18c5101h

 

 

CHAPTER 51

OBSTRUCTING GOVERNMENTAL OPERATIONS

 

Subchapter

A.  Definition of Offenses Generally

B.  Escape

C.  Criminal Gangs

 

Enactment.  Chapter 51 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 51 is referred to in section 3016 of this title; section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).

 

 

SUBCHAPTER A

DEFINITION OF OFFENSES GENERALLY

 

Sec.

5101.  Obstructing administration of law or other governmental function.

5102.  Obstructing or impeding the administration of justice by picketing, etc.

5103.  Unlawfully listening into deliberations of jury.

5104.  Resisting arrest or other law enforcement.

5104.1. Disarming law enforcement officer.

5105.  Hindering apprehension or prosecution.

5106.  Failure to report injuries by firearm or criminal act.

5107.  Aiding consummation of crime.

5108.  Compounding.

5109.  Barratry.

5110.  Contempt of General Assembly.

5111.  Dealing in proceeds of unlawful activities.

5112.  Obstructing emergency services.

18c5101s

§ 5101.  Obstructing administration of law or other governmental function.

A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

18c5101v

 

Cross References.  Section 5101 is referred to in section 5708 of this title; section 3132 of Title 27 (Environmental Resources; section 5552 of Title 42 (Judiciary and Judicial Procedure).

18c5102s

§ 5102.  Obstructing or impeding the administration of justice by picketing, etc.

(a)  Offense defined.--A person is guilty of a misdemeanor of the second degree if he intentionally interferes with, obstructs or impedes the administration of justice, or with the intent of influencing any judge, juror, witness or court officer in the discharge of his duty, pickets or parades in or near any building housing a court of this Commonwealth, or in or near a building or residence occupied by or used by such judge, juror, witness or court officer, or with such intent uses any sound-truck or similar device, or resorts to any other demonstration in or near any such building or residence.

(b)  Exception.--Nothing in subsection (a) of this section shall interfere with or prevent the exercise by any court of this Commonwealth of its power to punish for contempt.

18c5103s

§ 5103.  Unlawfully listening into deliberations of jury.

A person is guilty of a misdemeanor of the third degree if he, by any scheme or device, or in any manner, for any purpose, intentionally listens into the deliberations of any grand, petit, traverse, or special jury.

18c5103v

 

Cross References.  Section 5103 is referred to in section 1515 of Title 42 (Judiciary and Judicial Procedure).

18c5104s

§ 5104.  Resisting arrest or other law enforcement.

A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.

18c5104.1s

§ 5104.1.  Disarming law enforcement officer.

(a)  Offense defined.--A person commits the offense of disarming a law enforcement officer if he:

(1)  without lawful authorization, removes or attempts to remove a firearm, rifle, shotgun or weapon from the person of a law enforcement officer or corrections officer, or deprives a law enforcement officer or corrections officer of the use of a firearm, rifle, shotgun or weapon, when the officer is acting within the scope of the officer's duties; and

(2)  has reasonable cause to know or knows that the individual is a law enforcement officer or corrections officer.

(b)  Grading.--A violation of this section constitutes a felony of the third degree.

18c5104.1v

(July 5, 2005, P.L.76, No.30, eff. 60 days)

 

2005 Amendment.  Act 30 added section 5104.1.

18c5105s

§ 5105.  Hindering apprehension or prosecution.

(a)  Offense defined.--A person commits an offense if, with intent to hinder the apprehension, prosecution, conviction or punishment of another for crime or violation of the terms of probation, parole, intermediate punishment or Accelerated Rehabilitative Disposition, he:

(1)  harbors or conceals the other;

(2)  provides or aids in providing a weapon, transportation, disguise or other means of avoiding apprehension or effecting escape;

(3)  conceals or destroys evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence;

(4)  warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law; or

(5)  provides false information to a law enforcement officer.

(b)  Grading.--The offense is a felony of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a felony of the first or second degree. Otherwise it is a misdemeanor of the second degree.

18c5105v

(Dec. 18, 1996, P.L.1074, No.160, eff. 60 days)

18c5106s

§ 5106.  Failure to report injuries by firearm or criminal act.

(a)  Offense defined.--Except as set forth in subsection (a.1), a physician, intern or resident, or any person conducting, managing or in charge of any hospital or pharmacy, or in charge of any ward or part of a hospital, to whom shall come or be brought any person:

(1)  suffering from any wound or other injury inflicted by his own act or by the act of another which caused death or serious bodily injury, or inflicted by means of a deadly weapon as defined in section 2301 (relating to definitions); or

(2)  upon whom injuries have been inflicted in violation of any penal law of this Commonwealth;

commits a summary offense if the reporting party fails to report such injuries immediately, both by telephone and in writing, to the chief of police or other head of the police department of the local government, or to the Pennsylvania State Police. The report shall state the name of the injured person, if known, the injured person's whereabouts and the character and extent of the person's injuries.

(a.1)  Exception.--In cases of bodily injury as defined in section 2301 (relating to definitions), failure to report under subsection (a)(2) does not constitute an offense if all of the following apply:

(1)  The victim is an adult and has suffered bodily injury.

(2)  The injury was inflicted by an individual who:

(i)  is the current or former spouse of the victim;

(ii)  is a current or former sexual or intimate partner of the victim;

(iii)  shares biological parenthood with the victim; or

(iv)  is or has been living as a spouse of the victim.

(3)  The victim has been informed:

(i)  of the duty to report under subsection (a)(2); and

(ii)  that the report under subsection (a)(2) cannot be made without the victim's consent.

(4)  The victim does not consent to the report under subsection (a)(2).

(5)  The victim has been provided with a referral to the appropriate victim service agency such as a domestic violence or sexual assault program.

(b)  Immunity granted.--No physician or other person shall be subject to civil or criminal liability by reason of complying with this section.

(c)  Physician-patient privilege unavailable.--In any judicial proceeding resulting from a report pursuant to this section, the physician-patient privilege shall not apply in respect to evidence regarding such injuries or the cause thereof. This subsection shall not apply where a report is not made pursuant to subsection (a.1).

(d)  Reporting of crime encouraged.--Nothing in this chapter precludes a victim from reporting the crime that resulted in injury.

(e)  Availability of information.--A physician or other individual may make available information concerning domestic violence or sexual assault to any individual subject to the provisions of this chapter.

18c5106v

(Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)

18c5107s

§ 5107.  Aiding consummation of crime.

(a)  Offense defined.--A person commits an offense if he intentionally aids another to accomplish an unlawful object of a crime, as by safeguarding the proceeds thereof or converting the proceeds into negotiable funds.

(b)  Grading.--The offense is a felony of the third degree if the principal offense was a felony of the first or second degree. Otherwise it is a misdemeanor of the second degree.

18c5108s

§ 5108.  Compounding.

(a)  Offense defined.--A person commits a misdemeanor of the second degree if he accepts or agrees to accept any pecuniary benefit in consideration of refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to an offense.

(b)  Defense.--It is a defense to prosecution under this section that the pecuniary benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense.

18c5109s

§ 5109.  Barratry.

A person is guilty of a misdemeanor of the third degree if he vexes others with unjust and vexatious suits.

18c5110s

§ 5110.  Contempt of General Assembly.

A person is guilty of a misdemeanor of the third degree if he is disorderly or contemptuous in the presence of either branch of the General Assembly, or if he neglects or refuses to appear in the presence of either of such branches after having been duly served with a subpoena to so appear.

18c5111s

§ 5111.  Dealing in proceeds of unlawful activities.

(a)  Offense defined.--A person commits a felony of the first degree if the person conducts a financial transaction under any of the following circumstances:

(1)  With knowledge that the property involved, including stolen or illegally obtained property, represents the proceeds of unlawful activity, the person acts with the intent to promote the carrying on of the unlawful activity.

(2)  With knowledge that the property involved, including stolen or illegally obtained property, represents the proceeds of unlawful activity and that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity.

(3)  To avoid a transaction reporting requirement under State or Federal law.

(b)  Penalty.--Upon conviction of a violation under subsection (a), a person shall be sentenced to a fine of the greater of $100,000 or twice the value of the property involved in the transaction or to imprisonment for not more than 20 years, or both.

(c)  Civil penalty.--A person who conducts or attempts to conduct a transaction described in subsection (a) is liable to the Commonwealth for a civil penalty of the greater of:

(1)  the value of the property, funds or monetary instruments involved in the transaction; or

(2)  $10,000.

(d)  Cumulative remedies.--Any proceedings under this section shall be in addition to any other criminal penalties or forfeitures authorized under the State law.

(e)  Enforcement.--

(1)  The Attorney General shall have the power and duty to institute proceedings to recover the civil penalty provided under subsection (c) against any person liable to the Commonwealth for such a penalty.

(2)  The district attorneys of the several counties shall have authority to investigate and to institute criminal proceedings for any violation of subsection (a).

(3)  In addition to the authority conferred upon the Attorney General by 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 to institute criminal proceedings for any violation of subsection (a) or any series of related violations involving more than one county of the Commonwealth or involving any county of the Commonwealth and another state. No person charged with a violation of subsection (a) by the Attorney General shall 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 the Commonwealth to the person making the challenge.

(4)  Nothing contained in this subsection shall be construed to limit the regulatory or investigative authority of any department or agency of the Commonwealth whose functions might relate to persons, enterprises or matters falling within the scope of this section.

(e.1)  Venue.--An offense under subsection (a) may be deemed to have been committed where any element of unlawful activity or of the offense under subsection (a) occurs.

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

"Conducts."  Includes initiating, concluding or participating in initiating or concluding a transaction.

"Financial institution."  Any of the following:

(1)  An insured bank as defined in section 3(h) of the Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. § 1813(h)).

(2)  A commercial bank or trust company.

(3)  A private banker.

(4)  An agency or bank of a foreign bank in this Commonwealth.

(5)  An insured institution as defined in section 401(a) of the National Housing Act (48 Stat. 1246, 12 U.S.C. § 1724(a)).

(6)  A thrift institution.

(7)  A broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.).

(8)  A broker or dealer in securities or commodities.

(9)  An investment banker or investment company.

(10)  A currency exchange.

(11)  An insurer, redeemer or cashier of travelers' checks, checks, money orders or similar instruments.

(12)  An operator of a credit card system.

(13)  An insurance company.

(14)  A dealer in precious metals, stones or jewels.

(15)  A pawnbroker.

(16)  A loan or finance company.

(17)  A travel agency.

(18)  A licensed sender of money.

(19)  A telegraph company.

(20)  An agency of the Federal Government or of a state or local government carrying out a duty or power of a business described in this paragraph.

(21)  Another business or agency carrying out a similar, related or substitute duty or power which the United States Secretary of the Treasury prescribes.

"Financial transaction."  A transaction involving the movement of funds by wire or other means or involving one or more monetary instruments. The term includes any exchange of stolen or illegally obtained property for financial compensation or personal gain.

"Knowing that the property involved in a financial transaction represents the proceeds of unlawful activity."  Knowing that the property involved in the transaction represents proceeds from some form, though not necessarily which form, of unlawful activity, regardless of whether or not the activity is specified in this section.

"Monetary instrument."  Coin or currency of the United States or of any other country, traveler's checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery.

"Transaction."  Includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition. With respect to a financial institution, the term includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument and any other payment, transfer or delivery by, through, or to a financial institution, by whatever means effected.

"Unlawful activity."  Any activity graded a misdemeanor of the first degree or higher under Federal or State law.

18c5111v

(Dec. 22, 1989, P.L.770, No.108, eff. imd.; June 28, 2002, P.L.481, No.82, eff. 60 days; Oct. 25, 2012, P.L.1645, No.203, eff. 60 days)

 

2012 Amendment.  Act 203 amended subsec. (a) and the def. of "financial transaction" in subsec. (f).

2002 Amendment.  Act 82 amended subsec. (a) and added subsec. (e.1).

1989 Amendment.  Act 108 added section 5111.

Cross References.  Section 5111 is referred to in sections 911, 5708 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).

18c5112s

§ 5112.  Obstructing emergency services.

(a)  Offense defined.--A person commits a misdemeanor of the third degree if he knowingly impedes, obstructs or interferes with emergency services personnel providing emergency medical services to an injured victim or performing rescue or firefighting activities.

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

"Emergency medical services."  The services utilized in responding to the needs of an individual for immediate medical care in order to prevent loss of life or the aggravation of physiological or psychological illness or injury.

"Emergency services personnel."  A person, including a trained volunteer or a member of the armed forces of the United States or the National Guard, whose official or assigned responsibilities include performing or directly supporting the performance of emergency medical or rescue services or firefighting.

"Rescue."  The act of extricating persons from entrapment or dangerous situations which pose the imminent threat of death or serious bodily injury.

18c5112v

(Dec. 21, 1998, P.L.1240, No.157, eff. 60 days)

 

1998 Amendment.  Act 157 added section 5112.

18c5121h

 

 

SUBCHAPTER B

ESCAPE

 

Sec.

5121.  Escape.

5122.  Weapons or implements for escape.

5123.  Contraband.

5124.  Default in required appearance.

5125.  Absconding witness.

5126.  Flight to avoid apprehension, trial or punishment.

18c5121s

§ 5121.  Escape.

(a)  Escape.--A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.

(b)  Permitting or facilitating escape.--A public servant concerned in detention commits an offense if he knowingly or recklessly permits an escape. Any person who knowingly causes or facilitates an escape commits an offense.

(c)  Effect of legal irregularity in detention.--Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, shall not be a defense to prosecution under this section.

(d)  Grading.--

(1)  An offense under this section is a felony of the third degree where:

(i)  the actor was under arrest for or detained on a charge of felony or following conviction of crime;

(ii)  the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape; or

(iii)  a public servant concerned in detention of persons convicted of crime intentionally facilitates or permits an escape from a detention facility.

(2)  Otherwise an offense under this section is a misdemeanor of the second degree.

(e)  Definition.--As used in this section the phrase "official detention" means arrest, detention in any facility for custody of persons under charge or conviction of crime or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes; but the phrase does not include supervision of probation or parole, or constraint incidental to release on bail.

18c5121v

 

Cross References.  Section 5121 is referred to in sections 5708, 6105 of this title; sections 9711, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 1162, 3513, 5006 of Title 61 (Prisons and Parole).

18c5122s

§ 5122.  Weapons or implements for escape.

(a)  Offenses defined.--

(1)  A person commits a misdemeanor of the first degree if he unlawfully introduces within a detention facility, correctional institution or mental hospital, or unlawfully provides an inmate thereof with any weapon, tool, implement, or other thing which may be used for escape.

(2)  An inmate commits a misdemeanor of the first degree if he unlawfully procures, makes or otherwise provides himself with, or unlawfully has in his possession or under his control, any weapon, tool, implement or other thing which may be used for escape.

(3)  (Deleted by amendment).

(b)  Definitions.--

(1)  As used in this section, the word "unlawfully" means surreptitiously or contrary to law, regulation or order of the detaining authority.

(2)  As used in this section, the word "weapon" means any implement readily capable of lethal use and shall include any firearm, ammunition, knife, dagger, razor, other cutting or stabbing implement or club, including any item which has been modified or adopted so that it can be used as a firearm, ammunition, knife, dagger, razor, other cutting or stabbing implement, or club. The word "firearm" includes an unloaded firearm and the unassembled components of a firearm.

18c5122v

(Dec. 10, 1974, P.L.910, No.300, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60 days)

 

Cross References.  Section 5122 is referred to in section 6105 of this title; section 3513 of Title 61 (Prisons and Parole).

18c5123s

§ 5123.  Contraband.

(a)  Controlled substance contraband to confined persons prohibited.--A person commits a felony of the second degree if he sells, gives, transmits or furnishes to any convict in a prison, or inmate in a mental hospital, or gives away in or brings into any prison, mental hospital, or any building appurtenant thereto, or on the land granted to or owned or leased by the Commonwealth or county for the use and benefit of the prisoners or inmates, or puts in any place where it may be secured by a convict of a prison, inmate of a mental hospital, or employee thereof, any controlled substance included in Schedules I through V of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, (except the ordinary hospital supply of the prison or mental hospital) without a written permit signed by the physician of such institution, specifying the quantity and quality of the substance which may be furnished to any convict, inmate, or employee in the prison or mental hospital, the name of the prisoner, inmate, or employee for whom, and the time when the same may be furnished, which permit shall be delivered to and kept by the warden or superintendent of the prison or mental hospital.

(a.1)  Mandatory minimum penalty.--Any person convicted of a violation of subsection (a) shall be sentenced to a minimum sentence of at least two years of total confinement, notwithstanding any other provision of this title or any other statute to the contrary. Nothing in this subsection shall prevent the sentencing court from imposing a sentence greater than that provided in this subsection, up to the maximum penalty prescribed by this title for a felony of the second degree. There shall be no authority in any court to impose on an offender to which this subsection is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this subsection. If a sentencing court refuses to apply this subsection where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this subsection if it finds that the sentence was imposed in violation of this subsection.

(a.2)  Possession of controlled substance contraband by inmate prohibited.--A prisoner or inmate commits a felony of the second degree if he unlawfully has in his possession or under his control any controlled substance in violation of section 13(a)(16) of The Controlled Substance, Drug, Device and Cosmetic Act. For purposes of this subsection, no amount shall be deemed de minimis.

(b)  Money to inmates prohibited.--A person commits a misdemeanor of the third degree if he gives or furnishes money to any inmate confined in a State or county correctional institution, provided notice of this prohibition is adequately posted at the institution. A person may, however, deposit money with the superintendent, warden, or other authorized individual in charge of a State or county correctional institution for the benefit and use of an inmate confined therein, which shall be credited to the inmate's account and expended in accordance with the rules and regulations of the institution. The person making the deposit shall be provided with a written receipt for the amount deposited.

(c)  Contraband other than controlled substance.--A person commits a misdemeanor of the first degree if he sells, gives or furnishes to any convict in a prison, or inmate in a mental hospital, or gives away in or brings into any prison, mental hospital, or any building appurtenant thereto, or on the land granted to or owned or leased by the Commonwealth or county for the use and benefit of the prisoners or inmates, or puts in any place where it may be secured by a convict of a prison, inmate of a mental hospital, or employee thereof, any kind of spirituous or fermented liquor, medicine or poison (except the ordinary hospital supply of the prison or mental hospital) without a written permit signed by the physician of such institution, specifying the quantity and quality of the substance which may be furnished to any convict, inmate or employee in the prison or mental hospital, the name of the prisoner, inmate or employee for whom, and the time when the same may be furnished, which permit shall be delivered to and kept by the warden or superintendent of the prison or mental hospital.

(c.1)  Telecommunication devices to inmates prohibited.--A person commits a misdemeanor of the first degree if, without the written permission of superintendent, warden or otherwise authorized individual in charge of a correctional institution, prison, jail, detention facility or mental hospital, he sells, gives or furnishes to any inmate in a correctional institution, prison, jail, detention facility or mental hospital, or any building appurtenant thereto, or puts in any place where it may be obtained by an inmate of a correctional institution, prison, jail, detention facility or mental hospital, any telecommunication device.

(c.2)  Possession of telecommunication devices by inmates prohibited.--An inmate in a correctional institution, prison, jail, detention facility or mental hospital, or any building appurtenant thereto, commits a misdemeanor of the first degree if he has in his possession any telecommunication device without the written permission of the superintendent, warden or otherwise authorized individual in charge of a correctional institution, prison, jail, detention facility or mental hospital.

(d)  Drug-sniffing animals.--Any jail or prison may use dogs or other animals trained to sniff controlled substances or other contraband for such purposes in or on any part of the jail or prison at any time.

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

"Inmate."  A male or female offender who is committed to, under sentence to or confined in a penal or correctional institution.

"Telecommunication device."  Any type of instrument, device, machine or equipment which is capable of transmitting telephonic, electronic, digital, cellular or radio communications or any part of such instrument, device, machine or equipment which is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. The term shall include, but not be limited to, cellular phones, digital phones and modem equipment devices.

18c5123v

(June 23, 1978, P.L.498, No.77, eff. 60 days; Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; Dec. 22, 1989, P.L.753, No.105, eff. 60 days; July 6, 1995, 1st Sp.Sess., P.L.1049, No.18, eff. 60 days; June 25, 1997, P.L.284, No.26, eff. 60 days; June 28, 2002, P.L.494, No.84, eff. 60 days)

 

2002 Amendment.  Act 84 added subsecs. (c.1), (c.2) and (e).

1997 Amendment.  Act 26 amended subsec. (a.2).

1995 Amendment.  Act 18, 1st Sp.Sess., added subsecs. (a.1), (a.2) and (d).

1989 Amendment.  Act 105 amended subsec. (a) and added subsec. (c).

Cross References.  Section 5123 is referred to in section 3513 of Title 61 (Prisons and Parole).

18c5124s

§ 5124.  Default in required appearance.

(a)  Offense defined.--A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor of the second degree if, without lawful excuse, he fails to appear at that time and place. The offense constitutes a felony of the third degree where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment.

(b)  Exception.--Subsection (a) of this section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

18c5125s

§ 5125.  Absconding witness.

A person commits a misdemeanor of the third degree if, having been required by virtue of any legal process or otherwise to attend and testify in any prosecution for a crime before any court, judge, justice, or other judicial tribunal, or having been recognized or held to bail to attend as a witness on behalf of the Commonwealth or defendant, before any court having jurisdiction, to testify in any prosecution, he unlawfully and willfully conceals himself or absconds from this Commonwealth, or from the jurisdiction of such court, with intent to defeat the end of public justice, and refuses to appear as required by such legal process or otherwise.

18c5126s

§ 5126.  Flight to avoid apprehension, trial or punishment.

(a)  Offense defined.--A person who willfully conceals himself or moves or travels within or outside this Commonwealth with the intent to avoid apprehension, trial or punishment commits a felony of the third degree when the crime which he has been charged with or has been convicted of is a felony and commits a misdemeanor of the second degree when the crime which he has been charged with or has been convicted of is a misdemeanor.

(b)  Exception.--Subsection (a) shall not apply to a person set at liberty by court order who fails to appear at the time or place specified in the order.

18c5126v

(May 31, 1990, P.L.219, No.47, eff. 60 days)

 

1990 Amendment.  Act 47 added section 5126.

18c5131h

 

 

SUBCHAPTER C

CRIMINAL GANGS

 

Sec.

5131.  Recruiting criminal gang members.

 

Enactment.  Subchapter C was added October 25, 2012, P.L.1628, No.200, effective in 60 days.

18c5131s

§ 5131.  Recruiting criminal gang members.

(a)  Offense defined.--A person commits the offense of recruiting criminal gang members by:

(1)  knowingly soliciting or otherwise causing or attempting to cause a person to participate or remain in a criminal gang;

(2)  knowingly inflicting bodily injury as defined in section 2301 (relating to definitions) or using physical menace, force, threats or other intimidation causing or attempting to cause a person to participate or remain in a criminal gang; or

(3)  knowingly inflicting serious bodily injury as defined in section 2301 on any person causing or attempting to cause a person to participate or remain in a criminal gang.

(b)  Grading.--

(1)  Except as provided under paragraph (2), the following shall apply:

(i)  An offense under subsection (a)(1) is a misdemeanor of the second degree.

(ii)  An offense under subsection (a)(2) is a misdemeanor of the first degree.

(iii)  An offense under subsection (a)(3) is a felony of the third degree.

(2)  A violation of this section shall be graded one degree higher than provided under paragraph (1) if the subject of the recruiting is under 16 years of age.

(c)  Defenses.--It shall not be a defense to this offense that the subject of the recruiting did not join, participate or remain in a criminal gang.

(d)  Liability for other violations of statutes.--This section shall not be construed to limit prosecution under any other provision of law.

(e)  Definition.--As used in this section, the term "criminal gang" means a formal or informal ongoing organization, association or group, with or without an established hierarchy, that has as one of its primary activities the commission of criminal or delinquent acts and that consists of three or more persons.

18c5131v

 

Cross References.  Section 5131 is referred to in section 9720.4 of Title 42 (Judiciary and Judicial Procedure).