18c3501h

 

 

CHAPTER 35

BURGLARY AND OTHER CRIMINAL INTRUSION

 

Sec.

3501.  Definitions.

3502.  Burglary.

3503.  Criminal trespass.

3504.  Railroad protection, railroad vandalism and interference with transportation facilities.

3505.  Unlawful use of unmanned aircraft.

 

Enactment.  Chapter 35 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 35 is referred to in sections 5985.1, 5993 of Title 42 (Judiciary and Judicial Procedure).

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§ 3501.  Definitions.

Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words or phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Occupied structure."  Any structure, vehicle or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

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§ 3502.  Burglary.

(a)  Offense defined.--A person commits the offense of burglary if, with the intent to commit a crime therein, the person:

(1)  (i)  enters a building or occupied structure, or separately secured or occupied portion thereof, that is adapted for overnight accommodations in which at the time of the offense any person is present and the person commits, attempts or threatens to commit a bodily injury crime therein;

(ii)  enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present;

(2)  enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense no person is present;

(3)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or

(4)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present.

(b)  Defense.--It is a defense to prosecution for burglary if any of the following exists at the time of the commission of the offense:

(1)  The building or structure was abandoned.

(2)  The premises are open to the public.

(3)  The actor is licensed or privileged to enter.

(c)  Grading.--

(1)  Except as provided in paragraph (2), burglary is a felony of the first degree.

(2)  As follows:

(i)  Except under subparagraph (ii), an offense under subsection (a)(4) is a felony of the second degree.

(ii)  If the actor's intent upon entering the building, structure or portion under subparagraph (i) is to commit theft of a controlled substance or designer drug as those terms are defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, burglary is a felony of the first degree.

(d)  Multiple convictions.--A person may not be sentenced both for burglary and for the offense which it was his intent to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree.

(e)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Bodily injury crime."  As follows:

(1)  An act, attempt or threat to commit an act which would constitute a misdemeanor or felony under the following:

Chapter 25 (relating to criminal homicide).

Chapter 27 (relating to assault).

Chapter 29 (relating to kidnapping).

Chapter 31 (relating to sexual offenses).

Section 3301 (relating to arson and related offenses).

Chapter 37 (relating to robbery).

Chapter 49 Subch. B (relating to victim and witness intimidation).

(2)  The term includes violations of any protective order issued as a result of an act related to domestic violence.

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(Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 23, 2013, P.L.1264, No.131, eff. 60 days; Nov. 4, 2016, P.L.1194, No.158, eff. 60 days)

 

2016 Amendment.  Act 158 amended subsec. (a)(1) and added subsec. (e).

2013 Amendment.  Act 131 amended subsec. (c)(2). Section 3 of Act 131 provided that the amendment shall apply to offenses committed on or after the effective date of section 3.

Cross References.  Section 3502 is referred to in sections 3311, 5702, 5708, 6105 of this title; sections 5552, 6307, 6308, 9714, 9720.7, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 3903, 4103, 7122 of Title 61 (Prisons and Parole).

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§ 3503.  Criminal trespass.

(a)  Buildings and occupied structures.--

(1)  A person commits an offense if, knowing that he is not licensed or privileged to do so, he:

(i)  enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or

(ii)  breaks into any building or occupied structure or separately secured or occupied portion thereof.

(2)  An offense under paragraph (1)(i) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.

(3)  As used in this subsection:

"Breaks into."  To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

(b)  Defiant trespasser.--

(1)  A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(i)  actual communication to the actor;

(ii)  posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;

(iii)  fencing or other enclosure manifestly designed to exclude intruders;

(iv)  notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or

(v)  an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.

(2)  Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.

(b.1)  Simple trespasser.--

(1)  A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:

(i)  threatening or terrorizing the owner or occupant of the premises;

(ii)  starting or causing to be started any fire upon the premises; or

(iii)  defacing or damaging the premises.

(2)  An offense under this subsection constitutes a summary offense.

(b.2)  Agricultural trespasser.--

(1)  A person commits an offense if knowing that he is not licensed or privileged to do so he:

(i)  enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or

(ii)  enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.

(2)  An offense under this subsection shall be graded as follows:

(i)  An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.

(ii)  An offense under paragraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.

(3)  For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law, or any area zoned for agricultural use.

(b.3)  Agricultural biosecurity area trespasser.--

(1)  A person commits an offense if the person does any of the following:

(i)  Enters an agricultural biosecurity area, knowing that the person is not licensed or privileged to do so.

(ii)  Knowingly or recklessly fails to perform reasonable measures for biosecurity that by posted notice are required to be performed for entry to the agricultural biosecurity area.

(2)  It is a defense to prosecution under paragraph (1)(ii) that:

(i)  no reasonable means or method was available to perform the measures that the posted notice required to be performed for entry to the agricultural biosecurity area;

(ii)  entry is made in response to a condition within the agricultural biosecurity area that the person reasonably believes to be a serious threat to human or animal health as necessitating immediate entry to the agricultural biosecurity area; or

(iii)  entry is made under exigent circumstances by a law enforcement officer to:

(A)  pursue and apprehend a suspect of criminal conduct reasonably believed by the officer to be present within the agricultural biosecurity area; or

(B)  prevent the destruction of evidence of criminal conduct reasonably believed by the officer to be located within the agricultural biosecurity area.

(3)  (i)  Except as set forth in subparagraph (iii), an offense under paragraph (1)(i) constitutes a misdemeanor of the third degree.

(ii)  Except as set forth in subparagraph (iii), an offense under paragraph (1)(ii) constitutes a summary offense.

(iii)  If an offense under paragraph (1) causes damage to or death of an animal or plant within an agricultural biosecurity area, the offense constitutes a misdemeanor of the first degree.

(4)  For purposes of this subsection, the terms "agricultural biosecurity area" and "posted notice" shall have the meanings given to them in 3 Pa.C.S. § 2303 (relating to definitions).

(c)  Defenses.--It is a defense to prosecution under this section that:

(1)  a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;

(2)  the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(3)  the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

(d)  Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial school, any certified day-care center or any licensed preschool program.

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(June 23, 1978, P.L.497, No.76, eff. 60 days; Oct. 27, 1995, P.L.334, No.53, eff. 60 days; Dec. 3, 1998, P.L.933, No.121, eff. imd.; Oct. 2, 2002, P.L.806, No.116, eff. imd.; Nov. 23, 2010, P.L.1360, No.125, eff. imd.; Nov. 6, 2014, P.L.2921, No.192, eff. 60 days)

 

2016 Unconstitutionality.  Act 192 of 2014 was declared unconstitutional. Leach v. Commonwealth, 141 A.3d 426 (Pa. 2016). The Legislative Reference Bureau effectuated the 2016 unconstitutionality.

2014 Amendment.  Act 192 amended subsecs. (b.1) and (d).

2010 Amendment.  Act 125 added subsec. (b.3).

2002 Amendment.  Act 116 amended subsec. (b) and added subsec. (d).

1998 Amendment.  Act 121 added subsec. (b.2).

1978 Amendment.  Act 76 amended subsec. (a).

Cross References.  Section 3503 is referred to in sections 2710, 3019, 3311, 6105 of this title; section 2303 of Title 3 (Agriculture); section 2314 of Title 34 (Game); sections 3573, 6328 of Title 42 (Judiciary and Judicial Procedure).

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§ 3504.  Railroad protection, railroad vandalism and interference with transportation facilities.

(a)  Damage to railroad or delay of railroad operations.--

(1)  A person commits an offense if, without lawful authority or the railroad carrier's consent, he causes damage to property that he knows or reasonably should have known to be railroad property, including the railroad right-of-way or yard, or causes a delay in railroad operations by an act including, but not limited to:

(i)  Knowingly, purposefully or recklessly disrupting, delaying or preventing the operation of any train, jitney, trolley or any other facility of transportation.

(ii)  Driving or operating a recreational vehicle or nonrecreational vehicle, including, but not limited to, a bicycle, motorcycle, snowmobile, all-terrain vehicle, car or truck.

(iii)  Knowingly, purposefully or recklessly damaging railroad property, railroad infrastructure or railroad equipment or using railroad property to access adjoining property to commit acts of vandalism, theft or other criminal acts.

(2)  An offense under this subsection constitutes a misdemeanor of the third degree.

(b)  Stowaways prohibited.--

(1)  A person commits an offense if, without lawful authority or the railroad carrier's consent, he rides on the outside of a train or inside a passenger car, locomotive or freight car, including a box car, flatbed or container.

(2)  An offense under this subsection constitutes a misdemeanor of the third degree.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Railroad."  Any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to:

(1)  Commuter or other short-haul railroad passenger service in a metropolitan or suburban area.

(2)  High-speed ground transportation systems that connect metropolitan areas, but not rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

"Railroad carrier."  A person, including, but not limited to, an owner or operator, providing railroad transportation.

"Railroad carrier's consent."  Written or other affirmative communication of permission to be on railroad property. Consent shall not be implied.

"Railroad property."  All tangible property owned, leased or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal or any other structure, appurtenance or equipment owned, leased or used in the operation of any railroad carrier, including a train, locomotive, engine, railroad car, work equipment, rolling stock or safety device. The term does not include a railroad carrier's administrative building or offices, office equipment or intangible property such as computer software or other information.

"Right-of-way."  The track or roadbed owned, leased or operated by a railroad carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

"Yard."  A system of parallel tracks, crossovers and switches where railroad cars are switched and made up into trains and where railroad cars, locomotives and other rolling stock are kept when not in use or when awaiting repairs.

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(July 15, 2004, P.L.691, No.74, eff. 60 days)

 

2004 Amendment.  Act 74 added section 3504.

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§ 3505.  Unlawful use of unmanned aircraft.

(a)  Offense defined.--A person commits the offense of unlawful use of unmanned aircraft if the person uses an unmanned aircraft intentionally or knowingly to:

(1)  Conduct surveillance of another person in a private place.

(2)  Operate in a manner which places another person in reasonable fear of bodily injury.

(3)  Deliver, provide, transmit or furnish contraband in violation of section 5123 (relating to contraband) or 61 Pa.C.S. § 5902 (relating to contraband prohibited).

(b)  Grading.--The offense of unlawful use of unmanned aircraft shall be graded as follows:

(1)  An offense under subsection (a)(1) or (2) is a summary offense punishable by a fine of up to $300.

(2)  An offense under subsection (a)(3) is a felony of the second degree.

(c)  Exceptions for law enforcement officers.--Subsection (a) shall not apply if the conduct proscribed under subsection (a) is committed by any of the following:

(1)  Law enforcement officers engaged in the performance of their official law enforcement duties.

(2)  Personnel of the Department of Corrections, local correctional facility, prison or jail engaged in the performance of their official duties.

(d)  Other exceptions.--Subsection (a)(1) and (2) shall not apply if the conduct proscribed under subsection (a)(1) or (2) is committed by any of the following:

(1)  Firefighters, as defined in section 2 of the act of December 16, 1998 (P.L.980, No.129), known as the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act, or special fire police, as provided for in 35 Pa.C.S. Ch. 74 Subch. D (relating to special fire police), engaged in the performance of their official firefighting or fire police duties.

(2)  Emergency medical responders, as defined in 35 Pa.C.S. § 8103 (relating to definitions), engaged in the performance of their official duties.

(3)  An employee or agent of an electric, water, natural gas or other utility while engaged in the performance of the employee's or agent's official duties.

(4)  An employee or agent of a government agency while engaged in the performance of the employee's or agent's official duties.

(e)  Aerial data collection.--Subsection (a)(1) shall not apply if the conduct proscribed is committed by a person engaged in aerial data collection if:

(1)  the person utilized the unmanned aircraft in a manner which complies with Federal Aviation Administration regulations or the unmanned aircraft is authorized by an exemption that is issued by the Federal Aviation Administration; and

(2)  the person did not knowingly or intentionally conduct surveillance of another person in a private place.

(f)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Bodily injury."  As defined in section 2301 (relating to definitions).

"Law enforcement officer."  An officer of the United States, of another state or subdivision thereof, or of the Commonwealth or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this title or an equivalent crime in another jurisdiction and an attorney authorized by law to prosecute or participate in the prosecution of the offense.

"Private place."  A place where a person has a reasonable expectation of privacy.

"Surveillance."  Using or causing to be used an unmanned aircraft to observe, record or invade the privacy of another.

"Unmanned aircraft."  An aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

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(Oct. 12, 2018, P.L.516, No.78, eff. 90 days)

 

2018 Amendment.  Act 78 added section 3505.

Cross References.  Section 3505 is referred to in section 305 of Title 53 (Municipalities Generally).