PRINTER'S NO. 1171
No. 1026 Session of 2001
INTRODUCED BY LYNCH, M. BAKER, BARD, BELARDI, BELFANTI,
CALTAGIRONE, CAPPELLI, CASORIO, CLARK, COLAFELLA, COLEMAN,
CORRIGAN, COSTA, CRUZ, DALEY, EGOLF, FAIRCHILD, FRANKEL,
GABIG, GEIST, HARHAI, HENNESSEY, HESS, HORSEY, HUTCHINSON,
KELLER, KIRKLAND, LAUGHLIN, LEDERER, MARSICO, McCALL,
McNAUGHTON, MELIO, METCALFE, R. MILLER, S. MILLER, NAILOR,
PIPPY, READSHAW, ROSS, SATHER, SCHRODER, SHANER, B. SMITH,
SOLOBAY, STABACK, STEELMAN, R. STEVENSON, SURRA, TRELLO,
WALKO, WANSACZ, WASHINGTON, WATSON, WILT, WOGAN AND
YOUNGBLOOD, MARCH 15, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of vehicle
3 trespass.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3503(c) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding subsections to read:
9 § 3503. Criminal trespass.
10 * * *
11 (b.3) Vehicle trespasser.--
12 (1) A person commits an offense if he, knowing that he
13 is not licensed or privileged to do so:
14 (i) enters, gains entry or remains in any vehicle;
1 or
2 (ii) breaks into and remains in any vehicle.
3 (2) An offense under paragraph (1)(i) is a summary
4 offense. An offense under paragraph (1)(ii) is a misdemeanor
5 of the third degree.
6 (c) Defenses.--It is a defense to prosecution under this
7 section that:
8 (1) a building or occupied structure involved in an
9 offense under subsection (a) of this section was abandoned;
10 (2) the premises [were] or vehicle was at the time open
11 to members of the public and the actor complied with all
12 lawful conditions imposed on access to or remaining in the
13 premises; or
14 (3) the actor reasonably believed that the owner of the
15 premises or vehicle, or other person empowered to license
16 access thereto, would have licensed him to enter or remain.
17 (d) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Breaks into." To gain entry by force, breaking,
21 intimidation or unauthorized opening of locks, or through an
22 opening not designed for human access.
23 "Vehicle." The term shall have the same meaning as given in
24 75 Pa.C.S. § 102 (relating to definitions).
25 Section 2. This act shall take effect in 60 days.
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