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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3901 - Definitions

§ 3901. Definitions.
Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Deprive."
(1) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or
(2) to dispose of the property so as to make it unlikely that the owner will recover it.
"Financial institution."
A bank, insurance company, credit union, building and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
"Firearm."
Any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
"Government."
The United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.
"Movable property."
Property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. "Immovable property" is all other property.
"Obtain."
(1) To bring about a transfer or purported transfer of legal interest in property, whether to the obtainer or another; or
(2) in relation to labor or service, to secure performance thereof.
"Property."
Anything of value, including real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power.
"Property of another."
Includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.
(July 17, 2007, P.L.139, No.41, eff. 60 days)
2007 Amendment.
Act 41 added the def. of "firearm."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3902 - Consolidation of theft offenses

§ 3902. Consolidation of theft offenses.
Conduct denominated theft in this chapter constitutes a single offense. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the complaint or indictment, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3904 - Arrest without warrant

§ 3904. Arrest without warrant.
A law enforcement officer shall have the same right of arrest without a warrant for any grade of theft as exists or may hereafter exist in the case of the commission of a felony.
(Oct. 17, 1974, P.L.749, No.251)
1974 Amendment.
Act 251 added section 3904.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3921 - Theft by unlawful taking or disposition

§ 3921. Theft by unlawful taking or disposition.
(a) Movable property.--
A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.
(b) Immovable property.--
A person is guilty of theft if he unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.
Cross References.
Section 3921 is referred to in sections 1107, 3311, 3903, 3935.1, 5708, 6105 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3922 - Theft by deception

§ 3922. Theft by deception.
(a) Offense defined.--
A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally:
(1) creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
(2) prevents another from acquiring information which would affect his judgment of a transaction; or
(3) fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
(b) Exception.--
The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.
Cross References.
Section 3922 is referred to in sections 3311, 5708 of this title; sections 5552, 9717 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3923 - Theft by extortion

§ 3923. Theft by extortion.
(a) Offense defined.--
A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to:
(1) commit another criminal offense;
(2) accuse anyone of a criminal offense;
(3) expose any secret tending to subject any person to hatred, contempt or ridicule;
(4) take or withhold action as an official, or cause an official to take or withhold action;
(5) bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
(6) testify or provide information or withhold testimony or information with respect to the legal claim or defense of another; or
(7) inflict any other harm which would not benefit the actor.
(b) Defenses.--
It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or (a)(4) of this section that the property obtained by threat of accusation, exposure, lawsuit or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful services.
(June 24, 1976, P.L.425, No.102, eff. imd.)
Cross References.
Section 3923 is referred to in sections 3001, 5708, 6105 of this title; sections 5552, 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3924 - Theft of property lost, mislaid, or delivered by mistake

§ 3924. Theft of property lost, mislaid, or delivered by mistake.
A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.
Cross References.
Section 3924 is referred to in section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3925 - Receiving stolen property

§ 3925. Receiving stolen property.
(a) Offense defined.--
A person is guilty of theft if he intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with intent to restore it to the owner.
(b) Definition.--
As used in this section the word "receiving" means acquiring possession, control or title, or lending on the security of the property.
Cross References.
Section 3925 is referred to in sections 3903, 3929.3, 5708, 6105 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3927 - Theft by failure to make required disposition of funds received

§ 3927. Theft by failure to make required disposition of funds received.
(a) Offense defined.--
A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition.
(b) Presumptions.--
An officer or employee of the government or of a financial institution is presumed:
(1) to know any legal obligation relevant to his criminal liability under this section; and
(2) to have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts.
Cross References.
Section 3927 is referred to in section 5708 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3928 - Unauthorized use of automobiles and other vehicles

§ 3928. Unauthorized use of automobiles and other vehicles.
(a) Offense defined.--
A person is guilty of a misdemeanor of the second degree if he operates the automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle of another without consent of the owner.
(b) Defense.--
It is a defense to prosecution under this section that the actor reasonably believed that the owner would have consented to the operation had he known of it.
Cross References.
Section 3928 is referred to in section 3903 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3931 - Theft of unpublished dramas and musical compositions

§ 3931. Theft of unpublished dramas and musical compositions.
A person is guilty of theft if he publicly presents for profit, without the consent of the author thereof, any unpublished dramatic play or musical composition.
Cross References.
Section 3931 is referred to in section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3932 - Theft of leased property

§ 3932. Theft of leased property.
(a) Offense defined.--
A person who obtains personal property under an agreement for the lease or rental of the property is guilty of theft if he intentionally deals with the property as his own.
(b) Definition.--
As used in this section:
(1) A person "deals with the property as his own" if he sells, secretes, destroys, converts to his own use or otherwise disposes of the property.
(2) A "written demand to return the property is delivered" when it is sent simultaneously by first class mail, evidenced by a certificate of mailing, and by registered or certified mail to the address provided by the lessee.
(c) Presumption.--
A person shall be prima facie presumed to have intent if he:
(1) signs the lease or rental agreement with a name other than his own and fails to return the property within the time specified in the agreement; or
(2) fails to return the property to its owner within seven days after a written demand to return the property is delivered.
(d) Exception.--
This section shall not apply to secured transactions as defined in Title 13 (relating to commercial code).
(Aug. 8, 1977, P.L.184, No.49, eff. 90 days; Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980; Oct. 9, 2008, P.L.1403, No.111, eff. imd.)
2008 Amendment.
Act 111 amended subsecs. (b) and (c)(2).
Cross References.
Section 3932 is referred to in sections 5552, 8310 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3933 - Unlawful use of computer (Repealed)

§ 3933. Unlawful use of computer (Repealed).
2002 Repeal.
Section 3933 was repealed December 16, 2002 (P.L.1953, No.226), effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3934 - Theft from a motor vehicle

§ 3934. Theft from a motor vehicle.
(a) Offense defined.--
A person commits the offense of theft from a motor vehicle if he unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over any movable property of another from a motor vehicle with the intent to deprive him thereof.
(b) Grading.--
(1) An offense under this section is:
(i) a misdemeanor of the third degree if the amount involved was less than $50; or
(ii) a misdemeanor of the second degree if the amount involved was $50 or more but less than $200; or
(iii) a misdemeanor of the first degree if the amount involved was greater than $200.
(2) When the offense is a third or subsequent offense within a five-year period, regardless of the amount involved and regardless of the grading of the prior offenses, an offense under this section is a felony of the third degree.
(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days; June 18, 1999, P.L.67, No.8, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3935 - Theft of secondary metal (Unconstitutional)

§ 3935. Theft of secondary metal (Unconstitutional).
2016 Unconstitutionality.
Act 192 of 2014 was declared unconstitutional. Leach v. Commonwealth, 141 A.3d 426 (Pa. 2016). The Legislative Reference Bureau effectuated the 2016 unconstitutionality.
2014 Amendment.
Act 192 added section 3935.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3935.1 - Theft of secondary metal

§ 3935.1. Theft of secondary metal.
(a) Offense defined.--
A person commits the offense of theft of secondary metal if the person unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over any secondary metal with intent to deprive the rightful owner thereof.
(b) Grading.--
Except as set forth in subsection (c):
(1) An offense under this section constitutes a misdemeanor of the third degree when the value of the secondary metal unlawfully obtained is less than $50.
(2) When the value of the secondary metal unlawfully obtained is $50 or more but less than $200, the offense constitutes a misdemeanor of the second degree.
(3) When the value of the secondary metal unlawfully obtained is $200 or more but less than $1,000, the offense constitutes a misdemeanor of the first degree.
(4) When the value of the secondary metal unlawfully obtained is $1,000 or more, the offense constitutes a felony of the third degree.
(c) Third or subsequent offenses.--
An offense under this section constitutes a felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the secondary metal. For purposes of this subsection, a first and second offense includes a conviction, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition before the sentencing on the present violation for an offense under this section or section 3921 (relating to theft by unlawful taking or disposition).
(d) Definition.--
As used in this section, the term "secondary metal" means wire, pipe or cable commonly used by communications, gas, water, wastewater and electrical utilities and railroads and mass transit or commuter rail agencies, copper, aluminum or other metal, or a combination of metals, that is valuable for recycling or reuse as raw material.
(June 22, 2017, P.L.213, No.8, eff. 60 days)
2017 Amendment. Act 8 added section 3935.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 39 - Theft and Related Offenses › Section 3936 - Theft of mail

§ 3936. Theft of mail.
(a) Unlawful taking.--
A person is guilty of the offense of theft of mail if the person unlawfully takes, or exercises unlawful control over, mail of another person with intent to deprive the other person of mail.
(b) Unlawful transfer.--
A person is guilty of the offense of theft of mail if the person unlawfully transfers, or exercises unlawful control over, mail of another person or an interest in mail of the other person with intent to benefit the person or another person not entitled to the mail or interest in the mail.
(c) Grading.--
(1) Theft of mail constitutes a:
(i) Summary offense if the offense is a first offense and the value of the mail is less than $200.
(ii) Misdemeanor of the second degree if the offense is a second offense and the value of the mail is less than $200.
(iii) Misdemeanor of the first degree if the offense is a first or second offense and the value of the mail is $200 or more.
(iv) Felony of the third degree if the offense is a third or subsequent offense or if the value of the mail exceeds $2,000.
(2) Amounts involved in thefts of mail committed pursuant to one scheme or course of conduct, whether from the same home or establishment or several homes or establishments, may be aggregated in determining the grade of the offense.
(d) Calculation of prior offenses.--
For the purposes of this section, in determining whether an offense is a first, second, third or subsequent offense, the court shall include a conviction, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition occurring before the sentencing on the present violation for an offense under this section, an offense substantially similar to an offense under this section or under the prior laws of this Commonwealth or a similar offense under the statutes of any other state or of the United States.
(e) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Mail."
A letter, package, bag, mail or item of value sent or delivered to another.
(Dec. 14, 2023, P.L.374, No.41, eff. 60 days)
2023 Amendment.
Act 41 added section 3936.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Extra - Chapter Notes

Enactment.
Chapter 41 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Chapter 41 is referred to in section 9122.1 of this title; section 3575 of Title 42
            (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4101 - Forgery

§ 4101. Forgery.
(a) Offense defined.--
A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(1) alters any writing of another without his authority;
(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
(3) utters any writing which he knows to be forged in a manner specified in paragraphs (1) or (2) of this subsection.
(b) Definition.--
As used in this section the word "writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, electronic signatures and other symbols of value, right, privilege, or identification.
(c) Grading.--
Forgery is a felony of the second degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments issued by the government, or part of an issue of stock, bonds or other instruments representing interests in or claims against any property or enterprise. Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations. Otherwise forgery is a misdemeanor of the first degree.
(Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)
2002 Amendment.
Act 226 amended subsec. (b).
Cross References.
Section 4101 is referred to in section 3311 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4102 - Simulating objects of antiquity, rarity, etc

§ 4102. Simulating objects of antiquity, rarity, etc.
A person commits a misdemeanor of the first degree if, with intent to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4103 - Fraudulent destruction, removal or concealment of recordable instruments

§ 4103. Fraudulent destruction, removal or concealment of recordable instruments.
A person commits a felony of the third degree if, with intent to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4104 - Tampering with records or identification

§ 4104. Tampering with records or identification.
(a) Writings.--
A person commits a misdemeanor of the first degree if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, or distinguishing mark or brand or other identification with intent to deceive or injure anyone or to conceal any wrongdoing.
(b) Personal property.--
A person commits a summary offense if he knowingly buys, sells or moves in commerce any personal property from which the manufacturer's name plate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed unless the alterations have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or under specific authorization and direction from the original manufacturer. Personal property as set forth in this subsection shall not include firearms, motor vehicles or insurance company salvage recoveries.
(c) Innocent alterations.--
If property subject to the provisions of this section has had its identifying marks defaced or eliminated innocently and is in the possession of its rightful owner, the owner may, notwithstanding the provisions of subsection (a) or (b), dispose of the property by sale or otherwise if he delivers to the acquirer a notarized statement that the property was innocently altered and that the person disposing of it is its rightful owner.
(Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4106.1 - Unlawful device-making equipment

§ 4106.1. Unlawful device-making equipment.
(a) Offense defined.--
A person commits an offense if, with intent to defraud or injure anyone or with knowledge that he may be facilitating a fraud or injury to be perpetrated by anyone, he:
(1) produces or traffics in device-making equipment; or
(2) possesses device-making equipment.
(b) Grading.--
An offense under subsection (a)(1) is a felony of the third degree. An offense under subsection (a)(2) is a misdemeanor of the first degree.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Access device." Any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, personal identification number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or anything else of value or that can be used to initiate a transfer of funds.
"Device-making equipment." Any equipment, mechanism or impression designed or capable of being used for making an access device.
"Produce." Includes design, alter, authenticate, duplicate or assemble.
"Traffic." Sell, give or otherwise transfer to another or obtain control of with intent to dispose of or transfer.
(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days)
1998 Amendment.
Act 149 added section 4106.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4107.1 - Deception relating to kosher food products

§ 4107.1. Deception relating to kosher food products.
(a) Offense defined.--
A person commits a misdemeanor of the third degree if in the course of business, he knowingly sells or exposes for sale any food product represented as kosher or kosher style when such food product is not kosher, said representation having been made orally, in writing or by display on the premises of such sign, mark, insignia or simulation reasonably calculated to induce an individual to believe that said food product is kosher.
(b) Definitions.--
As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Food product." Any article whether in raw or prepared form which is utilized in human consumption.
"Kosher" or "kosher style." A food product having been prepared, processed, manufactured, maintained and vended in accordance with the requisites of traditional Jewish Law.
(Oct. 4, 1978, P.L.908, No.172, eff. 15 days)
1978 Amendment.
Act 172 added section 4107.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4108 - Commercial bribery and breach of duty to act disinterestedly

§ 4108. Commercial bribery and breach of duty to act disinterestedly.
(a) Corrupt employee, agent or fiduciary.--
An employee, agent or fiduciary commits a misdemeanor of the second degree when, without the consent of his employer or principal, he solicits, accepts, or agrees to accept any benefit from another person upon agreement or understanding that such benefit will influence his conduct in relation to the affairs of his employer or principal.
(b) Corrupt disinterested person.--
A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services commits a misdemeanor of the second degree if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism.
(c) Solicitation.--
A person commits a misdemeanor of the second degree if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under subsections (a) or (b) of this section.
Cross References.
Section 4108 is referred to in sections 911, 5708 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4109 - Rigging publicly exhibited contest

§ 4109. Rigging publicly exhibited contest.
(a) Offense defined.--
A person commits a misdemeanor of the first degree if, with intent to prevent a publicly exhibited contest from being conducted in accordance with the rules and usages purporting to govern it, he:
(1) confers or offers or agrees to confer any benefit upon, or threatens any injury to a participant, official or other person associated with the contest or exhibition; or
(2) tampers with any person, animal or thing.
(b) Soliciting or accepting benefit for rigging.--
A person commits a misdemeanor of the first degree if he knowingly solicits, accepts or agrees to accept any benefit the giving of which would be criminal under subsection (a) of this section.
(c) Participation in rigged contest.--
A person commits a misdemeanor of the first degree if he knowingly engages in, sponsors, produces, judges, or otherwise participates in a publicly exhibited contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct which would be criminal under this section.
Cross References.
Section 4109 is referred to in sections 911, 5708 of this title; sections 9318, 9323 of Title 3 (Agriculture); section 5552 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4110 - Defrauding secured creditors

§ 4110. Defrauding secured creditors.
A person commits a misdemeanor of the second degree if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest or after levy has been made thereon with intent to hinder enforcement of such interest.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4111 - Fraud in insolvency

§ 4111. Fraud in insolvency.
A person commits a misdemeanor of the second degree if, knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he:
(1) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;
(2) knowingly falsifies any writing or record relating to the property; or
(3) knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4112 - Receiving deposits in a failing financial institution

§ 4112. Receiving deposits in a failing financial institution.
An officer, manager or other person directing or participating in the direction of a financial institution commits a misdemeanor of the second degree if he receives or permits the receipt of a deposit, premium payment or other investment in the institution knowing that:
(1) due to financial difficulties the institution is about to suspend operations or go into receivership or reorganization; and
(2) the person making the deposit or other payment is unaware of the precarious situation of the institution.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4113 - Misapplication of entrusted property and property of government or financial institutions

§ 4113. Misapplication of entrusted property and property of government or financial institutions.
(a) Offense defined.--
A person commits an offense if he applies or disposes of property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted.
(b) Grading.--
The offense is a misdemeanor of the second degree if the amount involved exceeds $50; otherwise it is a misdemeanor of the third degree.
Cross References.
Section 4113 is referred to in section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4114 - Securing execution of documents by deception

§ 4114. Securing execution of documents by deception.
A person commits a misdemeanor of the second degree if by deception he causes another to execute any instrument affecting or purporting to affect or likely to affect the pecuniary interest of any person.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4115 - Falsely impersonating persons privately employed

§ 4115. Falsely impersonating persons privately employed.
A person commits a misdemeanor of the second degree if, without due authority, he pretends or holds himself out to any one as an employee of any person for the purpose of gaining access to any premises.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4118 - Washing vehicle titles

§ 4118. Washing vehicle titles.
A person commits a felony of the third degree if, with intent to deceive anyone or with knowledge that the person is facilitating a deception to be perpetrated by anyone concerning the true mileage of a motor vehicle, the person makes or causes to be made an application for a certificate of title for a motor vehicle which includes materially false or fictitious information.
(Mar. 21, 1996, P.L.35, No.11, eff. 60 days)
1996 Amendment.
Act 11 added section 4118.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 41 - Forgery and Fraudulent Practices › Section 4121 - Possession and use of unlawful devices

§ 4121. Possession and use of unlawful devices.
(a) Offense defined.--
A person commits an offense if:
(1) The person, with the intent to defraud another person:
(i) uses a device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a payment card or possesses a device capable of doing so; or
(ii) places information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a payment card onto the computer chip, magnetic strip or stripe or other storage mechanism of a different card or possesses a device capable of doing so.
(2) The person knowingly possesses, sells or delivers a device which is designed to read and store in the device's internal memory information encoded on a computer chip, magnetic strip or stripe or other storage mechanism of a payment card other than for the purpose of processing the information to facilitate a financial transaction.
(b) Grading.--
(1) A first offense under subsection (a) constitutes a felony of the third degree.
(2) A second or subsequent offense under subsection (a) constitutes a felony of the second degree.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Payment card."
A credit card, a charge card, a debit card or another card which is issued to an authorized card user to purchase or obtain goods, services, money or another thing of value.
(June 28, 2018, P.L.425, No.60, eff. 60 days)
2018 Amendment.
Act 60 added section 4121.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 43 - Offenses Against the Family › Extra - Chapter Notes

Enactment.
Chapter 43 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Subchapter A is referred to in section 2101 of Title 5 (Athletics and Sports).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 43 - Offenses Against the Family › Section 4301 - Bigamy

§ 4301. Bigamy.
(a) Bigamy.--
A married person is guilty of bigamy, a misdemeanor of the second degree, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:
(1) the actor believes that the prior spouse is dead;
(2) the actor and the prior spouse have been living apart for two consecutive years throughout which the prior spouse was not known by the actor to be alive; or
(3) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid.
(b) Other party to bigamous marriage.--
A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 43 - Offenses Against the Family › Section 4302 - Incest

§ 4302. Incest.
(a) General rule.--
Except as provided under subsection (b), a person is guilty of incest, a felony of the second degree, if that person knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.
(b) Incest of a minor.--
A person is guilty of incest of a minor, a felony of the second degree, if that person knowingly marries, cohabits with or has sexual intercourse with a complainant who is an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood and:
(1) is under the age of 13 years; or
(2) is 13 to 18 years of age and the person is four or more years older than the complainant.
(c) Relationships.--
The relationships referred to in this section include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.
(Nov. 17, 1989, P.L.592, No.64, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)
Cross References.
Section 4302 is referred to in sections 3104, 5702, 9158 of this title; sections 4321, 5329, 6303, 6344, 6702 of Title 23 (Domestic Relations); sections 5551, 5552, 5920, 5985.1, 5993, 6358, 6402, 6403, 9718.1, 9799.14, 9799.24, 9799.55, 9799.58, 9802 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice); sections 4503, 4601, 6137.1, 6139 of Title 61 (Prisons and Parole); section 3113 of Title 63 (Professions and Occupations (State Licensed)).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 43 - Offenses Against the Family › Section 4303 - Concealing death of child

§ 4303. Concealing death of child.
(a) Offense defined.--
A person is guilty of a misdemeanor of the first degree if he or she endeavors privately, either alone or by the procurement of others, to conceal the death of his or her child, so that it may not come to light, whether it was born dead or alive or whether it was murdered or not.
(b) Procedure.--
If the same indictment or information charges any person with the murder of his or her child, as well as with the offense of the concealment of the death, the jury may acquit or convict him or her of both offenses, or find him or her guilty of one and acquit him or her of the other.
(Oct. 4, 1978, P.L.909, No.173, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)
1995 Amendment.
Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 4303 shall apply to offenses committed on or after the effective date of Act 10.
Cross References.
Section 4303 is referred to in section 2106 of Title 20 (Decedents, Estates and Fiduciaries); sections 5329, 6344 of Title 23 (Domestic Relations); section 1515 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 43 - Offenses Against the Family › Section 4304 - Endangering welfare of children

§ 4304. Endangering welfare of children.
(a) Offense defined.--
(1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.
(2) A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).
(3) As used in this subsection, the term "person supervising the welfare of a child" means a person other than a parent or guardian that provides care, education, training or control of a child.
(b) Grading.--
(1) Except as provided under paragraph (2), the following apply:
(i) An offense under this section constitutes a misdemeanor of the first degree.
(ii) If the actor engaged in a course of conduct of endangering the welfare of a child, the offense constitutes a felony of the third degree.
(iii) If, in the commission of the offense under subsection (a)(1), the actor created a substantial risk of death or serious bodily injury, the offense constitutes a felony of the third degree.
(iv) If the actor's conduct under subsection (a)(1) created a substantial risk of death or serious bodily injury and was part of a course of conduct, the offense constitutes a felony of the second degree.
(2) The grading of an offense under this section shall be increased one grade if, at the time of the commission of the offense, the child was under six years of age.
(c) Counseling.--
A court shall consider ordering an individual convicted of an offense under this section to undergo counseling.
(Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; July 6, 1995, P.L.251, No.31, eff. 60 days; Nov. 29, 2006, P.L.1581, No.179, eff. 60 days; June 29, 2017, P.L.246, No.12, eff. 60 days)
2017 Amendment.
Act 12 amended subsec. (b) and added subsec. (c).
2006 Amendment.
Act 179 amended subsec. (a).
Cross References.
Section 4304 is referred to in section 3104 of this title; section 2106 of Title 20 (Decedents, Estates and Fiduciaries); sections 5329, 6340, 6344 of Title 23 (Domestic Relations); sections 5552, 5920, 5985.1, 5993, 62A03, 9718.1 of Title 42 (Judiciary and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations (State Licensed)).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 43 - Offenses Against the Family › Section 4305 - Dealing in infant children

§ 4305. Dealing in infant children.
A person is guilty of a misdemeanor of the first degree if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children.
Cross References.
Section 4305 is referred to in section 5708 of this title; sections 2533, 5329, 6344 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 43 - Offenses Against the Family › Section 4306 - Newborn protection

§ 4306. Newborn protection.
(a) General rule.--
A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in the care of a hospital, a police officer at a police station pursuant to 23 Pa.C.S. Ch. 65 (relating to newborn protection) or an emergency services provider on the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider pursuant to 23 Pa.C.S. Ch. 65 if the following criteria are met:
(1) The parent expresses, either orally or through conduct, the intent to have the hospital, police officer or emergency services provider accept the newborn pursuant to 23 Pa.C.S. Ch. 65.
(2) The newborn is not a victim of child abuse or criminal conduct.
(a.1) Incubator.--
A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in an incubator if the newborn is not a victim of child abuse or criminal conduct and the incubator is located:
(1) at a hospital;
(2) at a police station pursuant to 23 Pa.C.S. Ch. 65; or
(3) on the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider pursuant to 23 Pa.C.S. Ch. 65.
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Child abuse."
As defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions).
"Emergency services provider."
An emergency medical responder, emergency medical technician, advanced emergency medical technician or a paramedic as defined in 35 Pa.C.S. § 8103 (relating to definitions).
"Newborn."
As defined in 23 Pa.C.S. § 6502 (relating to definitions).
"Police department."
A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of criminal or traffic laws.
"Police officer."
A full-time or part-time employee assigned to criminal or traffic law enforcement duties of a police department of a county, city, borough, town or township. The term also includes a member of the State Police Force.
"Police station."
The station or headquarters of a police department or a Pennsylvania State Police station or headquarters.
(Dec. 9, 2002, P.L.1549, No.201, eff. 60 days; July 2, 2014, P.L.843, No.91, eff. 60 days; Dec. 22, 2017, P.L.1219, No.68)
2017 Amendment.
Section 7(2) of Act 68 provided that the addition of subsec. (a.1) shall take effect 120 days after the publication in the Pennsylvania Bulletin of the promulgation of final regulations under 23 Pa.C.S. § 6504.3(c).
Cross References.
Section 4306 is referred to in sections 6503, 6504.2 of Title 23 (Domestic Relations).