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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FRANKEL, BEAR, BELFANTI, BOYD, BRENNAN, BUXTON, CALTAGIRONE, CASORIO, CONKLIN, D. COSTA, DALEY, DeLUCA, FABRIZIO, FREEMAN, GEIST, GIBBONS, GROVE, HORNAMAN, JOSEPHS, KORTZ, KULA, LONGIETTI, MAHONEY, MANN, MARSHALL, McILVAINE SMITH, MELIO, MILNE, MOUL, MURT, O'NEILL, PALLONE, PASHINSKI, PAYNE, READSHAW, ROCK, SCAVELLO, SIPTROTH, K. SMITH, SWANGER, VULAKOVICH, WALKO, YOUNGBLOOD AND BROWN, FEBRUARY 18, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 18, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, providing for home invasion. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Title 18 of the Pennsylvania Consolidated |
6 | Statutes is amended by adding a section to read: |
7 | § 2718. Home invasion. |
8 | (a) Elements.--An individual commits the offense of home |
9 | invasion if all of the following apply: |
10 | (1) The individual enters the dwelling place of another |
11 | with the intent to commit an offense in the dwelling place. |
12 | (2) The dwelling place is occupied. |
13 | (3) The individual, with knowledge or reason to know |
14 | that the dwelling place is occupied, remains in the dwelling |
15 | place. |
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1 | (b) Defense.--It is a defense to prosecution for home |
2 | invasion if the actor, upon realizing that the dwelling place is |
3 | occupied, does one of the following: |
4 | (1) Immediately leaves the dwelling place. |
5 | (2) Immediately surrenders to an individual occupying |
6 | the dwelling place. |
7 | (c) Grading.--Home invasion is a felony of the first degree. |
8 | (d) Definitions.--As used in this section, the following |
9 | words and phrases shall have the meanings given to them in this |
10 | subsection: |
11 | "Deadly weapon." A: |
12 | (1) firearm, whether loaded or unloaded; |
13 | (2) device designed as a weapon and capable of producing |
14 | death or serious bodily injury; or |
15 | (3) device or instrumentality which, in the manner in |
16 | which it is used or intended to be used, is calculated or |
17 | likely to produce death or serious bodily injury. |
18 | "Dwelling place." A building or structure, whether movable |
19 | or permanent, which is a place of lodging for an individual. |
20 | "Occupy." To be lawfully present within. |
21 | "Serious bodily injury." Bodily injury which: |
22 | (1) creates a substantial risk of death; or |
23 | (2) causes serious, permanent disfigurement or |
24 | protracted loss or impairment of the function of a bodily |
25 | member or organ. |
26 | Section 2. This act shall take effect in 60 days. |
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