THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SAINATO, PRESTON, REICHLEY, BOBACK, BRENNAN, CLYMER, D. COSTA, DALEY, DeLUCA, DENLINGER, FLECK, GIBBONS, GOODMAN, GRELL, HALUSKA, HARHART, HENNESSEY, HORNAMAN, JOSEPHS, KORTZ, KULA, LONGIETTI, MANN, MARSHALL, MILLARD, MILLER, MURT, M. O'BRIEN, O'NEILL, PASHINSKI, PETRARCA, READSHAW, SCAVELLO, K. SMITH AND TALLMAN, FEBRUARY 28, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 28, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for grading of theft

offenses and for theft of services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3903 and 3926 of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3903.  Grading of theft offenses.

(a)  Felony of the second degree.--Theft constitutes a felony

of the second degree if:

(1)  The offense is committed during a manmade disaster,

a natural disaster or a war-caused disaster and constitutes a

violation of section 3921 (relating to theft by unlawful

taking or disposition), 3925 (relating to receiving stolen

property), 3928 (relating to unauthorized use of automobiles

and other vehicles) or 3929 (relating to retail theft).

(2)  The property stolen is a firearm.

(3)  In the case of theft by receiving stolen property,

the property received, retained or disposed of is a firearm

and the receiver is in the business of buying or selling

stolen property.

(4)  The property stolen is any amount of anhydrous

ammonia.

(5)  The property stolen is the property of certain

service providers involving an amount of $50 or more and is

being used at the time of the offense to provide service as

provided in section 3926(d) (relating to theft of services).

(a.1)  Felony of the third degree.--Except as provided in

subsection (a) and in section 3926(d), theft constitutes a

felony of the third degree if the amount involved exceeds

$2,000, or if the property of certain service providers having a

value of $250 or more is stolen while it is not being used to

provide service as set forth in section 3926(d), or if the

property stolen is an automobile, airplane, motorcycle,

motorboat or other motor-propelled vehicle, or in the case of

theft by receiving stolen property, if the receiver is in the

business of buying or selling stolen property.

(b)  Other grades.--Theft not within subsection (a) or (a.1)

of this section, and theft of services involving an amount of

$250 or more as provided in section 3926(d), constitutes a

misdemeanor of the first degree, except that other than in theft

of such services, if the property was not taken from the person

or by threat, or in breach of fiduciary obligation, and:

(1)  the amount involved was $50 or more but less than

$200 the offense constitutes a misdemeanor of the second

degree; or

(2)  the amount involved was less than $50 the offense

constitutes a misdemeanor of the third degree.

(c)  Valuation.--The amount involved in a theft shall be

ascertained as follows:

(1)  Except as otherwise specified in this section, value

means the market value of the property at the time and place

of the crime, or if such cannot be satisfactorily

ascertained, the cost of replacement of the property within a

reasonable time after the crime.

(2)  Whether or not they have been issued or delivered,

certain written instruments, not including those having a

readily ascertainable market value such as some public and

corporate bonds and securities, shall be evaluated as

follows:

(i)  The value of an instrument constituting an

evidence of debt, such as a check, draft or promissory

note, shall be deemed the amount due or collectible

thereon or thereby, such figure ordinarily being the face

amount of the indebtedness less any portion thereof which

has been satisfied.

(ii)  The value of any other instrument which

creates, releases, discharges or otherwise affects any

valuable legal right, privilege or obligation shall be

deemed the greatest amount of economic loss which the

owner of the instrument might reasonably suffer by virtue

of the loss of the instrument.

(3)  When the value of property cannot be satisfactorily

ascertained pursuant to the standards set forth in paragraphs

(1) and (2) of this subsection its value shall be deemed to

be an amount less than $50. Amounts involved in thefts

committed pursuant to one scheme or course of conduct,

whether from the same person or several persons, may be

aggregated in determining the grade of the offense.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Manmade disaster."  Any industrial, nuclear or

transportation accident, explosion, conflagration, power

failure, natural resource shortage or other condition, except

enemy action, resulting from manmade causes, such as oil spills

and other injurious environmental contamination, which threatens

or causes substantial damage to property, human suffering,

hardship or loss of life.

"Natural disaster."  Any hurricane, tornado, storm, flood,

high water, wind-driven water, tidal wave, earthquake,

landslide, mudslide, snowstorm, drought, fire, explosion or

other catastrophe which results in substantial damage to

property, hardship, suffering or possible loss of life.

"War-caused disaster."  Any condition following an attack

upon the United States resulting in substantial damage to

property or injury to persons in the United States caused by use

of bombs, missiles, shellfire, nuclear, radiological, chemical

or biological means, or other weapons or overt paramilitary

actions, or other conditions such as sabotage.

§ 3926.  Theft of services and certain service provider

property.

(a)  Acquisition of services.--

(1)  A person is guilty of theft if he intentionally

obtains services for himself or for another which he knows

are available only for compensation, by deception or threat,

by altering or tampering with the public utility meter or

measuring device by which such services are delivered or by

causing or permitting such altering or tampering, by making

or maintaining any unauthorized connection, whether

physically, electrically [or], inductively or otherwise, to a

distribution or transmission line, by attaching or

maintaining the attachment of any unauthorized object or 

device to any cable, wire or other component of an electric,

[telephone] natural gas, heating oil, kerosene, propane,

telecommunications or cable television system or to a

television receiving set connected to a cable television

system, by making or maintaining any unauthorized

modification or alteration to any device installed by a cable

television system, or by false token or other trick or

artifice to avoid payment for the service.

(1.1)  A person is guilty of theft if he intentionally

obtains or attempts to obtain telecommunication service by

the use of an unlawful telecommunication device or without

the consent of the telecommunication service provider.

(1.2)  A person is guilty of theft if he intentionally

obtains or attempts to obtain natural gas or electric service

by the use of a means to divert electricity or natural gas

away from measurement by a natural gas or electric meter or

without the consent of the natural gas, propane or electric

service provider.

(3)  A person is not guilty of theft of cable television

service under this section who subscribes to and receives

service through an authorized connection of a television

receiving set at his dwelling and, within his dwelling, makes

an unauthorized connection of an additional television

receiving set or sets or audio system which receives only

basic cable television service obtained through such

authorized connection.

(4)  Where compensation for service is ordinarily paid

immediately upon the rendering of such service, as in the

case of hotels and restaurants, refusal to pay or absconding

without payment or offer to pay gives rise to a presumption

that the service was obtained by deception as to intention to

pay.

(b)  Diversion of services.--A person is guilty of theft if,

having control over the disposition of services of others to

which he is not entitled, he knowingly diverts such services to

his own benefit or to the benefit of another not entitled

thereto.

(b.1)  Acquisition of property of certain service

providers.--A person is guilty of theft if he unlawfully takes,

or exercises unlawful control over, property of an electric,

natural gas, heating oil, kerosene, propane, telecommunications

or cable television provider, with intent to deprive the owner

thereof.

(c)  Grading.--

(1)  An acquisition or diversion of services offense

under this section constitutes a summary offense when the

value of the services obtained or diverted is less than [$50]

$250.

(2)  When the value of the services obtained or diverted

is [$50] $250 or more but less than $1,000, the grading of

the offense shall be [as established in section 3903

(relating to grading of theft offenses)] a misdemeanor of the

third degree with a minimum fine of $2,500.

(2.1)  When the value of the services obtained or

diverted is $1,000 or more but less than $5,000, the grading

of the offense shall be a misdemeanor of the second degree

with a minimum fine of $5,000.

(2.2)  When the value of the services obtained or

diverted is $5,000 or more, the grading of the offense shall

be a misdemeanor of the first degree with a minimum fine of

$10,000.

(2.3)  When the value of electric, natural gas, propane,

telecommunications or cable television service provider

property unlawfully taken or controlled is less than $250,

the offense constitutes a summary offense.

(2.4)  When the value of electric, natural gas, propane,

telecommunications or cable television service provider

property unlawfully taken or controlled is $250 or more, and

the offense occurred while the property was being used to

provide service, the offense constitutes a misdemeanor of the

second degree.

(2.5)  When the value of electric, natural gas, propane,

telecommunications or cable television service provider

property unlawfully taken or controlled is $250 or more, and

the offense did not occur while the property was being used

to provide service, the offense constitutes a misdemeanor of

the third degree.

(3)  Amounts involved in theft of services or property

committed pursuant to one scheme or course of conduct,

whether from the same person or several persons, may be

aggregated in determining the grade of the offense.

(d)  Inferences.--

(1)  Any person having possession of or access to the

location of a public utility meter or service measuring

device which has been avoided or tampered with so as to

inhibit or prevent the accurate measurement of utility

service and who enjoys the use of or receives the benefit

from the public utility service intended to be metered or

measured by the public utility meter or measuring device so

avoided or tampered with may be reasonably inferred to have

acted to avoid or tamper with the public utility meter or

measuring device with the intent to obtain the public utility

service without making full compensation therefor.

(2)  Any person having possession of or access to the

location of the distribution or transmission lines or other

facilities of a cable television system which have been

tapped, altered or tampered with or to which any unauthorized

connection has been made or to which any unauthorized object

or device has been attached or any person having possession

of or access to any device installed by a cable television

system to which an unauthorized modification or alteration

has been made, the result of which tapping, altering,

tampering, connection, attachment or modification is to avoid

payment for all or any part of the cable television service

for which payment is normally required, and who enjoys the

use of or receives the benefit from the cable television

service, may be reasonably inferred to have acted to have

tapped, altered, tampered with, connected or attached to or

modified cable television facilities with the intent to

obtain cable television service without making full

compensation therefor. This inference shall not apply to the

act of a subscriber to cable television service, who receives

service through an authorized connection of a television

receiving set at his dwelling, in making, within his

dwelling, an unauthorized connection of an additional

television receiving set or sets or audio system which

receives only basic cable television service obtained through

such authorized connection.

(e)  Sale or transfer of device or plan intended for

acquisition or diversion.--A person is guilty of a misdemeanor

of the [third] first degree if he sells, gives or otherwise

transfers to others or offers, advertises or exposes for sale to

others, any device, kit, plan or other instructional procedure

for the making of such device or a printed circuit, under

circumstances indicating his having knowledge or reason to

believe that such device, kit, plan or instructional procedure

is intended for use by such others for the acquisition or

diversion of services as set forth in subsections (a) and (b). A

person is presumed to have the intent to defraud the energy or

telecommunications provider if the person creates, transfers and

includes or sells the device, kit, plan or instructional

procedure for the making of such device or printed circuit as

well as purchasing or installing such device. The minimum fine

for this act shall be $5,000.

(f)  Restitution.--The court may, in addition to any other

sentence authorized by law, sentence a person convicted of

violating this section to make restitution under section 1106

(relating to restitution for injuries to person or property) or

42 Pa.C.S. § 9721(c) (relating to sentencing generally). The

court shall sentence all consumers convicted of violating this

section to compensate the vendor of service for the full value

of the theft, the investigative costs incurred by the vendor,

the costs of full and safe restoration of service at the

location of the theft and interest charges for the value of

services taken during the period of theft within a 60-day period

following the imposition of sentence. In addition to any

restitution, the court shall impose a fine on the person

convicted of violating this section in the amount of not less

than $1,000. When emergency personnel are called to the scene of

theft of service, the responding volunteer fire department is

entitled to receive as restitution the full cost of their

response from the person convicted of violating this section.

(g)  Civil action.--A [telecommunication] telecommunications 

service provider, an electric service provider, a natural gas

service provider, propane service provider or heating oil

service provider or a kerosene service provider or a cable

television service provider aggrieved by a violation of this

section may in a civil action in any court of competent

jurisdiction obtain appropriate relief, including preliminary

and other equitable or declaratory relief, compensatory and

punitive damages, reasonable investigation expenses, costs of

suit and attorney fees.

(g.1)  Statement of purpose.--The General Assembly believes

that it is important to protect the innocent citizens of this

Commonwealth from the personal and public dangers caused by the

theft of energy, telecommunications and cable television

services or property used to provide these services. Theft of

these services and property is a public safety issue that cuts

across classes, individuals and businesses. Safety hazards

include public exposure to serious injury or death and

destruction of public or personal property, which affects

individuals, neighborhoods, homes, apartments and other

facilities. The General Assembly seeks to provide additional

tools that support legal and punitive measures to combat the

dangerous aspects of this crime. Furthermore, the General

Assembly recognizes another effect of theft of the foregoing

service providers' services and property: the adverse impact on

service provider rates and the increased cost unfairly placed on

paying customers.

(h)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Cable television provider."  A person or entity providing

for compensation, cable television service.

"Electric service provider."  A person or entity providing,

for compensation, electric distribution, transmission or

generation service.

"Heating oil service provider."  A person or entity

providing, for compensation, heating oil or heating oil supply

service.

"Kerosene service provider."  A person or entity providing,

for compensation, kerosene or kerosene service.

"Natural gas service provider."  A person or entity

providing, for compensation, natural gas distribution or supply

service.

"Propane service provider."  A person or entity providing,

for compensation, propane or propane distribution service.

"Service."  Includes, but is not limited to, labor,

professional service, transportation service, the supplying of

hotel accommodations, restaurant services, entertainment, cable

television service, the supplying of equipment for use and the

supplying of commodities of a public utility nature such as gas,

electricity, steam and water, and [telephone or

telecommunication] telecommunications service. The term

"unauthorized" means that payment of full compensation for

service has been avoided, or has been sought to be avoided,

without the consent of the supplier of the service.

["Telecommunication service provider."  A person or entity

providing telecommunication service, including, but not limited

to, a cellular, paging or other wireless communications company

or other person or entity which, for a fee, supplies the

facility, cell site, mobile telephone switching office or other

equipment or telecommunication service.]

"Telecommunications service."  Includes, but is not limited

to, any service provided for a charge or compensation to

facilitate the origination, transmission, emission or reception

of signs, signals, data, writings, images and sounds or

intelligence of any nature by telephone, including cellular

telephones, wire, radio, electromagnetic, photoelectronic or

photo-optical system.

"Telecommunications service provider."  A person or entity

providing telecommunications service, including, but not limited

to, a cellular, paging or other wireless communications company

or other person or entity which, for a fee, supplies the

facility, cell site, mobile telephone switching office or other

equipment or telecommunications service.

["Telephone service" or "telecommunication service."

Includes, but is not limited to, any service provided for a

charge or compensation to facilitate the origination,

transmission, emission or reception of signs, signals, data,

writings, images and sounds or intelligence of any nature by

telephone, including cellular telephones, wire, radio,

electromagnetic, photoelectronic or photo-optical system.]

"Unlawful [telecommunication] telecommunications device."

Any electronic serial number, mobile identification number,

personal identification number or any [telecommunication]

telecommunications device that is capable or has been altered,

modified, programmed or reprogrammed alone or in conjunction

with another access device or other equipment so as to be

capable of acquiring or facilitating the acquisition of a

[telecommunication] telecommunications service without the

consent of the [telecommunication] telecommunications service

provider. The term includes, but is not limited to, phones

altered to obtain service without the consent of the

[telecommunication] telecommunications service provider, tumbler

phones, counterfeit or clone phones, tumbler microchips,

counterfeit or clone microchips, scanning receivers of wireless

[telecommunication service of a telecommunication]

telecommunications service of a telecommunications service

provider and other instruments capable of disguising their

identity or location or of gaining access to a communications

system operated by a [telecommunication] telecommunications 

service provider.

Section 2.  This act shall take effect in 60 days.