18 Pa.C.S. § 4119 — PA Code / Title 18 / Chapter 41 / Section 4119
Trademark counterfeiting.
Status: in_force

(a) Offense defined.--Any person who knowingly and with intent to sell or to otherwise transfer for purposes of commercial advantage or private financial gain:

(1) manufactures;

(2) sells;

(3) offers for sale;

(4) displays;

(5) advertises;

(6) distributes; or

(7) transports any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting.

(b) (Reserved).

(c) Penalties.--

(1) Except as provided in paragraphs (2) and (3), a violation of this section constitutes a misdemeanor of the first degree.

(2) A violation of this section constitutes a felony of the third degree if:

(i) the defendant has previously been convicted under this section; or

(ii) the violation involves more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000.

(3) A violation of this section constitutes a felony of the second degree if:

(i) the defendant has been previously convicted of two or more offenses under this section;

(ii) the violation involves the manufacture or production of items bearing counterfeit marks; or

(iii) the violation involves 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $10,000.

(d) Quantity or retail value.--The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services the defendant manufactures, sells, offers for sale, displays, advertises, distributes or transports.

(e) Fine.--Any person convicted under this section shall be fined in accordance with existing law or an amount up to three times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater.

(f) Seizure, forfeiture and disposition.--

(1) Any items bearing a counterfeit mark, any property constituting or derived from any proceeds obtained, directly or indirectly, as the result of an offense under this section and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, used in connection with a violation of this section shall be seized by a law enforcement officer.

(2)

(i) All seized personal property and property constituting or derived from any proceeds referenced in paragraph (1) shall be forfeited in accordance with 42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive seizures) and 5808 (relating to exceptions).

(ii) Upon the conclusion of all criminal and civil forfeiture proceedings, the court shall order that forfeited items bearing or consisting of a counterfeit mark be destroyed or alternatively disposed of in another manner with the written consent of the trademark owners and the prosecuting attorney responsible for the charges.

(3)

(i) If a person is convicted of an offense under this section, the court shall order the person to pay restitution to the trademark owner and to any other victim of the offense.

(ii) In determining the value of the property loss involving an offense against the trademark owner, a court shall grant restitution for all amounts, including expenses incurred by the trademark owner in the investigation and prosecution of the offense as well as the disgorgement of any profits realized by a person convicted of the offense.

(g) Evidence.--Any Federal or State certificate of registration shall be prima facie evidence of the facts stated therein.

(h) Remedies cumulative.--The remedies provided for in this section shall be cumulative to the other civil and criminal remedies provided by law.

(i) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Counterfeit mark." A spurious mark that meets all of the following:

(1) Is applied to, used or intended to be used in connection with an item or service.

(2) Is identical with or substantially indistinguishable from a mark registered and in use in this Commonwealth, any other state or on the principal register in the United States Patent and Trademark Office, whether or not the person knew the mark was registered.

(3) The application of which is either:

(i) likely to cause confusion, to cause mistake or to deceive; or

(ii) otherwise intended to be used on or in connection with the item or service for which the mark is registered.

"Item." Any of the following:

(1) Goods.

(2) Labels.

(3) Patches.

(4) Fabric.

(5) Stickers.

(6) Wrappers.

(7) Badges.

(8) Emblems.

(9) Medallions.

(10) Charms.

(11) Boxes.

(12) Containers.

(13) Cans.

(14) Cases.

(15) Hangtags.

(16) Documentation.

(17) Packaging.

(18) Any other components of a type or nature that are designed, marketed or otherwise intended to be used on or in connection with any goods or services.

"Retail value." One of the following:

(1) The counterfeiter's regular selling price for the item or service bearing or identified by a counterfeit mark, except that it shall be the retail price of the authentic counterpart if the item or service bearing or identified by a counterfeit mark would appear to a reasonably prudent person to be authentic. If no authentic reasonably similar counterpart exists, the retail value shall be the counterfeiter's regular selling price.

(2) If the items bearing a counterfeit mark are components of a finished product, the retail value shall be treated as if each component were a finished good and valued under paragraph (1). (Oct. 16, 1996, P.L.715, No.128, eff. 60 days; Oct. 19, 2010, P.L.517, No.74, eff. 60 days; June 29, 2017, P.L.247, No.13, eff. July 1, 2017) 2017 Amendment. Act 13 amended subsec. (f)(2)(i). Cross References. Section 4119 is referred to in sections 5803, 5808 of Title 42 (Judiciary and Judicial Procedure).
18 Pa.C.S. § 2602 — PA Code / Title 18 / Chapter 26 / Section 2602
Definitions.
Status: in_force

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
18 Pa.C.S. § 3019 — PA Code / Title 18 / Chapter 30 / Section 3019
Victim protection during prosecution.
Status: in_force

(a) Disclosure of name of victim of human trafficking.--Notwithstanding any other provision of law to the contrary, unless the court otherwise orders in a prosecution involving a victim of human trafficking, an officer or employee of the court may not disclose the identity of the victim of human trafficking to the public. Any record revealing the name of the victim of human trafficking shall not be open to public inspection.

(b) Affirmative defense.--An individual who is charged with any violation under section 5902 (relating to prostitution and related offenses) may offer the defense at trial that he engaged in the conduct charged because he was compelled to do so by coercion or 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.

(c) Diversionary program.--An individual who is charged with violating a trespassing, loitering, obstruction of highway, disorderly conduct or simple possession of a controlled substance statute as a direct result of being a victim of human trafficking, where the violation is his first offense, shall be given first consideration for a pretrial diversionary program by the judicial authority with jurisdiction over the violations. If the individual successfully completes the diversionary program, the court shall order that the individual's records of the charge of violating the statute shall be expunged as provided for under section 9122 (relating to expungement).

(d) Motion to vacate conviction.--

(1) An individual convicted under section 3503 (relating to criminal trespass), 5503 (relating to disorderly conduct), 5506 (relating to loitering and prowling at night time), 5507 (relating to obstructing highways and other public passages) or 5902 or an offense for simple possession of a controlled substance committed as a direct result of being a victim of human trafficking may file a motion to vacate the conviction.

(2) In order to be considered, a motion under this subsection must:

(i) Be in writing.

(ii) Be consented to by the attorney for the Commonwealth.

(iii) Describe the supporting evidence with particularity.

(iv) Include copies of any documents showing that the moving party is entitled to relief under this section.

(e) Official documentation.--No official determination or documentation is required to grant a motion under this section, but official documentation from a Federal, State or local government agency indicating that the defendant was a victim at the time of the offense creates a presumption that the defendant's participation in the offense was a direct result of being a victim.

(f) Grant of motion.--The court shall grant the motion if it finds that:

(1) The moving party was convicted of an offense described in subsection (d)(1).

(2) The conviction was obtained as a result of the moving party's having been a victim of human trafficking.

(g) Conviction vacated.--If the motion under subsection (d) is granted, the court shall vacate the conviction, strike the adjudication of guilt and order the expungement of the record of the criminal proceedings. The court shall issue an order to expunge all records and files related to the moving party's arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings and probation for the offense.
18 Pa.C.S. § 5101 — PA Code / Title 18 / Chapter 51 / Section 5101
Obstructing administration of law or other governmental function.
Status: in_force

A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions. Cross References. Section 5101 is referred to in section 5708 of this title; section 3132 of Title 27 (Environmental Resources; section 5552 of Title 42 (Judiciary and Judicial Procedure).
18 Pa.C.S. § 5728 — PA Code / Title 18 / Chapter 57 / Section 5728
Injunction against illegal interception.
Status: in_force

Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this subchapter, the Attorney General may initiate a civil action in the Commonwealth Court to enjoin the violation. The court shall proceed as soon as practicable to the hearing and determination of the action and may, at any time before final determination, enter a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the Commonwealth or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Pennsylvania Rules of Civil Procedure, except that, if a criminal complaint has been filed against the respondent, discovery is governed by the Pennsylvania Rules of Criminal Procedure. (Oct. 21, 1988, P.L.1000, No.115, eff. imd.) 1988 Amendment. Act 115 added section 5728.
18 Pa.C.S. § 9158.1 — PA Code / Title 18 / Chapter 91 / Section 9158.1
Right to access.
Status: in_force

A requesting party or a requesting party's legal representative may obtain criminal history investigative information under this subchapter for use in or investigation of an actual or potential civil action in this Commonwealth relating to that criminal history investigative information.
18 Pa.C.S. § 3933 — PA Code / Title 18 / Chapter 39 / Section 3933
Unlawful use of computer (Repealed).
Status: repealed

2002 Repeal. Section 3933 was repealed December 16, 2002 (P.L.1953, No.226), effective in 60 days.
18 Pa.C.S. § 6703 — PA Code / Title 18 / Chapter 67 / Section 6703
Dealing in military decorations.
Status: in_force

A person is guilty of a misdemeanor of the third degree if, without authority, he purchases, sells, or offers for sale, or accepts as a pledge or pawn, any medal, insignia or decoration granted by the United States for service in the armed forces.
18 Pa.C.S. § 7105 — PA Code / Title 18 / Chapter 71 / Section 7105
Pool and billiard rooms.
Status: in_force

A person is guilty of a summary offense if he, being a licensed keeper, proprietor, owner or superintendent of any public poolroom or billiard room except as otherwise provided

in this section for cities of the first class, permits such place to remain open on Sunday or between the hours of one o'clock antemeridian and six o'clock antemeridian of any secular day, or knowingly allows or permits any person under the age of 18 years to be present in any public poolroom or billiard room, or if he, being a licensed keeper, proprietor, owner or superintendent of any public poolroom or billiard room having at least six tables, in a city of the first class, permits such place to remain open on Sunday, except between the hours of one o'clock postmeridian and ten o'clock postmeridian, or knowingly allows or permits any person under the age of 16 years to be present in any such public poolroom or billiard room.
18 Pa.C.S. § 9544 — PA Code / Title 18 / Chapter 95 / Section 9544
Audits.
Status: in_force

By December 31 of each year, an independent counsel shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding June 30. An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures within 90 days of the date on which the office is terminated. The Auditor General shall audit each statement and report the results of each audit to the appropriate committees of the General Assembly no later than March 31 of the year following the submission of the statement.
18 Pa.C.S. § 7323 — PA Code / Title 18 / Chapter 73 / Section 7323
Discrimination on account of uniform.
Status: in_force

A person is guilty of a misdemeanor of the second degree if, being the proprietor, manager, or employee of a theatre, hotel, restaurant, or other place of public entertainment or amusement, he discriminates against any person wearing the uniform of the armed forces of the United States, because of that uniform.
18 Pa.C.S. § 9183 — PA Code / Title 18 / Chapter 91 / Section 9183
Civil actions.
Status: in_force

(a) Injunctions.--The Attorney General or any other individual or agency may institute an action in a court of proper jurisdiction against any person, agency or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual violating the provisions of this chapter or to compel such agency, organization or person to comply with the provisions of this chapter.

(b) Action for damages.--

(1) Any person aggrieved by a violation of the provisions of this chapter or of the rules and regulations promulgated under this chapter, shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction.

(2) A person found by the court to have been aggrieved by a violation of this chapter or the rules or regulations promulgated under this chapter, shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney's fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of this chapter, or the rules or regulations adopted under this chapter, found to be willful. Cross References. Section 9183 is referred to in section 9106 of this title.
18 Pa.C.S. § 6316 — PA Code / Title 18 / Chapter 63 / Section 6316
Selling or furnishing certain stimulants to minors.
Status: in_force

(a) Offense defined.--A person commits a summary offense if he knowingly sells or purchases with the intent to sell ephedrine to a person who is less than 18 years of age.

(b) Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Ephedrine."

(1) Except as provided in paragraph (2), any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine or a salt of an optical isomer of ephedrine.

(2) The term does not include a product containing ephedrine if it may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph; is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and as described as follows:

(i) Solid oral dosage forms, including soft gelatin caplets, that combine active ingredients in the following ranges for each dosage unit:

(A) Theophylline (100-130 mg), ephedrine (12.5-24 mg).

(B) Theophylline (60-100 mg), ephedrine (12.5-24 mg), guaifenesin (200-400 mg).

(C) Ephedrine (12.5-25 mg), guaifenesin (200-400 mg).

(D) Phenobarbital (not greater than 8 mg) in combination with the ingredients of clause (A) or

(B).

(ii) Liquid oral dosage forms that combine active ingredients in the following ranges for each 5 ml dose:

(A) Theophylline (not greater than 45 mg), ephedrine (not greater than 36 mg), guaifenesin (not greater than 100 mg), phenobarbital (not greater than 12 mg).

(B) Phenylephephrine (not greater than 5 mg), ephedrine (not greater than 5 mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg), ammonium Cl (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml).

(iii) Anorectal preparations containing less than 5% ephedrine.

(iv) Any liquid compound, mixture or preparation containing 0.5% or less of ephedrine. (May 9, 1997, P.L.142, No.8, eff. 60 days) 1997 Amendment. Act 8 added section 6316. See the preamble to Act 8 in the appendix to this title for special provisions relating to legislative findings and declarations.
18 Pa.C.S. § 9538 — PA Code / Title 18 / Chapter 95 / Section 9538
Independence from Office of Attorney General.
Status: in_force

Each independent counsel appointed under this chapter and the persons appointed by that independent counsel under section 9533 (relating to additional personnel) are separate from and independent of the Office of Attorney General.
18 Pa.C.S. § 6310.2 — PA Code / Title 18 / Chapter 63 / Section 6310.2
Manufacture or sale of false identification card.
Status: in_force

(a) Offense defined.--A person commits a misdemeanor of the second degree if he intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another.

(b) Minimum penalty.--In addition to any other penalty imposed pursuant to this title or any other statute, a person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $1,000 for the first violation and a fine of not less than $2,500 for each subsequent violation. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law. No court shall have the authority to suspend any sentence as defined in this section.

(c) Adjudication of delinquency.--In addition to any other disposition authorized by law, a person adjudicated delinquent

under subsection (a) shall be ordered to pay a fine of $500 for the first adjudication of delinquency and a fine of $1,000 for each subsequent adjudication of delinquency. (Mar. 25, 1988, P.L.262, No.31, eff. 60 days) 1988 Amendment. Act 31 added section 6310.2. Cross References. Section 6310.2 is referred to in section 6310.6 of this title.
18 Pa.C.S. § 3929.3 — PA Code / Title 18 / Chapter 39 / Section 3929.3
Organized retail theft.
Status: in_force

(a) Offense defined.--A person commits organized retail theft if the person organizes, coordinates, controls, supervises, finances or manages any of the activities of an organized retail theft enterprise.

(b) Grading.--

(1) If the retail value of the stolen merchandise in the possession of or under the control of the organized retail theft enterprise is at least $2,500, but not more than $9,999, the offense is a felony of the third degree.

(2) If the retail value of the stolen merchandise in the possession of or under the control of the organized retail theft enterprise is at least $10,000, but not more than $49,999, the offense is a felony of the second degree.

(3) If the retail value of the stolen merchandise in the possession of or under the control of the organized retail theft enterprise is at least $50,000, the offense is a felony of the first degree.

(b.1) Enforcement.--

(1) The district attorneys of the several counties shall have authority to investigate and to institute criminal proceedings for a violation of this section.

(2) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for a violation of this section or a series of related violations involving more than one county of this Commonwealth or involving a county of this Commonwealth and another state.

(3) No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case and, if a challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of the Commonwealth to the person.

(b.2) Office of Deputy Attorney General for Organized Retail Crime Theft.--

(1) The Office of Deputy Attorney General for Organized Retail Crime Theft is established and shall include five prosecuting attorneys to have geographically concurrent jurisdiction in this Commonwealth. The following shall be the geographic districts of the prosecuting attorneys:

(i) District 1 shall include Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.

(ii) District 2 shall include Berks, Bradford, Carbon, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne and Wyoming Counties.

(iii) District 3 shall include Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York Counties.

(iv) District 4 shall include Armstrong, Butler, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Indiana, Jefferson, Lawrence, McKean, Mercer, Potter, Venango and Warren Counties.

(v) District 5 shall include Allegheny, Beaver, Cambria, Fayette, Greene, Somerset, Washington and Westmoreland Counties.

(2) Each prosecuting attorney may have no more than two special agents employed to assist with the duties under this subsection.

(c) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection:

"Merchandise." Any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.

"Merchant." An owner or operator of a retail mercantile establishment or an agent, employee, lessee, consignee, officer, director, franchise or independent contractor of such owner or operator.

"Organized retail theft enterprise." A corporation, partnership or any other type of association, whether or not legally formed, operated for the purpose of engaging in violations of the provisions of section 3925 (relating to receiving stolen property) or 3929 (relating to retail theft) with intent to resell or reenter the merchandise into commerce.

"Retail value." A merchant's stated or advertised price of merchandise. If merchandise is not traceable to a specific merchant, the stated or advertised price of the merchandise by merchants in the same geographical region. (June 16, 2010, P.L.212, No.33, eff. 60 days; Dec. 14, 2023, P.L.376, No.42, eff. July 1, 2024) 2023 Amendment. Act 42 amended subsecs. (b) and (c) and added subsecs. (b.1) and (b.2). 2010 Amendment. Act 33 added section 3929.3.
18 Pa.C.S. § 4113 — PA Code / Title 18 / Chapter 41 / Section 4113
Misapplication of entrusted property and property of government or financial institutions.
Status: in_force

(a) Offense defined.--A person commits an offense if he applies or disposes of property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted.

(b) Grading.--The offense is a misdemeanor of the second degree if the amount involved exceeds $50; otherwise it is a misdemeanor of the third degree. Cross References. Section 4113 is referred to in sections 17316, 17346 of Title 16 (Counties); section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).
18 Pa.C.S. § 9546 — PA Code / Title 18 / Chapter 95 / Section 9546
Venue.
Status: in_force

The proper venue for all prosecutions conducted by the independent counsel shall be determined in accordance with the Pennsylvania Rules of Criminal Procedure, except that for the purposes of convenience and fairness, the panel may set the venue in any other county on its own motion or at the request of the independent counsel or on petition of the defendant. APPENDIX TO TITLE 18 CRIMES AND OFFENSES ------- Supplementary Provisions of Amendatory Statutes ------- 1972, DECEMBER 6, P.L.1482, NO.334 § 2. Offenses committed prior to June 6, 1973. Title 18 of the Pennsylvania Consolidated Statutes (relating to crimes and offenses), as added by this act, does not apply to offenses committed prior to the effective date of this act and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this act were not in force. For the purposes of this section, an offense was committed prior to the effective date of this act if any of the elements of the offense occurred prior thereto.
18 Pa.C.S. § 7361 — PA Code / Title 18 / Chapter 73 / Section 7361
Worldly employment or business.
Status: in_force

(a) Offense defined.--A person is guilty of a summary offense if he does or performs any worldly employment or business whatsoever on Sunday (works of necessity, charity and wholesome recreation excepted).

(b) Exception.--Subsection (a) of this section shall not prohibit:

(1) The dressing of victuals in private families, bake-houses, lodginghouses, inns and other houses of entertainment for the use of sojourners, travellers or strangers.

(2) The sale of newspapers.

(3) Watermen from landing their passengers, or ferrymen from carrying over the water travellers.

(4) Work in connection with the rendering of service by a public utility as defined in the Public Utility Law.

(5) Persons removing with their families.

(6) The delivery of milk or the necessaries of life, before nine o'clock antemeridian, nor after five o'clock postmeridian.

(7) The production and performance of drama and civic light opera for an admission charge by nonprofit corporations in cities of the second class, between the hours of two o'clock postmeridian and 12 o'clock midnight.

(8) The conducting, staging, managing, operating, performing or engaging in basketball, ice shows and ice hockey for an admission charge in cities of the first and second class, between the hours of two o'clock postmeridian and 12 o'clock midnight.

(c) Definition.--As used in this section "wholesome recreation" means golf, tennis, boating, swimming, bowling, basketball, picnicking, shooting at inanimate targets and similar healthful or recreational exercises and activities. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Repeal. Act 53 repealed the last sentence of subsec.

(a). The repealed provisions have been deleted from the text. Constitutionality. Section 7361 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978). References in Text. The Public Utility Law, referred to in subsection (b), was repealed by the act of July 1, 1978 (P.L.598, No.116). The subject matter is now contained in Part I of Title 66 (Public Utilities). Cross References. Section 7361 is referred to in section 3571 of Title 42 (Judiciary and Judicial Procedure).
18 Pa.C.S. § 5131 — PA Code / Title 18 / Chapter 51 / Section 5131
Recruiting criminal gang members.
Status: in_force

(a) Offense defined.--A person commits the offense of recruiting criminal gang members by:

(1) knowingly soliciting or otherwise causing or attempting to cause a person to participate or remain in a criminal gang;

(2) knowingly inflicting bodily injury as defined in section 2301 (relating to definitions) or using physical menace, force, threats or other intimidation causing or attempting to cause a person to participate or remain in a criminal gang; or

(3) knowingly inflicting serious bodily injury as defined in section 2301 on any person causing or attempting to cause a person to participate or remain in a criminal gang.

(b) Grading.--

(1) Except as provided under paragraph (2), the following shall apply:

(i) An offense under subsection (a)(1) is a misdemeanor of the second degree.

(ii) An offense under subsection (a)(2) is a misdemeanor of the first degree.

(iii) An offense under subsection (a)(3) is a felony of the third degree.

(2) A violation of this section shall be graded one degree higher than provided under paragraph (1) if the subject of the recruiting is under 16 years of age.

(c) Defenses.--It shall not be a defense to this offense that the subject of the recruiting did not join, participate or remain in a criminal gang.

(d) Liability for other violations of statutes.--This section shall not be construed to limit prosecution under any other provision of law.

(e) Definition.--As used in this section, the term "criminal gang" means a formal or informal ongoing organization, association or group, with or without an established hierarchy,

that has as one of its primary activities the commission of criminal or delinquent acts and that consists of three or more persons. Cross References. Section 5131 is referred to in section 9720.4 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice).
18 Pa.C.S. § 2710 — PA Code / Title 18 / Chapter 27 / Section 2710
Ethnic intimidation.
Status: in_force

(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).
18 Pa.C.S. § 5104.3 — PA Code / Title 18 / Chapter 51 / Section 5104.3
Harming a police animal while evading arrest or detention.
Status: in_force

(a) Offense defined.--A person commits an offense if, while engaging in an act prohibited under section 5104 (relating to resisting arrest or other law enforcement), 5104.1 (relating to disarming law enforcement officer) or 5104.2 (relating to evading arrest or detention on foot) or 75 Pa.C.S. § 3733 (relating to fleeing or attempting to elude police officer), the person harms a police animal as defined in section 5531 (relating to definitions).

(b) Grading.--An offense under this section is:

(1) A felony of the third degree if the police animal suffers death or serious bodily injury.

(2) A misdemeanor of the second degree if the police animal suffers bodily injury.

(c) Restitution.--In a case in which a defendant is convicted of a violation under subsection (a), the defendant shall be ordered to make restitution to the agency or individual owning the animal for veterinary bills, for replacement costs of the animal if it is disabled or killed and for the salary of the animal's handler for the period of time the handler's services are lost to the agency. (July 18, 2022, P.L.1620, No.95, eff. 60 days) 2022 Amendment. Act 95 added section 5104.3.
18 Pa.C.S. § 5548 — PA Code / Title 18 / Chapter 55 / Section 5548
Police animals.
Status: in_force

(a) Illegal to taunt police animals.--It shall be unlawful for a person to intentionally or knowingly taunt, torment, tease, beat, kick or strike a police animal. A person who violates the provisions of this subsection commits a felony of the third degree.

(b) Illegal to torture or kill police animals.--It shall be unlawful for a person to:

(1) Intentionally or knowingly torture, mutilate, injure, disable, poison or kill a police animal. A person who violates the provisions of this paragraph commits a felony of the second degree.

(2) Recklessly torture, mutilate, injure, disable, poison or kill a police animal. A person who violates the provisions of this paragraph commits a misdemeanor of the first degree.

(b.1) Illegal to torture or kill police animals during perpetration of felony.--It shall be unlawful for a person to torture, mutilate, injure, disable, poison or kill a police animal while engaged as a principal or an accomplice in the perpetration of a felony. A person who violates the provisions of this subsection commits a felony of the third degree.

(c) Restitution.--In a case in which a defendant is convicted of a violation of subsection (a), (b) or (b.1), the

defendant shall be ordered to make restitution to the agency or individual owning the animal for veterinary bills, for replacement costs of the animal if it is disabled or killed and for the salary of the animal's handler for the period of time the handler's services are lost to the agency. (July 11, 2022, P.L.719, No.60, eff. 60 days)
18 Pa.C.S. § 2 — PA Code / Title 18 / Chapter 2 / Section 2
Right of action for injunction, damages or other relief.
Status: in_force

(a) General rule.--Any person who incurs injury to his person or damage or loss to his property as a result of conduct described in 18 Pa.C.S. § 2710 (relating to ethnic intimidation) or 18 Pa.C.S. § 3307 (relating to institutional vandalism) shall have a right of action against the actor for injunction, damages or other appropriate civil or equitable relief. In any such action the issue of whether the defendant engaged in the conduct alleged shall be determined according to the burden of proof used in other civil actions for similar relief.

(b) Damages and expenses recoverable.--The plaintiff in an action under this section may recover:

(1) General and special damages, including damages for emotional distress.

(2) Punitive damages.

(3) Reasonable attorneys fees and costs. 1989, NOVEMBER 17, P.L.592, NO.64 § 6. Severability. The provisions of this act are severable. If any word, phrase or provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect any other word, phrase or provision or application of this act which can be given effect without the invalid word, phrase, provision or application.

Explanatory Note. Act 64 added or amended the defs. of "fertilization," "gestational age," "pregnancy" and "unborn child" in section 3203 and added or amended sections 3204(c) and (d), 3205(a) and (c), 3206(f)(1), 3208(a), 3208.1, 3209, 3210, 3211, 3212(b), 3214(a), 3215(b), 3216, 3217, 3218(a), 3220 and 4302 of Title 18. § 7. Publication of forms and materials. The Department of Health shall create the forms required by 18 Pa.C.S. §§ 3209(d) and 3214(a) within 30 days after the effective date of this act and shall cause to be published, within 60 days after the effective date of this act, the printed materials described in 18 Pa.C.S. § 3208(a). § 8. Applicability of reporting and distribution requirements. No provision of this act requiring the reporting of information on forms published by the Department of Health, or requiring the distribution of printed materials published by the Department of Health pursuant to 18 Pa.C.S. § 3208, shall be applicable until ten days after the requisite forms are first created and printed materials are first published by the Department of Health or until the effective date of this act, whichever is later. § 9. Effective date. This act shall take effect as follows:

(1) The provisions of 18 Pa.C.S. §§ 3209(d) and 3214(a) requiring the Department of Health to create forms and of 18 Pa.C.S. § 3208(a) requiring the department to publish certain information shall take effect immediately.

(2) The remainder of this act shall take effect in 60 days. 1994, APRIL 21, P.L.130, NO.16 Preamble The General Assembly finds and declares as follows:

(1) For the health, safety and welfare of the residents of this Commonwealth, the laws designed to deter the defacement of public and private property through the use of aerosol spray-paint cans, broad-tipped indelible markers and other marking devices should be strengthened.

(2) Where appropriate, the court should require those who commit acts of defacement to restore the damaged property to its original condition. Explanatory Note. Act 16 amended section 3307 of Title 18. 1994, APRIL 21, P.L.131, NO.17 Preamble The General Assembly finds and declares as follows:

(1) For the health, safety and welfare of the residents of this Commonwealth, the laws designed to deter the defacement of public and private property through the use of aerosol spray-paint cans, broad-tipped indelible markers and other marking devices should be strengthened.

(2) Where appropriate, the court should require those who commit acts of defacement to restore the damaged property to its original condition.

Explanatory Note. Act 17 amended section 3304 of Title 18 and added section 9720 of Title 42. 1994, DECEMBER 12, P.L.1248, NO.148 Preamble The General Assembly finds and declares as follows: The youth of Pennsylvania are the greatest resource of this Commonwealth and the Commonwealth finds that the protection of minors from the possible abuse of alcohol is of great importance. The Commonwealth seeks to prevent minors from using alcoholic products. Nonalcoholic beer, wine and liquor contain amounts of alcohol and often taste, look and smell like legitimate alcoholic products. Therefore, the Commonwealth has a purpose in the restriction of sales of these products to minors. Nonalcoholic beverages are made for those who want to enjoy the taste of alcohol without the effects of alcohol and should never be intended to introduce the youth of this Commonwealth to drinking beer, wine or liquor. Explanatory Note. Act 148 amended or added sections 5781 and 6310.7 of Title 18. 1995, JUNE 13, 1ST SP.SESS., P.L.1024, NO.17 Preamble The General Assembly hereby declares that the purpose of this act is to provide support to law enforcement in the area of crime prevention and control, that it is not the purpose of this act to place any undue or unnecessary restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, transfer, transportation or use of firearms, rifles or shotguns for personal protection, hunting, target shooting, employment or any other lawful activity, and that this act is not intended to discourage or restrict the private ownership and use of firearms by law-abiding citizens for lawful purposes or to provide for the imposition by rules or regulations of any procedures or requirements other than those necessary to implement and effectuate the provisions of this act. The General Assembly hereby recognizes and declares its support of the fundamental constitutional right of Commonwealth citizens to bear arms in defense of themselves and this Commonwealth. Explanatory Note. Act 17 amended, added or repealed sections 913, 6101, 6102, 6103, 6104, 6105, 6106.1, 6107, 6109, 6110, 6110.1, 6111, 6111.1, 6111.2, 6111.3, 6111.4, 6111.5, 6112, 6113, 6114, 6115, 6116, 6117, 6118 and 6125 of Title 18 and sections 6308 and 9712 of Title 42 (Judiciary and Judicial Procedure). 1995, OCTOBER 11, 1ST SP.SESS., P.L.1058, NO.21
18 Pa.C.S. § 3128 — PA Code / Title 18 / Chapter 31 / Section 3128
Spousal sexual assault (Repealed).
Status: repealed

1995 Repeal. Section 3128 was repealed March 31, 1995 (1st Sp.Sess., P.L.985, No.10), effective in 60 days.
18 Pa.C.S. § 5510 — PA Code / Title 18 / Chapter 55 / Section 5510
Abuse of corpse.
Status: in_force

Except as authorized by law, a person who treats a corpse in a way that he knows would outrage ordinary family sensibilities commits a misdemeanor of the second degree. Cross References. Section 5510 is referred to in sections 9122.1, 9122.3 of this title; section 2303 of Title 44 (Law and Justice).
18 Pa.C.S. § 9515 — PA Code / Title 18 / Chapter 95 / Section 9515
Determination that further investigation is warranted.
Status: in_force

(a) Application for appointment of independent counsel.--The special investigative counsel shall apply to the panel for the appointment of an independent counsel if the special investigative counsel, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted.

(a.1) Review by panel.--The panel shall review and consider appointing independent counsel if the 90-day period referred to in section 9513(a) (relating to conduct of preliminary investigation) and any extension granted under section 9513(c) have elapsed and the special investigative counsel has not filed a notification with the panel under section 9514(a) (relating to determination that further investigation not warranted).

(b) Receipt of additional information.--If, after submitting a notification under section 9514(a), the special investigative counsel receives additional information sufficient to constitute grounds to investigate the matters to which the notification related, the special investigative counsel shall:

(1) Conduct an additional preliminary investigation as the special investigative counsel considers appropriate for a period of no more than 90 days after the date on which the additional information is received.

(2) Otherwise comply with the provisions of this subchapter with respect to the additional preliminary investigation to the same extent as any other preliminary investigation under this chapter. Cross References. Section 9515 is referred to in section 9513 of this title.
18 Pa.C.S. § 5303 — PA Code / Title 18 / Chapter 53 / Section 5303
Liability for reimbursement of costs for outside counsel.
Status: in_force

(a) General rule.--A public official who is convicted of a felony or a misdemeanor under Federal law or under the laws of this Commonwealth shall be liable for and shall reimburse any public money expended by the Commonwealth to cover the costs incurred by an agency for outside counsel to defend the convicted public official in connection with a criminal investigation and prosecution of such public official.

(b) Conviction in State court.--When a public official is convicted of a felony or misdemeanor in State court, the court shall, in addition to the punishment prescribed for the offense, order the public official to reimburse any public money for which he is liable under subsection (a).

(c) Conviction in Federal court.--When a public official is convicted of a felony or misdemeanor in a Federal court, the Attorney General shall institute a civil action in Commonwealth Court to recover the public money for which the public official is liable under subsection (a).

(d) Method of reimbursement.--The court may order the public official to make reimbursement of public money in a lump sum, by monthly installments or according to such other schedule as the court may determine appropriate. The period of time during which the public official is ordered to make such reimbursement may exceed the maximum term of imprisonment to which the public official could have been sentenced for the crime of which he was convicted.

(e) Status of reimbursement.--Any reimbursement of public money ordered by the court under this section shall be a judgment in favor of the Commonwealth upon the public official or property of the public official ordered to make reimbursement. The Attorney General shall be responsible for enforcing such judgment in courts of competent jurisdiction in accordance with provisions of this title.

(f) Disposition of funds.--Any money reimbursed or recovered under this section shall be deposited in the fund from which the Commonwealth expended such public money.

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Convicted." A finding or verdict of guilty, an admission of guilt or a plea of nolo contendere.

"Public money." Any money received by the Commonwealth or any agency of the Commonwealth through taxes imposed pursuant to the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, and through fees, fines and penalties imposed pursuant to the laws of this Commonwealth.

"Public official." Any person who is required to file an annual statement of financial interests with the State Ethics Commission as a public official of the Commonwealth in accordance with the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law. (July 11, 1996, P.L.552, No.98, eff. 60 days) 1996 Amendment. Act 98 added section 5303.
18 Pa.C.S. § 5546 — PA Code / Title 18 / Chapter 55 / Section 5546
Skinning of and selling or buying pelts of dogs and cats.
Status: in_force

A person commits a summary offense if the person skins a dog or cat or offers for sale or exchange or offers to buy or exchange the pelt or pelts of a dog or cat.
18 Pa.C.S. § 2707.1 — PA Code / Title 18 / Chapter 27 / Section 2707.1
Discharge of a firearm into an occupied structure.
Status: in_force

(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.
18 Pa.C.S. § 5717 — PA Code / Title 18 / Chapter 57 / Section 5717
Investigative disclosure or use of contents of wire, electronic or oral communications or derivative evidence.
Status: in_force

(a) Law enforcement personnel.--Any investigative or law enforcement officer who, under subsection (a.1), (b), (b.1) or

(c), has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived therefrom, may disclose such contents or evidence to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(a.1) Use of information.--Any investigative or law enforcement officer who, by any means authorized by this subchapter, has obtained knowledge of the contents of any wire, electronic or oral communication or evidence derived therefrom may use such contents or evidence to the extent such use is appropriate to the proper performance of his official duties.

(b) Evidence.--Any person who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived therefrom, may disclose such contents or evidence to an investigative or law enforcement officer and may disclose such contents or evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of this Commonwealth or of another state or of the United States or before any state or Federal grand jury or investigating grand jury.

(b.1) Criminal cases.--Any person who by means authorized by section 5704(17) (relating to exceptions to prohibition of interception and disclosure of communications) has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived therefrom, may in addition to disclosures made under subsection (b) disclose such contents or evidence, on the condition that such disclosure is made for the purpose of providing exculpatory evidence in an open or closed criminal case.

(c) Otherwise authorized personnel.--

(1) Except as provided under paragraph (2), any person who, by any means authorized by the laws of another state

or the Federal Government, has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived from any wire, electronic or oral communication, may disclose the contents or evidence to an investigative or law enforcement officer and may disclose the contents or evidence where otherwise admissible while giving testimony under oath or affirmation in any proceeding in any court of this Commonwealth.

(2) The contents of a nonconsensual interception authorized by the laws of the Federal Government or another state shall not be admissible unless the interception was authorized by a court upon a finding of probable cause that the target of the surveillance is engaged or will engage in a violation of the criminal laws of the Federal Government or any state. (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60 days) 2012 Amendment. Act 202 amended subsec. (a) and added subsecs. (b.1) and (c). Cross References. Section 5717 is referred to in sections 5704, 5714, 5718, 5721.1, 5749 of this title.
18 Pa.C.S. § 3063 — PA Code / Title 18 / Chapter 30 / Section 3063
Law enforcement training.
Status: in_force

The Municipal Police Officers' Education and Training Commission and the Pennsylvania State Police shall provide training to appropriate law enforcement officers. The training shall include:

(1) Methods used to identify a sexually exploited child.

(2) Methods used to interview and engage with a sexually exploited child.

(3) Methods to assist victims to access specialized programs and services for a sexually exploited child.

(4) Methods to minimize trauma in the detention of a sexually exploited child.
18 Pa.C.S. § 6504 — PA Code / Title 18 / Chapter 65 / Section 6504
Public nuisances.
Status: in_force

Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor of the second degree. Where the nuisance is in existence at the time of the conviction and sentence, the court, in its discretion, may direct either the defendant or the sheriff of the county at the expense of the defendant to abate the same.
18 Pa.C.S. § 6902 — PA Code / Title 18 / Chapter 69 / Section 6902
Willful obstruction of emergency telephone calls.
Status: in_force

(a) Offense defined.--A person is guilty of a summary offense if he willfully refuses to relinquish immediately a party line when informed that the line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service, or if he secures the use of a party line by falsely stating that the line is needed for an emergency call.

(b) Notice to public.--Every telephone directory distributed to the members of the general public in this Commonwealth, or in any portion thereof, which lists the calling numbers of telephones of any telephone exchange located in this Commonwealth, shall contain a notice which explains the offense provided for in this section. The notice shall be printed in type which is not smaller than the smallest other type on the same page, and to be preceded by the word "warning" printed in type at least as large as the largest type on the same page.

The provisions of this subsection shall not apply to those directories distributed solely for business advertising purposes commonly known as classified directories. Any person, providing telephone service which distributes, or causes to be distributed, in this Commonwealth copies of a telephone directory violating the provisions of this subsection, shall be guilty of a summary offense.

(c) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Emergency." A situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.

"Party line." A subscriber's line telephone circuit, consisting of two or more main telephone stations connected therewith each station with a distinctive ring or telephone number.
18 Pa.C.S. § 5503 — PA Code / Title 18 / Chapter 55 / Section 5503
Disorderly conduct.
Status: in_force

(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) engages in fighting or threatening, or in violent or tumultuous behavior;

(2) makes unreasonable noise;

(3) uses obscene language, or makes an obscene gesture; or

(4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public. Cross References. Section 5503 is referred to in section 3019 of this title; section 12432 of Title 11 (Cities); sections 3573, 6328, 8902 of Title 42 (Judiciary and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole); section 4312 of Title 73 (Townships).
18 Pa.C.S. § 6186 — PA Code / Title 18 / Chapter 61 / Section 6186
Straw Purchase Prevention Education Fund.
Status: in_force

(a) Establishment.--The Straw Purchase Prevention Education Fund is hereby established in the State Treasury as a restricted account. The fund shall consist of funds appropriated by the General Assembly.

(b) Continuing appropriation.--All moneys in the fund and the interest accruing thereon are hereby appropriated to the Office of Attorney General on a continuing basis to carry out the provisions of this subchapter. Cross References. Section 6186 is referred to in section 6183 of this title.
18 Pa.C.S. § 4305 — PA Code / Title 18 / Chapter 43 / Section 4305
Dealing in infant children.
Status: in_force

A person is guilty of a misdemeanor of the first degree if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children. Cross References. Section 4305 is referred to in section 5708 of this title; sections 2533, 5329, 6344 of Title 23 (Domestic Relations).
18 Pa.C.S. § 902 — PA Code / Title 18 / Chapter 9 / Section 902
Criminal solicitation.
Status: in_force

(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 5702 of this title; sections 5552, 6302 of Title 42 (Judiciary and Judicial Procedure).
18 Pa.C.S. § 2713.1 — PA Code / Title 18 / Chapter 27 / Section 2713.1
Abuse of care-dependent person.
Status: in_force

(a) Offense defined.--A caretaker is guilty of abuse of a care-dependent person if the caretaker:

(1) With the intent to harass, annoy or alarm a care-dependent person:

(i) strikes, shoves, kicks or otherwise subjects or attempts to subject a care-dependent person to or threatens a care-dependent person with physical contact;

(ii) engages in a course of conduct or repeatedly commits acts that serve no legitimate purpose;

(iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures; or

(iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours.

(2) Commits an offense under section 2709.1 (relating to stalking) against a care-dependent person.

(3) With the intent to ridicule or demean a care-dependent person, uses any audio, video or still image of the care-dependent person in any format or medium on or through any electronic service, wireless communication or any form of electronic service or wireless communication as pertaining to communication.

(b) Penalty.--

(1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree.

(2) A violation of subsection (a)(2) constitutes a felony of the third degree.

(3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree.

(c) Report during investigation.--When, in the course of conducting a regulatory or investigative responsibility, the Department of Aging, the Department of Health or the Department of Human Services has reasonable cause to believe that a caretaker has engaged in conduct in violation of this section or section 2713 (relating to neglect of care-dependent person), 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 institute criminal proceedings for a violation of this section or section 2713.

(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 a 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 the 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) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Care-dependent person." The term shall have the same meaning given to it under section 2713.

"Caretaker." The term shall have the same meaning given to it under section 2713.

"Person." The term shall have the same meaning given to it under section 2713. (June 28, 2018, P.L.371, No.53, eff. 60 days; June 30, 2021, P.L.231, No.49, eff. 60 days) 2021 Amendment. Act 49 amended subsecs. (a) and (b). 2018 Amendment. Act 53 added section 2713.1.
18 Pa.C.S. § 8 — PA Code / Title 18 / Chapter 8 / Section 8
Allocation of money.
Status: in_force

Notwithstanding any other provision of law, for fiscal year 2025-2026:

(1) $213,200 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the Public Protection Law Enforcement Restricted Account for the purpose of implementing the provisions of this act by the Office of Attorney General.

(2) $719,550 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the State Parks User Fees Restricted Receipts Account for the purpose of implementing the provisions of this act by the Department of Conservation and Natural Resources. Explanatory Note. Act 53 amended or repealed sections 5702 and 5729 of Title 18, section 901 of Title 30, section 901 of Title 34, sections 67A01 and 67A07 of Title 42 and section 6171 of Title 61.
18 Pa.C.S. § 9537 — PA Code / Title 18 / Chapter 95 / Section 9537
Reports by independent counsel.
Status: in_force

(a) Required reports.--An independent counsel shall:

(1) File with the panel, with respect to the six-month period beginning on the date of appointment and with respect to each six-month period thereafter until the office of that independent counsel terminates, a report which identifies and details all actual expenses, summarizes all other expenses incurred by that office during the six-month period with respect to which the report is filed and estimates future expenses of that office.

(2) Before the termination of the independent counsel's office under section 9543(b) (relating to removal of independent counsel and termination of office), file a final report with the panel, setting forth fully and completely a description of all prosecutions. All other information shall be confidential and not subject to public disclosure.

(a.1) Subject to requirements.--Individuals serving as an independent counsel and persons employed by or serving an independent counsel shall be subject to the requirements of the following acts:

(1) The act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act.

(2) The provisions of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).

(b) Disclosure of information in reports.--The panel may release to the General Assembly, the Governor, the State Treasurer, the public or any appropriate person the portions of a report made under this section as the panel considers appropriate. The panel shall make any orders as are appropriate to protect the rights of any individual named in the report and to prevent undue interference with any pending prosecution. The panel may make any portion of a final report filed under subsection (a)(2) available to any individual named in the report for the purposes of receiving within a time limit set by the panel any comments or factual information that the individual may submit. The comments and factual information, in whole or in part, may in the discretion of the panel be included as an appendix to the final report. Cross References. Section 9537 is referred to in sections 9542, 9543 of this title.
18 Pa.C.S. § 3212 — PA Code / Title 18 / Chapter 32 / Section 3212
Infanticide.
Status: in_force

(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).
18 Pa.C.S. § 3141 — PA Code / Title 18 / Chapter 31 / Section 3141
General rule.
Status: in_force

A person:

(1) convicted under section 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault) or 3126 (relating to indecent assault); or

(2) required to register with the Pennsylvania State Police under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders); may be required to forfeit property rights in any property or assets used to implement or facilitate commission of the crime or crimes of which the person has been convicted. The forfeiture shall be conducted in accordance with 42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to

prohibition on adoptive seizures) and 5808 (relating to exceptions). (Dec. 20, 2011, P.L.446, No.111, eff. one year; June 29, 2017, P.L.247, No.13, eff. July 1, 2017; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 3141. Cross References. Section 3141 is referred to in section 5803 of Title 42 (Judiciary and Judicial Procedure).
18 Pa.C.S. § 6711 — PA Code / Title 18 / Chapter 67 / Section 6711
Retention of military property after notice to return.
Status: in_force

(a) Offense defined.--A person who fails to return any military property, equipment, identification papers or other items belonging to the armed forces of the United States, any reserve component, element or component thereof, or the Pennsylvania military forces, after having been given proper

notice to return the property or equipment, commits a summary offense.

(b) Form of notice.--Notice to return military property, equipment, identification papers or other items to the armed forces of the United States, any reserve component, element or component thereof, or the Pennsylvania military forces, may be given by personal notice upon the person in possession of the property or by mailing a registered or certified letter to the person's last known address. The notice shall recite this section and contain a demand that the property be returned or, if it has been lost or destroyed, that restitution be paid as provided in subsection (c).

(c) Restitution to avoid prosecution.--A person may avoid prosecution under this section by returning the property or making restitution to the responsible official of the armed forces of the United States or the Pennsylvania military forces, as applicable, prior to the date of the hearing before the magisterial district judge, municipal court judge or other official authorized to conduct the hearing. (Dec. 11, 1986, P.L.1517, No.164, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (c). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1986 Amendment. Act 164 added section 6711.
18 Pa.C.S. § 6502 — PA Code / Title 18 / Chapter 65 / Section 6502
Refrigerators and iceboxes.
Status: in_force

(a) Offense defined.--A person is guilty of a summary offense if he discards or abandons in any place accessible to children any refrigerator or icebox having a capacity of 1.5 cubic feet or more with an attached lid or door, or being the owner, lessee or manager of any place accessible to children knowingly permits an abandoned or discarded refrigerator, icebox or chest to remain there with an attached lid or door.

(b) Effect of violation.--A violation of this section shall not in itself render a person guilty of manslaughter, assault or other crime against a person who may suffer death or injury from entrapment in an icebox or refrigerator.
18 Pa.C.S. § 5545 — PA Code / Title 18 / Chapter 55 / Section 5545
Killing homing pigeons.
Status: in_force

A person commits a summary offense if the person shoots, maims or kills an antwerp or homing pigeon, either while on flight or at rest, or detains or entraps a pigeon which carries the name of the pigeon's owner.
18 Pa.C.S. § 3302 — PA Code / Title 18 / Chapter 33 / Section 3302
Causing or risking catastrophe.
Status: in_force

(a) Causing catastrophe.--A person who causes a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful or destructive force or substance, or by any other means of causing potentially widespread injury or damage, including selling, dealing in or otherwise providing licenses or permits to transport hazardous materials in violation of 75 Pa.C.S. Ch. 83 (relating to hazardous materials transportation), commits a felony of the first degree if he does so intentionally or knowingly, or a felony of the second degree if he does so recklessly.

(b) Risking catastrophe.--A person is guilty of a felony of the third degree if he recklessly creates a risk of catastrophe in the employment of fire, explosives or other dangerous means listed in subsection (a) of this section. (Apr. 30, 2002, P.L.300, No.40, eff. 60 days) Cross References. Section 3302 is referred to in sections 3304, 3311, 5708, 6105 of this title.
18 Pa.C.S. § 3310 — PA Code / Title 18 / Chapter 33 / Section 3310
Agricultural crop destruction.
Status: in_force

(a) Offenses defined.--A person commits a felony of the second degree if he intentionally and knowingly damages any field crop, vegetable or fruit plant or tree that is grown, stored or raised for scientific or commercial purposes or for any testing or research purpose in conjunction with a public or private research facility or a university or any Federal, State or local government agency.

(b) Restitution.--Any person convicted of violating this section shall, in addition to any other penalty imposed, be sentenced to pay the owner of the damaged field crops, vegetable or fruit plants or trees restitution. Restitution shall be in an amount equal to the cost of the financial damages incurred as a result of the offense, including the following:

(1) Value of the damaged crop.

(2) Disposal of the damaged crop.

(3) Cleanup of the property.

(4) Lost revenue for the aggrieved owner of the damaged crop.

(c) Exceptions.--The provisions of this section shall not apply to field crops, vegetable or fruit plants or trees damaged through research or normal commercial activity. (June 22, 2001, P.L.386, No.27, eff. imd.; Apr. 14, 2006, P.L.81, No.27, eff. 60 days) Cross References. Section 3310 is referred to in section 3311 of this title.
18 Pa.C.S. § 9105 — PA Code / Title 18 / Chapter 91 / Section 9105
Other criminal justice information.
Status: in_force

Nothing in this chapter shall be construed to apply to information concerning juveniles, except as provided in section 9123 (relating to juvenile records), unless they have been adjudicated as adults, nor shall it apply to intelligence information, investigative information, treatment information, including medical and psychiatric information, caution indicator information, modus operandi information, wanted persons information, stolen property information, missing persons information, employment history information, personal history information, nor presentence investigation information. Criminal history record information maintained as a part of these records shall not be disseminated unless in compliance with the provisions of this chapter. Cross References. Section 9105 is referred to in section 9123 of this title; section 6309 of Title 42 (Judiciary and Judicial Procedure).
18 Pa.C.S. § 6141.1 — PA Code / Title 18 / Chapter 61 / Section 6141.1
Purchase of rifles and shotguns outside this Commonwealth.
Status: in_force

Nothing in this chapter shall be construed to prohibit a person in this Commonwealth who may lawfully purchase, possess, use, control, sell, transfer or manufacture a firearm which exceeds the barrel and related lengths set forth in section 6102 (relating to definitions) from lawfully purchasing or otherwise obtaining such a firearm in a jurisdiction outside this Commonwealth. (Apr. 22, 1997, P.L.73, No.5, eff. 60 days) 1997 Amendment. Act 5 added section 6141.1.
18 Pa.C.S. § 5558 — PA Code / Title 18 / Chapter 55 / Section 5558
Representation of humane society by attorney.
Status: in_force

Upon prior authorization and approval by the district attorney of the county in which the proceeding is held, an association or agent may be represented in a proceeding under this subchapter by an attorney admitted to practice before the Supreme Court of Pennsylvania and in good standing. Attorney fees shall be borne by the humane society or association that is represented.
18 Pa.C.S. § 5559 — PA Code / Title 18 / Chapter 55 / Section 5559
Construction of subchapter.
Status: in_force

The provisions of this subchapter shall not supersede the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law.
18 Pa.C.S. § 6303 — PA Code / Title 18 / Chapter 63 / Section 6303
Sale of starter pistols.
Status: in_force

(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if he sells, causes to be sold, gives or furnishes to any person under the age of 18 years, or if he, being under the age of 18 years, purchases, accepts, receives or possesses, any pistol commonly referred to as "starter pistol" specially designed to receive and discharge blank cartridges only or similar pistol.

(b) Exception.--Nothing in this section shall prohibit the use of starter pistols for the purpose of starting or officiating at athletic events, use in dramatic productions, or other similar events.
18 Pa.C.S. § 6110.2 — PA Code / Title 18 / Chapter 61 / Section 6110.2
Possession of firearm with altered manufacturer's number.
Status: in_force

(a) General rule.--No person shall possess a firearm which has had the manufacturer's number integral to the frame or receiver altered, changed, removed or obliterated.

(b) Penalty.--A person who violates this section commits a felony of the second degree.

(c) Definition.--As used in this section, the term "firearm" shall have the same meaning as that term is defined in section 6105(i) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), except that the term shall not include antique firearms as defined in section 6118 (relating to antique firearms). (Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
18 Pa.C.S. § 6124 — PA Code / Title 18 / Chapter 61 / Section 6124
Administrative regulations.
Status: in_force

The commissioner may establish form specifications and regulations, consistent with section 6109(c) (relating to licenses), with respect to uniform forms control, including the following:

(1) License to carry firearms.

(2) Firearm registration.

(3) Dealer's license.

(4) Application for purchase of a firearm.

(5) Record of sale of firearms. (Dec. 19, 1988, P.L.1275, No.158, eff. 180 days) 1988 Amendment. Act 158 added section 6124.
18 Pa.C.S. § 28 — PA Code / Title 18 / Chapter 28 / Section 28
Applicability.
Status: in_force

This act shall apply as follows:

(1) Except as otherwise provided in paragraph (2), any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

(2) Paragraph (1) shall not apply to the provisions of 71 Pa.C.S. Explanatory Note. Act 207 amended sections 103, 913, 1106, 2702, 3929, 3929.1, 4953.1, 4955, 6308, 6711 and 7311 of Title 18.
18 Pa.C.S. § 2102 — PA Code / Title 18 / Chapter 21 / Section 2102
Desecration of flag.
Status: in_force

(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.
18 Pa.C.S. § 9536 — PA Code / Title 18 / Chapter 95 / Section 9536
Dismissal of matters.
Status: in_force

The independent counsel shall have full authority to dismiss matters within the independent counsel's prosecutorial jurisdiction at any subsequent time before prosecution.
18 Pa.C.S. § 1110 — PA Code / Title 18 / Chapter 11 / Section 1110
Restitution for cleanup of clandestine laboratories.
Status: in_force

(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. Cross References. Section 1110 is referred to in section 7508.2 of this title.
18 Pa.C.S. § 3015 — PA Code / Title 18 / Chapter 30 / Section 3015
Nonpayment of wages.
Status: in_force

(a) Offense defined.--A person who, in connection with, as a part of or in addition to engaging in human trafficking, willfully or with intent to defraud, fails or refuses to pay wages for or otherwise causes financial harm to an individual in connection with labor services rendered commits:

(1) A misdemeanor of the third degree if the amount owed to the individual is less than $2,000.

(2) A felony of the third degree, if:

(i) the amount owed to the individual is equal to or greater than $2,000;

(ii) the failure or refusal constitutes a second or subsequent violation of this section; or

(iii) the person falsely denies the amount due or the validity of the debt.

(b) Offenses cumulative.--A person commits a separate offense under this section for each calendar month during which the individual earned wages that the person failed to pay or was otherwise financially harmed.
18 Pa.C.S. § 908.1 — PA Code / Title 18 / Chapter 9 / Section 908.1
Use or possession of electric or electronic incapacitation device.
Status: in_force

(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.