§ 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.--This section shall not apply
     to lawful conduct by a party to a labor dispute as defined in
     the act of June 2, 1937 (P.L.1198, No.308), known as the Labor
     Anti-Injunction Act, or to any constitutionally protected
     activity.
        (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.
     (Dec. 20, 2000, P.L.728, No.101, eff. 60 days; June 28, 2002,
     P.L.481, No.82, eff. 60 days)