PRINTER'S NO. 2151
No. 1795 Session of 1981
INTRODUCED BY JOHNSON, BELFANTI, GRIECO, COLE, SALVATORE AND
BOWSER, SEPTEMBER 15, 1981
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 15, 1981
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statues, defining the offense of farm theft.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 18, act of November 25, 1970 (P.L.707,
6 No.230), known as the Pennsylvania Consolidated Statutes, is
7 amended by adding a section to read:
8 § 3933. Farm theft.
9 (a) Offense defined.--A person is guilty of farm theft if he
10 unlawfully takes possession of any farm produce owned by another
11 person.
12 (b) Grading.--
13 (1) Farm theft constitutes a:
14 (i) Summary offense when the offense is a first
15 offense and the value of the farm produce is less than
16 $150.
17 (ii) Misdemeanor of the second degree when the
1 offense is a second offense and the value of the farm
2 produce is less than $150.
3 (iii) Misdemeanor of the first degree when the
4 offense is a first or second offense and the value of the
5 farm produce is $150 or more.
6 (iv) Felony of the third degree when the offense is
7 a third or subsequent offense, regardless of the value of
8 the farm produce.
9 (2) Amounts involved in farm thefts committed pursuant
10 to one scheme or course of conduct, whether from the same
11 farm or several farms, may be aggregated in determining the
12 grade of the offense.
13 (c) Evidence.--To the extent that there is other competent
14 evidence to substantiate the offense, the conviction shall not
15 be avoided because the prosecution cannot produce the stolen
16 farm produce.
17 (d) Detention.--A peace officer, farmer or farmer's
18 employee, who has probable cause to believe that farm theft has
19 occurred or is occurring on or about a farm and who has probable
20 cause to believe that a specific person has committed or is
21 committing the farm theft, may detain the suspect in a
22 reasonable manner for a reasonable time on or off the premises
23 for all or any of the following purposes:
24 (1) To require the suspect to identify himself.
25 (2) To verify such identification.
26 (3) To determine whether such suspect has in his
27 possession farm produce taken from the farm and, if so, to
28 recover such farm produce.
29 (4) To inform a peace officer.
30 (5) To institute criminal proceedings against the
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1 suspect.
2 Such detention shall not impose civil or criminal liability upon
3 the peace officer, farmer or employee so detaining.
4 (e) Definitions.--As used in this section the following
5 words and phrases shall have the meanings given to them in this
6 subsection:
7 "Farm produce." Livestock or any item grown, produced or
8 manufactured by a person owning, renting or leasing land for the
9 purpose of growing, producing or manufacturing items for sale or
10 personal use either part time or full time.
11 "Farmer." A person who engages in the growing or producing
12 of farm produce, milk products, eggs or meat either part time or
13 full time for personal consumption or for sale and who is the
14 owner or lessee of the land or a person designated in writing by
15 the owner or lessee to act as his agent.
16 Section 2. This act shall take effect immediately.
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