PRINTER'S NO. 2764
No. 2063 Session of 2003
INTRODUCED BY REICHLEY, PAYNE, PETRI, LEACH, CORRIGAN, ALLEN,
BALDWIN, BUNT, CAUSER, CRAHALLA, CRUZ, DALLY, DENLINGER,
GINGRICH, GOODMAN, HARHART, MARSICO, O'NEILL, PISTELLA, REED,
E. Z. TAYLOR, TURZAI, WILT, YOUNGBLOOD, GILLESPIE AND BROWNE,
OCTOBER 14, 2003
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 14, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sale or illegal
3 use of certain solvents and noxious substances.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7303 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 7303. Sale or illegal use of certain solvents and noxious
9 substances.
10 (a) Offense defined.--No person shall, for the purpose of
11 causing a condition of intoxication, inebriation, excitement,
12 stupefaction, or the dulling of his brain or nervous system,
13 intentionally smell or inhale the fumes from any noxious
14 substance or substance containing a solvent having the property
15 of releasing toxic vapors or fumes.
16 (b) Exception.--Subsection (a) of this section shall not
17 apply to the inhalation of any anesthesia for medical or dental
1 purposes.
2 (c) Possession prohibited.--No person shall, for the purpose
3 of violating subsection (a) of this section, use, or possess for
4 the purpose of so using, any noxious substance or substance
5 containing a solvent having the property of releasing toxic
6 vapors or fumes.
7 (d) Sale prohibited.--No person shall sell at retail, or
8 offer to sell, to any other person any tube or other container
9 of any noxious substance or substance containing a solvent
10 having the property of releasing toxic vapors or fumes, if he
11 has reasonable cause to suspect that the product sold, or
12 offered for sale, will be used for the purpose set forth in
13 subsection (a) [of this section].
14 (d.1) Sale prohibited to minors.--No person shall sell at
15 retail, or offer to sell, to any minor any tube or other
16 container of any noxious substance or substance containing a
17 solvent having the property of releasing toxic vapors or fumes,
18 if he has reasonable cause to suspect that the product sold, or
19 offered for sale, will be used by a minor for the purpose set
20 forth in subsection (a).
21 (e) Grading.--Any person who violates subsection (d.1)
22 commits a misdemeanor of the second degree. Any person who
23 violates any other provision of this section [is guilty of]
24 commits a misdemeanor of the third degree.
25 (f) Definition.--As used in this section, the phrase "any
26 noxious substance or substance containing a solvent having the
27 property of releasing toxic vapors or fumes" shall mean any
28 substance containing one or more of the following chemical
29 compounds: acetone, acetate, benzene, butyl alcohol, cyclohexyl
30 nitrite, ethyl alcohol, ethylene dichloride, gaseous or liquid
20030H2063B2764 - 2 -
1 fluorocarbons, isopropyl alcohol, methyl alcohol, methyl ethyl
2 ketone, nitrous oxide, pentachlorophenol, petroleum ether, or
3 toluene.
4 Section 2. This act shall take effect in 60 days.
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