18c2701h

 

 

CHAPTER 27

ASSAULT

 

Sec.

2701.  Simple assault.

2702.  Aggravated assault.

2702.1. Assault of law enforcement officer.

2703.  Assault by prisoner.

2703.1. Aggravated harassment by prisoner.

2704.  Assault by life prisoner.

2705.  Recklessly endangering another person.

2706.  Terroristic threats.

2707.  Propulsion of missiles into an occupied vehicle or onto a roadway.

2707.1. Discharge of a firearm into an occupied structure.

2707.2. Paintball guns and paintball markers.

2708.  Use of tear or noxious gas in labor disputes.

2709.  Harassment.

2709.1. Stalking.

2710.  Ethnic intimidation.

2711.  Probable cause arrests in domestic violence cases.

2712.  Assault on sports official.

2713.  Neglect of care-dependent person.

2714.  Unauthorized administration of intoxicant.

2715.  Threat to use weapons of mass destruction.

2716.  Weapons of mass destruction.

2717.  Terrorism.

2718.  Strangulation.

 

Enactment.  Chapter 27 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 27 is referred to in section 3502 of this title; section 3103 of Title 23 (Domestic Relations); sections 5750, 5985.1 of Title 42 (Judiciary and Judicial Procedure).

18c2701s

§ 2701.  Simple assault.

(a)  Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:

(1)  attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;

(2)  negligently causes bodily injury to another with a deadly weapon;

(3)  attempts by physical menace to put another in fear of imminent serious bodily injury; or

(4)  conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.

(b)  Grading.--Simple assault is a misdemeanor of the second degree unless committed:

(1)  in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or

(2)  against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.

18c2701v

(Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; June 22, 2001, P.L.605, No.48, eff. 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. Jan. 1, 2014)

 

2013 Amendment.  Act 118 amended subsecs. (a) and (b)(2).

Cross References.  Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9122.1 of this title; section 6711 of Title 23 (Domestic Relations); sections 4503, 4601 of Title 61 (Prisons and Parole).

18c2702s

§ 2702.  Aggravated assault.

(a)  Offense defined.--A person is guilty of aggravated assault if he:

(1)  attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;

(2)  attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;

(3)  attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;

(4)  attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;

(5)  attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;

(6)  attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury;

(7)  uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;

(8)  attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or

(9)  attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.

(b)  Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony of the second degree.

(c)  Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall be as follows:

(1)  Police officer.

(2)  Firefighter.

(3)  County adult probation or parole officer.

(4)  County juvenile probation or parole officer.

(5)  An agent of the Pennsylvania Board of Probation and Parole.

(6)  Sheriff.

(7)  Deputy sheriff.

(8)  Liquor control enforcement agent.

(9)  Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(10)  Judge of any court in the unified judicial system.

(11)  The Attorney General.

(12)  A deputy attorney general.

(13)  A district attorney.

(14)  An assistant district attorney.

(15)  A public defender.

(16)  An assistant public defender.

(17)  A Federal law enforcement official.

(18)  A State law enforcement official.

(19)  A local law enforcement official.

(20)  Any person employed to assist or who assists any Federal, State or local law enforcement official.

(21)  Emergency medical services personnel.

(22)  Parking enforcement officer.

(23)  A magisterial district judge.

(24)  A constable.

(25)  A deputy constable.

(26)  A psychiatric aide.

(27)  A teaching staff member, a school board member or other employee, including a student employee, of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school.

(28)  Governor.

(29)  Lieutenant Governor.

(30)  Auditor General.

(31)  State Treasurer.

(32)  Member of the General Assembly.

(33)  An employee of the Department of Environmental Protection.

(34)  An individual engaged in the private detective business as defined in section 2(a) and (b) of the act of August 21, 1953 (P.L.1273, No.361), known as The Private Detective Act of 1953.

(35)  An employee or agent of a county children and youth social service agency or of the legal representative of such agency.

(36)  A public utility employee or an employee of an electric cooperative.

(37)  A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania Game Commission.

(38)  A waterways conservation officer or deputy waterways conservation officer of the Pennsylvania Fish and Boat Commission.

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

"Electric or electronic incapacitation device."  A portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operated by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.

"Emergency medical services personnel."  The term includes, but is not limited to, doctors, residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of a hospital security force while working within the scope of their employment.

18c2702v

(Oct. 1, 1980, P.L.689, No.139, eff. 60 days; Oct. 16, 1980, P.L.978, No.167, eff. 60 days; Dec. 11, 1986, P.L.1517, No.164, eff. 60 days; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; July 6, 1995, P.L.238, No.27, eff. 60 days; Feb. 23, 1996, P.L.17, No.7, eff. 60 days; July 2, 1996, P.L.478, No.75, eff. 60 days; Dec. 21, 1998, P.L.1245, No.159, eff. 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. 60 days; Nov. 29, 2004, P.L.1349, No.173, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 24, 2012, P.L.1205, No.150, eff. 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. Jan. 1, 2014)

 

2013 Amendment.  Act 118 amended subsecs. (a)(6) and (7) and (b) and added subsec. (a)(8) and (9).

2012 Amendment.  Act 150 amended subsec. (c).

2004 Amendments.  See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Cross References.  Section 2702 is referred to in sections 2701, 2703, 2709.1, 2711, 5702, 5708, 6105 of this title; sections 2511, 5329, 6344, 6711 of Title 23 (Domestic Relations); section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, 6302, 6307, 6308, 6336, 6355, 9714, 9717, 9718, 9719, 9802 of Title 42 (Judiciary and Judicial Procedure); section 702 of Title 54 (Names); section 7122 of Title 61 (Prisons and Parole).

18c2702.1s

§ 2702.1.  Assault of law enforcement officer.

(a)  Assault of a law enforcement officer in the first degree.--A person commits a felony of the first degree who attempts to cause or intentionally or knowingly causes bodily injury to a law enforcement officer, while in the performance of duty and with knowledge that the victim is a law enforcement officer, by discharging a firearm.

(b)  Penalties.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), a person convicted under subsection (a) shall be sentenced to a term of imprisonment fixed by the court at not more than 40 years.

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

"Law enforcement officer."  The term shall have the same meaning as the term "peace officer" is given under section 501 (relating to definitions).

"Firearm."  As defined under 42 Pa.C.S. § 9712(e) (relating to sentences for offenses committed with firearms).

18c2702.1v

(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

 

2008 Amendment.  Act 131 added section 2702.1.

Cross References.  Section 2702.1 is referred to in section 905.1 of Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure).

18c2703s

§ 2703.  Assault by prisoner.

(a)  Offense defined.--A person who is confined in or committed to any local or county detention facility, jail or prison or any State penal or correctional institution or other State penal or correctional facility located in this Commonwealth is guilty of a felony of the second degree if he, while so confined or committed or while undergoing transportation to or from such an institution or facility in or to which he was confined or committed intentionally or knowingly, commits an assault upon another with a deadly weapon or instrument, or by any means or force likely to produce serious bodily injury. A person is guilty of this offense if he intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material when, at the time of the offense, the person knew, had reason to know, should have known or believed such fluid or material to have been obtained from an individual, including the person charged under this section, infected by a communicable disease, including, but not limited to, human immunodeficiency virus (HIV) or hepatitis B.

(b)  Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), or any sentence imposed for a violation of section 2702(a) (relating to aggravated assault) where the victim is a detention facility or correctional facility employee, be served consecutively with the person's current sentence.

18c2703v

(Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. imd.)

 

Cross References.  Section 2703 is referred to in section 6105 of this title; section 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Parole).

18c2703.1s

§ 2703.1.  Aggravated harassment by prisoner.

A person who is confined in or committed to any local or county detention facility, jail or prison or any State penal or correctional institution or other State penal or correctional facility located in this Commonwealth commits a felony of the third degree if he, while so confined or committed or while undergoing transportation to or from such an institution or facility in or to which he was confined or committed, intentionally or knowingly causes or attempts to cause another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material.

18c2703.1v

(Feb. 18, 1998, P.L.102, No.19, eff. imd.)

 

1998 Amendment.  Act 19 added section 2703.1.

18c2704s

§ 2704.  Assault by life prisoner.

Every person who has been sentenced to death or life imprisonment in any penal institution located in this Commonwealth, and whose sentence has not been commuted, who commits an aggravated assault with a deadly weapon or instrument upon another, or by any means of force likely to produce serious bodily injury, is guilty of a crime, the penalty for which shall be the same as the penalty for murder of the second degree. A person is guilty of this offense if he intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material when, at the time of the offense, the person knew, had reason to know, should have known or believed such fluid or material to have been obtained from an individual, including the person charged under this section, infected by a communicable disease, including, but not limited to, human immunodeficiency virus (HIV) or hepatitis B.

18c2704v

(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. imd.)

 

Cross References.  Section 2704 is referred to in section 6105 of this title; section 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Parole).

18c2705s

§ 2705.  Recklessly endangering another person.

A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.

18c2705v

 

Cross References.  Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations).

18c2706s

§ 2706.  Terroristic threats.

(a)  Offense defined.--A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:

(1)  commit any crime of violence with intent to terrorize another;

(2)  cause evacuation of a building, place of assembly or facility of public transportation; or

(3)  otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

(b)  Restitution.--A person convicted of violating this section shall, in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing generally), be sentenced to pay restitution in an amount equal to the cost of the evacuation, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly or facility.

(c)  Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.

(d)  Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless the threat causes the occupants of the building, place of assembly or facility of public transportation to be diverted from their normal or customary operations, in which case the offense constitutes a felony of the third degree.

(e)  Definition.--As used in this section, the term "communicates" means conveys in person or by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex and similar transmissions.

18c2706v

(June 18, 1998, P.L.534, No.76, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; June 28, 2002, P.L.481, No.82, eff. 60 days)

 

2002 Amendment.  Act 82 amended subsecs. (b), (c) and (d).

1999 Amendment.  Act 59 amended subsec. (a) and added subsecs. (d) and (e).

Cross References.  Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial Procedure); section 1532 of Title 75 (Vehicles).

18c2707s

§ 2707.  Propulsion of missiles into an occupied vehicle or onto a roadway.

(a)  Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, into a vehicle or instrumentality of public transportation that is occupied by one or more persons commits a misdemeanor of the first degree.

(b)  Roadways.--Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, from an overpass or any other location adjacent to or on a roadway, onto or toward said roadway shall be guilty of a misdemeanor of the second degree.

18c2707v

(July 16, 1975, P.L.62, No.37; Dec. 21, 1998, P.L.1103, No.149, eff. 60 days)

 

1998 Amendment.  Act 149 amended subsec. (b).

18c2707.1s

§ 2707.1.  Discharge of a firearm into an occupied structure.

(a)  Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure.

(b)  Grading.--An offense under this section shall be a felony of the third degree.

(c)  Defense.--It is a defense to prosecution under this section that:

(1)  the person discharging the firearm was a law enforcement officer engaged in the performance of his official law enforcement duties; or

(2)  the person discharging the firearm was engaged in a hunting activity; and

(i)  the discharge of the firearm took place from a location where the hunting activity is lawful; and

(ii)  the passage of the projectile from the firearm into the occupied structure was not intentional, knowing or reckless.

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

"Firearm."  Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.

"Occupied structure."  Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present.

18c2707.1v

(Dec. 20, 2000, P.L.831, No.116, eff. 60 days)

 

2000 Amendment.  Act 116 added section 2707.1.

18c2707.2s

§ 2707.2.  Paintball guns and paintball markers.

(a)  Unlawful carrying in vehicle.--

(1)  (Deleted by amendment).

(1.1)  Except as set forth in paragraph (2), an individual may not carry a paintball gun or a paintball marker in a vehicle on a highway unless all of the following apply:

(i)  The paintball gun or paintball marker is empty of encapsulated gelatin paintballs.

(ii)  The propellant source on the paintball gun or paintball marker is disconnected, disabled or turned off.

(iii)  The paintballs are stored in a separate and closed container.

(iv)  The paintball gun or paintball marker is:

(A)  in a secure wrapper;

(B)  has a barrel-blocking device installed; or

(C)  is not readily or directly accessible from the passenger compartment of the vehicle.

(2)  Paragraph (1.1) does not apply to a commercial paintball field, range or course where passengers are being transported by the commercial field, range or course operator to and from designated player areas.

(a.1)  Unlawful discharge of paintball gun or paintball marker.--An individual may not discharge or fire a paintball gun or paintball marker at a person who is not participating in paintball games or paintball-related recreational activities.

(b)  Penalty.--A person who violates this section commits a summary offense.

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

"Barrel-blocking device."  A device which captures or prevents the discharge of an encapsulated gelatin paintball from a paintball gun or paintball marker and meets the specifications of the American Society for Testing Materials (ASTM) F2271-03 (Standard Specification for Paintball Marker Barrel Blocking Devices) or its successor.

"Paintball gun."  A device designed and manufactured to propel, by gas or air, an encapsulated gelatin paintball.

"Paintball marker."  A device designed and manufactured to propel, by gas or air, an encapsulated gelatin paintball.

18c2707.2v

(Nov. 21, 2001, P.L.846, No.87, eff. 60 days; Dec. 22, 2005, P.L.449, No.85, eff. 60 days)

 

Cross References.  Section 2707.2 is referred to in section 6304 of this title.

18c2708s

§ 2708.  Use of tear or noxious gas in labor disputes.

(a)  Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor of the first degree if he uses or directs the use of tear or noxious gas against any person involved in a labor dispute.

(b)  Definition.--As used in this section, the term "tear or noxious gas" means any liquid or gaseous substance that, when dispersed in the atmosphere, blinds the eyes with tears or irritates or injures other organs and tissues of the human body or causes nausea, including, but not limited to, red pepper spray.

18c2708v

(Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

 

Cross References.  Section 2708 is referred to in section 2702 of this title.

18c2709s

§ 2709.  Harassment.

(a)  Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:

(1)  strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;

(2)  follows the other person in or about a public place or places;

(3)  engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;

(4)  communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;

(5)  communicates repeatedly in an anonymous manner;

(6)  communicates repeatedly at extremely inconvenient hours; or

(7)  communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).

(a.1)  Cyber harassment of a child.--

(1)  A person commits the crime of cyber harassment of a child if, with intent to harass, annoy or alarm, the person engages in a continuing course of conduct of making any of the following by electronic means directly to a child or by publication through an electronic social media service:

(i)  seriously disparaging statement or opinion about the child's physical characteristics, sexuality, sexual activity or mental or physical health or condition; or

(ii)  threat to inflict harm.

(2)  (i)  If a juvenile is charged with a violation of paragraph (1), the judicial authority with jurisdiction over the violation shall give first consideration to referring the juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or No. 370 (relating to Consent Decree). As part of the diversionary program, the judicial authority may order the juvenile to participate in an educational program which includes the legal and nonlegal consequences of cyber harassment.

(ii)  If the person successfully completes the diversionary program, the juvenile's records of the charge of violating paragraph (1) shall be expunged as provided for under section 9123 (relating to juvenile records).

(b)  Stalking.--(Deleted by amendment).

(b.1)  Venue.--

(1)  An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.

(2)  Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

(3)  In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed to have been committed at the place where the child who is the subject of the communication resides.

(c)  Grading.--

(1)  Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or (3) shall constitute a summary offense.

(2)  An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor of the third degree.

(3)  The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one degree if the person has previously violated an order issued under 23 Pa.C.S. § 6108 (relating to relief) involving the same victim, family or household member.

(d)  False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).

(e)  Application of section.--This section shall not apply to constitutionally protected activity.

(e.1)  Course of conduct.--(Deleted by amendment).

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

"Communicates."  Conveys a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.

"Course of conduct."  A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

"Emotional distress."  A temporary or permanent state of mental anguish.

"Family or household member."  Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

"Seriously disparaging statement or opinion."  A statement or opinion which is intended to and under the circumstances is reasonably likely to cause substantial emotional distress to a child of the victim's age and which produces some physical manifestation of the distress.

 

18c2709v

(June 23, 1993, P.L.124, No.28, eff. imd.; Oct. 2, 1997, P.L.379, No.44, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. 60 days; July 10, 2015, P.L.140, No.26, eff. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. 60 days)

 

2015 Amendments.  Act 26 amended subsecs. (c)(2) and (f) and added subsecs. (a.1) and (b.1)(3) and Act 59 amended subsec. (e). See the preamble to Act 59 of 2015 in the appendix to this title for special provisions relating to legislative intent.

2013 Amendment.  Act 91 amended subsec. (c) and added the def. of "family or household member" in subsec. (f).

2002 Amendment.  See sections 9 and 10 of Act 218 in the appendix to this title for special provisions relating to references to section 2709 and references to section 5504.

Cross References.  Section 2709 is referred to in sections 4954, 4955, 5708 of this title; section 3304 of Title 5 (Athletics and Sports); sections 6108, 6711 of Title 23 (Domestic Relations); sections 3573, 62A03 of Title 42 (Judiciary and Judicial Procedure).

18c2709.1s

§ 2709.1.  Stalking.

(a)  Offense defined.--A person commits the crime of stalking when the person either:

(1)  engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or

(2)  engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.

(b)  Venue.--

(1)  An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.

(2)  Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

(c)  Grading.--

(1)  Except as otherwise provided for in paragraph (2), a first offense under this section shall constitute a misdemeanor of the first degree.

(2)  A second or subsequent offense under this section or a first offense under subsection (a) if the person has been previously convicted of a crime of violence involving the same victim, family or household member, including, but not limited to, a violation of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), an order issued under section 4954 (relating to protective orders) or an order issued under 23 Pa.C.S. § 6108 (relating to relief) shall constitute a felony of the third degree.

(d)  False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).

(e)  Application of section.--This section shall not apply to constitutionally protected activity.

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

"Communicates."  To convey a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.

"Course of conduct."  A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

"Emotional distress."  A temporary or permanent state of mental anguish.

"Family or household member."  Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

18c2709.1v

(Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. 60 days)

 

2015 Amendment.  Act 59 amended subsec. (e). See the preamble to Act 59 of 2015 in the appendix to this title for special provisions relating to legislative intent.

2002 Amendment.  Act 218 added section 2709.1. See sections 9 and 10 of Act 218 in the appendix to this title for special provisions relating to references to section 2709 and references to section 5504.

Cross References.  Section 2709.1 is referred to in sections 2711, 2718, 4954, 4955, 5708, 6105 of this title; section 3304 of Title 5 (Athletics and Sports); sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 (Domestic Relations); section 62A03 of Title 42 (Judiciary and Judicial Procedure).

18c2710s

§ 2710.  Ethnic intimidation.

(a)  Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward the race, color, religion or national origin of another individual or group of individuals, he commits an offense under any other provision of this article or under Chapter 33 (relating to arson, criminal mischief and other property destruction) exclusive of section 3307 (relating to institutional vandalism) or under section 3503 (relating to criminal trespass) with respect to such individual or his or her property or with respect to one or more members of such group or to their property.

(b)  Grading.--An offense under this section shall be classified as a misdemeanor of the third degree if the other offense is classified as a summary offense. Otherwise, an offense under this section shall be classified one degree higher in the classification specified in section 106 (relating to classes of offenses) than the classification of the other offense.

(c)  Definition.--As used in this section "malicious intention" means the intention to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a) motivated by hatred toward the race, color, religion or national origin of another individual or group of individuals.

18c2710v

(June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 3, 2002, P.L.1176, No.143, eff. imd.; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)

 

2008 Effectuation of Declaration of Unconstitutionality.  The Legislative Reference Bureau effectuated the 2007 unconstitutionality.

2007 Unconstitutionality.  Act 143 of 2002 was declared unconstitutional. Marcavage v. Rendell, 936 A.2d 188 (Pa. Commonwealth 2007).

2002 Amendments.  Act 143 amended the entire section and Act 218 amended subsec. (a). Act 218 overlooked the amendment by Act 143, but the amendments do not conflict in substance and both have been given effect in setting forth the text of subsec. (a).

1982 Amendment.  See section 2 of Act 154 of 1982 in the appendix to this title for special provisions relating to right of action for injunction, damages or other relief.

Effective Date.  After December 2, 2002, and before February 7, 2003, section 2710 will reflect only the amendment by Act 143, as follows:

§ 2710.  Ethnic intimidation.

(a)  Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward the actual or perceived race, color, religion, national origin, ancestry, mental or physical disability, sexual orientation, gender or gender identity of another individual or group of individuals, he commits an offense under any other provision of this article or under Chapter 33 (relating to arson, criminal mischief and other property destruction) exclusive of section 3307 (relating to institutional vandalism) or under section 3503 (relating to criminal trespass) or under section 5504 (relating to harassment by communication or address) with respect to such individual or his or her property or with respect to one or more members of such group or to their property.

(b)  Grading.--An offense under this section shall be classified as a misdemeanor of the third degree if the other offense is classified as a summary offense. Otherwise, an offense under this section shall be classified one degree higher in the classification specified in section 106 (relating to classes of offenses) than the classification of the other offense.

(c)  Definition.--As used in this section "malicious intention" means the intention to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a) motivated by hatred toward the actual or perceived race, color, religion or national origin, ancestry, mental or physical disability, sexual orientation, gender or gender identity of another individual or group of individuals.

Cross References.  Section 2710 is referred to in section 8309 of Title 42 (Judiciary and Judicial Procedure).

18c2711s

§ 2711.  Probable cause arrests in domestic violence cases.

(a)  General rule.--A police officer shall have the same right of arrest without a warrant as in a felony whenever he has probable cause to believe the defendant has violated section 2504 (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2706 (relating to terroristic threats) or 2709.1 (relating to stalking) against a family or household member although the offense did not take place in the presence of the police officer. A police officer may not arrest a person pursuant to this section without first observing recent physical injury to the victim or other corroborative evidence. For the purposes of this subsection, the term "family or household member" has the meaning given that term in 23 Pa.C.S. § 6102 (relating to definitions).

(b)  Seizure of weapons.--The arresting police officer shall seize all weapons used by the defendant in the commission of the alleged offense.

(c)  Bail.--

(1)  A defendant arrested pursuant to this section shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. In no case shall the arresting officer release the defendant from custody rather than taking the defendant before the issuing authority.

(2)  In determining whether to admit the defendant to bail, the issuing authority shall consider whether the defendant poses a threat of danger to the victim. If the issuing authority makes such a determination, it shall require as a condition of bail that the defendant shall refrain from entering the residence or household of the victim and the victim's place of employment and shall refrain from committing any further criminal conduct against the victim and shall so notify the defendant thereof at the time the defendant is admitted to bail. Such condition shall expire at the time of the preliminary hearing or upon the entry or the denial of the protection of abuse order by the court, whichever occurs first. A violation of this condition may be punishable by the revocation of any form of pretrial release or the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding him to custody or a modification of the terms of the bail. The defendant shall be provided a hearing on this matter.

(d)  Notice of rights.--Upon responding to a domestic violence case, the police officer shall, orally or in writing, notify the victim of the availability of a shelter, including its telephone number, or other services in the community. Said notice shall include the following statement: "If you are the victim of domestic violence, you have the right to go to court and file a petition requesting an order for protection from domestic abuse pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse) which could include the following:

(1)  An order restraining the abuser from further acts of abuse.

(2)  An order directing the abuser to leave your household.

(3)  An order preventing the abuser from entering your residence, school, business or place of employment.

(4)  An order awarding you or the other parent temporary custody of or temporary visitation with your child or children.

(5)  An order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."

18c2711v

(Feb. 15, 1986, P.L.27, No.10, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. 90 days; Dec. 20, 2000, P.L.728, No.101, eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)

 

2002 Amendment.  Act 218 amended subsec. (a).

1990 Amendment.  Act 206 amended subsec. (d).

18c2712s

§ 2712.  Assault on sports official.

(a)  Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim is a sports official who was assaulted during a sports event or was assaulted as a result of his or her official acts as a sports official, is guilty of assault on a sports official.

(b)  Grading.--Assault on a sports official 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:

"Sports event."  Any interscholastic athletic activity in a junior high school, high school, college or university in this Commonwealth or any other organized athletic activity in this Commonwealth, including a professional or semiprofessional event.

"Sports official."  A person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. The term includes a trainer, team attendant, game manager, athletic director, assistant athletic director, president, dean, headmaster, principal and assistant principal of a school, college or university.

18c2712v

(Feb. 14, 1990, P.L.54, No.7, eff. imd.)

 

1990 Amendment.  Act 7 added section 2712.

18c2713s

§ 2713.  Neglect of care-dependent person.

(a)  Offense defined.--A caretaker is guilty of neglect of a care-dependent person if he:

(1)  Intentionally, knowingly or recklessly causes bodily injury or serious bodily injury by failing to provide treatment, care, goods or services necessary to preserve the health, safety or welfare of a care-dependent person for whom he is responsible to provide care.

(2)  Intentionally or knowingly uses a physical restraint or chemical restraint or medication on a care-dependent person, or isolates a care-dependent person contrary to law or regulation, such that bodily injury or serious bodily injury results.

(b)  Penalty.--

(1)  A violation of subsection (a)(1) constitutes a misdemeanor of the first degree if the victim suffers bodily injury.

(2)  A violation of subsection (a)(1) constitutes a felony of the first degree if the victim suffers serious bodily injury.

(3)  A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if the victim suffers bodily injury.

(4)  A violation of subsection (a)(2) constitutes a felony of the first degree if the victim suffers serious bodily injury.

(c)  Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the Department of Aging, the Department of Health or the Department of Public Welfare has a reasonable cause to believe that a care-dependent person or care-dependent persons residing in a facility have suffered bodily injury or been unlawfully restrained in violation of subsection (a)(1) or (2), a report shall be made immediately to the local law enforcement agency or to the Office of Attorney General.

(d)  Enforcement.--

(1)  The district attorneys of the several counties shall have authority to investigate and to institute criminal proceedings for any violations of this section.

(2)  In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and institute criminal proceedings for any violation of this section. A person charged with a violation of this section by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

(e)  Treatment in conformance with care-dependent person's right to accept or refuse services.--A caretaker or any other individual or facility may offer an affirmative defense to charges filed pursuant to this section if the caretaker, individual or facility can demonstrate through a preponderance of the evidence that the alleged violations result directly from:

(1)  the caretaker's, individual's or facility's lawful compliance with a care-dependent person's living will as provided in 20 Pa.C.S. Ch. 54 (relating to health care);

(2)  the caretaker's, individual's or facility's lawful compliance with the care-dependent person's written, signed and witnessed instructions, executed when the care-dependent person is competent as to the treatment he wishes to receive;

(3)  the caretaker's, individual's or facility's lawful compliance with the direction of the care-dependent person's:

(i)  agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. Ch. 56 (relating to powers of attorney), within the scope of that power; or

(ii)  health care agent acting pursuant to a health care power of attorney under 20 Pa.C.S. Ch. 54 Subch. C (relating to health care agents and representatives), within the scope of that power;

(4)  the caretaker's, individual's or facility's lawful compliance with a "Do Not Resuscitate" order written and signed by the care-dependent person's attending physician; or

(5)  the caretaker's, individual's or facility's lawful compliance with the direction of the care-dependent person's health care representative under 20 Pa.C.S. § 5461 (relating to decisions by health care representative), provided the care-dependent person has an end-stage medical condition or is permanently unconscious as these terms are defined in 20 Pa.C.S. § 5422 (relating to definitions) as determined and documented in the person's medical record by the person's attending physician.

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

"Care-dependent person."  Any adult who, due to physical or cognitive disability or impairment, requires assistance to meet his needs for food, shelter, clothing, personal care or health care.

"Caretaker."  Any person who:

(1)  is an owner, operator, manager or employee of a nursing home, personal care home, domiciliary care home, community residential facility, intermediate care facility for the mentally retarded, adult daily living center, home health agency or home health service provider whether licensed or unlicensed;

(2)  provides care to a care-dependent person in the setting described in paragraph (1); or

(3)  has an obligation to care for a care-dependent person for monetary consideration in the settings described in paragraph (1) or in the care-dependent person's home.

"Person."  A natural person, corporation, partnership, unincorporated association or other business entity.

18c2713v

(July 6, 1995, P.L.242, No.28, eff. 60 days; June 25, 1997, P.L.284, No.26, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. 60 days; Nov. 29, 2006, P.L.1484, No.169, eff. 60 days)

 

2006 Amendment.  Act 169 amended subsec. (e).

1998 Amendment.  Act 70 amended subsec. (d)(2).

1997 Amendment.  Act 26 amended subsec. (f).

1995 Amendment.  Act 28 added section 2713.

References in Text.  The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Cross References.  Section 2713 is referred to in section 4120 of this title; section 5461 of Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary and Judicial Procedure).

18c2714s

§ 2714.  Unauthorized administration of intoxicant.

A person commits a felony of the third degree when, with the intent to commit an offense under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate sexual intercourse), 3125(5) (relating to aggravated indecent assault) or 3126(a)(5) (relating to indecent assault), he or she substantially impairs the complainant's power to appraise or control his or her conduct by administering, without the knowledge of the complainant, drugs or other intoxicants.

18c2714v

(Dec. 19, 1997, P.L.621, No.65, eff. 60 days)

 

1997 Amendment.  Act 65 added section 2714.

18c2715s

§ 2715.  Threat to use weapons of mass destruction.

(a)  Offense defined.--A person who intentionally:

(1)  (Deleted by amendment).

(2)  (Deleted by amendment).

(3)  reports without factual basis of knowledge the existence or potential existence of a weapon of mass destruction; or

(4)  threatens by any means the placement or setting of a weapon of mass destruction;

commits an offense under this section. A separate offense shall occur for each report or threat to place or set a weapon of mass destruction.

(b)  Penalty.--An offense under this section shall be graded as follows:

(1)  Except as set forth in paragraph (2), a misdemeanor of the first degree.

(2)  If the report or threat causes the occupants of a building, place of assembly or facility of public transportation to be diverted from their normal or customary operations, a felony of the third degree.

(3)  A felony of the second degree if the offense occurs during a declared state of emergency and the report or threat causes disruption to the operations of any person, business entity or governmental agency where the weapon of mass destruction is reported to exist or threatened to be placed or set.

(c)  Emergency response costs.--A person convicted of violating this section shall, in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing generally), be sentenced to pay restitution in an amount equal to the cost of the evacuation, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly or facility.

(c.1)  Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.

(c.2)  Application of section.--(Deleted by amendment).

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

"Biological agent."  A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or microorganism which causes infections, disease or bodily harm.

"Bomb."  An explosive device used for unlawful purposes.

"Chemical agent."  Any of the following:

(1)  A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX.

(2)  A choking agent, including phosgene (CG) and diphosgene (DP).

(3)  A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine (SA).

(4)  A blister agent. This paragraph includes:

(i)  Mustard (H).

(ii)  Sulfur mustard (HD).

(iii)  HN-1.

(iv)  HN-2.

(v)  Sulfur mustard (HN-3).

(vi)  An arsenical, such as lewisite (L).

(vii)  An urticant, such as CX.

(viii)  An incapacitating agent, such as B2.

(5)  Any other chemical element or compound which causes death or bodily harm.

"Nuclear agent."  A radioactive material.

"Weapon of mass destruction."  A bomb, biological agent, chemical agent or nuclear agent.

 

18c2715v

(Dec. 20, 2000, P.L.728, No.101, eff. 60 days; June 28, 2002, P.L.481, No.82, eff. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. 60 days)

 

2015 Amendment.  Act 59 deleted subsec. (c.2). See the preamble to Act 59 of 2015 in the appendix to this title for special provisions relating to legislative intent.

18c2716s

§ 2716.  Weapons of mass destruction.

(a)  Unlawful possession or manufacture.--A person commits an offense if the person, without lawful authority to do so, intentionally, knowingly or recklessly possesses or manufactures a weapon of mass destruction.

(b)  Use.--A person commits an offense if the person, without lawful authority to do so, intentionally, knowingly or recklessly sells, purchases, transports or causes another to transport, delivers or causes to be delivered or uses a weapon of mass destruction and if such action causes any of the following:

(1)  Illness or injury to another individual.

(2)  Damage to or disruption of a water or food supply or public natural resources, including waterways, State forests and parks, surface water, groundwater and wildlife.

(3)  Evacuation of a building, place of assembly or facility of public transportation.

(c)  Grading.--

(1)  A first offense under subsection (a) constitutes a felony of the second degree. A subsequent offense under subsection (a) constitutes a felony of the first degree.

(2)  An offense under subsection (b)(1) constitutes a felony of the first degree. If the offense results in the death of an individual, the defendant shall be sentenced to life imprisonment.

(3)  An offense under subsection (b)(2) or (3) constitutes a felony of the first degree.

(d)  Restitution.--A person convicted of violating this section shall, in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing generally), be sentenced to pay restitution in an amount equal to the cost of the evacuation, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly or facility.

(e)  Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.

(f)  Possession.--For purposes of this section, an individual shall not be deemed to be in possession of an agent if the individual is naturally exposed to or innocently infected or contaminated with the agent.

(g)  Enforcement.--

(1)  In addition to the authority conferred upon the Attorney General under sections 205 and 206 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General has the authority to investigate and to institute criminal proceedings for a violation of this section committed:

(i)  anywhere in this Commonwealth;

(ii)  in different counties; or

(iii)  in this Commonwealth and another jurisdiction.

(2)  Each district attorney has the authority to investigate and to institute criminal proceedings for a violation of this section.

(h)  Jurisdiction.--No person charged with a violation of this section shall have standing to challenge the authority of the Attorney General under subsection (g)(1). If a challenge is made in violation of this subsection, the challenge shall be dismissed, and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

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

"Biological agent."  A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or microorganism which causes infections, disease or bodily harm.

"Bomb."  An explosive device used for unlawful purposes.

"Chemical agent."  Any of the following:

(1)  A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX.

(2)  A choking agent, including phosgene (CG) and diphosgene (DP).

(3)  A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine (SA).

(4)  A blister agent. This paragraph includes:

(i)  Mustard (H).

(ii)  Sulfur mustard (HD).

(iii)  HN-1.

(iv)  HN-2.

(v)  Nitrogen mustard (HN-3).

(vi)  An arsenical, such as lewisite (L).

(vii)  An urticant, such as CX.

(viii)  An incapacitating agent, such as B2.

(5)  Any other chemical element or compound which causes death or bodily harm.

"Nuclear agent."  A radioactive material.

"Weapon of mass destruction."  A biological agent, bomb, chemical agent or nuclear agent.

18c2716v

(June 28, 2002, P.L.481, No.82, eff. 60 days)

 

2002 Amendment.  Act 82 added section 2716.

Cross References.  Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of Title 42 (Judiciary and Judicial Procedure).

18c2717s

§ 2717.  Terrorism.

(a)  General rule.--A person is guilty of terrorism if he commits a violent offense intending to do any of the following:

(1)  Intimidate or coerce a civilian population.

(2)  Influence the policy of a government by intimidation or coercion.

(3)  Affect the conduct of a government.

(b)  Grading and penalty.--

(1)  If the violent offense is a misdemeanor or a felony of the third or second degree, an offense under this section shall be classified one degree higher than the classification of the violent offense specified in section 106 (relating to classes of offenses).

(2)  If the violent offense is a felony of the first degree, a person convicted of an offense under this section shall be sentenced to a term of imprisonment fixed by the court at not more than 40 years and may be sentenced to pay a fine of not more than $100,000.

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

"Dangerous to human life or property."  A violent act or an act which is intended to or likely to cause death, serious bodily injury or mass destruction.

"Mass destruction."  An act which is intended to or likely to destroy or cause serious damage to transportation-related infrastructure or facilities, energy-related infrastructure or facilities, public or private buildings, places of public accommodation or public works under circumstances evincing depraved indifference to human life or property.

"Violent offense."  An offense under this part, including an attempt, conspiracy or solicitation to commit any such offense, which is punishable by imprisonment of more than one year and involves an act dangerous to human life or property.

18c2717v

(July 7, 2006, P.L.342, No.71, eff. 60 days)

 

2006 Amendment.  Act 71 added section 2717.

Cross References.  Section 2717 is referred to in sections 6801.1, 9714 of Title 42 (Judiciary and Judicial Procedure).

18c2718s

§ 2718.  Strangulation.

(a)  Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by:

(1)  applying pressure to the throat or neck; or

(2)  blocking the nose and mouth of the person.

(b)  Physical injury.--Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section.

(c)  Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim consented to the defendant's actions as provided under section 311 (relating to consent).

(d)  Grading.--

(1)  Except as provided in paragraph (2) or (3), a violation of this section shall constitute a misdemeanor of the second degree.

(2)  A violation of this section shall constitute a felony of the second degree if committed:

(i)  against a family or household member as defined in 23 Pa.C.S. § 6102 (relating to definitions);

(ii)  by a caretaker against a care-dependent person; or

(iii)  in conjunction with sexual violence as defined in 42 Pa.C.S. § 62A03 (relating to definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) or Subchapter B of Chapter 30 (relating to prosecution of human trafficking).

(3)  A violation of this section shall constitute a felony of the first degree if:

(i)  at the time of commission of the offense, the defendant is subject to an active protection from abuse order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or a sexual violence or intimidation protection order under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation) that covers the victim;

(ii)  the defendant uses an instrument of crime as defined in section 907 (relating to possessing instruments of crime) in commission of the offense under this section; or

(iii)  the defendant has previously been convicted of an offense under paragraph (2) or a substantially similar offense in another jurisdiction.

(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:

"Care-dependent person."  An adult who, due to physical or cognitive disability or impairment, requires assistance to meet his needs for food, shelter, clothing, personal care or health care.

"Caretaker."  Any person who:

(1)  Is an owner, operator, manager or employee of any of the following:

(i)  A nursing home, personal care home, assisted living facility, private care residence or domiciliary home.

(ii)  A community residential facility or intermediate care facility for a person with mental disabilities.

(iii)  An adult daily living center.

(iv)  A home health service provider whether licensed or unlicensed.

(v)  An entity licensed under the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

(2)  Provides care to a care-dependent person in the settings described under paragraph (1).

(3)  Has an obligation to care for a care-dependent person for monetary consideration in the settings described under paragraph (1).

(4)  Is an adult who resides with a care-dependent person and who has a legal duty to provide care or who has voluntarily assumed an obligation to provide care because of a familial relationship, contract or court order.

(5)  Is an adult who does not reside with a care-dependent person but who has a legal duty to provide care or who has affirmatively assumed a responsibility for care or who has responsibility by contract or court order.

"Legal entity."  An individual, partnership, unincorporated association, corporation or governing authority.

"Private care residence."

(1)  A private residence:

(i)  in which the owner of the residence or the legal entity responsible for the operation of the residence, for monetary consideration, provides or assists with or arranges for the provision of food, room, shelter, clothing, personal care or health care in the residence, for a period exceeding 24 hours, to fewer than four care-dependent persons who are not relatives of the owner; and

(ii)  which is not required to be licensed as a long-term care nursing facility, as defined in section 802.1 of the Health Care Facilities Act.

(2)  The term does not include:

(i)  Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(ii)  A facility which provides residential care for fewer than four care-dependent adults and which is regulated by the Department of Human Services.

18c2718v

(Oct. 26, 2016, P.L.888, No.111, eff. 60 days)

 

2016 Amendment.  Act 71 added section 2718.