PRINTER'S NO. 3405
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2763
Session of
2022
INTRODUCED BY KENYATTA, RABB, SCHLOSSBERG, KINSEY, WEBSTER,
SANCHEZ, MADDEN, A. DAVIS, PARKER, HOHENSTEIN AND KINKEAD,
AUGUST 9, 2022
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 9, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, providing for the offense of seditious conspiracy
against the Commonwealth; and, in abuse of office, providing
for the offense of seditious conspiracy against the
Commonwealth while holding public office.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 5113. Seditious conspiracy against the Commonwealth.
(a) Offense defined.-- A person is guilty of seditious
conspiracy against the Commonwealth if the person conspires with
one or more other persons to:
(1) overthrow, put down or destroy by force the
government of the Commonwealth;
(2) levy war against the government of the Commonwealth;
(3) oppose by force the authority of the government of
the Commonwealth; or
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(4) by force prevent, hinder or delay the execution of
any law of the Commonwealth or by force seize, take or
possess any property of the Commonwealth contrary to the
authority of the Commonwealth.
(b) Penalty.--A person who violates subsection (a) shall,
upon conviction, be sentenced to pay a fine of $10,000, complete
75 hours of community service and be disqualified from receipt
of any State grant funding, award of any State contract and
issuance of any license, certificate, registration or permit for
an occupation or profession under their respective practice
acts.
(c) Construction.--Notwithstanding any other provision of
this title, this section shall not be construed to limit the
rights of the citizens of this Commonwealth in Article I of the
Constitution of Pennsylvania relating to freedom of the press
and speech.
§ 5304. Seditious conspiracy against the Commonwealth while
holding public office.
(a) Offense defined.--A public servant is guilty of
seditious conspiracy against the Commonwealth if the person
conspires with one or more other persons to:
(1) overthrow, put down or destroy by force the
government of the Commonwealth;
(2) levy war against the government of the Commonwealth;
(3) oppose by force the authority of the government of
the Commonwealth; or
(4) by force prevent, hinder or delay the execution of
any law of the Commonwealth or by force seize, take or
possess any property of the Commonwealth contrary to the
authority of the Commonwealth.
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(b) Penalty.--A public servant who violates subsection (a)
shall, upon conviction, be sentenced to pay a fine of $15,000,
complete 100 hours of community service and be disqualified from
receipt of any State grant funding, award of any State contract
and issuance of any license, certificate, registration or permit
for an occupation or profession under their respective practice
acts.
(c) Construction.--Notwithstanding any other provision of
this title, this section shall not be construed to limit the
rights of the citizens of this Commonwealth in Article I of the
Constitution of Pennsylvania relating to freedom of the press
and speech.
(d) Definition.--As used in this section, the term "public
servant" shall have the same meaning given to it under section
4501 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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