PRINTER'S NO. 1095
No. 954 Session of 2001
INTRODUCED BY DeLUCA, CALTAGIRONE, CAPPABIANCA, GEORGE,
GODSHALL, HARHAI, HERSHEY, HESS, MYERS, PETRARCA, SAYLOR,
SEMMEL, STEELMAN, STERN, THOMAS, WATSON, C. WILLIAMS,
J. WILLIAMS AND WILT, MARCH 14, 2001
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 14, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, increasing the penalties for
3 agricultural trespassers.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3503(b.2) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3503. Criminal trespass.
9 * * *
10 (b.2) Agricultural trespasser.--
11 (1) A person commits an offense if knowing that he is
12 not licensed or privileged to do so he:
13 (i) enters or remains on any agricultural or other
14 open lands when such lands are posted in a manner
15 prescribed by law or reasonably likely to come to the
16 person's attention or are fenced or enclosed in a manner
17 manifestly designed to exclude trespassers or to confine
1 domestic animals; or
2 (ii) enters or remains on any agricultural or other
3 open lands and defies an order not to enter or to leave
4 that has been personally communicated to him by the owner
5 of the lands or other authorized person.
6 (2) An offense under this subsection shall be graded as
7 follows:
8 (i) An offense under paragraph (1)(i) constitutes a
9 misdemeanor of the third degree and is punishable by
10 imprisonment for a term of not more than one year and a
11 fine of not less than [$250] $500.
12 (ii) An offense under paragraph (1)(ii) constitutes
13 a misdemeanor of the second degree and is punishable by
14 imprisonment for a term of not more than two years and a
15 fine of not less than [$500] $1,000 nor more than $5,000.
16 (3) For the purposes of this subsection, the phrase
17 "agricultural or other open lands" shall mean any land on
18 which agricultural activity or farming as defined in section
19 3309 (relating to agricultural vandalism) is conducted or any
20 land populated by forest trees of any size and capable of
21 producing timber or other wood products or any other land in
22 an agricultural security area as defined in the act of June
23 30, 1981 (P.L.128, No.43), known as the Agricultural Area
24 Security Law, or any area zoned for agricultural use.
25 * * *
26 Section 2. This act shall apply to all offenses committed
27 after the effective date of this act.
28 Section 3. This act shall take effect in 60 days.
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