PRINTER'S NO. 1181
No. 1025 Session of 2005
INTRODUCED BY MAITLAND, CRAHALLA, M. KELLER, MILLARD, SCAVELLO,
E. Z. TAYLOR AND WALKO, MARCH 21, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining, in theft and related
3 offenses, "firearm" and "organized theft"; and further
4 providing for grading of theft offenses and for the offenses
5 of theft by deception, theft by extortion, theft of services,
6 retail theft and library theft.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 3901 of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding definitions to read:
11 § 3901. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this chapter which are applicable to specific
14 provisions of this chapter, the following words and phrases when
15 used in this chapter shall have, unless the context clearly
16 indicates otherwise, the meanings given to them in this section:
17 * * *
18 "Firearm." Any weapon that is designed to or may readily be
19 converted to expel any projectile by the action of an explosive
1 or the frame or receiver of any such weapon.
2 * * *
3 "Organized theft." An offense defined under this chapter
4 committed pursuant to one scheme or course of conduct where the
5 aggregate value of the property involved is $150 or more and the
6 property was stolen from at least three persons.
7 * * *
8 Section 2. Section 3903 of Title 18, amended November 23,
9 2004 (P.L.953, No.143), is amended to read:
10 § 3903. Grading of theft offenses.
11 [(a) Felony of the second degree.--Theft constitutes a
12 felony of the second degree if:
13 (1) The offense is committed during a manmade disaster,
14 a natural disaster or a war-caused disaster and constitutes a
15 violation of section 3921 (relating to theft by unlawful
16 taking or disposition), 3925 (relating to receiving stolen
17 property), 3928 (relating to unauthorized use of automobiles
18 and other vehicles) or 3929 (relating to retail theft).
19 (2) The property stolen is a firearm.
20 (3) In the case of theft by receiving stolen property,
21 the property received, retained or disposed of is a firearm
22 and the receiver is in the business of buying or selling
23 stolen property.
24 (4) The property stolen is any amount of anhydrous
25 ammonia.
26 (a.1) Felony of the third degree.--Except as provided in
27 subsection (a), theft constitutes a felony of the third degree
28 if the amount involved exceeds $2,000, or if the property stolen
29 is an automobile, airplane, motorcycle, motorboat or other
30 motor-propelled vehicle, or in the case of theft by receiving
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1 stolen property, if the receiver is in the business of buying or
2 selling stolen property.]
3 (a.2) Felony of the first degree.--Theft constitutes a
4 felony of the first degree if the amount involved is $500,000 or
5 more.
6 (a.3) Felony of the second degree.--Except as provided in
7 subsection (a.2), theft constitutes a felony of the second
8 degree if:
9 (1) The offense is committed during a manmade disaster,
10 a natural disaster or a war-caused disaster and constitutes a
11 violation of section 3921 (relating to theft by unlawful
12 taking or disposition), 3925 (relating to receiving stolen
13 property), 3928 (relating to unauthorized use of automobiles
14 and other vehicles) or 3929 (relating to retail theft).
15 (2) The property stolen is a firearm.
16 (3) In the case of theft by receiving stolen property,
17 the property received, retained or disposed of is a firearm
18 and the receiver is in the business of buying or selling
19 stolen property.
20 (4) The property stolen is any amount of anhydrous
21 ammonia.
22 (5) The amount involved is $100,000 or more but less
23 than $500,000.
24 (a.4) Felony of the third degree.--Except as provided in
25 subsections (a.2) and (a.3), theft constitutes a felony of the
26 third degree if:
27 (1) the amount involved is $500 or more but less than
28 $100,000;
29 (2) the offense is a third or subsequent offense under
30 this chapter;
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1 (3) the offense is organized theft;
2 (4) the property stolen is an automobile, airplane,
3 motorcycle, motorboat or other motor-propelled vehicle; or
4 (5) in the case of theft by receiving stolen property,
5 if the receiver is in the business of buying or selling
6 stolen property or the property received, retained or
7 disposed of is a firearm.
8 (b) Other grades.--Theft not within subsection [(a) or (a.1)
9 of this section,] (a.2), (a.3) or (a.4) constitutes a
10 [misdemeanor of the first degree, except that if the property
11 was not taken from the person or by threat, or in breach of
12 fiduciary obligation, and:
13 (1) the amount involved was $50 or more but less than
14 $200 the offense constitutes a misdemeanor of the second
15 degree; or
16 (2) the amount involved was less than $50 the offense
17 constitutes a misdemeanor of the third degree.]:
18 (1) Summary offense if the offense is a first offense
19 and the value of the property is less than $150.
20 (2) Misdemeanor of the second degree if the offense is a
21 second offense and the value of the property is less than
22 $150.
23 (3) Misdemeanor of the first degree if the offense is a
24 first or second offense and the value of the property is $150
25 or more.
26 (c) Valuation.--The amount involved in a theft shall be
27 ascertained as follows:
28 (1) Except as otherwise specified in this section, value
29 means the market value of the property at the time and place
30 of the crime, or if such cannot be satisfactorily
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1 ascertained, the cost of replacement of the property within a
2 reasonable time after the crime.
3 (2) Whether or not they have been issued or delivered,
4 certain written instruments, not including those having a
5 readily ascertainable market value such as some public and
6 corporate bonds and securities, shall be evaluated as
7 follows:
8 (i) The value of an instrument constituting an
9 evidence of debt, such as a check, draft or promissory
10 note, shall be deemed the amount due or collectible
11 thereon or thereby, such figure ordinarily being the face
12 amount of the indebtedness less any portion thereof which
13 has been satisfied.
14 (ii) The value of any other instrument which
15 creates, releases, discharges or otherwise affects any
16 valuable legal right, privilege or obligation shall be
17 deemed the greatest amount of economic loss which the
18 owner of the instrument might reasonably suffer by virtue
19 of the loss of the instrument.
20 (3) When the value of property cannot be satisfactorily
21 ascertained pursuant to the standards set forth in paragraphs
22 (1) and (2) of this subsection its value shall be deemed to
23 be an amount less than $50. Amounts involved in thefts
24 committed pursuant to one scheme or course of conduct,
25 whether from the same person or several persons, may be
26 aggregated in determining the grade of the offense.
27 (c.1) Sentencing enhancement for theft of public funds or
28 theft in breach of a fiduciary duty.--Notwithstanding section
29 1103 (relating to sentence of imprisonment for felony), the
30 maximum term of imprisonment for an offense graded a felony
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1 under this section may be increased by a term of imprisonment
2 not to exceed five years when the theft is from a political
3 subdivision, local authority or a public or private charitable
4 organization or when the theft constitutes a breach of fiduciary
5 duty.
6 (c.2) Fingerprinting.--
7 (1) Prior to the commencement of trial or entry of plea
8 of a defendant 16 years of age or older accused of a summary
9 offense under this chapter, the issuing authority shall order
10 the defendant to submit within five days of such order for
11 fingerprinting by the municipal police of the jurisdiction in
12 which the offense allegedly was committed or the Pennsylvania
13 State Police.
14 (2) Fingerprints obtained under paragraph (1) by
15 municipal police shall be forwarded immediately to the
16 Pennsylvania State Police for determination as to whether or
17 not the defendant previously has been convicted of an offense
18 under this chapter. The results of such determination shall
19 be forwarded to the police department obtaining the
20 fingerprints if such department is the prosecutor, or to the
21 issuing authority if the prosecutor is other than a police
22 officer.
23 (3) The issuing authority shall not proceed with the
24 trial or plea in summary cases until in receipt of the
25 determination made by the Pennsylvania State Police.
26 (4) The magisterial district judges shall use the
27 information obtained solely for the purpose of grading the
28 offense pursuant to this chapter.
29 (d) Definitions.--As used in this section, the following
30 words and phrases shall have the meanings given to them in this
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1 subsection:
2 "Charitable organization." As defined under section 3 of the
3 act of December 19, 1990 (P.L.1200, No.202), known as the
4 Solicitation of Funds for Charitable Purposes Act.
5 "Manmade disaster." Any industrial, nuclear or
6 transportation accident, explosion, conflagration, power
7 failure, natural resource shortage or other condition, except
8 enemy action, resulting from manmade causes, such as oil spills
9 and other injurious environmental contamination, which threatens
10 or causes substantial damage to property, human suffering,
11 hardship or loss of life.
12 "Natural disaster." Any hurricane, tornado, storm, flood,
13 high water, wind-driven water, tidal wave, earthquake,
14 landslide, mudslide, snowstorm, drought, fire, explosion or
15 other catastrophe which results in substantial damage to
16 property, hardship, suffering or possible loss of life.
17 "War-caused disaster." Any condition following an attack
18 upon the United States resulting in substantial damage to
19 property or injury to persons in the United States caused by use
20 of bombs, missiles, shellfire, nuclear, radiological, chemical
21 or biological means, or other weapons or overt paramilitary
22 actions, or other conditions such as sabotage.
23 Section 3. Sections 3922(a), 3923(a)(7) and 3926(c) of Title
24 18 are amended to read:
25 § 3922. Theft by deception.
26 (a) Offense defined.--A person is guilty of theft if he
27 intentionally obtains or withholds property of another by
28 deception. A person deceives if he intentionally:
29 (1) creates or reinforces a false impression, including
30 false impressions as to law, value, intention or other state
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1 of mind; but deception as to a person's intention to perform
2 a promise shall not be inferred from the fact alone that he
3 did not subsequently perform the promise;
4 (2) prevents another from acquiring information which
5 would affect his judgment of a transaction; [or]
6 (3) fails to correct a false impression which the
7 deceiver previously created or reinforced, or which the
8 deceiver knows to be influencing another to whom he stands in
9 a fiduciary or confidential relationship[.]; or
10 (4) fails to disclose a known lien, adverse claim or
11 other legal impediment to the enjoyment of property which he
12 transfers or encumbers in consideration for the property
13 obtained, whether such impediment is or is not valid, or is
14 or is not a matter of official record.
15 * * *
16 § 3923. Theft by extortion.
17 (a) Offense defined.--A person is guilty of theft if he
18 intentionally obtains or withholds property of another by
19 threatening to:
20 * * *
21 (7) inflict any other harm which would not benefit the
22 actor, including, but not limited to, bodily injury.
23 * * *
24 § 3926. Theft of services.
25 * * *
26 (c) [Grading.--
27 (1) An offense under this section constitutes a summary
28 offense when the value of the services obtained or diverted
29 is less than $50.
30 (2) When the value of the services obtained or diverted
20050H1025B1181 - 8 -
1 is $50 or more, the grading of the offense shall be as
2 established in section 3903 (relating to grading of theft
3 offenses).
4 (3)] Aggregation.--Amounts involved in theft of services
5 committed pursuant to one scheme or course of conduct,
6 whether from the same person or several persons, may be
7 aggregated in determining the grade of the offense under
8 section 3903 (relating to grading of theft offenses).
9 * * *
10 Section 4. Sections 3929(b) and (g) and 3929.1(b), (g) and
11 (h) of Title 18, amended November 30, 2004 (P.L.618, No.207),
12 are amended and the sections are amended by adding subsections
13 to read:
14 § 3929. Retail theft.
15 * * *
16 [(b) Grading.--
17 (1) Retail theft constitutes a:
18 (i) Summary offense when the offense is a first
19 offense and the value of the merchandise is less than
20 $150.
21 (ii) Misdemeanor of the second degree when the
22 offense is a second offense and the value of the
23 merchandise is less than $150.
24 (iii) Misdemeanor of the first degree when the
25 offense is a first or second offense and the value of the
26 merchandise is $150 or more.
27 (iv) Felony of the third degree when the offense is
28 a third or subsequent offense, regardless of the value of
29 the merchandise.
30 (v) Felony of the third degree when the amount
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1 involved exceeds $2,000 or if the merchandise involved is
2 a firearm or a motor vehicle.
3 (1.1) Any person who is convicted under subsection (a)
4 of retail theft of motor fuel may, in addition to any other
5 penalty imposed, be sentenced as follows:
6 (i) For a first offense, to pay a fine of not less
7 than $100 nor more than $250.
8 (ii) For a second offense, to pay a fine of not
9 less than $250 nor more than $500.
10 (iii) For a third or subsequent offense, to pay a
11 fine of not less than $500, or the court may order the
12 operating privilege of the person suspended for 30 days.
13 A copy of the order shall be transmitted to the
14 Department of Transportation.
15 (2) Amounts involved in retail thefts committed pursuant
16 to one scheme or course of conduct, whether from the same
17 store or retail mercantile establishment or several stores or
18 retail mercantile establishments, may be aggregated in
19 determining the grade of the offense.]
20 (b.1) Additional penalties for theft of motor fuel.--Any
21 person who is convicted under subsection (a) of retail theft of
22 motor fuel may, in addition to any other penalty imposed, be
23 sentenced as follows:
24 (1) For a first offense, to pay a fine of not less than
25 $100 nor more than $250.
26 (2) For a second offense, to pay a fine of not less than
27 $250 nor more than $500.
28 (3) For a third or subsequent offense, to pay a fine of
29 not less than $500, or the court may order the operating
30 privilege of the person suspended for 30 days. A copy of the
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1 order shall be transmitted to the Department of
2 Transportation.
3 (b.2) Aggregation.--Amounts involved in retail thefts
4 committed pursuant to one scheme or course of conduct, whether
5 from the same store or retail mercantile establishment or
6 several stores or retail mercantile establishments, may be
7 aggregated in determining the grade of the offense under section
8 3903 (relating to grading of theft offenses).
9 * * *
10 [(g) Fingerprinting.--Prior to the commencement of trial or
11 entry of plea of a defendant 16 years of age or older accused of
12 the summary offense of retail theft, the issuing authority shall
13 order the defendant to submit within five days of such order for
14 fingerprinting by the municipal police of the jurisdiction in
15 which the offense allegedly was committed or the State Police.
16 Fingerprints so obtained shall be forwarded immediately to the
17 Pennsylvania State Police for determination as to whether or not
18 the defendant previously has been convicted of the offense of
19 retail theft. The results of such determination shall be
20 forwarded to the Police Department obtaining the fingerprints if
21 such department is the prosecutor, or to the issuing authority
22 if the prosecutor is other than a police officer. The issuing
23 authority shall not proceed with the trial or plea in summary
24 cases until in receipt of the determination made by the State
25 Police. The magisterial district judge shall use the information
26 obtained solely for the purpose of grading the offense pursuant
27 to subsection (b).]
28 § 3929.1. Library theft.
29 * * *
30 [(b) Grading.--
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1 (1) Library theft constitutes a:
2 (i) Summary offense when the offense is a first
3 offense and the value of the material is less than $150.
4 (ii) Misdemeanor of the second degree when the
5 offense is a second offense and the value of the material
6 is less than $150.
7 (iii) Misdemeanor of the first degree when the
8 offense is a first or second offense and the value of the
9 material is $150 or more.
10 (iv) Felony of the third degree when the offense is
11 a third or subsequent offense, regardless of the value of
12 the material.
13 (2) Amounts involved in library thefts committed
14 pursuant to one scheme or course of conduct, whether from the
15 same library or several libraries, may be aggregated in
16 determining the grade of the offense.]
17 (b.1) Aggregation.--Amounts involved in library thefts
18 committed pursuant to one scheme or course of conduct, whether
19 from the same library or several libraries, may be aggregated in
20 determining the grade of the offense under section 3903
21 (relating to grading of theft offenses).
22 * * *
23 [(g) Prior offenses.--Prior to the commencement of trial or
24 entry of plea of a defendant 16 years of age or older accused of
25 the summary offense of library theft, the issuing authority
26 shall notify the Pennsylvania State Police for determination as
27 to whether or not the defendant previously has been convicted of
28 the offense of library theft. The results of such determination
29 shall be forwarded to the police department if the department is
30 the prosecutor, or to the issuing authority if the prosecutor is
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1 other than a police officer. The issuing authority shall not
2 proceed with the trial or plea in summary cases until in receipt
3 of the determination made by the State Police. The magisterial
4 district judge shall use the information obtained solely for the
5 purpose of grading the offense pursuant to subsection (b).
6 (h) Fingerprinting.--Upon conviction the issuing authority
7 shall order the defendant to submit within five days of such
8 order for fingerprinting by the municipal police of the
9 jurisdiction in which the offense allegedly was committed or the
10 State Police.]
11 * * *
12 Section 5. Section 3934(b) of Title 18 is repealed.
13 Section 6. This act shall take effect in 60 days.
C7L18DMS/20050H1025B1181 - 13 -