THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FARNESE, BLAKE, STACK, FONTANA, D. WHITE, ERICKSON, ORIE, SOLOBAY, VOGEL, COSTA, MENSCH, WASHINGTON AND TARTAGLIONE, JULY 21, 2011
REFERRED TO JUDICIARY, JULY 21, 2011
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the criminal
activity of concealing the death of a child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4303 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4303. Concealing death of child.
(a) Offense defined.--
(1) A person is guilty of a [misdemeanor of the first
degree] criminal offense if he or she endeavors privately,
either alone or by the procurement of others, to
intentionally or knowingly conceal the death of [his or her]
a child for whom the person is a parent, guardian or
caretaker of the child, so that it may not come to light,
whether it was born dead or alive or whether it was murdered
or not[.] regardless of the age of the child.
(2) A person is guilty of a criminal offense if he or
she endeavors privately, either alone or by the procurement
of others, to fail to report the death or absence of a child
for whom the person is a parent, guardian or caretaker of the
child to law enforcement authorities if the child has been
missing for a least 24 hours.
(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.
(1) An offense under subsection (a)(1) shall be graded
as a felony of the third degree.
(2) An offense under subsection (a)(2) shall be graded
as a misdemeanor of the first degree. A second or subsequent
offense under subsection (a)(2) shall be graded as a felony
of the third degree.
Section 2. This act shall apply to all actions occurring
after the effective date of this act.
Section 3. This act shall take effect in 60 days.