1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in theft and related offenses, further
3providing for grading of theft offenses and for theft of
4services.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Sections 3903 and 3926 of Title 18 of the
8Pennsylvania Consolidated Statutes are amended to read:

9§ 3903. Grading of theft offenses.

10(a) Felony of the second degree.--Theft constitutes a felony
11of the second degree if:

12(1) The offense is committed during a manmade disaster,
13a natural disaster or a war-caused disaster and constitutes a
14violation of section 3921 (relating to theft by unlawful
15taking or disposition), 3925 (relating to receiving stolen
16property), 3928 (relating to unauthorized use of automobiles
17and other vehicles) or 3929 (relating to retail theft).

1(2) The property stolen is a firearm.

2(3) In the case of theft by receiving stolen property,
3the property received, retained or disposed of is a firearm.

4(4) The property stolen is any amount of anhydrous
5ammonia.

6(5) The property stolen is the property of certain
7service providers involving an amount of $50 or more and is
8being used at the time of the offense to provide service as
9provided in section 3926(d) (relating to theft of services
10and certain service provider property).

11(a.1) Felony of the third degree.--Except as provided in
12subsection (a) or (a.2) and in section 3926(d), theft
13constitutes a felony of the third degree if the amount involved
14exceeds $2,000, or if the property of certain service providers 
15having a value of $250 or more is stolen while it is not being 
16used to provide service as set forth in section 3926(d), or if
17the property stolen is an automobile, airplane, motorcycle,
18motorboat or other motor-propelled vehicle, or in the case of
19theft by receiving stolen property, if the receiver is in the
20business of buying or selling stolen property.

21(a.2) Felony of the first degree.--Theft constitutes a
22felony of the first degree if, in the case of theft by receiving
23stolen property, the property received, retained or disposed of
24is a firearm and the receiver is in the business of buying or
25selling stolen property.

26(b) Other grades.--Theft not within subsection (a), (a.1) or 
27(a.2), and theft of services involving an amount of $250 or more 
28as provided in section 3926(d), constitutes a misdemeanor of the
29first degree, except that other than in theft of such services,
30if the property was not taken from the person or by threat, or

1in breach of fiduciary obligation, and:

2(1) the amount involved was $50 or more but less than
3$200 the offense constitutes a misdemeanor of the second
4degree; or

5(2) the amount involved was less than $50 the offense
6constitutes a misdemeanor of the third degree.

7(c) Valuation.--The amount involved in a theft shall be
8ascertained as follows:

9(1) Except as otherwise specified in this section, value
10means the market value of the property at the time and place
11of the crime, or if such cannot be satisfactorily
12ascertained, the cost of replacement of the property within a
13reasonable time after the crime.

14(2) Whether or not they have been issued or delivered,
15certain written instruments, not including those having a
16readily ascertainable market value such as some public and
17corporate bonds and securities, shall be evaluated as
18follows:

19(i) The value of an instrument constituting an
20evidence of debt, such as a check, draft or promissory
21note, shall be deemed the amount due or collectible
22thereon or thereby, such figure ordinarily being the face
23amount of the indebtedness less any portion thereof which
24has been satisfied.

25(ii) The value of any other instrument which
26creates, releases, discharges or otherwise affects any
27valuable legal right, privilege or obligation shall be
28deemed the greatest amount of economic loss which the
29owner of the instrument might reasonably suffer by virtue
30of the loss of the instrument.

1(3) When the value of property cannot be satisfactorily
2ascertained pursuant to the standards set forth in paragraphs
3(1) and (2) of this subsection its value shall be deemed to
4be an amount less than $50. Amounts involved in thefts
5committed pursuant to one scheme or course of conduct,
6whether from the same person or several persons, may be
7aggregated in determining the grade of the offense.

8(d) Definitions.--As used in this section, the following
9words and phrases shall have the meanings given to them in this
10subsection:

11"Manmade disaster." Any industrial, nuclear or
12transportation accident, explosion, conflagration, power
13failure, natural resource shortage or other condition, except
14enemy action, resulting from manmade causes, such as oil spills
15and other injurious environmental contamination, which threatens
16or causes substantial damage to property, human suffering,
17hardship or loss of life.

18"Natural disaster." Any hurricane, tornado, storm, flood,
19high water, wind-driven water, tidal wave, earthquake,
20landslide, mudslide, snowstorm, drought, fire, explosion or
21other catastrophe which results in substantial damage to
22property, hardship, suffering or possible loss of life.

23"War-caused disaster." Any condition following an attack 
24upon the United States resulting in substantial damage to 
25property or injury to persons in the United States caused by use 
26of bombs, missiles, shellfire, nuclear, radiological, chemical 
27or biological means, or other weapons or overt paramilitary 
28actions, or other conditions such as sabotage.

29§ 3926. Theft of services and certain service provider 
30property.

1(a) Acquisition of services.--

2(1) A person is guilty of theft if he intentionally
3obtains services for himself or for another which he knows
4are available only for compensation, by deception or threat,
5by altering or tampering with the public utility meter or
6measuring device by which such services are delivered or by
7causing or permitting such altering or tampering, by making
8or maintaining any unauthorized connection, whether
9physically, electrically [or], inductively or otherwise, to a
10distribution or transmission line, by attaching or
11maintaining the attachment of any unauthorized object or
12device to any cable, wire or other component of an electric,
13[telephone] natural gas, heating oil, kerosene, propane, 
14telecommunications or cable television system or to a
15television receiving set connected to a cable television
16system, by making or maintaining any unauthorized
17modification or alteration to any device installed by a cable
18television system, or by false token or other trick or
19artifice to avoid payment for the service.

20(1.1) A person is guilty of theft if he intentionally
21obtains or attempts to obtain telecommunication service by
22the use of an unlawful telecommunication device or without
23the consent of the telecommunication service provider.

24(1.2) A person is guilty of theft if he intentionally
25obtains or attempts to obtain natural gas or electric service
26by the use of a means to divert electricity or natural gas
27away from measurement by a natural gas or electric meter or
28without the consent of the natural gas, propane or electric
29service provider.

30(3) A person is not guilty of theft of cable television

1service under this section who subscribes to and receives
2service through an authorized connection of a television
3receiving set at his dwelling and, within his dwelling, makes
4an unauthorized connection of an additional television
5receiving set or sets or audio system which receives only
6basic cable television service obtained through such
7authorized connection.

8(4) Where compensation for service is ordinarily paid
9immediately upon the rendering of such service, as in the
10case of hotels and restaurants, refusal to pay or absconding
11without payment or offer to pay gives rise to a presumption
12that the service was obtained by deception as to intention to
13pay.

14(b) Diversion of services.--A person is guilty of theft if,
15having control over the disposition of services of others to
16which he is not entitled, he knowingly diverts such services to
17his own benefit or to the benefit of another not entitled
18thereto.

19(b.1) Acquisition of property of certain service
20providers.--A person is guilty of theft if he unlawfully takes,
21or exercises unlawful control over, property of an electric,
22natural gas, heating oil, kerosene, propane, telecommunications
23or cable television provider, with intent to deprive the owner
24thereof.

25(c) Grading.--

26(1) An acquisition or diversion of services offense
27under this section constitutes a summary offense when the 
28value of the services obtained or diverted is less than [$50] 
29$250.

30(2) When the value of the services obtained or diverted 

1is [$50] $250 or more but less than $1,000, the grading of
2the offense shall be [as established in section 3903
3(relating to grading of theft offenses).] a misdemeanor of 
4the third degree with a minimum fine of $2,500.

5(2.1) When the value of the services obtained or
6diverted is $1,000 or more but less than $5,000, the grading
7of the offense shall be a misdemeanor of the second degree
8with a minimum fine of $5,000.

9(2.2) When the value of the services obtained or
10diverted is $5,000 or more, the grading of the offense shall
11be a misdemeanor of the first degree with a minimum fine of
12$10,000.

13(2.3) When the value of electric, natural gas, propane,
14telecommunications or cable television service provider
15property unlawfully taken or controlled is less than $250,
16the offense constitutes a summary offense.

17(2.4) When the value of electric, natural gas, propane,
18telecommunications or cable television service provider
19property unlawfully taken or controlled is $250 or more, and
20the offense occurred while the property was being used to
21provide service, the offense constitutes a misdemeanor of the
22second degree.

23(2.5) When the value of electric, natural gas, propane,
24telecommunications or cable television service provider
25property unlawfully taken or controlled is $250 or more, and
26the offense did not occur while the property was being used
27to provide service, the offense constitutes a misdemeanor of
28the third degree.

29(3) Amounts involved in theft of services or property 
30committed pursuant to one scheme or course of conduct,

1whether from the same person or several persons, may be
2aggregated in determining the grade of the offense.

3(d) Inferences.--

4(1) Any person having possession of or access to the
5location of a public utility meter or service measuring
6device which has been avoided or tampered with so as to
7inhibit or prevent the accurate measurement of utility
8service and who enjoys the use of or receives the benefit
9from the public utility service intended to be metered or
10measured by the public utility meter or measuring device so
11avoided or tampered with may be reasonably inferred to have
12acted to avoid or tamper with the public utility meter or
13measuring device with the intent to obtain the public utility
14service without making full compensation therefor.

15(2) Any person having possession of or access to the
16location of the distribution or transmission lines or other
17facilities of a cable television system which have been
18tapped, altered or tampered with or to which any unauthorized
19connection has been made or to which any unauthorized object 
20or device has been attached or any person having possession
21of or access to any device installed by a cable television
22system to which an unauthorized modification or alteration
23has been made, the result of which tapping, altering,
24tampering, connection, attachment or modification is to avoid
25payment for all or any part of the cable television service
26for which payment is normally required, and who enjoys the
27use of or receives the benefit from the cable television
28service, may be reasonably inferred to have acted to have
29tapped, altered, tampered with, connected or attached to or
30modified cable television facilities with the intent to

1obtain cable television service without making full
2compensation therefor. This inference shall not apply to the
3act of a subscriber to cable television service, who receives
4service through an authorized connection of a television
5receiving set at his dwelling, in making, within his
6dwelling, an unauthorized connection of an additional
7television receiving set or sets or audio system which
8receives only basic cable television service obtained through
9such authorized connection.

10(e) Sale or transfer of device or plan intended for
11acquisition or diversion.--A person is guilty of a misdemeanor
12of the [third] first degree if he sells, gives or otherwise
13transfers to others or offers, advertises or exposes for sale to
14others, any device, kit, plan or other instructional procedure
15for the making of such device or a printed circuit, under
16circumstances indicating his having knowledge or reason to
17believe that such device, kit, plan or instructional procedure
18is intended for use by such others for the acquisition or
19diversion of services as set forth in subsections (a) and (b). A 
20person is presumed to have the intent to defraud the energy or 
21telecommunications provider if the person creates, transfers and 
22includes or sells the device, kit, plan or instructional 
23procedure for the making of such device or printed circuit as 
24well as purchasing or installing such device. The minimum fine 
25for this act shall be $5,000.

26(f) Restitution.--The court may, in addition to any other 
27sentence authorized by law, sentence a person convicted of 
28violating this section to make restitution under section 1106 
29(relating to restitution for injuries to person or property) or 
3042 Pa.C.S. § 9721(c) (relating to sentencing generally). The 

1court shall sentence all consumers convicted of violating this 
2section to compensate the vendor of service for the full value 
3of the theft, the investigative costs incurred by the vendor, 
4the costs of full and safe restoration of service at the 
5location of the theft and interest charges for the value of 
6services taken during the period of theft within a 60-day period 
7following the imposition of sentence. In addition to any 
8restitution, the court shall impose a fine on the person 
9convicted of violating this section in the amount of not less 
10than $1,000. When emergency personnel are called to the scene of 
11theft of service, the responding volunteer fire department is 
12entitled to receive as restitution the full cost of their 
13response from the person convicted of violating this section.

14(g) Civil action.--A [telecommunication] telecommunications
15service provider, an electric service provider, a natural gas 
16service provider, propane service provider or heating oil 
17service provider or a kerosene service provider or a cable 
18television service provider aggrieved by a violation of this
19section may in a civil action in any court of competent
20jurisdiction obtain appropriate relief, including preliminary
21and other equitable or declaratory relief, compensatory and
22punitive damages, reasonable investigation expenses, costs of
23suit and attorney fees.

24(g.1) Statement of purpose.--The General Assembly believes 
25that it is important to protect the innocent citizens of this 
26Commonwealth from the personal and public dangers caused by the 
27theft of energy, telecommunications and cable television 
28services or property used to provide these services. Theft of 
29these services and property is a public safety issue that cuts 
30across classes, individuals and businesses. Safety hazards 

1include public exposure to serious injury or death and 
2destruction of public or personal property, which affects 
3individuals, neighborhoods, homes, apartments and other 
4facilities. The General Assembly seeks to provide additional 
5tools that support legal and punitive measures to combat the 
6dangerous aspects of this crime. Furthermore, the General 
7Assembly recognizes another effect of theft of the foregoing 
8service providers' services and property: the adverse impact on 
9service provider rates and the increased cost unfairly placed on 
10paying customers.

11(h) Definitions.--As used in this section, the following
12words and phrases shall have the meanings given to them in this
13subsection:

14"Cable television provider." A person or entity providing 
15for compensation, cable television service.

16"Electric service provider." A person or entity providing, 
17for compensation, electric distribution, transmission or 
18generation service.

19"Heating oil service provider." A person or entity
20providing, for compensation, heating oil or heating oil supply
21service.

22"Kerosene service provider." A person or entity providing,
23for compensation, kerosene or kerosene service.

24"Natural gas service provider." A person or entity 
25providing, for compensation, natural gas distribution or supply 
26service.

27"Propane service provider." A person or entity providing, 
28for compensation, propane or propane distribution service.

29"Service." Includes, but is not limited to, labor, 
30professional service, transportation service, the supplying of 

1hotel accommodations, restaurant services, entertainment, cable 
2television service, the supplying of equipment for use and the 
3supplying of commodities of a public utility nature such as gas, 
4electricity, steam and water, and [telephone or 
5telecommunication] telecommunications service. The term 
6"unauthorized" means that payment of full compensation for 
7service has been avoided, or has been sought to be avoided, 
8without the consent of the supplier of the service.

9["Telecommunication service provider." A person or entity 
10providing telecommunication service, including, but not limited 
11to, a cellular, paging or other wireless communications company 
12or other person or entity which, for a fee, supplies the 
13facility, cell site, mobile telephone switching office or other 
14equipment or telecommunication service.]

15"Telecommunications service." Includes, but is not limited
16to, any service provided for a charge or compensation to
17facilitate the origination, transmission, emission or reception
18of signs, signals, data, writings, images and sounds or
19intelligence of any nature by telephone, including cellular
20telephones, wire, radio, electromagnetic, photoelectronic or
21photo-optical system.

22"Telecommunications service provider." A person or entity
23providing telecommunications service, including, but not limited
24to, a cellular, paging or other wireless communications company
25or other person or entity which, for a fee, supplies the
26facility, cell site, mobile telephone switching office or other
27equipment or telecommunications service.

28["Telephone service" or "telecommunication service."
29Includes, but is not limited to, any service provided for a 
30charge or compensation to facilitate the origination, 

1transmission, emission or reception of signs, signals, data, 
2writings, images and sounds or intelligence of any nature by 
3telephone, including cellular telephones, wire, radio, 
4electromagnetic, photoelectronic or photo-optical system.]

5"Unlawful [telecommunication] telecommunications device."
6Any electronic serial number, mobile identification number, 
7personal identification number or any [telecommunication] 
8telecommunications device that is capable or has been altered, 
9modified, programmed or reprogrammed alone or in conjunction 
10with another access device or other equipment so as to be 
11capable of acquiring or facilitating the acquisition of a 
12[telecommunication] telecommunications service without the 
13consent of the [telecommunication] telecommunications service 
14provider. The term includes, but is not limited to, phones 
15altered to obtain service without the consent of the 
16[telecommunication] telecommunications service provider, tumbler 
17phones, counterfeit or clone phones, tumbler microchips, 
18counterfeit or clone microchips, scanning receivers of wireless 
19[telecommunication service of a telecommunication] 
20telecommunications service of a telecommunications service 
21provider and other instruments capable of disguising their 
22identity or location or of gaining access to a communications 
23system operated by a [telecommunication] telecommunications 
24service provider.

25Section 2. This act shall take effect in 60 days.