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 us
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