. Institutional sexual assault.
     § 3125.  Aggravated indecent assault.
     § 3126.  Indecent assault.
     § 3127.  Indecent exposure.
     § 3128.  Spousal sexual assault (Repealed).
     § 3129.  Sexual intercourse with animal.
     § 3130.  Conduct relating to sex offenders.

        Subchapter C.  Loss of Property Rights

     § 3141.  General rule.
     § 3142.  Process and seizure.
     § 3143.  Custody of property.
     § 3144.  Disposal of property.

     Chapter 32.  Abortion

     § 3201.  Short title of chapter.
     § 3202.  Legislative intent.
     § 3203.  Definitions.
     § 3204.  Medical consultation and judgment.
     § 3205.  Informed consent.
     § 3206.  Parental consent.
     § 3207.  Abortion facilities.
     § 3208.  Printed information.
     § 3208.1. Commonwealth interference prohibited.
     § 3209.  Spousal notice.
     § 3210.  Determination of gestational age.
     § 3211.  Abortion on unborn child of 24 or more weeks
                gestational age.
     § 3212.  Infanticide.
     § 3213.  Prohibited acts.
     § 3214.  Reporting.
     § 3215.  Publicly owned facilities; public officials and public
                funds.
     § 3216.  Fetal experimentation.
     § 3217.  Civil penalties.
     § 3218.  Criminal penalties.
     § 3219.  State Board of Medicine; State Board of Osteopathic
                Medicine.
     § 3220.  Construction.

                  ARTICLE C.  OFFENSES AGAINST PROPERTY

     Chapter 33.  Arson, Criminal Mischief and Other Property
                  Destruction

     § 3301.  Arson and related offenses.
     § 3302.  Causing or risking catastrophe.
     § 3303.  Failure to prevent catastrophe.
     § 3304.  Criminal mischief.
     § 3305.  Injuring or tampering with fire apparatus, hydrants,
                etc.
     § 3306.  Unauthorized use or opening of fire hydrants.
     § 3307.  Institutional vandalism.
     § 3308.  Additional fine for arson committed for profit.
     § 3309.  Agricultural vandalism.
     § 3310.  Agricultural crop destruction.
     § 3311.  Ecoterrorism.
     § 3312.  Destruction of a survey monument.
     § 3313.  Illegal dumping of methamphetamine waste.

     Chapter 35.  Burglary and Other Criminal Intrusion

     § 3501.  Definitions.
     § 3502.  Burglary.
     § 3503.  Criminal trespass.
     § 3504.  Railroad protection, railroad vandalism and interference
                with transportation facilities.

     Chapter 37.  Robbery

     § 3701.  Robbery.
     § 3702.  Robbery of motor vehicle.

     Chapter 39.  Theft and Related Offenses

        Subchapter A.  General Provisions

     § 3901.  Definitions.
     § 3902.  Consolidation of theft offenses.
     § 3903.  Grading of theft offenses.
     § 3904.  Arrest without warrant.

        Subchapter B.  Definition of Offenses

     § 3921.  Theft by unlawful taking or disposition.
     § 3922.  Theft by deception.
     § 3923.  Theft by extortion.
     § 3924.  Theft of property lost, mislaid, or delivered by
                mistake.
     § 3925.  Receiving stolen property.
     § 3926.  Theft of services.
     § 3927.  Theft by failure to make required disposition of funds
                received.
     § 3928.  Unauthorized use of automobiles and other vehicles.
     § 3929.  Retail theft.
     § 3929.1. Library theft.
     § 3929.2. Unlawful possession of retail or library theft
                instruments.
     § 3929.3. Organized retail theft.
     § 3930.  Theft of trade secrets.
     § 3931.  Theft of unpublished dramas and musical compositions.
     § 3932.  Theft of leased property.
     § 3933.  Unlawful use of computer (Repealed).
     § 3934.  Theft from a motor vehicle.

     Chapter 41.  Forgery and Fraudulent Practices

     § 4101.  Forgery.
     § 4102.  Simulating objects of antiquity, rarity, etc.
     § 4103.  Fraudulent destruction, removal or concealment of
                recordable instruments.
     § 4104.  Tampering with records or identification.
     § 4105.  Bad checks.
     § 4106.  Access device fraud.
     § 4106.1. Unlawful device-making equipment.
     § 4107.  Deceptive or fraudulent business practices.
     § 4107.1. Deception relating to kosher food products.
     § 4107.2. Deception relating to certification of minority
                business enterprise or women's business enterprise.
     § 4108.  Commercial bribery and breach of duty to act
                disinterestedly.
     § 4109.  Rigging publicly exhibited contest.
     § 4110.  Defrauding secured creditors.
     § 4111.  Fraud in insolvency.
     § 4112.  Receiving deposits in a failing financial institution.
     § 4113.  Misapplication of entrusted property and property of
                government or financial institutions.
     § 4114.  Securing execution of documents by deception.
     § 4115.  Falsely impersonating persons privately employed.
     § 4116.  Copying; recording devices.
     § 4116.1. Unlawful operation of recording device in motion
                picture theater.
     § 4117.  Insurance fraud.
     § 4118.  Washing vehicle titles.
     § 4119.  Trademark counterfeiting.
     § 4120.  Identity theft.

                 ARTICLE D.  OFFENSES AGAINST THE FAMILY

     Chapter 43.  Offenses Against the Family

        Subchapter A.  Definition of Offenses Generally

     § 4301.  Bigamy.
     § 4302.  Incest.
     § 4303.  Concealing death of child.
     § 4304.  Endangering welfare of children.
     § 4305.  Dealing in infant children.
     § 4306.  Newborn protection.

        Subchapter B.  Nonsupport (Repealed)

     § 4321 - § 4324 (Repealed).

                   ARTICLE E.  OFFENSES AGAINST PUBLIC
                              ADMINISTRATION

     Chapter 45.  General Provisions

     § 4501.  Definitions.

     Chapter 47.  Bribery and Corrupt Influence

     § 4701.  Bribery in official and political matters.
     § 4702.  Threats and other improper influence in official and
                political matters.
     § 4703.  Retaliation for past official action.

     Chapter 49.  Falsification and Intimidation

        Subchapter A.  Perjury and Falsification in Official Matters

     § 4901.  Definition.
     § 4902.  Perjury.
     § 4903.  False swearing.
     § 4904.  Unsworn falsification to authorities.
     § 4905.  False alarms to agencies of public safety.
     § 4906.  False reports to law enforcement authorities.
     § 4907.  Tampering with witnesses and informants (Repealed).
     § 4908.  Retaliation against witness or informant (Repealed).
     § 4909.  Witness or informant taking bribe.
     § 4910.  Tampering with or fabricating physical evidence.
     § 4911.  Tampering with public records or information.
     § 4912.  Impersonating a public servant.
     § 4913.  Impersonating a notary public or a holder of a
            professional or occupational license.
     § 4914.  False identification to law enforcement authorities.
     § 4915.  Failure to comply with registration of sexual offenders
                requirements.

        Subchapter B.  Victim and Witness Intimidation

     § 4951.  Definitions.
     § 4952.  Intimidation of witnesses or victims.
     § 4953.  Retaliation against witness, victim or party.
     § 4953.1. Retaliation against prosecutor or judicial official.
     § 4954.  Protective orders.
     § 4954.1. Notice on protective order.
     § 4955.  Violation of orders.
     § 4956.  Pretrial release.
     § 4957.  Protection of employment of crime victims, family
                members of victims and witnesses.

     Chapter 51.  Obstructing Governmental Operations

        Subchapter A.  Definition of Offenses Generally

     § 5101.  Obstructing administration of law or other governmental
                function.
     § 5102.  Obstructing or impeding the administration of justice
                by picketing, etc.
     § 5103.  Unlawfully listening into deliberations of jury.
     § 5104.  Resisting arrest or other law enforcement.
     § 5104.1. Disarming law enforcement officer.
     § 5105.  Hindering apprehension or prosecution.
     § 5106.  Failure to report injuries by firearm or criminal act.
     § 5107.  Aiding consummation of crime.
     § 5108.  Compounding.
     § 5109.  Barratry.
     § 5110.  Contempt of General Assembly.
     § 5111.  Dealing in proceeds of unlawful activities.
     § 5112.  Obstructing emergency services.

        Subchapter B.  Escape

     § 5121.  Escape.
     § 5122.  Weapons or implements for escape.
     § 5123.  Contraband.
     § 5124.  Default in required appearance.
     § 5125.  Absconding witness.
     § 5126.  Flight to avoid apprehension, trial or punishment.

     Chapter 53.  Abuse of Office

     § 5301.  Official oppression.
     § 5302.  Speculating or wagering on official action or
                information.
     § 5303.  Liability for reimbursement of costs for outside
                counsel.

                ARTICLE F.  OFFENSES AGAINST PUBLIC ORDER
                               AND DECENCY

     Chapter 55.  Riot, Disorderly Conduct and Related Offenses

     § 5501.  Riot.
     § 5502.  Failure of disorderly persons to disperse upon
                official order.
     § 5503.  Disorderly conduct.
     § 5504.  Harassment and stalking by communication or address
                (Repealed).
     § 5505.  Public drunkenness and similar misconduct.
     § 5506.  Loitering and prowling at night time.
     § 5507.  Obstructing highways and other public passages.
     § 5508.  Disrupting meetings and processions.
     § 5509.  Desecration, theft or sale of venerated objects.
     § 5510.  Abuse of corpse.
     § 5511.  Cruelty to animals.
     § 5511.1. Live animals as prizes prohibited.
     § 5511.2. Police animals.
     § 5511.3. Assault with a biological agent on animal, fowl or
                honey bees.
     § 5512.  Lotteries, etc.
     § 5513.  Gambling devices, gambling, etc.
     § 5514.  Pool selling and bookmaking.
     § 5515.  Prohibiting of paramilitary training.
     § 5516.  Facsimile weapons of mass destruction.
     § 5517.  Unauthorized school bus entry.

     Chapter 57.  Wiretapping and Electronic Surveillance

        Subchapter A.  General Provisions

     § 5701.  Short title of chapter.
     § 5702.  Definitions.

        Subchapter B.  Wire, Electronic or Oral Communication

     § 5703.  Interception, disclosure or use of wire, electronic or
                oral communications.
     § 5704.  Exceptions to prohibition of interception and
                disclosure of communications.
     § 5705.  Possession, sale, distribution, manufacture or
                advertisement of electronic, mechanical or other
                devices.
     § 5706.  Exceptions to prohibitions in possession, sale,
                distribution, manufacture or advertisement of
                electronic, mechanical or other devices.
     § 5707.  Seizure and forfeiture of electronic, mechanical
                or other devices.
     § 5708.  Order authorizing interception of wire, electronic or
                oral communications.
     § 5709.  Application for order.
     § 5710.  Grounds for entry of order.
     § 5711.  Privileged communications.
     § 5712.  Issuance of order and effect.
     § 5713.  Emergency situations.
     § 5713.1. Emergency hostage and barricade situations.
     § 5714.  Recording of intercepted communications.
     § 5715.  Sealing of applications, orders and supporting papers.
     § 5716.  Service of inventory and inspection of intercepted
                communications.
     § 5717.  Investigative disclosure or use of contents of wire,
                electronic or oral communications or derivative
                evidence.
     § 5718.  Interception of communications relating to other
                offenses.
     § 5719.  Unlawful use or disclosure of existence of order
                concerning intercepted communication.
     § 5720.  Service of copy of order and application before
                disclosure of intercepted communication in trial,
                hearing or proceeding.
     § 5721.  Suppression of contents of intercepted communication or
                derivative evidence (Repealed).
     § 5721.1. Evidentiary disclosure of contents of intercepted
                communication or derivative evidence.
     § 5722.  Report by issuing or denying judge.
     § 5723.  Annual reports and records of Attorney General and
                district attorneys.
     § 5724.  Training.
     § 5725.  Civil action for unlawful interception, disclosure or
                use of wire, electronic or oral communication.
     § 5726.  Action for removal from office or employment.
     § 5727.  Expiration (Repealed).
     § 5728.  Injunction against illegal interception.

        Subchapter C.  Stored Wire and Electronic Communications
                        and Transactional Records Access

     § 5741.  Unlawful access to stored communications.
     § 5742.  Disclosure of contents and records.
     § 5743.  Requirements for governmental access.
     § 5744.  Backup preservation.
     § 5745.  Delayed notice.
     § 5746.  Cost reimbursement.
     § 5747.  Civil action.
     § 5748.  Exclusivity of remedies.
     § 5749.  Retention of certain records.

        Subchapter D.  Mobile Tracking Devices

     § 5761.  Mobile tracking devices.

        Subchapter E.  Pen Registers, Trap and Trace Devices and
                        Telecommunication Identification Interception Devices

     § 5771.  General prohibition on use of certain devices and
                exception.
     § 5772.  Application for an order for use of certain devices.
     § 5773.  Issuance of an order for use of certain devices.
     § 5774.  Assistance in installation and use of certain devices.
     § 5775.  Reports concerning certain devices.

        Subchapter F.  Miscellaneous

     § 5781.  Expiration of chapter.
     § 5782.  Regulations.

     Chapter 59.  Public Indecency

     § 5901.  Open lewdness.
     § 5902.  Prostitution and related offenses.
     § 5903.  Obscene and other sexual materials and performances.
     § 5904.  Public exhibition of insane or deformed person.

                    ARTICLE G.  MISCELLANEOUS OFFENSES

     Chapter 61.  Firearms and Other Dangerous Articles

        Subchapter A.  Uniform Firearms Act

     § 6101.  Short title of subchapter.
     § 6102.  Definitions.
     § 6103.  Crimes committed with firearms.
     § 6104.  Evidence of intent.
     § 6105.  Persons not to possess, use, manufacture, control, sell
                or transfer firearms.
     § 6105.1. Restoration of firearm rights for offenses under
                prior laws of this Commonwealth.
     § 6106.  Firearms not to be carried without a license.
     § 6106.1. Carrying loaded weapons other than firearms.
     § 6107.  Prohibited conduct during emergency.
     § 6108.  Carrying firearms on public streets or public property
                in Philadelphia.
     § 6109.  Licenses.
     § 6110.  Persons to whom delivery shall not be made (Repealed).
     § 6110.1. Possession of firearm by minor.
     § 6110.2. Possession of firearm with altered manufacturer's
                number.
     § 6111.  Sale or transfer of firearms.
     § 6111.1. Pennsylvania State Police.
     § 6111.2. Firearm sales surcharge.
     § 6111.3. Firearm Records Check Fund.
     § 6111.4. Registration of firearms.
     § 6111.5. Rules and regulations.
     § 6112.  Retail dealer required to be licensed.
     § 6113.  Licensing of dealers.
     § 6114.  Judicial review.
     § 6115.  Loans on, or lending or giving firearms prohibited.
     § 6116.  False evidence of identity.
     § 6117.  Altering or obliterating marks of identification.
     § 6118.  Antique firearms.
     § 6119.  Violation penalty.
     § 6120.  Limitation on the regulation of firearms and
                ammunition.
     § 6121.  Certain bullets prohibited.
     § 6122.  Proof of license and exception.
     § 6123.  Waiver of disability or pardons.
     § 6124.  Administrative regulations.
     § 6125.  Distribution of uniform firearm laws and firearm safety
                brochures.
     § 6126.  Firearms Background Check Advisory Committee.
     § 6127.  Firearm tracing.

        Subchapter B.  Firearms Generally

     § 6141.  Purchase of firearms in contiguous states (Repealed).
     § 6141.1. Purchase of rifles and shotguns outside this
                Commonwealth.
     § 6142.  Locking device for firearms.

        Subchapter C.  Other Dangerous Articles

     § 6161.  Carrying explosives on conveyances.
     § 6162.  Shipping explosives.

        Subchapter D.  Straw Purchase Prevention Education Program

     § 6181.  Scope of subchapter.
     § 6182.  Legislative findings and declarations.
     § 6183.  Definitions.
     § 6184.  Straw Purchase Prevention Education Program.
     § 6185.  Powers and duties of Attorney General.
     § 6186.  Straw Purchase Prevention Education Fund.
     § 6187.  Transfer for initial funding.

     Chapter 63.  Minors

     § 6301.  Corruption of minors.
     § 6302.  Sale or lease of weapons and explosives.
     § 6303.  Sale of starter pistols.
     § 6304.  Sale and use of air rifles.
     § 6305.  Sale of tobacco.
     § 6306.  Furnishing cigarettes or cigarette papers (Repealed).
     § 6306.1. Use of tobacco in schools prohibited.
     § 6307.  Misrepresentation of age to secure liquor or malt or
                brewed beverages.
     § 6308.  Purchase, consumption, possession or transportation of
                liquor or malt or brewed beverages.
     § 6309.  Representing that minor is of age.
     § 6310.  Inducement of minors to buy liquor or malt or brewed
                beverages.
     § 6310.1. Selling or furnishing liquor or malt or brewed
                beverages to minors.
     § 6310.2. Manufacture or sale of false identification card.
     § 6310.3. Carrying a false identification card.
     § 6310.4. Restriction of operating privileges.
     § 6310.5. Predisposition evaluation.
     § 6310.6. Definitions.
     § 6310.7. Selling or furnishing nonalcoholic beverages to
                persons under 21 years of age.
     § 6311.  Tattooing and body piercing.
     § 6312.  Sexual abuse of children.
     § 6313.  Special information.
     § 6314.  Sentencing and penalties for trafficking drugs to
                minors.
     § 6315.  Selling or furnishing butane to minors.
     § 6316.  Selling or furnishing certain stimulants to minors.
     § 6317.  Drug-free school zones.
     § 6318.  Unlawful contact with minor.
     § 6319.  Solicitation of minors to traffic drugs.
     § 6320.  Sexual exploitation of children.

     Chapter 65.  Nuisances

     § 6501.  Scattering rubbish.
     § 6502.  Refrigerators and iceboxes.
     § 6503.  Posting advertisements on property of another.
     § 6504.  Public nuisances.
     § 6505.  Discarding television sets and tubes.

     Chapter 67.  Proprietary and Official Rights

     § 6701.  Wearing of uniforms and insignia.
     § 6702.  Sale of veterans' flowers.
     § 6703.  Dealing in military decorations.
     § 6704.  Fraud on association having grand lodge.
     § 6705.  Use of containers bearing owner's name (Repealed).
     § 6706.  Use or possession of stamped containers (Repealed).
     § 6707.  False registration of domestic animals.
     § 6708.  Retention of library property after notice to return.
     § 6709.  Use of union labels.
     § 6710.  Unauthorized use of registered insignia.
     § 6711.  Retention of military property after notice to return.
     § 6712.  Use of carts, cases, trays, baskets, boxes and other
                containers.

     Chapter 69.  Public Utilities

     § 6901.  Extension of water line.
     § 6902.  Willful obstruction of emergency telephone calls.
     § 6903.  Railroad employee abandoning train.
     § 6904.  Interfering with railroad employee.
     § 6905.  Nails and other hard substances attached to utility
                poles.
     § 6906.  Erection of crossing signboards.
     § 6907.  Obstructing public crossings.
     § 6908.  Obstructing private crossings.
     § 6909.  Lights obstructing view of signals.
     § 6910.  Unauthorized sale or transfer of tickets.

     Chapter 71.  Sports and Amusements

     § 7101.  Fraudulent entry of horses in race.
     § 7102.  Administering drugs to race horses.
     § 7103.  Horse racing.
     § 7104.  Fortune telling.
     § 7105.  Pool and billiard rooms.
     § 7106.  Theater operators to require proof of age.
     § 7107.  Unlawful actions by athlete agents.

     Chapter 73.  Trade and Commerce

        Subchapter A.  Definition of Offenses Generally

     § 7301.  Distribution of samples of medicine, dyes, etc.
     § 7302.  Sale and labeling of solidified alcohol.
     § 7303.  Sale or illegal use of certain solvents and noxious
                substances.
     § 7304.  Illegal sale or use of certain fire extinguishers.
     § 7305.  Sale of gasoline in glass container.
     § 7306.  Incendiary devices.
     § 7307.  Out-of-state convict made goods.
     § 7308.  Unlawful advertising of insurance business.
     § 7309.  Unlawful coercion in contracting insurance.
     § 7310.  Furnishing free insurance as inducement for purchases.
     § 7311.  Unlawful collection agency practices.
     § 7312.  Debt pooling.
     § 7313.  Buying or exchanging Federal food order coupons,
                stamps, authorization cards or access devices.
     § 7314.  Fraudulent traffic in food orders.
     § 7315.  Unauthorized disposition of donated food commodities.
     § 7316.  Keeping bucket-shop.
     § 7317.  Accessories in conduct of bucket-shop.
     § 7318.  Maintaining of premises in which bucket-shop operated.
     § 7319.  Bucket-shop contracts.
     § 7320.  Attaching advertisement without consent of publisher.
     § 7321.  Lie detector tests.
     § 7322.  Demanding property to secure employment.
     § 7323.  Discrimination on account of uniform.
     § 7324.  Unlawful sale of dissertations, theses and term papers.
     § 7325.  Discrimination on account of guide, signal or service
                dog or other aid animal.
     § 7326.  Disclosure of confidential tax information.
     § 7327.  Storage, consumption and sale of alcoholic beverages on
                unlicensed business premises.
     § 7328.  Operation of certain establishments prohibited without
                local option.
     § 7329.  Prohibition of certain types of entertainment on bottle
                club premises.
     § 7330.  Internet child pornography (Repealed).
     § 7331.  Unlicensed mortgage loan business.

        Subchapter B.  Sunday Trading

     § 7361.  Worldly employment or business.
     § 7362.  Trading in motor vehicles and trailers (Repealed).
     § 7363.  Selling certain personal property.
     § 7364.  Selling or otherwise dealing in fresh meats, produce
                and groceries.
     § 7365.  Trading in motor vehicles and trailers.

     Chapter 75.  Other Offenses

     § 7501.  Removal of mobile home to evade tax.
     § 7502.  Failure of mobile home court operator to make reports.
     § 7503.  Interest of certain architects and engineers in public
                work contracts.
     § 7504.  Appointment of special policemen.
     § 7505.  Violation of governmental rules regarding traffic.
     § 7506.  Violation of rules regarding conduct on Commonwealth
                property.
     § 7507.  Breach of privacy by using a psychological-stress
                evaluator, an audio-stress monitor or a similar
                device without consent.
     § 7507.1. Invasion of privacy.
     § 7508.  Drug trafficking sentencing and penalties.
     § 7508.1. Substance Abuse Education and Demand Reduction Fund.
     § 7508.2. Operation of methamphetamine laboratory.
     § 7509.  Furnishing drug-free urine.
     § 7510.  Municipal housing code avoidance.
     § 7511.  Control of alarm devices and automatic dialing devices.
     § 7512.  Criminal use of communication facility.
     § 7513.  Restriction on alcoholic beverages (Repealed).
     § 7514.  Operating a motor vehicle not equipped with ignition
                interlock (Repealed).
     § 7515.  Contingent compensation.
     § 7516.  Greyhound racing.
     § 7517.  Commemorative service demonstration activities.

     Chapter 76.  Computer Offenses

        Subchapter A.  General Provisions

     § 7601.  Definitions.
     § 7602.  Jurisdiction.
     § 7603.  Restitution.
     § 7604.  Concurrent jurisdiction.
     § 7605.  Defense.
     § 7606.  Construction.

        Subchapter B.  Hacking and Similar Offenses

     § 7611.  Unlawful use of computer and other computer crimes.
     § 7612.  Disruption of service.
     § 7613.  Computer theft.
     § 7614.  Unlawful duplication.
     § 7615.  Computer trespass.
     § 7616.  Distribution of computer virus.

        Subchapter C.  Internet Child Pornography

     § 7621.  Definitions.
     § 7622.  Duty of Internet service provider.
     § 7623.  Protection of privacy.
     § 7624.  Penalty.
     § 7625.  Jurisdiction for prosecution.
     § 7626.  Application for order to remove or disable items.
     § 7627.  Order to remove or disable certain items from Internet
                service provider's service.
     § 7628.  Notification procedure.
     § 7629.  Designated agent.
     § 7630.  Report to General Assembly.

        Subchapter D.  Unlawful Use of Computers

     § 7641.  Computer-assisted remote harvesting of animals.

        Subchapter E.  Electronic Mail

     § 7661.  Unlawful transmission of electronic mail.

                   PART III.  MISCELLANEOUS PROVISIONS

     Chapter 91.  Criminal History Record Information

        Subchapter A.  General Provisions

     § 9101.  Short title of chapter.
     § 9102.  Definitions.
     § 9103.  Applicability.
     § 9104.  Scope.
     § 9105.  Other criminal justice information.
     § 9106.  Information in central repository or automated systems.

        Subchapter B.  Completeness and Accuracy

     § 9111.  Duties of criminal justice agencies.
     § 9112.  Mandatory fingerprinting.
     § 9113.  Disposition reporting by criminal justice agencies.
     § 9114.  Correction of inaccurate information.

        Subchapter C.  Dissemination of Criminal History Record
                        Information

     § 9121.  General regulations.
     § 9122.  Expungement.
     § 9123.  Juvenile records.
     § 9124.  Use of records by licensing agencies.
     § 9125.  Use of records for employment.

        Subchapter D.  Security

     § 9131.  Security requirements for repositories.

        Subchapter E.  Audit

     § 9141.  Audits.
     § 9142.  Quality control.
     § 9143.  Regulations.

        Subchapter F.  Individual Right of Access and Review

     § 9151.  Right to access and review.
     § 9152.  Procedure.
     § 9153.  Individual rights on access and review.

        Subchapter G.  Responsibility of Attorney General

     § 9161.  Duties of the Attorney General.

        Subchapter H.  Public Notice

     § 9171.  Requirements of repositories relating to public notice.

        Subchapter I.  Sanctions

     § 9181.  General administrative sanctions.
     § 9182.  Criminal penalties (Deleted by amendment).
     § 9183.  Civil actions.

     Chapter 93.  Independent Counsel

        Subchapter A.  Preliminary Provisions

     § 9301.  Short title of chapter.
     § 9302.  Definitions.

        Subchapter B.  General Provisions

     § 9311.  Organization of panel.
     § 9312.  Preliminary investigation.
     § 9313.  Conduct of preliminary investigation.
     § 9314.  Determination that further investigation not warranted.
     § 9315.  Determination that further investigation is warranted.
     § 9316.  Contents of application.
     § 9317.  Disclosure of information.
     § 9318.  Limitation on judicial review.
     § 9319.  Duties of panel.

        Subchapter C.  Authority and Duties of Independent Counsel

     § 9331.  Authorities.
     § 9332.  Compensation and travel expenses.
     § 9333.  Additional personnel.
     § 9334.  Assistance of Pennsylvania State Police.
     § 9335.  Referral of other matters to independent counsel.
     § 9336.  Dismissal of matters.
     § 9337.  Reports by independent counsel.
     § 9338.  Independence from Office of Attorney General.
     § 9339.  Standards of conduct applicable to independent counsel,
                persons serving in office of independent counsel and
                their law firms.
     § 9340.  Custody of records of independent counsel.
     § 9341.  Cost controls and administrative support.
     § 9342.  Legislative oversight.
     § 9343.  Removal of independent counsel and termination of
                office.
     § 9344.  Audits.
     § 9345.  Relationship with Office of Attorney General.
     § 9346.  Venue.

        Subchapter D.  Miscellaneous Provisions

     § 9351.  Severability of chapter.
     § 9352.  Expiration of chapter.
                                 TITLE 18
                           CRIMES AND OFFENSES

     Part
        I.  Preliminary Provisions
       II.  Definition of Specific Offenses
      III.  Miscellaneous Provisions

        Enactment.  Unless otherwise noted, the provisions of Title
     18 were added December 6, 1972, P.L.1482, No.334, effective in
     six months.
        Special Provisions in Appendix.  See sections 2, 3 and 4 of
     Act 334 of 1972 in the appendix to this title for special
     provisions relating to offenses committed prior to the effective
     date of this title, severability and applicability of Statutory
     Construction Act.

                                  PART I
                          PRELIMINARY PROVISIONS

     Chapter
        1.  General Provisions
        3.  Culpability
        5.  General Principles of Justification
        7.  Responsibility (Reserved)
        9.  Inchoate Crimes
       11.  Authorized Disposition of Offenders
       13.  Authority of Court in Sentencing (Transferred)

        Enactment.  Part I was added December 6, 1972, P.L.1482,
     No.334, effective in six months.


                                CHAPTER 1
                            GENERAL PROVISIONS

     Sec.
     101.  Short title of title.
     102.  Territorial applicability.
     103.  Definitions.
     104.  Purposes.
     105.  Principles of construction.
     106.  Classes of offenses.
     107.  Application of preliminary provisions.
     108.  Time limitations.
     109.  When prosecution barred by former prosecution for the
                same offense.
     110.  When prosecution barred by former prosecution for
                different offense.
     111.  When prosecution barred by former prosecution
                in another jurisdiction.
     112.  Former prosecution before court lacking jurisdiction
                or when fraudulently procured by the defendant.

        Enactment.  Chapter 1 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
     § 101.  Short title of title.
        This title shall be known and may be cited as the "Crimes
     Code."
     § 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.
        (c)  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.
     (Oct. 2, 1997, P.L.379, No.44, eff. 180 days)

        1997 Amendment.  Act 44 amended subsec. (c).
        Cross References.  Section 102 is referred to in sections
     910, 7602 of this title.
     § 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. § 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. § 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.
        "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.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 22, 1995,
     P.L.621, No.66, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
     eff. 60 days)

        2004 Amendment.  Act 207 amended the defs. of "court" and
     "judge." See sections 28 and 29 of Act 207 in the appendix to
     this title for special provisions relating to applicability and
     construction of law.
        1995 Amendment.  Act 66 added the def. of "police officer."
        1978 Amendment.  Act 53 amended the intro. par. and added the
     defs. of "court" and "judge."
        References in Text.  The act of June 18, 1974 (P.L.359,
     No.120), referred to as the Municipal Police Education and
     Training Law, referred to in the def. of "police officer," was
     repealed by the act of December 19, 1996, P.L.1158, No.177. The
     subject matter is now contained in Subchapter D of Chapter 21 of
     Title 53 (Municipalities Generally).
     § 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.
     § 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.
     § 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.
        (c)  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.
     (Mar. 26, 1974, P.L.213, No.46, eff. imd.; Oct. 2, 1997,
     P.L.379, No.44, eff. 180 days)

        1997 Amendment.  Act 44 amended subsecs. (a)(1) and (b)(1).
        Cross References.  Section 106 is referred to in sections
     305, 2710, 2717, 3311 of this title; sections 1725.3, 1725.5 of
     Title 42 (Judiciary and Judicial Procedure);
     § 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.
        (c)  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.
     § 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.
     (Mar. 26, 1974, P.L.213, No.46, eff. imd.; July 9, 1976,
     P.L.586, No.142; Apr. 28, 1978, P.L.83, No.38, eff. 60 days;
     Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Oct. 2, 1997,
     P.L.379, No.44, eff. 180 days)

        1980 Repeal Note.  Act 142 repealed Act 38 of 1978, which
     amended subsec. (a), prior to the effective date of the repeal
     of former section 108 by Act 142 of 1976.
        1976 Amendment.  Act 142 added present section 108 and
     repealed former section 108, which related to the same subject
     matter, effective 60 days from the date of final enactment of
     the act of April 28, 1978 (P.L.202, No.53).
     § 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.

        Cross References.  Section 109 is referred to in sections
     110, 111, 112 of this title.
     § 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.
     (June 28, 2002, P.L.481, No.82, eff. 60 days)

        2002 Amendment.  Act 82 amended par. (1)(ii).
        Cross References.  Section 110 is referred to in section 112
     of this title.
     § 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 the 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.

        Cross References.  Section 111 is referred to in section 112
     of this title.
     § 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 the same 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.

                                CHAPTER 3
                               CULPABILITY

     Sec.
     301.  Requirement of voluntary act.
     302.  General requirements of culpability.
     303.  Causal relationship between conduct and result.
     304.  Ignorance or mistake.
     305.  Limitations on scope of culpability requirements.
     306.  Liability for conduct of another; complicity.
     307.  Liability of organizations and certain related persons.
     308.  Intoxication or drugged condition.
     309.  Duress.
     310.  Military orders.
     311.  Consent.
     312.  De minimis infractions.
     313.  Entrapment.
     314.  Guilty but mentally ill.
     315.  Insanity.

        Enactment.  Chapter 3 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 3 is referred to in section 2607
     of this title.
     § 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.
        (c)  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.

        Cross References.  Section 301 is referred to in section 305
     of this title.
     § 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.
        (c)  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.

        Cross References.  Section 302 is referred to in sections
     103, 305 of this title.
     § 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.
        (c)  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.

        Cross References.  Section 303 is referred to in section 2607
     of this title.
     § 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.
     § 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).

        Cross References.  Section 305 is referred to in section 302
     of this title.
     § 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.
        (c)  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.

        Cross References.  Section 306 is referred to in sections
     904, 3218, 6111 of this title; section 9711 of Title 42
     (Judiciary and Judicial Procedure).
     § 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.
        (c)  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
     (c)(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.

        Cross References.  Section 307 is referred to in section 6305
     of this title.
     § 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.
     (Apr. 7, 1976, P.L.72, No.32, eff. imd.)
     § 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.

        Cross References.  Section 309 is referred to in section 9711
     of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     § 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).
        (c)  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.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

        1992 Amendment.  Act 24 amended subsec. (c).
        Cross References.  Section 311 is referred to in section 2607
     of this title.
     § 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.
     (June 22, 1978, P.L.494, No.73, eff. 60 days)

        1978 Amendment.  Act 73 amended subsec. (b).
     § 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 (c)
     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.
        (c)  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.
     § 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.
        (c)  Definitions.--For the purposes of this section and 42
     Pa.C.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.
     (Dec. 15, 1982, P.L.1262, No.286, eff. 90 days)

        1982 Amendment.  Act 286 added section 314. Section 4 of Act
     286 provided that Act 286 shall apply to all indictments or
     informations filed on or after the effective date of Act 286.
        Cross References.  Section 314 is referred to in section 9727
     of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Dec. 15, 1982, P.L.1262, No.286, eff. 90 days)

        1982 Amendment.  Act 286 added section 315. Section 4 of Act
     286 provided that Act 286 shall apply to all indictments or
     informations filed on or after the effective date of Act 286.

                                CHAPTER 5
                   GENERAL PRINCIPLES OF JUSTIFICATION

     Sec.
     501.  Definitions.
     502.  Justification a defense.
     503.  Justification generally.
     504.  Execution of public duty.
     505.  Use of force in self-protection.
     506.  Use of force for the protection of other persons.
     507.  Use of force for the protection of property.
     508.  Use of force in law enforcement.
     509.  Use of force by persons with special responsibility for
           care, discipline or safety of others.
     510.  Justification in property crimes.

        Enactment.  Chapter 5 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 5 is referred to in sections 311,
     908.1, 2503, 2507, 2605, 2608 of this title; section 711 of
     Title 51 (Military and Veterans Affairs).
     § 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 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 section 311 of the
     act of May 27, 1949 (P.L.1903, No.568), known as "The Military
     Code of 1949." The term "peace officer" shall also include any
     member of any park police department of any county of the third
     class.
        "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.
     (July 6, 1984, P.L.647, No.134, eff. 90 days; July 17, 2007,
     P.L.139, No.41, eff. 60 days)

        2007 Amendment.  Act 41 added the def. of "corrections
     officer."
        1984 Amendment.  Act 134 amended the def. of "peace officer."
        References in Text.  The act of May 27, 1949 (P.L.1903,
     No.568), known as The Military Code of 1949, referred to in the
     definition of "peace officer," was repealed August 1, 1975,
     P.L.185, No.91, and P.L.233, No.92, effective January 1, 1976.
     The subject matter of former section 311 is now contained in
     section 508 of Title 51 (Military Affairs).
        Cross References.  Section 501 is referred to in sections
     2507, 2702.1 of this title; section 9719.1 of Title 42
     (Judiciary and Judicial Procedure).
     § 502.  Justification a defense.
        In any prosecution based on conduct which is justifiable
     under this chapter, justification is a defense.
     § 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.
     § 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.
        (c)  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.
     § 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
                    (C)  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 or
            by surrendering possession of a thing to a person
            asserting a claim of right thereto or by complying with a
            demand that he abstain from any action which he has no
            duty to take, except that:
                    (A)  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; and
                    (B)  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 required by paragraphs (1) and (2) of 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.
        (c)  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.

        Cross References.  Section 505 is referred to in section 506
     of this title.
     § 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 of
        this title (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)  Exceptions.--Notwithstanding subsection (a) of this
     section:
            (1)  When the actor would be obliged under section 505 of
        this title to retreat, to surrender the possession of a thing
        or to comply with a demand before using force in self-
        protection, he is not obliged to do so before using force for
        the protection of another person, unless he knows that he can
        thereby secure the complete safety of such other person.
            (2)  When the person whom the actor seeks to protect
        would be obliged under section 505 of this title to retreat,
        to surrender the possession of a thing or to comply with a
        demand if he knew that he could obtain complete safety by so
        doing, the actor is obliged to try to cause him to do so
        before using force in his protection if the actor knows that
        he can obtain complete safety in that way.
            (3)  Neither the actor nor the person whom he seeks to
        protect is obliged to retreat when in the dwelling or place
        of work of the other to any greater extent than in his own.
     § 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.
        (c)  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
                    (C)  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.
     (Dec. 19, 1980, P.L.1310, No.235, eff. imd.)

        1980 Amendment.  Act 235 amended subsec. (c).
        Cross References.  Section 507 is referred to in section 505
     of this title.
     § 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.
        (c)  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.
     (July 17, 2007, P.L.139, No.41, eff. 60 days)

        2007 Amendment.  Act 41 amended subsec. (c).
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Apr. 16, 1992,
     P.L.108, No.24, eff. 60 days)
     § 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.

                                CHAPTER 7
                              RESPONSIBILITY
                                (Reserved)

        Enactment.  Chapter 7 (Reserved) was added December 6, 1972,
     P.L.1482, No.334, effective in six months.

                                CHAPTER 9
                             INCHOATE CRIMES

     Sec.
     901.  Criminal attempt.
     902.  Criminal solicitation.
     903.  Criminal conspiracy.
     904.  Incapacity, irresponsibility or immunity of party to
            solicitation or conspiracy.
     905.  Grading of criminal attempt, solicitation and conspiracy.
     906.  Multiple convictions of inchoate crimes barred.
     907.  Possessing instruments of crime.
     908.  Prohibited offensive weapons.
     908.1. Use or possession of electric or electronic
            incapacitation device.
     909.  Manufacture, distribution or possession of master keys
            for motor vehicles.
     910.  Manufacture, distribution, use or possession of devices for
            theft of telecommunications services.
     911.  Corrupt organizations.
     912.  Possession of weapon on school property.
     913.  Possession of firearm or other dangerous weapon in court
            facility.

        Enactment.  Chapter 9 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 9 is referred to in section 3218
     of this title.
     § 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.
        (c)  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.

        Cross References.  Section 901 is referred to in sections
     5552, 6302 of Title 42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 902 is referred to in section 3304
     of Title 5 (Athletics and Sports); sections 5552, 6302 of Title
     42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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. §
     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 anyone 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.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

        1978 Amendment.  Act 53 amended subsec. (g).
        Cross References.  Section 903 is referred to in section 4120
     of this title; sections 5552, 6302 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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).
     § 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.
     (Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st
     Sp.Sess., P.L.964, No.3, eff. 60 days)
     § 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.
     (Dec. 11, 1986, P.L.1517, No.164, eff. 60 days)
     § 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.
        (c)  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.
     (July 6, 1995, P.L.238, No.27, eff. 60 days; July 11, 1996,
     P.L.552, No.98, eff. 60 days)

        1996 Amendment.  Act 98 overlooked the amendment by Act 27 of
     1995, but the amendments do not conflict in substance and have
     both been given effect in setting forth the text of section 907.
        Cross References.  Section 907 is referred to in section 912
     of this title; section 6102 of Title 23 (Domestic Relations).
     § 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. § 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.
        (c)  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.
            (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.
     (Dec. 20, 1983, P.L.291, No.78, eff. imd.; July 6, 1984,
     P.L.647, No.134, eff. 90 days; July 11, 1985, P.L.235, No.58,
     eff. 60 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Nov.
     6, 2002, P.L.1096, No.132, eff. 60 days)

        2002 Amendment.  Act 132 amended subsec. (c).
        References in Text.  The act of June 18, 1974 (P.L.359,
     No.120), referred to as the Municipal Police Education and
     Training Law, referred to in the def. of "police officer," was
     repealed by the act of December 19, 1996, P.L.1158, No.177. The
     subject matter is now contained in Subchapter D of Chapter 23 of
     Title 53 (Municipalities Generally).
        Cross References.  Section 908 is referred to in section 6105
     of this title; section 3304 of Title 5 (Athletics and Sports).
     § 908.1.  Use or possession of electric or electronic
                incapacitation device.
        (a)  Offense defined.--Except as set forth in subsection (b),
     a person commits an offense if the person does any of the
     following:
            (1)  Uses an electric or electronic incapacitation device
        on another person for an unlawful purpose.
            (2)  Possesses, with intent to violate paragraph (1), an
        electric or electronic incapacitation device.
        (b)  Self defense.--A person may possess and use an electric
     or electronic incapacitation device in the exercise of
     reasonable force in defense of the person or the person's
     property pursuant to Chapter 5 (relating to general principles
     of justification) if the electric or electronic incapacitation
     device is labeled with or accompanied by clearly written
     instructions as to its use and the damages involved in its use.
        (c)  Prohibited possession.--No person prohibited from
     possessing a firearm pursuant to section 6105 (relating to
     persons not to possess, use, manufacture, control, sell or
     transfer firearms) may possess or use an electric or electronic
     incapacitation device.
        (d)  Grading.--An offense under subsection (a) shall
     constitute a felony of the second degree if the actor acted with
     the intent to commit a felony. Otherwise any offense under this
     section is graded as a misdemeanor of the first degree.
        (e)  Exceptions.--Nothing in this section shall prohibit the
     possession or use by, or the sale or furnishing of any electric
     or electronic incapacitation device to, a law enforcement
     agency, peace officer, employee of a correctional institution,
     county jail or prison or detention center, the National Guard or
     reserves or a member of the National Guard or reserves for use
     in their official duties.
        (f)  Definition.--As used in this section, the term "electric
     or electronic incapacitation device" means a portable device
     which is designed or intended by the manufacturer to be used,
     offensively or defensively, to temporarily immobilize or
     incapacitate persons by means of electric pulse or current,
     including devices operating by means of carbon dioxide
     propellant. The term does not include cattle prods, electric
     fences or other electric devices when used in agricultural,
     animal husbandry or food production activities.
     (Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

        2002 Amendment.  Act 132 added section 908.1.
     § 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.
        (c)  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.
     § 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).
        (c)  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. § 9721(c) (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.
     (July 20, 1974, P.L.539, No.185; June 13, 1995, P.L.52, No.8,
     eff. 60 days; June 22, 2000, P.L.469, No.64, eff. 60 days; Dec.
     20, 2000, P.L.831, No.116, eff. imd.)

        2000 Amendment.  Act 116 reenacted section 910.
        Cross References.  Section 910 is referred to in section 5708
     of this title.
     § 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.
        (c)  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. § 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), 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) or (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).
     (Dec. 30, 1974, P.L.1044, No.341, eff. imd.; Apr. 28, 1978,
     P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142,
     eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; June 19,
     1996, P.L.342, No.55, eff. imd.; Nov. 1, 2006, P.L.1243, No.135,
     eff. imd.; Nov. 9, 2006, P.L.1340, No.139, eff. 60 days; Nov.
     29, 2006, P.L.1481, No.168, eff. 60 days)

        2006 Amendments.  Act 135 amended subsec. (h)(1), Act 139
     amended subsec. (h)(1) and Act 168 amended subsec. (h)(1). Act
     168 overlooked the amendments by Act 135 and Act 139, but the
     amendments do not conflict in substance and have all been given
     effect in setting forth the text of subsec. (h)(1). Act 139
     overlooked the amendment by Act 135, but the amendments do not
     conflict in substance and have both been given effect in setting
     forth the text of subsec. (h)(1).
        1996 Amendment.  Act 55 amended subsec. (h)(1) and (3) and
     added subsec. (h)(8).
        1990 Amendment.  Act 6 amended subsec. (h).
        1980 Amendment.  Act 142 amended subsec. (g).
        Cross References.  Section 911 is referred to in sections
     5708, 6105 of this title; section 5552 of Title 42 (Judiciary
     and Judicial Procedure).
     § 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.
        (c)  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.
     (Oct. 16, 1980, P.L.978, No.167, eff. 60 days)

        1980 Amendment.  Act 167 added section 912.
        Cross References.  Section 912 is referred to in section 6105
     of this title.
     § 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.
        (c)  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. § 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.
     (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
     Nov. 22, 1995, P.L.621, No.66, eff. imd.; Dec. 15, 1999,
     P.L.915, No.59, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
     eff. 60 days)

        2004 Amendment.  Act 207 amended the def. of "court facility"
     in subsec. (f). See sections 28 and 29 of Act 207 in the
     appendix to this title for special provisions relating to
     applicability and construction of law.
        1999 Amendment.  Act 59 amended subsec. (e).
        1995 Amendments.  Act 17, 1st Sp.Sess., added section 913 and
     Act 66 amended subsecs. (c) and (e). See the preamble to Act 17,
     1st Sp.Sess., in the appendix to this title for special
     provisions relating to legislative purpose.

                                CHAPTER 11
                   AUTHORIZED DISPOSITION OF OFFENDERS

     Sec.
     1101.  Fines.
     1102.  Sentence for murder, murder of unborn child and murder
            of law enforcement officer.
     1103.  Sentence of imprisonment for felony.
     1104.  Sentence of imprisonment for misdemeanors.
     1105.  Sentence of imprisonment for summary offenses.
     1106.  Restitution for injuries to person or property.
     1107.  Restitution for theft of timber.
     1107.1. Restitution for identity theft.
     1108.  District attorneys' standing and interest in prisoner
            litigation.
     1109.  Costs.
     1110.  Restitution for cleanup of clandestine laboratories.

        Enactment.  Chapter 11 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 11 is referred to in section 305
     of this title.
     § 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.
     (Mar. 22, 1974, P.L.210, No.44, eff. imd.; Apr. 28, 1978,
     P.L.202, No.53, eff. 60 days; Mar. 25, 1988, P.L.262, No.31,
     eff. 60 days; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3, eff. 60
     days; Mar. 15, 1995, 1st Sp.Sess., P.L.970, No.5, eff. 60 days)

        1995 Amendments.  Act 5, 1st Sp.Sess., overlooked the
     amendment by Act 3, 1st Sp.Sess., but the amendments do not
     conflict in substance and both have been given effect in setting
     forth the text of section 1101.
        Cross References.  Section 1101 is referred to in sections
     910, 3308 of this title; section 1571 of Title 75 (Vehicles).
     § 1102.  Sentence for murder, murder of unborn child and murder
                of law enforcement officer.
        (a)  First degree.--
            (1)  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. § 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. § 9711(d)(17) for the killing of a pregnant woman.
        (b)  Second degree.--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.
        (c)  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.
     (Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st
     Sp.Sess., P.L.964, No.3, eff. 60 days; Mar. 15, 1995, 1st
     Sp.Sess., P.L.970, No.5, eff. 60 days; Oct. 2, 1997, P.L.379,
     No.44, eff. 180 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60
     days)

        2008 Amendment.  Act 131 amended the section heading and
     subsecs. (a), (b) and (c).
        Cross References.  Section 1102 is referred to in sections
     106, 2604 of this title.
     § 1103.  Sentence of imprisonment for felony.
        Except as provided in 42 Pa.C.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.
     (Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)

        Cross References.  Section 1103 is referred to in sections
     1102, 2702.1, 3121, 3123 of this title; sections 9714, 9718.2 of
     Title 42 (Judiciary and Judicial Procedure); section 1571 of
     Title 75 (Vehicles).
     § 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.

        Cross References.  Section 1104 is referred to in section
     1571 of Title 75 (Vehicles).
     § 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.
     § 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.
        (c)  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.
                    (C)  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.
                (v)  (Deleted by amendment).
            (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. § 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. 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.
     (June 18, 1976, P.L.394, No.86, eff. 60 days; Apr. 28, 1978,
     P.L.202, No.53, eff. 60 days; May 3, 1995, 1st Sp.Sess.,
     P.L.999, No.12, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
     eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsecs. (d), (e) and (f)
     and the def. of "crime" in subsec. (h). See sections 28 and 29
     of Act 207 in the appendix to this title for special provisions
     relating to applicability and construction of law.
        1998 Amendment.  Act 121 amended subsecs. (a), (c), (e) and
     (f).
        1995 Amendment.  Act 12, 1st Sp.Sess., amended subsec. (c)
     and the def. of "victim" in subsec. (h)
        1978 Amendment.  Act 53 amended subsecs. (d), (e), (f) and
     (h).
        1976 Amendment.  Act 86 added section 1106.
        References in Text.  Section 479.1 of the act of April 9,
     1929 (P.L.177, No.175), known as The Administrative Code of
     1929, referred to in the def. of "victim," was repealed by the
     act of November 24, 1998, P.L.882, No.111. The subject matter is
     now contained in Act 111.
        Cross References.  Section 1106 is referred to in sections
     910, 3926, 4116 of this title; section 9728 of Title 42
     (Judiciary and Judicial Procedure); section 6126 of Title 75
     (Vehicles).
     § 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.
     (Oct. 11, 1984, P.L.892, No.173, eff. imd.)

        1984 Amendment.  Act 173 added section 1107.
        Cross References.  Section 1107 is referred to in section
     8311 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Sept. 18, 2009, P.L.391, No.42, eff. 60 days)

        2009 Amendment.  Act 42 added section 1107.1.
     § 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

        1988 Amendment.  Act 31 added section 1108.
     § 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.
     (Sept. 26, 1995, 1st Sp.Sess., P.L.1056, No.20, eff. 60 days)

        1995 Amendment.  Act 20, 1st Sp.Sess., added section 1109.
     Section 4 of Act 20 provided that section 1109 shall apply to
     sentences imposed on or after the effective date of Act 20.
     § 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 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), known as The
     Controlled Substance, Drug, Device and Cosmetic Act.
     (Nov. 19, 2004, P.L.848, No.109, eff. 60 days)

        2004 Amendment.  Act 109 added section 1110.

                                CHAPTER 13
                     AUTHORITY OF COURT IN SENTENCING
                              (Transferred)

     Subchapter
        A.  General Provisions (Transferred)
        B.  Sentencing Authority (Transferred)
        C.  Sentencing Alternatives (Transferred)
        D.  Informational Basis of Sentence (Transferred)
        E.  Imposition of Sentence (Transferred)
        F.  Further Judicial Action (Transferred)
        G.  Pennsylvania Commission on Sentencing (Repealed or
            Transferred)

        Transfer Note.  Chapter 13 was renumbered and transferred to
     Chapter 97 of Title 42 (Judiciary and Judicial Procedure)
     October 5, 1980, P.L.693, No.142, effective in 60 days.
        Prior Provisions.  The number and heading of Chapter 13 were
     added December 6, 1972, P.L.1482, No.334. Unless otherwise
     noted, the remaining provisions of Chapter 13 were added
     December 30, 1974, P.L.1052, No.345.

                               SUBCHAPTER A
                            GENERAL PROVISIONS
                              (Transferred)

        Transfer Note.  Subchapter A (§ 1301) was renumbered and
     transferred to Subchapter A of Chapter 97 of Title 42 (Judiciary
     and Judicial Procedure) October 5, 1980, P.L.693, No.142,
     effective in 60 days.

                               SUBCHAPTER B
                           SENTENCING AUTHORITY
                              (Transferred)

        Transfer Note.  Subchapter B (§§ 1311 & 1312) was renumbered
     and transferred to Subchapter B of Chapter 97 of Title 42
     (Judiciary and Judicial Procedure) October 5, 1980, P.L.693,
     No.142, effective in 60 days.

                               SUBCHAPTER C
                         SENTENCING ALTERNATIVES
                              (Transferred)

        Transfer Note.  Subchapter C (§§ 1321 - 1326) was renumbered
     and transferred to Subchapter C of Chapter 97 of Title 42
     (Judiciary and Judicial Procedure) October 5, 1980, P.L.693,
     No.142, effective in 60 days.

                               SUBCHAPTER D
                     INFORMATIONAL BASIS OF SENTENCE
                              (Transferred)

        Transfer Note.  Subchapter D (§§ 1331 - 1337) was renumbered
     and transferred to Subchapter D of Chapter 97 of Title 42
     (Judiciary and Judicial Procedure) October 5, 1980, P.L.693,
     No.142, effective in 60 days.

                               SUBCHAPTER E
                          IMPOSITION OF SENTENCE
                              (Transferred)

        Transfer Note.  Subchapter E (§§ 1351 - 1362) was renumbered
     and transferred to Subchapter E of Chapter 97 of Title 42
     (Judiciary and Judicial Procedure) October 5, 1980, P.L.693,
     No.142, effective in 60 days.

                               SUBCHAPTER F
                         FURTHER JUDICIAL ACTION
                              (Transferred)

        Transfer Note.  Subchapter F (§§ 1371 & 1372) was renumbered
     and transferred to Subchapter F of Chapter 97 of Title 42
     (Judiciary and Judicial Procedure) October 5, 1980, P.L.693,
     No.142, effective in 60 days.

                               SUBCHAPTER G
                  PENNSYLVANIA COMMISSION ON SENTENCING
                        (Repealed or Transferred)

        Repeal and Transfer Note.  Subchapter G (§§ 1381 - 1386) was
     repealed except for section 1386 which was renumbered 9781 and
     transferred to Subchapter G of Chapter 97 of Title 42 (Judiciary
     and Judicial Procedure) October 5, 1980, P.L.693, No.142,
     effective in 60 days. The subject matter of former sections 1381
     through 1385 is now contained in Subchapter F of Chapter 21 of
     Title 42.
        Prior Provisions.  Subchapter G was added November 26, 1978,
     P.L.1316, No.319, effective January 1, 1979. Former Subchapter
     G, which related to sentencing council, was added December 30,
     1974, P.L.1052, No.345, and repealed November 26, 1978,
     P.L.1316, No.319, effective January 1, 1979.

                                 PART II
                     DEFINITION OF SPECIFIC OFFENSES

     Article
        A.  Offenses Against Existence or Stability of Government
        B.  Offenses Involving Danger to the Person
        C.  Offenses Against Property
        D.  Offenses Against the Family
        E.  Offenses Against Public Administration
        F.  Offenses Against Public Order and Decency
        G.  Miscellaneous Offenses

        Enactment.  Part II was added December 6, 1972, P.L.1482,
     No.334, effective in six months.


                                ARTICLE A
                 OFFENSES AGAINST EXISTENCE OR STABILITY
                              OF GOVERNMENT

     Chapter
       21.  Offenses Against the Flag


                                CHAPTER 21
                        OFFENSES AGAINST THE FLAG

     Sec.
     2101.  Display of flag at public meetings.
     2102.  Desecration of flag.
     2103.  Insults to national or Commonwealth flag.

        Enactment.  Chapter 21 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
     § 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.
     § 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.
        (c)  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.
     § 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.

                                ARTICLE B
                 OFFENSES INVOLVING DANGER TO THE PERSON

     Chapter
       23.  General Provisions
       25.  Criminal Homicide
       26.  Crimes Against Unborn Child
       27.  Assault
       29.  Kidnapping
       30.  Trafficking of Persons.
       31.  Sexual Offenses
       32.  Abortion


                                CHAPTER 23
                            GENERAL PROVISIONS

     Sec.
     2301.  Definitions.

        Enactment.  Chapter 23 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
     § 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.

        Cross References.  Section 2301 is referred to in sections
     2602, 3101, 5106 of this title; sections 6302, 6355 of Title 42
     (Judiciary and Judicial Procedure).

                                CHAPTER 25
                            CRIMINAL HOMICIDE

     Sec.
     2501.  Criminal homicide.
     2502.  Murder.
     2503.  Voluntary manslaughter.
     2504.  Involuntary manslaughter.
     2505.  Causing or aiding suicide.
     2506.  Drug delivery resulting in death.
     2507.  Criminal homicide of law enforcement officer.

        Enactment.  Chapter 25 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 25 is referred to in sections 911,
     2602 of this title; section 5432 of Title 20 (Decedents, Estates
     and Fiduciaries); sections 2511, 5329, 6344 of Title 23
     (Domestic Relations); sections 5985.1, 6302 of Title 42
     (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 2501 is referred to in section
     5708 of this title; section 4503 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
        (c)  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.
     (Mar. 26, 1974, P.L.213, No.46, eff. imd.; Apr. 28, 1978,
     P.L.84, No.39, eff. 60 days)

        Cross References.  Section 2502 is referred to in sections
     2507, 2602, 5708, 6105 of this title; section 3304 of Title 5
     (Athletics and Sports); section 5329 of Title 23 (Domestic
     Relations); sections 1515, 5551, 9802 of Title 42 (Judiciary and
     Judicial Procedure); sections 3903, 6124, 7122 of Title 61
     (Prisons and Parole).
     § 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.
        (c)  Grading.--Voluntary manslaughter is a felony of the
     first degree.
     (Nov. 17, 1995, 1st Sp.Sess., P.L.1144, No.36, eff. 60 days)

        1995 Amendment.  Act 36, 1st Sp.Sess., amended subsec. (c).
        Cross References.  Section 2503 is referred to in sections
     5708, 6105 of this title; sections 1515, 9711, 9802 of Title 42
     (Judiciary and Judicial Procedure); sections 3903, 7122 of Title
     61 (Prisons and Parole).
     § 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.
     (July 6, 1995, P.L.251, No.31, eff. 60 days)

        Cross References.  Section 2504 is referred to in sections
     2711, 6105 of this title; section 1611 of Title 75 (Vehicles).
     § 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.
     § 2506.  Drug delivery resulting in death.
        (a)  General rule.--A person commits murder of the third
     degree who 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), known as The
     Controlled Substance, Drug, Device and Cosmetic Act, and another
     person dies as a result of using the substance.
        (b)  Mandatory minimum sentence.--A person convicted under
     subsection (a) shall be sentenced to a minimum sentence of at
     least five years of total confinement 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,
     notwithstanding any other provision of this title or other
     statute to the contrary.
        (c)  Proof of sentencing.--(Deleted by amendment).
        (d)  Authority of court in 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 shall not be available to a defendant to which this section
     applies.
        (e)  Appeal by Commonwealth.--If a sentencing court refuses
     to apply subsection (b) 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 subsection (b) if it finds that the
     sentence was imposed in violation of subsection (b).
        (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.
     (Dec. 22, 1989, P.L.773, No.109, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. 60 days)

        Cross References.  Section 2506 is referred to in section
     3308 of this title; section 3903 of Title 61 (Prisons and
     Parole).
     § 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.
        (c)  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).
     (Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

        2008 Amendment.  Act 131 added section 2507.

                                CHAPTER 26
                       CRIMES AGAINST UNBORN CHILD

     Sec.
     2601.  Short title of chapter.
     2602.  Definitions.
     2603.  Criminal homicide of unborn child.
     2604.  Murder of unborn child.
     2605.  Voluntary manslaughter of unborn child.
     2606.  Aggravated assault of unborn child.
     2607.  Culpability.
     2608.  Nonliability and defenses.
     2609.  Construction.

        Enactment.  Chapter 26 was added October 2, 1997, P.L.379,
     No.44, effective in 180 days.
     § 2601.  Short title of chapter.
        This chapter shall be known and may be cited as the Crimes
     Against the Unborn Child Act.
     § 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).
     § 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.
     § 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.
        (c)  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.

        Cross References.  Section 2604 is referred to in section
     2603 of this title.
     § 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.
        (c)  Penalty.--The penalty for voluntary manslaughter of an
     unborn child shall be the same as the penalty for voluntary
     manslaughter.

        Cross References.  Section 2605 is referred to in section
     2603 of this title.
     § 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.

        Cross References.  Section 2606 is referred to in section 108
     of this title.
     § 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 (c) (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.
     § 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.
     § 2609.  Construction.
        The provisions of this chapter shall not be construed to
     prohibit the prosecution of an offender under any other
     provision of law.

                                CHAPTER 27
                                 ASSAULT

     Sec.
     2701.  Simple assault.
     2702.  Aggravated assault.
     2702.1. Assault of law enforcement officer.
     2703.  Assault by prisoner.
     2703.1. Aggravated harassment by prisoner.
     2704.  Assault by life prisoner.
     2705.  Recklessly endangering another person.
     2706.  Terroristic threats.
     2707.  Propulsion of missiles into an occupied vehicle or onto
            a roadway.
     2707.1. Discharge of a firearm into an occupied structure.
     2707.2. Paintball guns and paintball markers.
     2708.  Use of tear or noxious gas in labor disputes.
     2709.  Harassment.
     2709.1. Stalking.
     2710.  Ethnic intimidation.
     2711.  Probable cause arrests in domestic violence cases.
     2712.  Assault on sports official.
     2713.  Neglect of care-dependent person.
     2714.  Unauthorized administration of intoxicant.
     2715.  Threat to use weapons of mass destruction.
     2716.  Weapons of mass destruction.
     2717.  Terrorism.

        Enactment.  Chapter 27 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 27 is referred to in section
     5985.1 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; June 22, 2001,
     P.L.605, No.48, eff. 60 days; Dec. 9, 2002, P.L.1391, No.172,
     eff. 60 days)

        Cross References.  Section 2701 is referred to in sections
     2709.1, 2711, 2712, 6105.1 of this title; section 6711 of Title
     23 (Domestic Relations).
     § 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 (c) 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 (c), 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 (c), 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 (c) 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.
        (c)  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), 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.
        (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.
     (Oct. 1, 1980, P.L.689, No.139, eff. 60 days; Oct. 16, 1980,
     P.L.978, No.167, eff. 60 days; Dec. 11, 1986, P.L.1517, No.164,
     eff. 60 days; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; July 6,
     1995, P.L.238, No.27, eff. 60 days; Feb. 23, 1996, P.L.17, No.7,
     eff. 60 days; July 2, 1996, P.L.478, No.75, eff. 60 days; Dec.
     21, 1998, P.L.1245, No.159, eff. 60 days; Nov. 6, 2002,
     P.L.1096, No.132, eff. 60 days; Nov. 29, 2004, P.L.1349, No.173,
     eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

        2004 Amendments.  Act 173 amended subsec. (c) and Act 207
     amended subsec. (c)(23). Act 207 overlooked the amendment by Act
     173, but the amendments do not conflict in substance and have
     both been given effect in setting forth the text of subsec. (c).
     See sections 28 and 29 of Act 207 in the appendix to this title
     for special provisions relating to applicability and
     construction of law.
        Cross References.  Section 2702 is referred to in sections
     2703, 2709.1, 2711, 5708, 6105 of this title; sections 2511,
     5329, 6344, 6711 of Title 23 (Domestic Relations); sections
     5551, 5552, 6302, 6307, 6308, 6336, 6355, 9714, 9717, 9718,
     9719, 9802 of Title 42 (Judiciary and Judicial Procedure);
     section 702 of Title 54 (Names); section 7122 of Title 61
     (Prisons and Parole).
     § 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.
        (c)  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. § 9712(e) (relating
     to sentences for offenses committed with firearms).
     (Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

        2008 Amendment.  Act 131 added section 2702.1.
        Cross References.  Section 2702.1 is referred to in section
     9719.1 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19,
     eff. imd.)

        Cross References.  Section 2703 is referred to in section
     6105 of this title; section 9802 of Title 42 (Judiciary and
     Judicial Procedure); section 7122 of Title 61 (Prisons and
     Parole).
     § 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.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 added section 2703.1.
     § 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.
     (Mar. 26, 1974, P.L.213, No.46, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        Cross References.  Section 2704 is referred to in section
     6105 of this title; section 9802 of Title 42 (Judiciary and
     Judicial Procedure); section 7122 of Title 61 (Prisons and
     Parole).
     § 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.

        Cross References.  Section 2705 is referred to in sections
     2709.1, 2711 of this title; section 6711 of Title 23 (Domestic
     Relations).
     § 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. § 9721(c) (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)  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.
     (June 18, 1998, P.L.534, No.76, eff. 60 days; Dec. 15, 1999,
     P.L.915, No.59, eff. 60 days; June 28, 2002, P.L.481, No.82,
     eff. 60 days)

        2002 Amendment.  Act 82 amended subsecs. (b), (c) and (d).
        1999 Amendment.  Act 59 amended subsec. (a) and added
     subsecs. (d) and (e).
        Cross References.  Section 2706 is referred to in sections
     911, 2711, 5708 of this title; section 5329 of Title 23
     (Domestic Relations); section 5552 of Title 42 (Judiciary and
     Judicial Procedure); section 1532 of Title 75 (Vehicles).
     § 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.
     (July 16, 1975, P.L.62, No.37; Dec. 21, 1998, P.L.1103, No.149,
     eff. 60 days)

        1998 Amendment.  Act 149 amended subsec. (b).
     § 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.
        (c)  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.
     (Dec. 20, 2000, P.L.831, No.116, eff. 60 days)

        2000 Amendment.  Act 116 added section 2707.1.
     § 2707.2.  Paintball guns and paintball markers.
        (a)  Unlawful carrying in vehicle.--
            (1)  (Deleted by amendment).
            (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
                    (C)  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.
        (c)  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.
     (Nov. 21, 2001, P.L.846, No.87, eff. 60 days; Dec. 22, 2005,
     P.L.449, No.85, eff. 60 days)

        Cross References.  Section 2707.2 is referred to in section
     6304 of this title.
     § 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.
     (Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

        Cross References.  Section 2708 is referred to in section
     2702 of this title.
     § 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)  Stalking.--(Deleted by amendment).
        (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.
        (c)  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.
                (ii)  (Deleted by amendment).
        (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), known as the Labor Anti-
     Injunction Act, or to any constitutionally protected activity.
        (e.1)  Course of conduct.--(Deleted by amendment).
        (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.
        "Emotional distress."  (Deleted by amendment).
        "Family or household member."  (Deleted by amendment).
     (June 23, 1993, P.L.124, No.28, eff. imd.; Oct. 2, 1997,
     P.L.379, No.44, eff. 60 days; Dec. 15, 1999, P.L.915, No.59,
     eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)

        2002 Amendment.  See sections 9 and 10 of Act 218 in the
     appendix to this title for special provisions relating to
     references to section 2709 and references to section 5504.
        Cross References.  Section 2709 is referred to in sections
     4954, 4955, 5708 of this title; section 3304 of Title 5
     (Athletics and Sports); sections 6108, 6711 of Title 23
     (Domestic Relations); section 3573 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
        (c)  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. § 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), 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.
     (Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)

        2002 Amendment.  Act 218 added section 2709.1. See sections 9
     and 10 of Act 218 in the appendix to this title for special
     provisions relating to references to section 2709 and references
     to section 5504.
        Cross References.  Section 2709.1 is referred to in sections
     2711, 4954, 4955, 5708, 6105 of this title; section 3304 of
     Title 5 (Athletics and Sports); sections 5329, 6108, 6344, 6702,
     6704, 6711 of Title 23 (Domestic Relations).
     § 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.
        (c)  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.
     (June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 3, 2002,
     P.L.1176, No.143, eff. imd.; Dec. 9, 2002, P.L.1759, No.218,
     eff. 60 days)

        2008 Effectuation of Declaration of Unconstitutionality.  The
     Legislative Reference Bureau effectuated the 2008
     unconstitutionality.
        2008 Unconstitutionality.  Act 143 of 2002 was declared
     unconstitutional. Marcavage v. Rendell, 936 A.2d 188 (Pa.
     Commonwealth 2007).
        2002 Amendments.  Act 143 amended the entire section and Act
     218 amended subsec. (a). Act 218 overlooked the amendment by Act
     143, but the amendments do not conflict in substance and both
     have been given effect in setting forth the text of subsec. (a).
        1982 Amendment.  See section 2 of Act 154 of 1982 in the
     appendix to this title for special provisions relating to right
     of action for injunction, damages or other relief.
        Effective Date.  After December 2, 2002, and before February
     7, 2003, section 2710 will reflect only the amendment by Act
     143, as follows:
        § 2710.  Ethnic intimidation.
            (a)  Offense defined.--A person commits the offense of
        ethnic intimidation if, with malicious intention toward the
        actual or perceived race, color, religion, national origin,
        ancestry, mental or physical disability, sexual orientation,
        gender or gender identity 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) or under
        section 5504 (relating to harassment by communication or
        address) 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.
            (c)  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
        actual or perceived race, color, religion or national origin,
        ancestry, mental or physical disability, sexual orientation,
        gender or gender identity of another individual or group of
        individuals.
        Cross References.  Section 2710 is referred to in section
     8309 of Title 42 (Judiciary and Judicial Procedure).
     § 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. § 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.
        (c)  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."
     (Feb. 15, 1986, P.L.27, No.10, eff. 60 days; Dec. 19, 1990,
     P.L.1240, No.206, eff. 90 days; Dec. 20, 2000, P.L.728, No.101,
     eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)

        2002 Amendment.  Act 218 amended subsec. (a).
        1990 Amendment.  Act 206 amended subsec. (d).
     § 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.
        (c)  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.
     (Feb. 14, 1990, P.L.54, No.7, eff. imd.)

        1990 Amendment.  Act 7 added section 2712.
     § 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.
        (c)  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), 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. § 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. § 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, 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.
     (July 6, 1995, P.L.242, No.28, eff. 60 days; June 25, 1997,
     P.L.284, No.26, eff. 60 days; June 18, 1998, P.L.503, No.70,
     eff. 60 days; Nov. 29, 2006, P.L.1484, No.169, eff. 60 days)

        2006 Amendment.  Act 169 amended subsec. (e).
        1998 Amendment.  Act 70 amended subsec. (d)(2).
        1997 Amendment.  Act 26 amended subsec. (f).
        1995 Amendment.  Act 28 added section 2713.
        Cross References.  Section 2713 is referred to in section
     4120 of this title; section 5461 of Title 20 (Decedents, Estates
     and Fiduciaries); section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     (Dec. 19, 1997, P.L.621, No.65, eff. 60 days)

        1997 Amendment.  Act 65 added section 2714.
     § 2715.  Threat to use weapons of mass destruction.
        (a)  Offense defined.--A person who intentionally:
            (1)  (Deleted by amendment).
            (2)  (Deleted by amendment).
            (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.
        (c)  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. § 9721(c)
     (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), 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.
     (Dec. 20, 2000, P.L.728, No.101, eff. 60 days; June 28, 2002,
     P.L.481, No.82, eff. 60 days)
     § 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.
        (c)  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. § 9721(c) (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), 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.
     (June 28, 2002, P.L.481, No.82, eff. 60 days)

        2002 Amendment.  Act 82 added section 2716.
        Cross References.  Section 2716 is referred to in sections
     5708, 6105 of this title.
     § 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.
        (c)  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.
     (July 7, 2006, P.L.342, No.71, eff. 60 days)

        2006 Amendment.  Act 71 added section 2717.
        Cross References.  Section 2717 is referred to in section
     6801.1 of Title 42 (Judiciary and Judicial Procedure).

                                CHAPTER 29
                                KIDNAPPING

     Sec.
     2901.  Kidnapping.
     2902.  Unlawful restraint.
     2903.  False imprisonment.
     2904.  Interference with custody of children.
     2905.  Interference with custody of committed persons.
     2906.  Criminal coercion.
     2907.  Disposition of ransom.
     2908.  Missing children.
     2909.  Concealment of whereabouts of a child.
     2910.  Luring a child into a motor vehicle or structure.

        Enactment.  Chapter 29 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 29 is referred to in section 911
     of this title; section 5985.1 of Title 42 (Judiciary and
     Judicial Procedure).
     § 2901.  Kidnapping.
        (a)  Offense defined.--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.
        (b)  Grading.--Kidnapping is a felony of the first degree. A
     removal or confinement is unlawful within the meaning of this
     section if it is accomplished by force, threat or deception, or,
     in the case of a person who is under the age of 14 years or an
     incapacitated person, if it is accomplished without the consent
     of a parent, guardian or other person responsible for general
     supervision of his welfare.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

        1992 Amendment.  Act 24 amended subsec. (b).
        Cross References.  Section 2901 is referred to in sections
     2709.1, 5708, 6105 of this title; section 3304 of Title 5
     (Athletics and Sports); sections 5329, 6344, 6711 of Title 23
     (Domestic Relations); sections 5552, 6302, 9720.2, 9795.1, 9802
     of Title 42 (Judiciary and Judicial Procedure); sections 3903,
     7122 of Title 61 (Prisons and Parole).
     § 2902.  Unlawful restraint.
        (a)  Offense defined.--A person commits an offense 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)  Grading.--
            (1)  Except as provided in paragraph (2), an offense
        under subsection (a) is a misdemeanor of the first degree.
            (2)  If the victim of the offense is an individual under
        18 years of age, an offense under subsection (a) is a felony
        of the second degree.
     (Dec. 30, 1974, P.L.1120, No.361, eff. imd.; Dec. 20, 2000,
     P.L.721, No.98, eff. imd.)

        2000 Amendment.  Section 3(1) of Act 98 provided that the
     amendment of section 2902 shall apply to offenses committed on
     or after the effective date of Act 98. See the preamble to Act
     98 in the appendix to this title for special provisions relating
     to legislative intent.
        Cross References.  Section 2902 is referred to in section
     6105 of this title; sections 5329, 6344 of Title 23 (Domestic
     Relations).
     § 2903.  False imprisonment.
        (a)  Offense defined.--A person commits an offense if he
     knowingly restrains another unlawfully so as to interfere
     substantially with his liberty.
        (b)  Grading.--
            (1)  Except as provided in paragraph (2), an offense
        under subsection (a) is a misdemeanor of the second degree.
            (2)  If the victim of the offense is an individual under
        18 years of age, an offense under subsection (a) is a felony
        of the second degree.
     (Dec. 20, 2000, P.L.721, No.98, eff. imd.)

        2000 Amendment.  Section 3(1) of Act 98 provided that the
     amendment of section 2903 shall apply to offenses committed on
     or after the effective date of Act 98. See the preamble to Act
     98 in the appendix to this title for special provisions relating
     to legislative intent.
        Cross References.  Section 2903 is referred to in sections
     5329, 6102 of Title 23 (Domestic Relations).
     § 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.
        (c)  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.
     (July 9, 1984, P.L.661, No.138, eff. imd.)

        1984 Amendment.  Act 138 amended subsec. (c).
        Cross References.  Section 2904 is referred to in section
     6108 of Title 23 (Domestic Relations).
     § 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.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

        1992 Amendment.  Act 24 amended subsec. (b).
     § 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.
        (c)  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.

        Cross References.  Section 2906 is referred to in section
     3001 of this title.
     § 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.
     (Dec. 30, 1974, P.L.1120, No.361, eff. imd.)

        1974 Amendment.  Act 361 added section 2907.
     § 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.
     (May 9, 1985, P.L.31, No.14, eff. imd.; Feb. 2, 1990, P.L.6,
     No.4, eff. 60 days; June 25, 1992, P.L.315, No.59, eff. 60 days)

        1992 Amendment.  Act 59 added subsec. (a)(3.1).
        1990 Amendment.  Act 4 added subsec. (a.1).
        1985 Amendment.  Act 14 added section 2908.
     § 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.
     (Feb. 2, 1990, P.L.6, No.4, eff. 60 days)

        1990 Amendment.  Act 4 added section 2909.
     § 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.
        (c)  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.
     (Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Nov. 10, 2005,
     P.L.330, No.64, eff. 60 days)

        Cross References.  Section 2910 is referred to in section
     6105 of this title; section 5329 of Title 23 (Domestic
     Relations); section 9795.1 of Title 42 (Judiciary and Judicial
     Procedure); section 2303 of Title 44 (Law and Justice).

                                CHAPTER 30
                          TRAFFICKING OF PERSONS

     Sec.
     3001.  Definitions.
     3002.  Trafficking of persons.
     3003.  Restitution for offenses.
     3004.  Forfeiture.

        Enactment.  Chapter 30 was added November 9, 2006, P.L.1340,
     No.139, effective in 60 days.
        Cross References.  Chapter 30 is referred to in section 911
     of this title.
     § 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.
     § 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.

        Cross References.  Section 3002 is referred to in sections
     3004, 5708 of this title; section 9720.2 of Title 42 (Judiciary
     and Judicial Procedure).
     § 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.
     § 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.
        (c)  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.

                                CHAPTER 31
                             SEXUAL OFFENSES

     Subchapter
        A.  General Provisions
        B.  Definition of Offenses
        C.  Loss of Property Rights

        Enactment.  Chapter 31 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 31 is referred to in sections
     6301, 6318 of this title; sections 1726.1, 5985.1, 5987, 9718.1,
     9912 of Title 42 (Judiciary and Judicial Procedure); section
     2303 of Title 44 (Law and Justice).

                               SUBCHAPTER A
                            GENERAL PROVISIONS

     Sec.
     3101.  Definitions.
     3102.  Mistake as to age.
     3103.  Spouse relationships (Repealed).
     3104.  Evidence of victim's sexual conduct.
     3105.  Prompt complaint.
     3106.  Testimony of complainants.
     3107.  Resistance not required.
     § 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.
     (Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Feb. 2, 1990,
     P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985,
     No.10, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60
     days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)

        2002 Amendments.  Act 162 added the def. of "serious bodily
     injury" and Act 226 added the def. of "serious bodily injury."
     The amendments by Acts 162 and 226 are identical and therefore
     have been merged.
        Cross References.  Section 3101 is referred to in section
     6312 of this title; sections 5533, 6302 of Title 42 (Judiciary
     and Judicial Procedure).
     § 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.
     (May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st
     Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided
     that the amendment of section 3102 shall apply to offenses
     committed on or after the effective date of Act 10.
     § 3103.  Spouse relationships (Repealed).

        1995 Repeal Note.  Section 3103 was repealed March 31, 1995,
     1st Sp.Sess., P.L.985, No.10, effective in 60 days.
     § 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).
     (May 18, 1976, P.L.120, No.53, eff. 30 days)
     § 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.
     (May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st
     Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided
     that the amendment of section 3105 shall apply to offenses
     committed on or after the effective date of Act 10.
     § 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.
     (May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st
     Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided
     that the amendment of section 3106 shall apply to offenses
     committed on or after the effective date of Act 10.
        Prior Provisions.  Former section 3106, which related to the
     same subject matter, was added December 6, 1972, P.L.1482,
     No.334, and repealed November 21, 1973, P.L.339, No.115,
     effective in 60 days.
     § 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.
     (May 18, 1976, P.L.120, No.53, eff. 30 days)

        1976 Amendment.  Act 53 added section 3107.

                               SUBCHAPTER B
                          DEFINITION OF OFFENSES

     Sec.
     3121.  Rape.
     3122.  Statutory rape (Repealed).
     3122.1. Statutory sexual assault.
     3123.  Involuntary deviate sexual intercourse.
     3124.  Voluntary deviate sexual intercourse (Repealed).
     3124.1. Sexual assault.
     3124.2. Institutional sexual assault.
     3125.  Aggravated indecent assault.
     3126.  Indecent assault.
     3127.  Indecent exposure.
     3128.  Spousal sexual assault (Repealed).
     3129.  Sexual intercourse with animal.
     3130.  Conduct relating to sex offenders.
     § 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 amendment).
        (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.
        (c)  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 (c) 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.
     (Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Mar. 31, 1995,
     1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 19, 1997,
     P.L.621, No.65, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162,
     eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)

        2002 Amendments.  Act 226 overlooked the amendment by Act
     162, but the amendments do not conflict in substance (except for
     the designation of the offenses in subsecs. (c) and (d) as
     felonies of the first degree, as to which Act 162 has been given
     effect) and both have been given effect in setting forth the
     text of section 3121.
        Effective Date.  After February 6, 2003, and before February
     14, 2003, section 3121 will reflect only the amendment by Act
     162, as follows:
        § 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.
            (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.
            (c)  Rape of a child.--A person commits 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 a felony of the first degree when the person
        engages in sexual intercourse with a complainant who is less
        than 13 years of age and the complainant 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 (c) 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.
        Cross References.  Section 3121 is referred to in sections
     2709.1, 2714, 3122.1, 3124.1, 3124.2, 3125, 3141, 5708, 6105,
     9122 of this title; section 3304 of Title 5 (Athletics and
     Sports); sections 5329, 6344, 6702, 6711 of Title 23 (Domestic
     Relations); sections 5552, 6302, 6358, 6402, 6403, 9717, 9718,
     9720.2, 9795.1, 9795.4, 9802 of Title 42 (Judiciary and Judicial
     Procedure); sections 3903, 7122 of Title 61 (Prisons and
     Parole).
     § 3122.  Statutory rape (Repealed).

        1995 Repeal Note.  Section 3122 was repealed March 31, 1995,
     1st Sp.Sess., P.L.985, No.10, effective in 60 days.
     § 3122.1.  Statutory sexual assault.
        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 under the age
     of 16 years and that person is four or more years older than the
     complainant and the complainant and the person are not married
     to each other.
     (Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Act 10, 1st Sp.Sess., added section 3122.1.
     Section 18 of Act 10, 1st Sp.Sess., provided that section 3122.1
     shall apply to offenses committed on or after the effective date
     of Act 10.
        Cross References.  Section 3122.1 is referred to in sections
     3124.2, 3125, 3141, 9122 of this title; sections 5303, 6344 of
     Title 23 (Domestic Relations); sections 5552, 6302, 9802 of
     Title 42 (Judiciary and Judicial Procedure).
     § 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 amendment).
            (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.
        (c)  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 (c) 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.
     (Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec.
     9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002,
     P.L.1953, No.226, eff. 60 days)

        2002 Amendments.  Act 226 overlooked the amendment by Act
     162, but the amendments do not conflict in substance (except for
     the designation of the offenses in subsecs. (b) and (c) as
     felonies of the first degree, as to which Act 162 has been given
     effect) and both have been given effect in setting forth the
     text of section 3123.
        Effective Date.  After February 6, 2003, and before February
     14, 2003, section 3123 will reflect only the amendment by Act
     162, as follows:
        § 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)  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)  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.
            (c)  Involuntary deviate sexual intercourse with a
        child.--A person commits 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.
            (d)  Involuntary deviate sexual intercourse with a child
        with serious bodily injury.--A person commits 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 and the complainant 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 (c) 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.
        Cross References.  Section 3123 is referred to in sections
     2709.1, 2714, 3124.1, 3124.2, 3125, 3141, 5708, 6105, 9122 of
     this title; sections 5329, 6344, 6711 of Title 23 (Domestic
     Relations); sections 5552, 6302, 6358, 6402, 6403, 9717, 9718,
     9720.2, 9795.1, 9795.4, 9802 of Title 42 (Judiciary and Judicial
     Procedure); sections 3903, 7122 of Title 61 (Prisons and
     Parole).
     § 3124.  Voluntary deviate sexual intercourse (Repealed).

        1995 Repeal Note.  Section 3124 was repealed March 31, 1995,
     1st Sp.Sess., P.L.985, No.10, effective in 60 days.
     § 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.
     (Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Act 10, 1st Sp.Sess., added section 3124.1.
     Section 18 of Act 10, 1st Sp.Sess., provided that section 3124.1
     shall apply to offenses committed on or after the effective date
     of Act 10.
        Cross References.  Section 3124.1 is referred to in sections
     3124.2, 3125, 3141, 5708, 9122 of this title; sections 5329,
     6344 of Title 23 (Domestic Relations); sections 5552, 6302,
     6358, 6402, 6403, 9795.1, 9795.4, 9802 of Title 42 (Judiciary
     and Judicial Procedure). section 3903 of Title 61 (Prisons and
     Parole).
     § 3124.2.  Institutional sexual assault.
        (a)  General rule.--Except as provided 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.
        (b)  Definition.--As used in this section, the term "agent"
     means 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.
     (Dec. 21, 1998, P.L.1240, No.157, eff. 60 days; May 10, 2000,
     P.L.38, No.12, eff. imd.)

        Cross References.  Section 3124.2 is referred to in section
     9795.1 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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.
     (Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st
     Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1350,
     No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60
     days)

        2002 Amendments.  The amendments by Acts 162 and 226 are
     identical and therefore have been merged.
        Prior Provisions.  Former section 3125, which related to
     corruption of minors, was added December 6, 1972, P.L.1482,
     No.334, and repealed July 1, 1978, P.L.573, No.104, effective in
     60 days.
        Cross References.  Section 3125 is referred to in sections
     2714, 3124.2, 3141, 5708, 6105, 9122 of this title; sections
     5329, 6344 of Title 23 (Domestic Relations); sections 5552,
     6302, 6358, 6402, 6403, 9718, 9795.1, 9795.4, 9802 of Title 42
     (Judiciary and Judicial Procedure); sections 3903, 7122 of Title
     61 (Prisons and Parole).
     § 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.
     (May 18, 1976, P.L.120, No.53, eff. 30 days; Feb. 2, 1990,
     P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985,
     No.10, eff. 60 days; Nov. 23, 2005, P.L.412, No.76, eff. 60
     days)

        Cross References.  Section 3126 is referred to in sections
     2714, 3141, 9122 of this title; section 3304 of Title 5
     (Athletics and Sports); sections 5329, 6344 of Title 23
     (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403,
     9795.1, 9795.4, 9802 of Title 42 (Judiciary and Judicial
     Procedure); section 2303 of Title 44 (Law and Justice); section
     7122 of Title 61 (Prisons and Parole).
     § 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.
     (Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided
     that the amendment of section 3127 shall apply to offenses
     committed on or after the effective date of Act 10.
        Cross References.  Section 3127 is referred to in section
     9122 of this title; sections 5329, 6344 of Title 23 (Domestic
     Relations); section 5552 of Title 42 (Judiciary and Judicial
     Procedure).
     § 3128.  Spousal sexual assault (Repealed).

        1995 Repeal Note.  Section 3128 was repealed March 31, 1995,
     1st Sp.Sess., P.L.985, No.10, effective in 60 days.
     § 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.
     (June 18, 1999, P.L.67, No.8, eff. 60 days)

        1999 Amendment.  Act 8 added section 3129.
        Cross References.  Section 3129 is referred to in section
     5329 of Title 23 (Domestic Relations).
     § 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.
     § 9795.2 (relating to registration procedures and
     applicability), 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. § 9795.2:
            (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. § 9795.2 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. § 9795.1 (relating to registration).
     (Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007)

        2006 Amendment.  Act 178 added section 3130. See the preamble
     to Act 178 in the appendix to this title for special provisions
     relating to legislative intent.
        Cross References.  Section 3130 is referred to in section
     5329 of Title 23 (Domestic Relations).

                               SUBCHAPTER C
                         LOSS OF PROPERTY RIGHTS

     Sec.
     3141.  General rule.
     3142.  Process and seizure.
     3143.  Custody of property.
     3144.  Disposal of property.

        Enactment.  Subchapter C was added November 29, 2006,
     P.L.1567, No.178, effective January 1, 2007.
        Special Provisions in Appendix.  See the preamble to Act 178
     of 2006 in the appendix to this title for special provisions
     relating to legislative intent.
     § 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. § 9795.2 (relating to registration
        procedures and applicability);
     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.
     § 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.
        (c)  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.
     § 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.
     § 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.

                                CHAPTER 32
                                 ABORTION

     Sec.
     3201.  Short title of chapter.
     3202.  Legislative intent.
     3203.  Definitions.
     3204.  Medical consultation and judgment.
     3205.  Informed consent.
     3206.  Parental consent.
     3207.  Abortion facilities.
     3208.  Printed information.
     3208.1. Commonwealth interference prohibited.
     3209.  Spousal notice.
     3210.  Determination of gestational age.
     3211.  Abortion on unborn child of 24 or more weeks gestational
            age.
     3212.  Infanticide.
     3213.  Prohibited acts.
     3214.  Reporting.
     3215.  Publicly owned facilities; public officials and public
            funds.
     3216.  Fetal experimentation.
     3217.  Civil penalties.
     3218.  Criminal penalties.
     3219.  State Board of Medicine; State Board of Osteopathic
            Medicine.
     3220.  Construction.

        Enactment.  Chapter 32 was added June 11, 1982, P.L.476,
     No.138, effective in 180 days.
     § 3201.  Short title of chapter.
        This chapter shall be known and may be cited as the "Abortion
     Control Act."
     § 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.
        (c)  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.
     § 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.
     (Dec. 18, 1984, P.L.1057, No.207, eff. imd.; Mar. 25, 1988,
     P.L.262, No.31, eff. 30 days; Nov. 17, 1989, P.L.592, No.64,
     eff. 60 days)

        1989 Amendment.  Act 64 amended the defs. of "fertilization,"
     "pregnancy" and "unborn child" and added the def. of
     "gestational age."
        1988 Amendment.  Act 31 amended the def. of "medical
     emergency" and added the def. of "physician."
        Cross References.  Section 3203 is referred to in section
     2602 of this title.
     § 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.
        (c)  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, the act
     of December 20, 1985 (P.L.457, No.112), known as the Medical
     Practice Act of 1985, or their successor acts.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsecs. (c) and (d).
        Cross References.  Section 3204 is referred to in section
     3217 of this title.
     § 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.
        (c)  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, the act
     of December 20, 1985 (P.L.457, No.112), known as the Medical
     Practice Act of 1985, 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsecs. (a) and (c).
        Cross References.  Section 3205 is referred to in sections
     3216, 3217 of this title.
     § 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. §
     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.
        (c)  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, the act of
     December 20, 1985 (P.L.457, No.112), known as the Medical
     Practice Act of 1985, 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days; Apr. 16, 1992, P.L.108, No.24,
     eff. 60 days)

        1992 Amendment.  Act 24 amended subsecs. (a), (g) and (i).
        1989 Amendment.  Act 64 amended subsec. (f)(1).
        1988 Amendment.  Act 31 amended subsecs. (a), (e), (f), (g),
     (h) and (i).
        Cross References.  Section 3206 is referred to in section
     3215 of this title.
     § 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days)

        1988 Amendment.  Act 31 amended subsec. (b).
        Cross References.  Section 3207 is referred to in section
     3213 of this title.
     § 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.
        (c)  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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. imd.)

        1989 Amendment.  Act 64 amended subsec. (a). See sections 7,
     8 and 9 of Act 64 in the appendix to this title for special
     provisions relating to publication of forms and materials,
     applicability of reporting and distribution requirements and
     effective date.
     § 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.
     (Nov. 17, 1989, P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 added section 3208.1.
     § 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 (c), 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.
        (c)  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, the act of December 20, 1985 (P.L.457, No.112),
     known as the Medical Practice Act of 1985, 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.
     (Nov. 17, 1989, P.L.592, No.64)

        1989 Amendment.  Act 64 added section 3209. See sections 7, 8
     and 9 of Act 64 in the appendix to this title for special
     provisions relating to publication of forms and materials,
     applicability of reporting and distribution requirements and
     effective date.
        Prior Provisions.  Former section 3209, which related to
     abortion after first trimester, was added June 11, 1982,
     P.L.476, No.138, and repealed March 25, 1988, P.L.262, No.31,
     effective in 30 days.
        References in Text.  Section 3128, referred to in subsec.
     (b), is repealed.
     § 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, the act
     of December 20, 1985 (P.L.457, No.112), known as the Medical
     Practice Act of 1985, 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        Cross References.  Section 3210 is referred to in sections
     3211, 3214 of this title.
     § 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.
        (c)  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
     (c) commits a misdemeanor of the second degree for the first
     offense and a misdemeanor of the first degree for subsequent
     offenses.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        Cross References.  Section 3211 is referred to in section
     3214 of this title.
     § 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.
        (c)  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.
     (Nov. 17, 1989, P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsec. (b).
     § 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.
        (c)  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, the act of December 20, 1985
     (P.L.457, No.112), known as the Medical Practice Act of 1985, 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." 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days)

        1988 Amendment.  Act 31 amended subsec. (c) and added subsec.
     (f).
     § 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(c)(2) (relating to abortion on unborn child of 24 or
        more weeks gestational age), the second physician as required
        by section 3211(c)(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.
        (c)  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, 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, the act of December 20, 1985 (P.L.457, No.112), known as
        the Medical Practice Act of 1985, 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. imd.)

        1989 Amendment.  Act 64 amended subsec. (a). See sections 7,
     8 and 9 of Act 64 in the appendix to this title for special
     provisions relating to publication of forms and materials,
     applicability of reporting and distribution requirements and
     effective date.
        1988 Amendment.  Act 31 amended subsecs. (a), (e), (f), (h)
     and (i).
        References in Text.  The act of June 21, 1957 (P.L.390,
     No.212), referred to as the Right-to-Know Law, referred to in
     subsec. (e)(2), was repealed by the act of February 14, 2008
     (P.L.6, No.3), known as the Right-to-Know Law.
        Cross References.  Section 3214 is referred to in section
     3220 of this title.
     § 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 (c).
            (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 (c).
            (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 (c).
        (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.
        (c)  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 (c). 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 (c)(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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsec. (b).
        1988 Amendment.  Act 31 amended subsecs. (c) and (e) and
     added subsecs. (i) and (j).
     § 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.
        (c)  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.
     (Nov. 17, 1989, P.L.592, No.64, eff. 60 days)
     § 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)
     § 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.
        (c)  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(c) through
     (f) (relating to perjury) apply to subsections (b) and (c).
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsec. (a).
     § 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, the act of December 20, 1985
     (P.L.457, No.112), known as the Medical Practice Act of 1985, 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.
        (c)  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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days)
     § 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," 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."
        (c)  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.
     (Nov. 17, 1989, P.L.592, No.64, eff. 60 days)

                                ARTICLE C
                        OFFENSES AGAINST PROPERTY

     Chapter
       33.  Arson, Criminal Mischief and Other Property Destruction
       35.  Burglary and Other Criminal Intrusion
       37.  Robbery
       39.  Theft and Related Offenses
       41.  Forgery and Fraudulent Practices

                                CHAPTER 33
                    ARSON, CRIMINAL MISCHIEF AND OTHER
                           PROPERTY DESTRUCTION

     Sec.
     3301.  Arson and related offenses.
     3302.  Causing or risking catastrophe.
     3303.  Failure to prevent catastrophe.
     3304.  Criminal mischief.
     3305.  Injuring or tampering with fire apparatus, hydrants, etc.
     3306.  Unauthorized use or opening of fire hydrants.
     3307.  Institutional vandalism.
     3308.  Additional fine for arson committed for profit.
     3309.  Agricultural vandalism.
     3310.  Agricultural crop destruction.
     3311.  Ecoterrorism.
     3312.  Destruction of a survey monument.
     3313.  Illegal dumping of methamphetamine waste.

        Enactment.  Chapter 33 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 33 is referred to in sections 911,
     2710 of this title.
     § 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.
        (c)  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), (c) 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), (c), (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)  Prohibition on certain service.--(Deleted by
     amendment).
        (i)  Defenses.--It is a defense to prosecution under
     subsections (c), (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.
     (Apr. 29, 1982, P.L.363, No.101, eff. 90 days; Dec. 7, 1982,
     P.L.811, No.227, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
     eff. 60 days; Nov. 29, 2006, P.L.1481, No.168, eff. 60 days;
     Nov. 23, 2010, P.L.1181, No.118, eff. imd.)

        2010 Amendment.  Act 118 repealed subsec. (h.1).
        1998 Amendment.  Act 121 amended subsecs. (d), (h) and (i)
     and added subsec.(d.1).
        1982 Amendments.  Section 3 of Act 227 provided that,
     notwithstanding the provisions of 1 Pa.C.S. § 1955, the
     amendments to section 3301 by Act 101 are repealed.
        Cross References.  Section 3301 is referred to in sections
     3308, 3311, 5708, 6105 of this title; section 5303 of Title 23
     (Domestic Relations); section 7713 of Title 35 (Health and
     Safety); sections 5552, 6307, 6308, 6336, 9714, 9802 of Title 42
     (Judiciary and Judicial Procedure); section 702 of Title 54
     (Names); sections 3903, 7122 of Title 61 (Prisons and Parole).
     § 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.
     (Apr. 30, 2002, P.L.300, No.40, eff. 60 days)

        Cross References.  Section 3302 is referred to in sections
     3304, 3311, 5708, 6105 of this title.
     § 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.
     § 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.
        (c)  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.
     (Apr. 21, 1994, P.L.131, No.17, eff. 60 days; Dec. 20, 1996,
     P.L.1522, No.198, eff. 60 days; Oct. 2, 2002, P.L.806, No.116,
     eff. imd.; Dec. 22, 2005, P.L.449, No.85, eff. 60 days)

        2005 Amendment.  Act 85 amended subsec. (a).
        2002 Amendment.  Act 116 amended subsec. (a) and added
     subsec. (c).
        1996 Amendment.  Act 198 amended subsec. (b).
        1994 Amendment.  See the preamble to Act 17 of 1994 in the
     appendix to this title for special provisions relating to
     legislative findings and declarations.
        Cross References.  Section 3304 is referred to in section
     3311 of this title; sections 3573, 9720 of Title 42 (Judiciary
     and Judicial Procedure).
     § 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.
     (Nov. 28, 1973, P.L.370, No.131)

        1973 Amendment.  Act 131 added section 3305.
     § 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.
     (Nov. 28, 1973, P.L.370, No.131)

        1973 Amendment.  Act 131 added section 3306.
     § 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 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.
     (June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 20, 1983,
     P.L.291, No.78, eff. imd.; Oct. 3, 1988, P.L.734, No.103, eff.
     60 days; Apr. 21, 1994, P.L.130, No.16, eff. 60 days; Oct. 2,
     2002, P.L.806, No.116, eff. imd.)

        2002 Amendment.  Act 116 amended subsec. (a).
        1994 Amendment.  Act 16 added subsec. (a.1). See the preamble
     to Act 16 of 1994 in the appendix to this title for special
     provisions relating to legislative findings and declarations.
        Special Provisions in Appendix.  See section 2 of Act 154 of
     1982 in the appendix to this title for special provisions
     relating to right of action for injunction, damages or other
     relief.
        Cross References.  Section 3307 is referred to in sections
     2710, 3311 of this title; sections 8309, 9720 of Title 42
     (Judiciary and Judicial Procedure).
     § 3308.  Additional fine for arson committed for profit.
        (a)  General rule.--Any person convicted under section 2506
     (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.
     (Dec. 7, 1982, P.L.811, No.227, eff. 60 days)

        1982 Amendment.  Act 227 added section 3308.
        References in Text.  Section 2506, referred to subsec. (a),
     did not exist when this section was added. Present section 2506
     contains provisions relating to drug delivery resulting in
     death.
     § 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.
        (c)  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.
     (July 13, 1988, P.L.500, No.86, eff. imd.; June 22, 2001,
     P.L.386, No.27, eff. imd.)

        2001 Amendment.  Act 27 amended subsec. (c).
        1988 Amendment.  Act 86 added section 3309.
        Cross References.  Section 3309 is referred to in sections
     3311, 3503 of this title; section 2303 of Title 3 (Agriculture).
     § 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.
        (c)  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.
     (June 22, 2001, P.L.386, No.27, eff. imd.; Apr. 14, 2006,
     P.L.81, No.27, eff. 60 days)

        Cross References.  Section 3310 is referred to in section
     3311 of this title.
     § 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.
        (c)  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. § 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), 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), (c), (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. § 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).
     (Apr. 14, 2006, P.L.81, No.27, eff. 60 days; Nov. 23, 2010,
     P.L.1360, No.125, eff. imd.)

        2010 Amendment.  Act 125 amended the def. of "specified
     offense against property."
        2006 Amendment.  Act 27 added section 3311.
        Cross References.  Section 3311 is referred to in section
     8319 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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), 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 placeholder.
     (July 7, 2006, P.L.348, No.72, eff. 60 days)

        2006 Amendment.  Act 72 added section 3312.
     § 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.
     (Apr. 29, 2010, P.L.174, No.18, eff. 60 days)

        2010 Amendment.  Act 18 added section 3313.

                                CHAPTER 35
                  BURGLARY AND OTHER CRIMINAL INTRUSION

     Sec.
     3501.  Definitions.
     3502.  Burglary.
     3503.  Criminal trespass.
     3504.  Railroad protection, railroad vandalism and interference
            with transportation facilities.

        Enactment.  Chapter 35 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 35 is referred to in section
     5985.1 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     § 3502.  Burglary.
        (a)  Offense defined.--A person is guilty of burglary if he
     enters a building or occupied structure, or separately secured
     or occupied portion thereof, with intent to commit a crime
     therein, unless the premises are at the time open to the public
     or the actor is licensed or privileged to enter.
        (b)  Defense.--It is a defense to prosecution for burglary
     that the building or structure was abandoned.
        (c)  Grading.--
            (1)  Except as provided in paragraph (2), burglary is a
        felony of the first degree.
            (2)  If the building, structure or portion entered is not
        adapted for overnight accommodation and if no individual is
        present at the time of entry, burglary is a felony of the
        second degree.
        (d)  Multiple convictions.--A person may not be convicted
     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.
     (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991)

        1990 Amendment.  Act 201 amended subsec. (c).
        Cross References.  Section 3502 is referred to in sections
     3311, 5708, 6105 of this title; sections 5552, 9802 of Title 42
     (Judiciary and Judicial Procedure); sections 3903, 7122 of Title
     61 (Prisons and Parole).
     § 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), 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. § 2303 (relating
        to definitions).
        (c)  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.
     (June 23, 1978, P.L.497, No.76, eff. 60 days; Oct. 27, 1995,
     P.L.334, No.53, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
     eff. imd.; Oct. 2, 2002, P.L.806, No.116, eff. imd.; Nov. 23,
     2010, P.L.1360, No.125, eff. imd.)

        2010 Amendment.  Act 125 added subsec. (b.3).
        2002 Amendment.  Act 116 amended subsec. (b) and added
     subsec. (d).
        1998 Amendment.  Act 121 added subsec. (b.2).
        1995 Amendment.  Act 53 added subsec. (b.1).
        1978 Amendment.  Act 76 amended subsec. (a).
        Cross References.  Section 3503 is referred to in sections
     2710, 3311, 6105 of this title; section 2303 of Title 3
     (Agriculture); section 2314 of Title 34 (Game); section 3573 of
     Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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.
     (July 15, 2004, P.L.691, No.74, eff. 60 days)

        2004 Amendment.  Act 74 added section 3504.

                                CHAPTER 37
                                 ROBBERY

     Sec.
     3701.  Robbery.
     3702.  Robbery of motor vehicle.

        Enactment.  Chapter 37 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 37 is referred to in section 911
     of this title; section 5985.1 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     (June 24, 1976, P.L.425, No.102, eff. imd.; Mar. 16, 2010,
     P.L.143, No.11, eff. 60 days)

        Cross References.  Section 3701 is referred to in sections
     5708, 6105 of this title; sections 5552, 6302, 6307, 6308, 6336,
     6355, 9714, 9719, 9802 of Title 42 (Judiciary and Judicial
     Procedure); section 702 of Title 54 (Names); sections 3903, 7122
     of Title 61 (Prisons and Parole).
     § 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. § 2154 (relating to adoption of
     guidelines for sentencing), shall provide for a sentencing
     enhancement for an offense under this section.
     (June 23, 1993, P.L.124, No.28, eff. imd.)

        1993 Amendment.  Act 28 added section 3702.
        Cross References.  Section 3702 is referred to in section
     6105 of this title; section 6302 of Title 42 (Judiciary and
     Judicial Procedure); section 3903 of Title 61 (Prisons and
     Parole).

                                CHAPTER 39
                        THEFT AND RELATED OFFENSES

     Subchapter
        A.  General Provisions
        B.  Definition of Offenses

        Enactment.  Chapter 39 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 39 is referred to in section 911
     of this title; section 2905 of Title 66 (Public Utilities).

                               SUBCHAPTER A
                            GENERAL PROVISIONS

     Sec.
     3901.  Definitions.
     3902.  Consolidation of theft offenses.
     3903.  Grading of theft offenses.
     3904.  Arrest without warrant.
     § 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.
     (July 17, 2007, P.L.139, No.41, eff. 60 days)

        2007 Amendment.  Act 41 added the def. of "firearm."
     § 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.
     § 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
        and the receiver is in the business of buying or selling
        stolen property.
            (4)  The property stolen is any amount of anhydrous
        ammonia.
        (a.1)  Felony of the third degree.--Except as provided in
     subsection (a), 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.
        (b)  Other grades.--Theft not within subsection (a) or (a.1)
     of this section, 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.
        (c)  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.
     (June 17, 1974, P.L.356, No.118, eff. imd.; Nov. 29, 1990,
     P.L.608, No.154, eff. 60 days; Dec. 15, 1999, P.L.915, No.59,
     eff. 60 days; Nov. 23, 2004, P.L.953, No.143, eff. 60 days)

        2004 Amendment.  Act 143 amended subsec. (a).
        1999 Amendment.  Act 59 amended subsecs. (a) and (a.1).
        References in Text.  Section 3928, referred to in this
     section, is repealed.
        Cross References.  Section 3903 is referred to in section
     3926 of this title.
     § 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.
     (Oct. 17, 1974, P.L.749, No.251)

        1974 Amendment.  Act 251 added section 3904.

                               SUBCHAPTER B
                          DEFINITION OF OFFENSES

     Sec.
     3921.  Theft by unlawful taking or disposition.
     3922.  Theft by deception.
     3923.  Theft by extortion.
     3924.  Theft of property lost, mislaid, or delivered by mistake.
     3925.  Receiving stolen property.
     3926.  Theft of services.
     3927.  Theft by failure to make required disposition of funds
            received.
     3928.  Unauthorized use of automobiles and other vehicles.
     3929.  Retail theft.
     3929.1. Library theft.
     3929.2. Unlawful possession of retail or library theft
            instruments.
     3929.3. Organized retail theft.
     3930.  Theft of trade secrets.
     3931.  Theft of unpublished dramas and musical compositions.
     3932.  Theft of leased property.
     3933.  Unlawful use of computer (Repealed).
     3934.  Theft from a motor vehicle.
     § 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.

        Cross References.  Section 3921 is referred to in sections
     1107, 3311, 3903, 5708, 6105 of this title; section 5552 of
     Title 42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 3922 is referred to in sections
     3311, 5708 of this title; sections 5552, 9717 of Title 42
     (Judiciary and Judicial Procedure).
     § 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.
     (June 24, 1976, P.L.425, No.102, eff. imd.)

        Cross References.  Section 3923 is referred to in sections
     5708, 6105 of this title; section 3304 of Title 5 (Athletics and
     Sports); sections 5552, 9802 of Title 42 (Judiciary and Judicial
     Procedure); section 7122 of Title 61 (Prisons and Parole).
     § 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.

        Cross References.  Section 3924 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 3925 is referred to in sections
     3903, 3929.3, 5708, 6105 of this title; section 5552 of Title 42
     (Judiciary and Judicial Procedure).
     § 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.
            (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.
        (c)  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. § 9721(c) (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.
     (Apr. 28, 1978, P.L.85, No.40, eff. 60 days; Nov. 26, 1978,
     P.L.1326, No.321, eff. 90 days; Dec. 21, 1984, P.L.1210, No.230,
     eff. imd.; June 13, 1995, P.L.52, No.8, eff. 60 days)

        Cross References.  Section 3926 is referred to in sections
     910, 5708 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.

        Cross References.  Section 3927 is referred to in section
     5708 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.

        Cross References.  Section 3928 is referred to in section
     3903 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
        (c)  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).
     (Dec. 2, 1976, P.L.1230, No.272, eff. imd.; Apr. 28, 1978,
     P.L.202, No.53, eff. 2 years; Dec. 20, 1996, P.L.1530, No.200,
     eff. 60 days; June 25, 1997, P.L.377, No.42, eff. imd.; Oct. 2,
     2002, P.L.806, No.116, eff. 60 days; Nov. 30, 2004, P.L.1618,
     No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsecs. (e) and (g). See
     sections 28 and 29 of Act 207 in the appendix to this title for
     special provisions relating to applicability and construction of
     law.
        2002 Amendment.  Act 116 amended subsec. (b).
        1997 Amendment.  Act 42 added subsec. (a)(5).
        Cross References.  Section 3929 is referred to in sections
     3903, 3929.2, 3929.3, 9112 of this title; sections 3573, 5552,
     8308 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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.
     (Apr. 27, 1982, P.L.345, No.95, eff. imd.; Nov. 30, 2004,
     P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (g). See sections 28
     and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        1982 Amendment.  Act 95 added section 3929.1.
        Cross References.  Section 3929.1 is referred to in section
     3929.2 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     (Apr. 17, 2002, P.L.246, No.33, eff. 60 days)

        2002 Amendment.  Act 33 added section 3929.2.
        Cross References.  Section 3929.2 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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.
     (June 16, 2010, P.L.212, No.33, eff. 60 days)

        2010 Amendment.  Act 33 added section 3929.3.
     § 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.
        (c)  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.
     (Oct. 16, 1996, P.L.715, No.128, eff. 60 days; June 25, 1997,
     P.L.284, No.26, eff. 60 days; Feb. 19, 2004, P.L.143, No.14,
     eff. 60 days)

        2004 Amendment.  Section 4 of Act 14 provided that Act 14
     shall not apply to misappropriation occurring prior to the
     effective date of Act 14, including a continuing
     misappropriation that began prior to the effective date of Act
     14 and which continues to occur after the effective date of Act
     14.
        Cross References.  Section 3930 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 3931 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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).
     (Aug. 8, 1977, P.L.184, No.49, eff. 90 days; Nov. 1, 1979,
     P.L.255, No.86, eff. Jan. 1, 1980; Oct. 9, 2008, P.L.1403,
     No.111, eff. imd.)

        2008 Amendment.  Act 111 amended subsecs. (b) and (c)(2).
        Cross References.  Section 3932 is referred to in sections
     5552, 8310 of Title 42 (Judiciary and Judicial Procedure).
     § 3933.  Unlawful use of computer (Repealed).

        2002 Repeal Note.  Section 3933 was repealed December 16,
     2002, P.L.1953, No.226, effective in 60 days.
     § 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.
     (Dec. 21, 1998, P.L.1103, No.149, eff. 60 days; June 18, 1999,
     P.L.67, No.8, eff. 60 days)

                                CHAPTER 41
                     FORGERY AND FRAUDULENT PRACTICES

     Sec.
     4101.  Forgery.
     4102.  Simulating objects of antiquity, rarity, etc.
     4103.  Fraudulent destruction, removal or concealment of
            recordable instruments.
     4104.  Tampering with records or identification.
     4105.  Bad checks.
     4106.  Access device fraud.
     4106.1. Unlawful device-making equipment.
     4107.  Deceptive or fraudulent business practices.
     4107.1. Deception relating to kosher food products.
     4107.2. Deception relating to certification of minority
            business enterprise or women's business enterprise.
     4108.  Commercial bribery and breach of duty to act
            disinterestedly.
     4109.  Rigging publicly exhibited contest.
     4110.  Defrauding secured creditors.
     4111.  Fraud in insolvency.
     4112.  Receiving deposits in a failing financial institution.
     4113.  Misapplication of entrusted property and property of
            government or financial institutions.
     4114.  Securing execution of documents by deception.
     4115.  Falsely impersonating persons privately employed.
     4116.  Copying; recording devices.
     4116.1. Unlawful operation of recording device in motion
            picture theater.
     4117.  Insurance fraud.
     4118.  Washing vehicle titles.
     4119.  Trademark counterfeiting.
     4120.  Identity theft.

        Enactment.  Chapter 41 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 41 is referred to in section 3575
     of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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.
     (Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)

        2002 Amendment.  Act 226 amended subsec. (b).
        Cross References.  Section 4101 is referred to in section
     3311 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     § 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.
     § 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.
        (c)  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.
     (Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979)
     § 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.
        (c)  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.
     (July 6, 1984, P.L.647, No.134, eff. 90 days; Dec. 20, 1996,
     P.L.1531, No.201, eff. 60 days; June 22, 2000, P.L.382, No.50,
     eff. 60 days; Dec. 18, 2007, P.L.462, No.70, eff. 60 days)

        2007 Amendment.  Act 70 amended subsec. (e).
        1996 Amendment.  Act 201 amended subsecs. (b) and (c).
        Cross References.  Section 4105 is referred to in section
     6122 of Title 7 (Banks and Banking); sections 3573, 3575, 8304
     of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  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.
     (July 20, 1974, P.L.539, No.185; Dec. 21, 1998, P.L.1103,
     No.149, eff. 60 days)

        Cross References.  Section 4106 is referred to in section
     1107.1 of this title; section 1406 of Title 66 (Public
     Utilities).
     § 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.
        (c)  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.
     (Dec. 21, 1998, P.L.1103, No.149, eff. 60 days)

        1998 Amendment.  Act 149 added section 4106.1.
     § 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
        summmary 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), 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.
        (c)  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.
        § 6809(3)) or regulations adopted by agencies as designated
        by section 504(a) of the Gramm-Leach-Bliley Act (15 U.S.C. §
        6804(a)) and subject to Title V of the Gramm-Leach-Bliley Act
        (15 U.S.C. § 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. § 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).
     (Dec. 4, 1996, P.L.902, No.145, eff. 60 days; April 5, 2004,
     P.L.211, No.26, eff. 60 days; Nov. 30, 2004, P.L.1592, No.202,
     eff. 60 days; Dec. 8, 2004, P.L.1781, No.234, eff. 60 days)

        2004 Amendments.  Act 234 overlooked the amendment by Act
     202, but the amendments do not conflict in substance and have
     both been given effect in setting forth the text of section
     4107.
        Cross References.  Section 4107 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Oct. 4, 1978, P.L.908, No.172, eff. 15 days)

        1978 Amendment.  Act 172 added section 4107.1.
     § 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. § 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.
     (Dec. 21, 1984, P.L.1210, No.230, eff. 60 days)

        1984 Amendment.  Act 230 added section 4107.2.
     § 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.
        (c)  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.

        Cross References.  Section 4108 is referred to in sections
     911, 5708 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
        (c)  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.

        Cross References.  Section 4109 is referred to in sections
     911, 5708 of this title; section 3304 of Title 5 (Athletics and
     Sports); section 5552 of Title 42 (Judiciary and Judicial
     Procedure).
     § 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.
     § 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.
     § 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.
     § 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.

        Cross References.  Section 4113 is referred to in section
     5508.3 of Title 53 (Municipalities Generally); section 6017 of
     Title 64 (Public Authorities and Quasi-Public Corporations).
     § 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.
     § 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.
     § 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.
        (c)  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.
     (Dec. 20, 1996, P.L.1499, No.194, eff. 60 days)
     § 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.
        (c)  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.
     (Dec. 20, 1996, P.L.1499, No.194, eff. 60 days)

        1996 Amendment.  Act 194 added section 4116.1.
     § 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, 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.
        (c)  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, 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).
        (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; 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.
        "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. 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.
     (Feb. 7, 1990, P.L.11, No.6, eff. 60 days; Dec. 19, 1990,
     P.L.1451, No.219, eff. imd.; Dec. 28, 1994, P.L.1408, No.165,
     eff. 60 days; July 6, 1995, P.L.242, No.28, eff. 60 days)

        1995 Repeal Note.  Act 28 repealed subsec. (k)(2).
        References in Text.  Chapter 65 of Title 40 (Insurance),
     referred to in this section, is repealed. The subject matter is
     now contained in Subarticle A of Article XXIV of the act of May
     17, 1921 (P.L.682, No.284), known as The Insurance Company Law
     of 1921.
        The act of December 28, 1994 (P.L.1414, No.166), known as the
     Insurance Fraud Protection Act, referred to in subsec. (j)(2)
     was repealed by the act of December 6, 2002, P.L.1183, No.147.
     The subject matter is now contained in Article XI of the act of
     May 17, 1921 (P.L.682, No.284), known as The Insurance Company
     Law of 1921.
        Cross References.  Section 4117 is referred to in sections
     911, 5708 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     (Mar. 21, 1996, P.L.35, No.11, eff. 60 days)

        1996 Amendment.  Act 11 added section 4118.
     § 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).
        (c)  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).
     (Oct. 16, 1996, P.L.715, No.128, eff. 60 days; Oct. 19, 2010,
     P.L.517, No.74, eff. 60 days)
     § 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.
        (c)  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, 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.
     (May 22, 2000, P.L.102, No.21, eff. 60 days; June 19, 2002,
     P.L.430, No.62, eff. 60 days)

        2002 Amendment.  Act 62 amended subsecs. (a), (b), (c) and
     (f) and added subsec. (e.1).
        2000 Amendment.  Act 21 added section 4120.
        Cross References.  Section 4120 is referred to in sections
     1107.1, 3311 of this title; sections 8315, 9720.1 of Title 42
     (Judiciary and Judicial Procedure).

                                ARTICLE D
                       OFFENSES AGAINST THE FAMILY

     Chapter
       43.  Offenses Against the Family

                                CHAPTER 43
                       OFFENSES AGAINST THE FAMILY

     Subchapter
        A.  Definition of Offenses Generally
        B.  Nonsupport (Repealed)

        Enactment.  Chapter 43 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.

                               SUBCHAPTER A
                     DEFINITION OF OFFENSES GENERALLY

     Sec.
     4301.  Bigamy.
     4302.  Incest.
     4303.  Concealing death of child.
     4304.  Endangering welfare of children.
     4305.  Dealing in infant children.
     4306.  Newborn protection.

        Cross References.  Subchapter A is referred to in section
     2101 of Title 5 (Athletics and Sports).
     § 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.
     § 4302.  Incest.
        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. The relationships referred to in this section
     include blood relationships without regard to legitimacy, and
     relationship of parent and child by adoption.
     (Nov. 17, 1989, P.L.592, No.64, eff. 60 days; Mar. 31, 1995, 1st
     Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided
     that the amendment of section 4302 shall apply to offenses
     committed on or after the effective date of Act 10.
        Cross References.  Section 4302 is referred to in section
     3304 of Title 5 (Athletics and Sports); sections 5329, 6344,
     6702 of Title 23 (Domestic Relations); sections 5552, 6358,
     6402, 6403, 9718.1, 9795.1, 9795.4, 9802 of Title 42 (Judiciary
     and Judicial Procedure); section 2303 of Title 44 (Law and
     Justice); sections 4103, 4503 of Title 61 (Prisons and Parole).
     § 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.
     (Oct. 4, 1978, P.L.909, No.173, eff. 60 days; Mar. 31, 1995, 1st
     Sp.Sess., P.L.985, No.10, eff. 60 days)

        1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided
     that the amendment of section 4303 shall apply to offenses
     committed on or after the effective date of Act 10.
        Cross References.  Section 4303 is referred to in section
     2106 of Title 20 (Decedents, Estates and Fiduciaries); sections
     5329, 6344 of Title 23 (Domestic Relations); section 1515 of
     Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; July 6, 1995,
     P.L.251, No.31, eff. 60 days; Nov. 29, 2006, P.L.1581, No.179,
     eff. 60 days)

        2006 Amendment.  Act 179 amended subsec. (a).
        Cross References.  Section 4304 is referred to in section
     3304 of Title 5 (Athletics and Sports); section 2106 of Title 20
     (Decedents, Estates and Fiduciaries); sections 5329, 6340, 6344
     of Title 23 (Domestic Relations); sections 5552, 9718.1 of Title
     42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 4305 is referred to in section
     5708 of this title; section 3304 of Title 5 (Athletics and
     Sports); sections 2533, 6344 of Title 23 (Domestic Relations).
     § 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 (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. § 6502
     (relating to definitions) and "child abuse" shall be as defined
     in 23 Pa.C.S. § 6303 (relating to definitions).
     (Dec. 9, 2002, P.L.1549, No.201, eff. 60 days)

        2002 Amendment.  Act 201 added section 4306.
        Cross References.  Section 4306 is referred to in section
     6503 of Title 23 (Domestic Relations).

                               SUBCHAPTER B
                                NONSUPPORT
                                (Repealed)

        1985 Repeal Note.  Subchapter B (§§ 4321 - 4324) was added
     December 6, 1972, P.L.1482, No.334, and repealed October 30,
     1985, P.L.264, No.66, effective in 90 days. The subject matter
     is now contained in Chapter 43 of Title 23 (Domestic Relations).

                                ARTICLE E
                  OFFENSES AGAINST PUBLIC ADMINISTRATION

     Chapter
       45.  General Provisions
       47.  Bribery and Corrupt Influence
       49.  Falsification and Intimidation
       51.  Obstructing Governmental Operations
       53.  Abuse of Office

                                CHAPTER 45
                            GENERAL PROVISIONS

     Sec.
     4501.  Definitions.

        Enactment.  Chapter 45 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
     § 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.
     (Mar. 22, 2010, P.L.144, No.12, eff. 60 days)

        2010 Amendment.  Act 12 added the defs. of "licensing board"
     and "professional or occupational license."

                                CHAPTER 47
                      BRIBERY AND CORRUPT INFLUENCE

     Sec.
     4701.  Bribery in official and political matters.
     4702.  Threats and other improper influence in official and
            political matters.
     4703.  Retaliation for past official action.

        Enactment.  Chapter 47 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 47 is referred to in section 911
     of this title; section 3575 of Title 42 (Judiciary and Judicial
     Procedure); section 5508.3 of Title 53 (Municipalities
     Generally); section 6017 of Title 64 (Public Authorities and
     Quasi-Public Corporations).
     § 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.

        Cross References.  Section 4701 is referred to in section
     5708 of this title; section 3304 of Title 5 (Athletics and
     Sports); section 5552 of Title 42 (Judiciary and Judicial
     Procedure).
     § 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.
        (c)  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.

        Cross References.  Section 4702 is referred to in section
     5708 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.

        Cross References.  Section 4703 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).

                                CHAPTER 49
                      FALSIFICATION AND INTIMIDATION

     Subchapter
        A.  Perjury and Falsification in Official Matters
        B.  Victim and Witness Intimidation

        Enactment.  Chapter 49 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Chapter Heading.  The heading of Chapter 49 was amended
     December 4, 1980, P.L.1097, No.187, effective in 60 days.
        Cross References.  Chapter 49 is referred to in section 911
     of this title; section 6122 of Title 23 (Domestic Relations);
     section 5508.3 of Title 53 (Municipalities Generally); section
     6017 of Title 64 (Public Authorities and Quasi-Public
     Corporations).

                               SUBCHAPTER A
                        PERJURY AND FALSIFICATION
                           IN OFFICIAL MATTERS

     Sec.
     4901.  Definition.
     4902.  Perjury.
     4903.  False swearing.
     4904.  Unsworn falsification to authorities.
     4905.  False alarms to agencies of public safety.
     4906.  False reports to law enforcement authorities.
     4907.  Tampering with witnesses and informants (Repealed).
     4908.  Retaliation against witness or informant (Repealed).
     4909.  Witness or informant taking bribe.
     4910.  Tampering with or fabricating physical evidence.
     4911.  Tampering with public records or information.
     4912.  Impersonating a public servant.
     4913.  Impersonating a notary public.
     4914.  False identification to law enforcement authorities.
     4915.  Failure to comply with registration of sexual offenders
            requirements.

        Subchapter Heading.  The heading of Subchapter A was added
     December 4, 1980, P.L.1097, No.187, effective in 60 days.
        Cross References.  Subchapter A is referred to in section
     3575 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     § 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.
        (c)  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.

        Cross References.  Section 4902 is referred to in sections
     3218, 4903, 4904, 5708 of this title; section 1518 of Title 4
     (Amusements); sections 916, 3304 of Title 5 (Athletics and
     Sports); section 1714 of Title 25 (Elections); sections 5552,
     5947 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  Perjury provisions applicable.--Section 4902(c) through
     (f) of this title (relating to perjury) applies to this section.

        Cross References.  Section 4903 is referred to in sections
     1310, 1518, 1602 of Title 4 (Amusements); section 1714 of Title
     25 (Elections); section 4110 of Title 27 (Environmental
     Resources); sections 5552, 5947 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
        (c)  Perjury provisions applicable.--Section 4902(c) 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.
     (Nov. 29, 2006, P.L.1481, No.168, eff. 60 days)

        2006 Amendment.  Act 168 added subsec. (d).
        Cross References.  Section 4904 is referred to in section
     6116 of this title; section 2344 of Title 3 (Agriculture);
     section 1518 of Title 4 (Amusements); sections 102, 134, 8998 of
     Title 15 (Corporations and Unincorporated Associations);
     sections 761, 911, 3101 of Title 20 (Decedents, Estates and
     Fiduciaries); sections 4308.1, 5103, 5337, 6711 of Title 23
     (Domestic Relations); section 1714 of Title 25 (Elections);
     section 4110 of Title 27 (Environmental Resources); sections
     102, 1904, 5552, 5903 of Title 42 (Judiciary and Judicial
     Procedure); section 101 of Title 54 (Names).
     § 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.
     (June 28, 2002, P.L.481, No.82, eff. 60 days)

        Cross References.  Section 4905 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).
     § 4906.  False reports to law enforcement authorities.
        (a)  Falsely incriminating another.--Except as provided in
     subsection (c), 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
     (c), 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.
        (c)  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.
     (June 28, 2002, P.L.481, No.82, eff. 60 days; Oct. 17, 2008,
     P.L.1628, No.131, eff. 60 days)

        2008 Amendment.  Act 131 amended subsec. (c).
        Cross References.  Section 4906 is referred to in sections
     2709, 2709.1, 6105 of this title; section 6106 of Title 23
     (Domestic Relations); section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 4907.  Tampering with witnesses and informants (Repealed).

        1980 Repeal Note.  Section 4907 was repealed December 4,
     1980, P.L.1097, No.187, effective in 60 days. The subject matter
     is now contained in Subchapter B of this chapter.
     § 4908.  Retaliation against witness or informant (Repealed).

        1980 Repeal Note.  Section 4908 was repealed December 4,
     1980, P.L.1097, No.187, effective in 60 days. The subject matter
     is now contained in Subchapter B of this chapter.
     § 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).
     (Dec. 4, 1980, P.L.1097, No.187, eff. 60 days)

        Cross References.  Section 4909 is referred to in section
     5708 of the title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.

        Cross References.  Section 4910 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 4911 is referred to in section
     5708 of this title; section 9518 of Title 13 (Commercial Code);
     section 5552 of Title 42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 4912 is referred to in section
     6105 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     (Mar. 21, 1996, P.L.35, No.11, eff. 60 days Mar. 22, 2010,
     P.L.144, No.12, eff. 60 days)
     § 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.
     (Dec. 20, 2000, P.L.972, No.133, eff. 60 days)

        2000 Amendment.  Act 133 added section 4914.
     § 4915.  Failure to comply with registration of sexual offenders
                requirements.
        (a)  Offense defined.--An individual who is subject to
     registration under 42 Pa.C.S. § 9795.1(a) (relating to
     registration) or an individual who is subject to registration
     under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) commits an offense
     if he knowingly fails to:
            (1)  register with the Pennsylvania State Police as
        required under 42 Pa.C.S. § 9795.2 (relating to registration
        procedures and applicability);
            (2)  verify his address or be photographed as required
        under 42 Pa.C.S. § 9796 (relating to verification of
        residence); or
            (3)  provide accurate information when registering under
        42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S.
        § 9796.
        (b)  Grading for offenders who must register for ten years.--
            (1)  (Deleted by amendment).
            (2)  Except as set forth in paragraph (3), an individual
        subject to registration under 42 Pa.C.S. § 9795.1(a) who
        commits a violation of subsection (a)(1) or (2) commits a
        felony of the third degree.
            (3)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(a) 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 similar offense
        commits a felony of the second degree.
            (4)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
        felony of the second degree.
        (c)  Grading for sexually violent predators and others with
     lifetime registration.--
            (1)  (Deleted by amendment).
            (2)  Except as set forth in paragraph (3), an individual
        subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2)
        or (3) who commits a violation of subsection (a)(1) or (2)
        commits a felony of the second degree.
            (3)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(b)(1), (2) or (3) 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
        similar offense commits a felony of the first degree.
            (4)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection
        (a)(3) commits a felony of the first degree.
        (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. § 9796(a.1) or (b.1) 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. § 9796(a.1) and (b.1) 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.
                (iii)  Law enforcement must make reasonable attempts
            to verify the information provided by the individual.
        (f)  Definition.--As used in this section, the term "a
     similar offense" means an offense similar to an offense under
     either subsection (a)(1) or (2) under the laws of this
     Commonwealth, the United States or one of its territories or
     possessions, another state, the District of Columbia, the
     Commonwealth of Puerto Rico or a foreign nation.
     (Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Nov. 29, 2006,
     P.L.1567, No.178, eff. Jan. 1, 2007)

        2006 Amendment.  Act 178 amended subsecs. (b) and (c). See
     the preamble to Act 178 in the appendix to this title for
     special provisions relating to legislative intent.
        2004 Amendment.  Act 152 added section 4915.
        Cross References.  Section 4915 is referred to in sections
     9718.3, 9795.2, 9795.5, 9796 of Title 42 (Judiciary and Judicial
     Procedure).

                               SUBCHAPTER B
                     VICTIM AND WITNESS INTIMIDATION

     Sec.
     4951.  Definitions.
     4952.  Intimidation of witnesses or victims.
     4953.  Retaliation against witness, victim or party.
     4953.1. Retaliation against prosecutor or judicial official.
     4954.  Protective orders.
     4954.1. Notice on protective order.
     4955.  Violation of orders.
     4956.  Pretrial release.
     4957.  Protection of employment of crime victims, family
            members of victims and witnesses.

        Enactment.  Subchapter B was added December 4, 1980,
     P.L.1097, No.187, effective in 60 days.
     § 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.

        Cross References.  Section 4951 is referred to in section
     8127 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Dec. 10, 2001, P.L.855, No.90, eff. 60 days)

        Cross References.  Section 4952 is referred to in sections
     4909, 4953, 4955, 4956, 5708, 6105 of this title; section 5552
     of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     (Dec. 20, 2000, P.L.837, No.117, eff. imd.)

        Cross References.  Section 4953 is referred to in sections
     4955, 4956, 5708, 6105 of this title; section 5552 of Title 42
     (Judiciary and Judicial Procedure).
     § 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.
        (c)  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.
     (Dec. 21, 1998, P.L.1245, No.159, eff. 60 days; Nov. 30, 2004,
     P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (c). See sections 28
     and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        1998 Amendment.  Act 159 added section 4953.1.
     § 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.
     (June 23, 1993, P.L.124, No.28, eff. imd.; Dec. 9, 2002,
     P.L.1759, No.218, eff. 60 days)

        Cross References.  Section 4954 is referred to in sections
     2709.1, 4954.1, 4955, 4956 of this title; section 6711 of Title
     23 (Domestic Relations); section 8127 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     (June 23, 1993, P.L.124, No.28, eff. imd.)

        1993 Amendment.  Act 28 added section 4954.1.
     § 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.
        (c)  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.
     (June 23, 1993, P.L.124, No.28, eff. imd.; Dec. 9, 2002,
     P.L.1759, No.218, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
     eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (c). See sections 28
     and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        2002 Amendment.  Act 218 amended subsec. (a)(2).
        Cross References.  Section 4955 is referred to in section
     4956 of this title.
     § 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.
     § 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.
        (c)  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),
     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.
     (Oct. 22, 1986, P.L.1451, No.142, eff. 60 days; June 28, 2002,
     P.L.494, No.84, eff. 60 days)

        2002 Amendment.  Act 84 amended the section heading and
     subsec. (a) and added subsec. (d).
        1986 Amendment.  Act 142 added section 4957.

                                CHAPTER 51
                   OBSTRUCTING GOVERNMENTAL OPERATIONS

     Subchapter
        A.  Definition of Offenses Generally
        B.  Escape

        Enactment.  Chapter 51 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 51 is referred to in section
     5508.3 of Title 53 (Municipalities Generally); section 6017 of
     Title 64 (Public Authorities and Quasi-Public Corporations).

                               SUBCHAPTER A
                     DEFINITION OF OFFENSES GENERALLY

     Sec.
     5101.  Obstructing administration of law or other governmental
            function.
     5102.  Obstructing or impeding the administration of justice by
            picketing, etc.
     5103.  Unlawfully listening into deliberations of jury.
     5104.  Resisting arrest or other law enforcement.
     5104.1. Disarming law enforcement officer.
     5105.  Hindering apprehension or prosecution.
     5106.  Failure to report injuries by firearm or criminal act.
     5107.  Aiding consummation of crime.
     5108.  Compounding.
     5109.  Barratry.
     5110.  Contempt of General Assembly.
     5111.  Dealing in proceeds of unlawful activities.
     5112.  Obstructing emergency services.
     § 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.

        Cross References.  Section 5101 is referred to in section
     5708 of this title; section 3132 of Title 27 (Environmental
     Resources; section 5552 of Title 42 (Judiciary and Judicial
     Procedure).
     § 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.
     § 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.

        Cross References.  Section 5103 is referred to in section
     1515 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     § 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.
     (July 5, 2005, P.L.76, No.30, eff. 60 days)

        2005 Amendment.  Act 30 added section 5104.1.
     § 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.
     (Dec. 18, 1996, P.L.1074, No.160, eff. 60 days)
     § 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.
        (c)  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.
     (Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)
     § 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.
     § 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.
     § 5109.  Barratry.
        A person is guilty of a misdemeanor of the third degree if he
     vexes others with unjust and vexatious suits.
     § 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.
     § 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 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 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.
        (c)  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 (c) 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, 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. §
        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. §
        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. § 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.
        "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.
     (Dec. 22, 1989, P.L.770, No.108, eff. imd.; June 28, 2002,
     P.L.481, No.82, eff. 60 days)

        2002 Amendment.  Act 82 amended subsec. (a) and added subsec.
     (e.1).
        1989 Amendment.  Act 108 added section 5111.
        Cross References.  Section 5111 is referred to in sections
     911, 5708 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).
     § 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.
     (Dec. 21, 1998, P.L.1240, No.157, eff. 60 days)

        1998 Amendment.  Act 157 added section 5112.

                               SUBCHAPTER B
                                  ESCAPE

     Sec.
     5121.  Escape.
     5122.  Weapons or implements for escape.
     5123.  Contraband.
     5124.  Default in required appearance.
     5125.  Absconding witness.
     5126.  Flight to avoid apprehension, trial or punishment.
     § 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.
        (c)  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.

        Cross References.  Section 5121 is referred to in sections
     5708, 6105 of this title; sections 9711, 9802 of Title 42
     (Judiciary and Judicial Procedure); sections 1162, 3513, 3703 of
     Title 61 (Prisons and Parole).
     § 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.
            (3)  (Deleted by amendment).
        (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.
     (Dec. 10, 1974, P.L.910, No.300, eff. imd.; Dec. 15, 1999,
     P.L.915, No.59, eff. 60 days)

        Cross References.  Section 5122 is referred to in section
     6105 of this title; section 3513 of Title 61 (Prisons and
     Parole).
     § 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, (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. 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.
        (c)  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.
     (June 23, 1978, P.L.498, No.77, eff. 60 days; Dec. 19, 1988,
     P.L.1275, No.158, eff. 60 days; Dec. 22, 1989, P.L.753, No.105,
     eff. 60 days; July 6, 1995, 1st Sp.Sess., P.L.1049, No.18, eff.
     60 days; June 25, 1997, P.L.284, No.26, eff. 60 days; June 28,
     2002, P.L.494, No.84, eff. 60 days)

        2002 Amendment.  Act 84 added subsecs. (c.1), (c.2) and (e).
        1997 Amendment.  Act 26 amended subsec. (a.2).
        1995 Amendment.  Act 18, 1st Sp.Sess., added subsecs. (a.1),
     (a.2) and (d).
        1989 Amendment.  Act 105 amended subsec. (a) and added
     subsec. (c).
        Cross References.  Section 5123 is referred to in section
     3513 of Title 61 (Prisons and Parole).
     § 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.
     § 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.
     § 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.
     (May 31, 1990, P.L.219, No.47, eff. 60 days)

        1990 Amendment.  Act 47 added section 5126.

                                CHAPTER 53
                             ABUSE OF OFFICE

     Sec.
     5301.  Official oppression.
     5302.  Speculating or wagering on official action or
            information.
     5303.  Liability for reimbursement of costs for outside
            counsel.

        Enactment.  Chapter 53 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 53 is referred to in section
     5508.3 of Title 53 (Municipalities Generally); section 6017 of
     Title 64 (Public Authorities and Quasi-Public Corporations).
     § 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.
     § 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.
     § 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).
        (c)  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), 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),
     referred to as the Public Official and Employee Ethics Law.
     (July 11, 1996, P.L.552, No.98, eff. 60 days)

        1996 Amendment.  Act 98 added section 5303.

                                ARTICLE F
                      OFFENSES AGAINST PUBLIC ORDER
                               AND DECENCY

     Chapter
       55.  Riot, Disorderly Conduct and Related Offenses
       57.  Wiretapping and Electronic Surveillance
       59.  Public Indecency

                                CHAPTER 55
                       RIOT, DISORDERLY CONDUCT AND
                             RELATED OFFENSES

     Sec.
     5501.  Riot.
     5502.  Failure of disorderly persons to disperse upon
            official order.
     5503.  Disorderly conduct.
     5504.  Harassment and stalking by communication or address
            (Repealed).
     5505.  Public drunkenness and similar misconduct.
     5506.  Loitering and prowling at night time.
     5507.  Obstructing highways and other public passages.
     5508.  Disrupting meetings and processions.
     5509.  Desecration, theft or sale of venerated objects.
     5510.  Abuse of corpse.
     5511.  Cruelty to animals.
     5511.1. Live animals as prizes prohibited.
     5511.2. Police animals.
     5511.3. Assault with a biological agent on animal, fowl or
            honey bees.
     5512.  Lotteries, etc.
     5513.  Gambling devices, gambling, etc.
     5514.  Pool selling and bookmaking.
     5515.  Prohibiting of paramilitary training.
     5516.  Facsimile weapons of mass destruction.
     5517.  Unauthorized school bus entry.

        Enactment.  Chapter 55 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 55 is referred to in section 2101
     of Title 5 (Athletics and Sports).
     § 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.

        Cross References.  Section 5501 is referred to in section
     6105 of this title; section 3304 of Title 5 (Athletics and
     Sports).
     § 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.
     § 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.
        (c)  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.

        Cross References.  Section 5503 is referred to in sections
     3573, 8902 of Title 42 (Judiciary and Judicial Procedure).
     § 5504.  Harassment and stalking by communication or address
            (Repealed).

        2002 Repeal Note.  Section 5504 was repealed December 9,
     2002, P.L.1759, No.218, effective in 60 days.
     § 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), 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.
     (June 18, 1999, P.L.67, No.8, eff. 60 days)

        Cross References.  Section 5505 is referred to in sections
     3573, 8902 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     § 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.
        (c)  Definition.--As used in this section the word
     "obstructs" means renders impassable without unreasonable
     inconvenience or hazard.

        Cross References.  Section 5507 is referred to in section
     8902 of Title 42 (Judiciary and Judicial Procedure).
     § 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.
     § 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), 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.
     (May 4, 2001, P.L.3, No.3, eff. 60 days; Dec. 16, 2003, P.L.233,
     No.41, eff. 60 days; Oct. 9, 2008, P.L.1419, No.116, 60 days)

        2008 Amendment.  Section 2 of Act 116 provided that the
     amendment shall apply to offenses committed on or after the
     effective date of section 2.
        2003 Amendment.  Section 2 of Act 41 provided that the
     amendment of section 5509 shall apply to offenses committed on
     or after the effective date of Act 41.
        Cross References.  Section 5509 is referred to in section
     3307 of this title.
     § 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.
     § 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), 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), known as The
            Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
            dogs public nuisances) and 2385 (relating to destruction
            of dogs declared public nuisances), or the regulations
            promulgated thereunder; or
                (iii)  such reasonable activity as may be undertaken
            in connection with vermin control or pest control.
        (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.
        (c)  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. § 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), 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.
     (Dec. 12, 1973, P.L.387, No.137, eff. imd.; Apr. 28, 1978,
     P.L.202, No.53, eff. 60 days; July 10, 1980, P.L.518, No.107,
     eff. 60 days; Dec. 21, 1984, P.L.1210, No.230, eff. 60 days;
     July 8, 1986, P.L.442, No.93, eff. July 1, 1987; Dec. 16, 1986,
     P.L.1671, No.191, eff. 60 days; Apr. 29, 1994, P.L.146, No.24,
     eff. 60 days; July 6, 1995, P.L.238, No.27, eff. 60 days; Oct.
     18, 2000, P.L.605, No.80, eff. 60 days; June 25, 2001, P.L.694,
     No.64, eff. 60 days; Dec. 9, 2002, P.L.1439, No.183, eff. 60
     days; Dec. 8, 2004, P.L.1789, No.236, eff. imd.; Aug. 27, 2009,
     P.L.372, No.38)

        2009 Amendment.  Act 38 amended subsecs. (h) and (h.1),
     effective immediately as to (h) and 60 days as to (h.1).
        2004 Amendment.  Act 236 amended subsec. (c) and added
     subsec. (m.2).
        2002 Amendment.  Act 183 amended subsec. (a)
        2001 Amendment.  Act 64 added subsec. (e.1) and the defs. of
     "conveyance" and "equine animal" in subsec. (q).
        1995 Amendment.   Act 27 amended subsecs. (a) and (q) and
     added subsec. (m.1).
        1994 Amendment.   Act 24 amended subsec. (j) and added
     subsec. (o.1).
        1986 Amendments.  Act 93 amended subsecs. (a) and (p) and Act
     191 amended subsecs. (a), (c), (i), (j), (p) and (q) and added
     subsec. (h.1).
        1986 Partial Repeal.  Section 7 of Act 93 of 1986 (which
     enacted Title 34 (Game)) provided that section 5511 is repealed
     insofar as it relates to Subchapter E of Chapter 23 of Title 34
     (Game).
        References in Text.  The act of June 3, 1937 (P.L.1225,
     No.316), known as The Game Law, referred to in subsec. (a), was
     repealed by the act of July 8, 1986 (P.L.442, No.93). The
     subject matter is now contained in Title 34 (Game).
        Cross References.  Section 5511 is referred to in sections
     3702, 3705, 3708, 3710, 3716 of Title 22 (Detectives and Private
     Police); section 2385 of Title 34 (Game); section 3573 of Title
     42 (Judiciary and Judicial Procedure).
     § 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.
        (c)  Construction of section.--The provisions of this section
     shall not supersede the act of December 7, 1982 (P.L.784,
     No.225), 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.
     (Apr. 29, 1994, P.L.146, No.24, eff. 60 days; Dec. 21, 1998,
     P.L.1240, No.157, eff. 60 days)

        1998 Amendment.   Act 157 amended subsecs. (a) and (b).
        1994 Amendment.  Act 24 added section 5511.1.
     § 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.
        (c)  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),
     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.
     (June 22, 1999, P.L.118, No.19, eff. 60 days; Dec. 22, 2005,
     P.L.483, No.96, eff. 60 days)

        2005 Amendment.  Act 96 amended subsec. (d).
        1999 Amendment.  Act 19 added section 5511.2.
     § 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.
        (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.
        (c)  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.
     (June 25, 2001, P.L.619, No.54, eff. imd.)

        2001 Amendment.  Act 54 added section 5511.3.
     § 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.
        (c)  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.

        Cross References.  Section 5512 is referred to in sections
     911, 5708 of this title; section 3304 of Title 5 (Athletics and
     Sports); section 5552 of Title 42 (Judiciary and Judicial
     Procedure).
     § 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.
        (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.
        (c)  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), 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.
        (f)  Definitions.--As used in this section, the term
     "gambling place" does not include a vessel that is in the
     process of construction, delivery, conversion or repair by a
     shipbuilding business that complies with subsection (d).
     (July 1, 1978, P.L.572, No.103, eff. 30 days; July 11, 1996,
     P.L.552, No.98, eff. imd.; May 16, 2002, P.L.325, No.48, eff. 60
     days)

        2004 Partial Repeal.  Section 1903(a)(2) of Title 4 (relating
     to amusements), which was added by Act 71 of 2004, provided that
     subsec. (a) is repealed insofar as it is inconsistent with Part
     II of Title 4.
        2002 Amendment.  Act 48 amended subsec. (c).
        1996 Amendment.  Act 98 added subsecs. (d), (e) and (f).
        1981 Partial Repeal.  Section 9 of the act of July 10, 1981
     (P.L.214, No.67), known as the Bingo Law, repealed Title 18 to
     the extent that it is inconsistent with Act 67.
        Cross References.  Section 5513 is referred to in sections
     911, 5708 of this title; section 1903 of Title 4 (Amusements);
     section 3304 of Title 5 (Athletics and Sports); section 5552 of
     Title 42 (Judiciary and Judicial Procedure).
     § 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.

        Cross References.  Section 5514 is referred to in sections
     911, 5708 of this title; section 3304 of Title 5 (Athletics and
     Sports); section 5552 of Title 42 (Judiciary and Judicial
     Procedure).
     § 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. § 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. § 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.
        (c)  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.
     (June 11, 1982, P.L.476, No.138, eff. 180 days; Mar. 19, 1992,
     P.L.18, No.7, eff. imd.)

        1992 Amendment.  Act 7 amended subsec. (d).
        1982 Amendment.  Act 138 added section 5515.
        Cross References.  Section 5515 is referred to in sections
     4906, 6105, 6120 of this title.
     § 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. § 9721(c) (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), 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.
        (c)  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.
     (Oct. 31, 1997, P.L.491, No.50, eff. 60 days; June 28, 2002,
     P.L.481, No.82, eff. 60 days)

        Cross References.  Section 5516 is referred to in sections
     5708, 6105 of this title.
     § 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.
     (June 11, 1998, P.L.460, No.65, eff. 60 days)

        1998 Amendment.  Act 65 added section 5517.

                                CHAPTER 57
                 WIRETAPPING AND ELECTRONIC SURVEILLANCE

     Subchapter
        A.  General Provisions
        B.  Wire, Electronic or Oral Communication
        C.  Stored Wire and Electronic Communications and Transactional
            Records Access
        D.  Mobile Tracking Devices
        E.  Pen Registers, Trap and Trace Devices and
            Telecommunication Identification Interception Devices
        F.  Miscellaneous

        Enactment.  Present Chapter 57 was added October 4, 1978,
     P.L.831, No.164, effective in 60 days.
        Prior Provisions.  Former Chapter 57, which related to
     invasion of privacy, was added December 6, 1972, P.L.1482,
     No.334, and repealed October 4, 1978, P.L.831, No.164, effective
     in 60 days.
        Cross References.  Chapter 57 is referred to in section 1522
     of Title 4 (Amusements); section 3575 of Title 42 (Judiciary and
     Judicial Procedure).

                               SUBCHAPTER A
                            GENERAL PROVISIONS

     Sec.
     5701.  Short title of chapter.
     5702.  Definitions.

        Subchapter Heading.  The heading of Subchapter A was added
     October 21, 1988, P.L.1000, No.115, effective immediately.
     § 5701.  Short title of chapter.
        This chapter shall be known and may be cited as the
     "Wiretapping and Electronic Surveillance Control Act."
     § 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.
        "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.
        "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 by amendment).
            (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 communication service."  Any service which
     provides to users the ability to send or receive wire or
     electronic communications.
        "Electronic communication system."  Any wire, radio,
     electromagnetic, photo-optical or photoelectronic facilities for
     the transmission of electronic communications, and any computer
     facilities or related electronic equipment for the electronic
     storage of such communications.
        "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.
        "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.
        "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.
        "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 electronic communication was transmitted.
        "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. The term includes any electronic
     storage of such communication.
     (Dec. 23, 1981, P.L.593, No.175, eff. 60 days; Oct. 21, 1988,
     P.L.1000, No.115, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff.
     imd.; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)

        2002 Amendment.  Act 162 added the def. of "suspected
     criminal activity."
        1998 Amendment.  Act 19 amended the defs. of "electronic
     communication," "electronic, mechanical or other device,"
     "intercept," "investigative or law enforcement officer,"
     "judge," "pen register" and "wire communication" and added the
     defs. of "home," "state" and "telecommunication identification
     interception device."
        Cross References.  Section 5702 is referred to in sections
     911, 5903 of this title.

                               SUBCHAPTER B
                  WIRE, ELECTRONIC OR ORAL COMMUNICATION

     Sec.
     5703.  Interception, disclosure or use of wire, electronic or
            oral communications.
     5704.  Exceptions to prohibition of interception and disclosure
            of communications.
     5705.  Possession, sale, distribution, manufacture or
            advertisement of electronic, mechanical or other devices.
     5706.  Exceptions to prohibitions in possession, sale,
            distribution, manufacture or advertisement of electronic,
            mechanical or other devices.
     5707.  Seizure and forfeiture of electronic, mechanical or other
            devices.
     5708.  Order authorizing interception of wire, electronic or oral
            communications.
     5709.  Application for order.
     5710.  Grounds for entry of order.
     5711.  Privileged communications.
     5712.  Issuance of order and effect.
     5713.  Emergency situations.
     5713.1. Emergency hostage and barricade situations.
     5714.  Recording of intercepted communications.
     5715.  Sealing of applications, orders and supporting papers.
     5716.  Service of inventory and inspection of intercepted
            communications.
     5717.  Investigative disclosure or use of contents of wire,
            electronic or oral communications or derivative evidence.
     5718.  Interception of communications relating to other
            offenses.
     5719.  Unlawful use or disclosure of existence of order
            concerning intercepted communication.
     5720.  Service of copy of order and application before
            disclosure of intercepted communication in trial,
            hearing or proceeding.
     5721.  Suppression of contents of intercepted communication or
            derivative evidence (Repealed).
     5721.1. Evidentiary disclosure of contents of intercepted
            communication or derivative evidence.
     5722.  Report by issuing or denying judge.
     5723.  Annual reports and records of Attorney General and
            district attorneys.
     5724.  Training.
     5725.  Civil action for unlawful interception, disclosure or
            use of wire, electronic or oral communication.
     5726.  Action for removal from office or employment.
     5727.  Expiration (Repealed).
     5728.  Injunction against illegal interception.

        Subchapter Heading.  The heading of Subchapter B was added
     October 21, 1988, P.L.1000, No.115, effective immediately.
        Cross References.  Subchapter B is referred to in section
     5702 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)
     § 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 by amendment).
                (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 made, 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; 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;
                    (C)  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.
                § 553); or
                    (B)  is excepted from the application of section
                705(a) of the Communications Act of 1934 (47 U.S.C. §
                605(a)) by section 705(b) of that act (47 U.S.C. §
                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)  will resist with the use of weapons; or
                    (B)  is threatening suicide or harm to 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 shall have access to that recording.
                    (C)  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 shall have access to that recording.
                    (C)  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. § 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;
                    (C)  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 (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.
     (July 10, 1981, P.L.227, No.72, eff. 60 days; Dec. 23, 1981,
     P.L.593, No.175, eff. 60 days; Oct. 21, 1988, P.L.1000, No.115,
     eff. imd.; Sept. 26, 1995, 1st Sp.Sess., P.L.1056, No.20, eff.
     60 days; Dec. 19, 1996, P.L.1458, No.186, eff. 60 days; Feb. 18,
     1998, P.L.102, No.19, eff. imd.; June 11, 2002, P.L.367, No.52,
     eff. imd.)

        2002 Amendment.  Act 52 added par. (16).
        1998 Amendment.  Act 19 amended the intro. par. and pars.
     (2), (5) and (9) and added par. (15).
        1996 Amendment.  Act 186 amended par. (2) and added par.
     (14).
        1995 Amendment.  Act 20, 1st Sp.Sess., added par. (13).
        Cross References.  Section 5704 is referred to in sections
     5702, 5706, 5720, 5721.1, 5742, 5747, 5749, 5782 of this title.
     § 5705.  Possession, sale, distribution, manufacture or
                advertisement of electronic, mechanical or other
                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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.; June 11, 2002, P.L.367, No.52, eff.
     imd.; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)

        2002 Amendments.  Act 52 amended subsec. (b) and Act 162
     amended subsec. (b)(2).
        Cross References.  Section 5706 is referred to in sections
     5704, 5705 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)
     § 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), 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), 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).
            (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.
     (Dec. 2, 1983, P.L.248, No.67, eff. imd.; Oct. 21, 1988,
     P.L.1000, No.115, eff. imd.; Feb. 2, 1990, P.L.4, No.3, eff.
     imd.; Feb. 18, 1998, P.L.102, No.19, eff. imd.; Dec. 21, 1998,
     P.L.1086, No.145, eff. 60 days; June 28, 2002, P.L.481, No.82,
     eff. 60 days; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days;
     Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 9, 2002,
     P.L.1759, No.218, eff. 60 days; Nov. 9, 2006, P.L.1340, No.139,
     eff. 60 days)

        2006 Amendment.  Act 139 amended par. (1).
        2002 Amendments.  Act 82 amended par. (1), Act 134 amended
     par. (1), Act 162 amended the entire section and Act 218 amended
     pars. (1) and (2). Act 162 overlooked the amendment by Act 134
     and Act 218 overlooked the amendments by Acts 134 and 162, but
     the amendments do not conflict in substance and have been given
     effect in setting forth the text of section 5708.
        Effective Date.  After January 20, 2003, and before February
     7, 2003, section 5708 will reflect only the amendment by Act
     134, as follows:
        § 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
        interception is to be made, 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(b) (relating to harassment and
                stalking)
                    Section 2716 (relating to weapons of mass
                destruction)
                    Section 2901 (relating to kidnapping)
                    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 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 5504 (relating to harassment by
                communication or address)
                    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),
            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), 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).
                (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.
        References in Text.  The act of November 15, 1972 (P.L.1227,
     No.272), referred to in this section, amended the act of
     December 8, 1970 (P.L.874, No.276), known as The Pennsylvania
     Corrupt Organizations Act of 1970, which was repealed by the act
     of December 6, 1972 (P.L.1482, No.334). The subject matter is
     now contained in section 911 of Title 18.
        Section 3933, referred to in this section, is repealed.
        Section 5504, referred to in this section, is repealed.
        Cross References.  Section 5708 is referred to in sections
     5704, 5710, 5713, 5742 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Dec. 9, 2002,
     P.L.1350, No.162, eff. 60 days)

        Cross References.  Section 5709 is referred to in sections
     5702, 5713.1 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)

        Cross References.  Section 5710 is referred to in sections
     5712, 5721.1 of this title.
     § 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.
     § 5712.  Issuance of order and effect.
        (a)  Authorizing orders.--Each 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).
        (c)  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 electronic
     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 electronic communication service
     under such an order may include, but is not limited to,
     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, provided that such obligation of a provider of
     electronic communications service is technologically feasible.
     Any provider of electronic 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 amended subsecs. (e), (f) and (g).
        Cross References.  Section 5712 is referred to in sections
     5706, 5713.1, 5721.1 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.; Dec. 9, 2002, P.L.1350, No.162, eff.
     60 days)

        2002 Amendment.  Act 162 amended subsec. (a).
        Cross References.  Section 5713 is referred to in sections
     5706, 5713.1, 5716, 5721.1, 5747 of this title.
     § 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).
        (c)  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 will 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 threatened to resist with the use of
            weapons; or
                (ii)  is threatening suicide or harm to 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 amended subsecs. (b) and (c).
        1988 Amendment.  Act 115 added section 5713.1.
        Cross References.  Section 5713.1 is referred to in sections
     5706, 5716, 5721.1 of this title.
     § 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).
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        Cross References.  Section 5714 is referred to in sections
     5704, 5713, 5749, 5773 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)
     § 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.
        (c)  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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)

        Cross References.  Section 5716 is referred to in sections
     5713, 5713.1 of this title.
     § 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) or (b), 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.
        (c)  Otherwise authorized personnel.--(Deleted by amendment).
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        Cross References.  Section 5717 is referred to in sections
     5704, 5714, 5718, 5721.1, 5749 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        Suspension by Court Rule.  Section 5720 was suspended by
     Pennsylvania Rule of Juvenile Court Procedure No. 800(13),
     adopted April 1, 2005, insofar as it is inconsistent with Rule
     340(B)(6) relating to pre-adjudicatory discovery and inspection.
        Section 5720 was suspended by Pennsylvania Rule of Criminal
     Procedure No. 1101(5), adopted March 1, 2000, insofar as it is
     inconsistent with Rule No. 573 only insofar as section 5720 may
     delay disclosure to a defendant seeking discovery under Rule No.
     573(B)(1)(g).
     § 5721.  Suppression of contents of intercepted communication or
                derivative evidence (Repealed).

        1998 Repeal Note.  Section 5721 was repealed February 18,
     1998, P.L.102, No.19, effective immediately.
     § 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.
        (c)  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.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 added section 5721.1.
        Cross References.  Section 5721.1 is referred to in section
     5749 of this title.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)
     § 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. § 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. § 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. § 2519(2).
        (c)  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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. imd.)

        Cross References.  Section 5724 is referred to in sections
     5704, 5706, 5710, 5713.1, 5714, 5749 of this title.
     § 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.
        (c)  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.
     (July 10, 1981, P.L.228, No.73, eff. 60 days; Oct. 21, 1988,
     P.L.1000, No.115, eff. imd.)

        Cross References.  Section 5725 is referred to in section
     5713 of this title.
     § 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.
     (July 10, 1981, P.L.228, No.73, eff. 60 days)
     § 5727.  Expiration (Repealed).

        1988 Repeal Note.  Section 5727 was repealed October 21,
     1988, P.L.1000, No.115, effective immediately.
     § 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.
     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.)

        1988 Amendment.  Act 115 added section 5728.

                               SUBCHAPTER C
                STORED WIRE AND ELECTRONIC COMMUNICATIONS
                     AND TRANSACTIONAL RECORDS ACCESS

     Sec.
     5741.  Unlawful access to stored communications.
     5742.  Disclosure of contents and records.
     5743.  Requirements for governmental access.
     5744.  Backup preservation.
     5745.  Delayed notice.
     5746.  Cost reimbursement.
     5747.  Civil action.
     5748.  Exclusivity of remedies.
     5749.  Retention of certain records.

        Enactment.  Subchapter C was added October 21, 1988,
     P.L.1000, No.115, effective immediately.
     § 5741.  Unlawful access to stored communications.
        (a)  Offense.--Except as provided in subsection (c), 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.
        (c)  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).
     § 5742.  Disclosure of contents and records.
        (a)  Prohibitions.--Except as provided in subsection (b) and
     (c):
            (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.
        (c)  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
        (c)(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.
     (Oct. 9, 2008, P.L.1403, No.111, eff. imd.)

        2008 Amendment.  Act 111 amended the section heading and
     subsec. (a) intro. par. and added subsecs. (a)(3), (c) and
     (c.1).
        Cross References.  Section 5742 is referred to in section
     5746 of this title.
     § 5743.  Requirements for governmental access.
        (a)  Contents of electronic communications in electronic
     storage.--Investigative or law enforcement officers may require
     the disclosure by a provider of electronic communication service
     of the contents of an electronic communication which is in
     electronic storage in an electronic 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 electronic 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 electronic 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 an
        electronic 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.
        (c)  Records concerning electronic communication service or
     remote computing service.--
            (1)  (Deleted by amendment).
            (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 (c) 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.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 9, 2008,
     P.L.1403, No.111, eff. imd.)

        2008 Amendment.  Act 111 deleted subsec. (c)(1).
        1998 Amendment.  Act 19 amended subsecs. (d) and (e).
        Cross References.  Section 5743 is referred to in sections
     5712, 5741, 5742, 5744, 5745, 5746, 5747 of this title.
     § 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.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 amended subsec. (b).
        Cross References.  Section 5744 is referred to in sections
     5741, 5746 of this title.
     § 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;
                    (C)  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.

        Cross References.  Section 5745 is referred to in sections
     5743, 5744 of this title.
     § 5746.  Cost reimbursement.
        (a)  Payment.--Except as otherwise provided in subsection
     (c), 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.
        (c)  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.
     (Oct. 9, 2008, P.L.1403, No.111, eff. imd.)

        2008 Amendment.  Act 111 amended subsec. (a).
     § 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 (c); and
            (3)  reasonable attorney fees and other litigation costs
        reasonably incurred.
        (c)  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.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 amended subsec. (d).
     § 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.
     § 5749.  Retention of certain records.
        (a)  Retention.--The commander shall maint