CHAPTER 41
FORGERY AND FRAUDULENT PRACTICES
Sec.
4101. Forgery.
4102. Simulating objects of antiquity, rarity, etc.
4103. Fraudulent destruction, removal or concealment of recordable instruments.
4104. Tampering with records or identification.
4105. Bad checks.
4106. Access device fraud.
4106.1. Unlawful device-making equipment.
4107. Deceptive or fraudulent business practices.
4107.1. Deception relating to kosher food products.
4107.2. Deception relating to certification of minority business enterprise or women's business enterprise.
4108. Commercial bribery and breach of duty to act disinterestedly.
4109. Rigging publicly exhibited contest.
4110. Defrauding secured creditors.
4111. Fraud in insolvency.
4112. Receiving deposits in a failing financial institution.
4113. Misapplication of entrusted property and property of government or financial institutions.
4114. Securing execution of documents by deception.
4115. Falsely impersonating persons privately employed.
4116. Copying; recording devices.
4116.1. Unlawful operation of recording device in motion picture theater.
4117. Insurance fraud.
4118. Washing vehicle titles.
4119. Trademark counterfeiting.
4120. Identity theft.
4121. Possession and use of unlawful devices.
Enactment. Chapter 41 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 41 is referred to in section 9122.1 of this title; section 8801 of Title 20 (Decedents, Estates and Fiduciaries); section 3575 of Title 42 (Judiciary and Judicial Procedure).
§ 4101. Forgery.
(a) Offense defined.--A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(1) alters any writing of another without his authority;
(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
(3) utters any writing which he knows to be forged in a manner specified in paragraphs (1) or (2) of this subsection.
(b) Definition.--As used in this section the word "writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, electronic signatures and other symbols of value, right, privilege, or identification.
(c) Grading.--Forgery is a felony of the second degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments issued by the government, or part of an issue of stock, bonds or other instruments representing interests in or claims against any property or enterprise. Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations. Otherwise forgery is a misdemeanor of the first degree.
(Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)
2002 Amendment. Act 226 amended subsec. (b).
Cross References. Section 4101 is referred to in section 3311 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 4102. Simulating objects of antiquity, rarity, etc.
A person commits a misdemeanor of the first degree if, with intent to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.
§ 4103. Fraudulent destruction, removal or concealment of recordable instruments.
A person commits a felony of the third degree if, with intent to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.
§ 4104. Tampering with records or identification.
(a) Writings.--A person commits a misdemeanor of the first degree if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, or distinguishing mark or brand or other identification with intent to deceive or injure anyone or to conceal any wrongdoing.
(b) Personal property.--A person commits a summary offense if he knowingly buys, sells or moves in commerce any personal property from which the manufacturer's name plate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed unless the alterations have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or under specific authorization and direction from the original manufacturer. Personal property as set forth in this subsection shall not include firearms, motor vehicles or insurance company salvage recoveries.
(c) Innocent alterations.--If property subject to the provisions of this section has had its identifying marks defaced or eliminated innocently and is in the possession of its rightful owner, the owner may, notwithstanding the provisions of subsection (a) or (b), dispose of the property by sale or otherwise if he delivers to the acquirer a notarized statement that the property was innocently altered and that the person disposing of it is its rightful owner.
(Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979)
§ 4105. Bad checks.
(a) Offense defined.--
(1) A person commits an offense if he issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.
(2) A person commits an offense if he, knowing that it will not be honored by the drawee, issues or passes a check or similar sight order for the payment of money when the drawee is located within this Commonwealth. A violation of this paragraph shall occur without regard to whether the location of the issuance or passing of the check or similar sight order is within or outside of this Commonwealth. It shall be no defense to a violation of this section that some or all of the acts constituting the offense occurred outside of this Commonwealth.
(b) Presumptions.--For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, the following shall apply:
(1) An issuer is presumed to know that the check or order (other than a post-dated check or order) would not be paid, if:
(i) payment was refused because the issuer had no such account with the drawee at the time the check or order was issued; or
(ii) payment was refused by the drawee for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within ten days after receiving notice of that refusal.
Notice of refusal may be given to the issuer orally or in writing by any person. Proof that notice was sent by registered or certified mail, regardless of whether a receipt was requested or returned, to the address printed on the check or, if none, then to the issuer's last known address, shall raise a presumption that the notice was received.
(2) A check or order stamped "NSF" or "insufficient funds" shall raise a presumption that payment was refused by the drawee for lack of funds.
(3) A check or order stamped "account closed" or "no such account" or "counterfeit" shall raise a presumption that payment was refused by the drawee because the issuer had no such account with the drawee at the time the check or order was issued.
(c) Grading.--
(1) An offense under this section is:
(i) a summary offense if the check or order is less than $200;
(ii) a misdemeanor of the third degree if the check or order is $200 or more but less than $500;
(iii) a misdemeanor of the second degree if the check or order is $500 or more but less than $1,000;
(iv) a misdemeanor of the first degree if the check or order is $1,000 or more but is less than $75,000; or
(v) a felony of the third degree if the check or order is $75,000 or more.
(2) When the offense is a third or subsequent offense within a five-year period, regardless of the amount of the check or order and regardless of the grading of the prior offenses, an offense under this section is a misdemeanor of the first degree unless the amount of the check or order involved in the third or subsequent offense is $75,000 or more, then the offense is a felony of the third degree.
(d) Venue.--An offense under subsection (a) may be deemed to have been committed at either the place where the defendant issues or passes the bad check or similar sight order for the payment of money or the place where the financial institution upon which the bad check or similar sight order for the payment of money was drawn is located.
(e) Costs.--Upon conviction under this section the sentence shall include an order for the issuer or passer to reimburse the payee or such other party as the circumstances may indicate for:
(1) The face amount of the check.
(2) Interest at the legal rate on the face amount of the check from the date of dishonor by the drawee.
(3) A service charge if written notice of the service charge was conspicuously displayed on the payee's premises when the check was issued. The service charge shall not exceed $50 unless the payee is charged fees in excess of $50 by financial institutions as a result of such bad check or similar sight order for the payment of money. If the payee is charged fees in excess of $50, then the service charge shall not exceed the actual amount of the fees.
(July 6, 1984, P.L.647, No.134, eff. 90 days; Dec. 20, 1996, P.L.1531, No.201, eff. 60 days; June 22, 2000, P.L.382, No.50, eff. 60 days; Dec. 18, 2007, P.L.462, No.70, eff. 60 days)
2007 Amendment. Act 70 amended subsec. (e).
1996 Amendment. Act 201 amended subsecs. (b) and (c).
Cross References. Section 4105 is referred to in section 6122 of Title 7 (Banks and Banking); sections 3573, 3575, 8304 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice).
§ 4106. Access device fraud.
(a) Offense defined.--A person commits an offense if he:
(1) uses an access device to obtain or in an attempt to obtain property or services with knowledge that:
(i) the access device is counterfeit, altered or incomplete;
(ii) the access device was issued to another person who has not authorized its use;
(iii) the access device has been revoked or canceled; or
(iv) for any other reason his use of the access device is unauthorized by the issuer or the device holder; or
(2) publishes, makes, sells, gives, or otherwise transfers to another, or offers or advertises, or aids and abets any other person to use an access device knowing that the access device is counterfeit, altered or incomplete, belongs to another person who has not authorized its use, has been revoked or canceled or for any reason is unauthorized by the issuer or the device holder; or
(3) possesses an access device knowing that it is counterfeit, altered, incomplete or belongs to another person who has not authorized its possession.
(a.1) Presumptions.--For the purpose of this section as well as in any prosecution for theft committed by the means specified in this section:
(1) An actor is presumed to know an access device is counterfeit, altered or incomplete if he has in his possession or under his control two or more counterfeit, altered or incomplete access devices.
(2) Knowledge of revocation or cancellation shall be presumed to have been received by an access device holder seven days after it has been mailed to him at the address set forth on the access device application or at a new address if a change of address has been provided to the issuer.
(b) Defenses.--It is a defense to a prosecution under subsection (a)(1)(iv) if the actor proves by a preponderance of the evidence that he had the intent and ability to meet all obligations to the issuer arising out of his use of the access device.
(c) Grading.--
(1) An offense under subsection (a)(1) falls within the following classifications depending on the value of the property or service obtained or sought to be obtained by means of the access device:
(i) if the value involved was $500 or more, the offense constitutes a felony of the third degree; or
(ii) if the value involved was $50 or more but less than $500, the offense constitutes a misdemeanor of the first degree; or
(iii) if the value involved was less than $50, the offense constitutes a misdemeanor of the second degree.
(2) Amounts involved in unlawful use of an access device pursuant to a scheme or course of conduct, whether from the same issuer or several issuers, may be aggregated in determining the classification of the offense.
(3) An offense under subsection (a)(2) constitutes a felony of the third degree.
(4) An offense under subsection (a)(3) constitutes a misdemeanor of the third degree.
(5) Each access device involved in the offense specified in subsection (a)(2) or (3) shall constitute a separate offense.
(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Access device." Any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, personal identification number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or anything else of value or that can be used to transfer funds.
"Altered access device." A validly issued access device which after issue is changed in any way.
"Counterfeit access device." An access device not issued by an issuer in the ordinary course of business.
"Device holder." The person or organization named on the access device to whom or for whose benefit the access device is issued by an issuer.
"Incomplete access device." An access device which does not contain all of the printed, embossed, encoded, stamped or other matter which an issuer requires to appear on a validly issued access device.
"Issuer." The business organization or financial institution which issues an access device or its duly authorized agent.
"Publishes." The communication of information to any one or more persons, either in person, by telephone, radio, other telecommunication or electronic device, television or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book.
(e) Venue.--Any offense committed under subsection (a)(1) may be deemed to have been committed at either the place where the attempt to obtain property or services is made, or at the place where the property or services were received or provided, or at the place where the lawful charges for said property or services are billed.
(July 20, 1974, P.L.539, No.185; Dec. 21, 1998, P.L.1103, No.149, eff. 60 days)
Cross References. Section 4106 is referred to in section 1107.1 of this title; section 2303 of Title 44 (Law and Justice); section 1406 of Title 66 (Public Utilities).
§ 4106.1. Unlawful device-making equipment.
(a) Offense defined.--A person commits an offense if, with intent to defraud or injure anyone or with knowledge that he may be facilitating a fraud or injury to be perpetrated by anyone, he:
(1) produces or traffics in device-making equipment; or
(2) possesses device-making equipment.
(b) Grading.--An offense under subsection (a)(1) is a felony of the third degree. An offense under subsection (a)(2) is a misdemeanor of the first degree.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Access device." Any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, personal identification number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or anything else of value or that can be used to initiate a transfer of funds.
"Device-making equipment." Any equipment, mechanism or impression designed or capable of being used for making an access device.
"Produce." Includes design, alter, authenticate, duplicate or assemble.
"Traffic." Sell, give or otherwise transfer to another or obtain control of with intent to dispose of or transfer.
(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days)
1998 Amendment. Act 149 added section 4106.1.
§ 4107. Deceptive or fraudulent business practices.
(a) Offense defined.--A person commits an offense if, in the course of business, the person:
(1) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(2) sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;
(3) takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure;
(4) sells, offers or exposes for sale adulterated or mislabeled commodities. As used in this paragraph, the term "adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage. As used in this paragraph, the term "mislabeled" means varying from the standard of trust or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage;
(5) makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services;
(6) makes or induces others to rely on a false or misleading written statement for the purpose of obtaining property or credit;
(7) makes or induces others to rely on a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities;
(8) makes or induces others to rely on a false or misleading material statement to induce an investor to invest in a business venture. The offense is complete when any false or misleading material statement is communicated to an investor regardless of whether any investment is made. For purposes of grading, the "amount involved" is the amount or value of the investment solicited or paid, whichever is greater. As used in this paragraph, the following words and phrases shall mean: "Amount" as used in the definition of "material statement" includes currency values and comparative expressions of value, including, but not limited to, percentages or multiples. "Business venture" means any venture represented to an investor as one where he may receive compensation either from the sale of a product, from the investment of other investors or from any other commercial enterprise. "Compensation" means anything of value received or to be received by an investor. "Invest" means to pay, give or lend money, property, service or other thing of value for the opportunity to receive compensation. The term also includes payment for the purchase of a product. "Investment" means the money, property, service or other thing of value paid or given, or to be paid or given, for the opportunity to receive compensation. "Investor" means any natural person, partnership, corporation, limited liability company, business trust, other association, government entity, estate, trust, foundation or other entity solicited to invest in a business venture, regardless of whether any investment is made. "Material statement" means a statement about any matter which could affect an investor's decision to invest in a business venture, including, but not limited to, statements about:
(i) the existence, value, availability or marketability of a product;
(ii) the number of former or current investors, the amount of their investments or the amount of their former or current compensation;
(iii) the available pool or number of prospective investors, including those who have not yet been solicited and those who already have been solicited but have not yet made an investment;
(iv) representations of future compensation to be received by investors or prospective investors; or
(v) the source of former, current or future compensation paid or to be paid to investors or prospective investors.
"Product" means a good, a service or other tangible or intangible property of any kind;
(9) obtains or attempts to obtain property of another by false or misleading representations made through communications conducted in whole or in part by telephone involving the following:
(i) express or implied claims that the person contacted has won or is about to win a prize;
(ii) express or implied claims that the person contacted may be able to recover any losses suffered in connection with a prize promotion; or
(iii) express or implied claims regarding the value of goods or services offered in connection with a prize or a prize promotion.
As used in this paragraph, the term "prize" means anything of value offered or purportedly offered. The term "prize promotion" means an oral or written express or implied representation that a person has won, has been selected to receive or may be eligible to receive a prize or purported prize;
(10) knowingly makes a false or misleading statement in a privacy policy, published on the Internet or otherwise distributed or published, regarding the use of personal information submitted by members of the public; or
(11) does either of the following when the person is in a client relationship with a certified public accountant, public accountant or public accounting firm:
(i) provides false or misleading information to the certified public accountant, public accountant or public accounting firm in connection with performance of an attestation function for the client which results in an attestation by the certified public accountant, public accountant or public accounting firm of a materially misleading financial statement, audit, review or other document; or
(ii) fails to provide information to the certified public accountant, public accountant or public accounting firm which the person knows is material to the performance of an attestation function and which results in an attestation by the certified public accountant, public accountant or public accounting firm of a materially misleading financial statement, audit, review or other document.
(a.1) Grading of offenses.--
(1) A violation of this section, except for subsection (a)(10), constitutes:
(i) a felony of the third degree if the amount involved exceeds $2,000;
(ii) a misdemeanor of the first degree if the amount involved is $200 or more but $2,000 or less;
(iii) a misdemeanor of the second degree if the amount involved is less than $200; or
(iv) when the amount involved cannot be satisfactorily ascertained, the offense constitutes a misdemeanor of the second degree.
(2) Amounts involved in deceptive or fraudulent business practices 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.
(3) Where a person commits an offense under subsection (a) and the victim of the offense is 60 years of age or older, the grading of the offense shall be one grade higher than specified in paragraph (1).
(4) An offense under subsection (a)(10) shall be a summary offense and shall be punishable by a fine not less than $50 and not to exceed $500.
(a.2) Jurisdiction.--
(1) The district attorneys of the several counties shall have the authority to investigate and to institute criminal proceedings for any violation of this section.
(2) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of such violations involving more than one county of this Commonwealth or involving any county of this Commonwealth and another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.
(b) Defenses.--It is a defense to prosecution under this section if the defendant proves by a preponderance of the evidence that his conduct was not knowingly or recklessly deceptive.
(c) Exceptions.--Subsection (a)(10) shall not apply to the activities of:
(1) A financial institution as defined by section 509(3) of the Gramm-Leach-Bliley Act (Public Law 106-102, 15 U.S.C. § 6809(3)) or regulations adopted by agencies as designated by section 504(a) of the Gramm-Leach-Bliley Act (15 U.S.C. § 6804(a)) and subject to Title V of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.).
(2) A covered entity as defined by regulations promulgated at 45 CFR Pts. 160 (relating to general administration requirements) and 164 (relating to security and privacy) pursuant to Subtitle F of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, 42 U.S.C. § 1320d et seq.).
(3) A licensee or person subject to 31 Pa. Code Ch. 146a (relating to privacy of consumer financial information) or 146b (relating to privacy of consumer health information).
(Dec. 4, 1996, P.L.902, No.145, eff. 60 days; April 5, 2004, P.L.211, No.26, eff. 60 days; Nov. 30, 2004, P.L.1592, No.202, eff. 60 days; Dec. 8, 2004, P.L.1781, No.234, eff. 60 days)
2004 Amendments. Act 234 overlooked the amendment by Act 202, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 4107.
Cross References. Section 4107 is referred to in section 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 4107.1. Deception relating to kosher food products.
(a) Offense defined.--A person commits a misdemeanor of the third degree if in the course of business, he knowingly sells or exposes for sale any food product represented as kosher or kosher style when such food product is not kosher, said representation having been made orally, in writing or by display on the premises of such sign, mark, insignia or simulation reasonably calculated to induce an individual to believe that said food product is kosher.
(b) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Food product." Any article whether in raw or prepared form which is utilized in human consumption.
"Kosher" or "kosher style." A food product having been prepared, processed, manufactured, maintained and vended in accordance with the requisites of traditional Jewish Law.
(Oct. 4, 1978, P.L.908, No.172, eff. 15 days)
1978 Amendment. Act 172 added section 4107.1.
§ 4107.2. Deception relating to certification of minority business enterprise or women's business enterprise.
(a) Offense defined.--A person commits a felony of the third degree if, in the course of business, he:
(1) Fraudulently obtains or retains certification as a minority business enterprise or a women's business enterprise.
(2) Willfully makes a false statement, whether by affidavit, report or other representation, to an official or employee of a public body for the purpose of influencing the certification or denial of certification of any business entity as a minority business enterprise or a women's business enterprise.
(3) Willfully obstructs or impedes any agency official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise or a women's business enterprise.
(4) Fraudulently obtains public moneys reserved for or allocated or available to minority business enterprises or women's business enterprises.
(b) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Certification." A determination made by a public body that a business entity is a minority business enterprise or a women's business enterprise for whatever purpose.
"Control." The exclusive or ultimate and sole control of the business including, but not limited to, capital investment and all other financial, property, acquisition, contract negotiation, legal matters, officer-director-employee selection and comprehensive hiring, operating responsibility, cost-control matters, income and dividend matters, financial transactions and rights of other shareholders or joint partners. Control shall be real, substantial and continuing not pro forma. Control shall include the power to direct or cause the direction of the management and policies of the business and to make the day-to-day as well as major decisions in matters of policy, management and operations. Control shall be exemplified by possessing the requisite knowledge and expertise to run the particular business and control shall not include simple majority or absentee ownership. Further, control by a socially and economically disadvantaged individual or woman shall not be deemed to exist in any case where any nonminority owner or employee of the business is disproportionately responsible for the operation of the firm.
"Minority business enterprise." A small business concern which is:
(1) A sole proprietorship, owned and controlled by a socially and economically disadvantaged individual.
(2) A partnership or joint venture controlled by socially and economically disadvantaged individuals in which 51% of the beneficial ownership interest is held by socially and economically disadvantaged individuals.
(3) A corporation or other entity controlled by socially and economically disadvantaged individuals in which at least 51% of the voting interest and 51% of the beneficial ownership interest are held by socially and economically disadvantaged individuals.
"Public body." A department, bureau, agency, commission or other instrumentality of the Commonwealth, political subdivision, municipal authority or any wholly or partially owned government corporation which enters into contracts.
"Socially and economically disadvantaged individuals." Persons who are citizens of the United States and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, women and other minorities or persons found to be disadvantaged by the Small Business Administration pursuant to the Small Business Act (15 U.S.C. § 631 et seq.).
"Women's business enterprise." A small business concern which is at least 51% owned and controlled by women, or, in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more women and whose management and daily business operations are controlled by one or more of the women who own it.
(Dec. 21, 1984, P.L.1210, No.230, eff. 60 days)
1984 Amendment. Act 230 added section 4107.2.
§ 4108. Commercial bribery and breach of duty to act disinterestedly.
(a) Corrupt employee, agent or fiduciary.--An employee, agent or fiduciary commits a misdemeanor of the second degree when, without the consent of his employer or principal, he solicits, accepts, or agrees to accept any benefit from another person upon agreement or understanding that such benefit will influence his conduct in relation to the affairs of his employer or principal.
(b) Corrupt disinterested person.--A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services commits a misdemeanor of the second degree if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism.
(c) Solicitation.--A person commits a misdemeanor of the second degree if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under subsections (a) or (b) of this section.
Cross References. Section 4108 is referred to in sections 911, 5708 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 4109. Rigging publicly exhibited contest.
(a) Offense defined.--A person commits a misdemeanor of the first degree if, with intent to prevent a publicly exhibited contest from being conducted in accordance with the rules and usages purporting to govern it, he:
(1) confers or offers or agrees to confer any benefit upon, or threatens any injury to a participant, official or other person associated with the contest or exhibition; or
(2) tampers with any person, animal or thing.
(b) Soliciting or accepting benefit for rigging.--A person commits a misdemeanor of the first degree if he knowingly solicits, accepts or agrees to accept any benefit the giving of which would be criminal under subsection (a) of this section.
(c) Participation in rigged contest.--A person commits a misdemeanor of the first degree if he knowingly engages in, sponsors, produces, judges, or otherwise participates in a publicly exhibited contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct which would be criminal under this section.
Cross References. Section 4109 is referred to in sections 911, 5708 of this title; sections 9318, 9323 of Title 3 (Agriculture); section 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 4110. Defrauding secured creditors.
A person commits a misdemeanor of the second degree if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest or after levy has been made thereon with intent to hinder enforcement of such interest.
§ 4111. Fraud in insolvency.
A person commits a misdemeanor of the second degree if, knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he:
(1) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;
(2) knowingly falsifies any writing or record relating to the property; or
(3) knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.
§ 4112. Receiving deposits in a failing financial institution.
An officer, manager or other person directing or participating in the direction of a financial institution commits a misdemeanor of the second degree if he receives or permits the receipt of a deposit, premium payment or other investment in the institution knowing that:
(1) due to financial difficulties the institution is about to suspend operations or go into receivership or reorganization; and
(2) the person making the deposit or other payment is unaware of the precarious situation of the institution.
§ 4113. Misapplication of entrusted property and property of government or financial institutions.
(a) Offense defined.--A person commits an offense if he applies or disposes of property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted.
(b) Grading.--The offense is a misdemeanor of the second degree if the amount involved exceeds $50; otherwise it is a misdemeanor of the third degree.
Cross References. Section 4113 is referred to in sections 17316, 17346 of Title 16 (Counties); section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).
§ 4114. Securing execution of documents by deception.
A person commits a misdemeanor of the second degree if by deception he causes another to execute any instrument affecting or purporting to affect or likely to affect the pecuniary interest of any person.
§ 4115. Falsely impersonating persons privately employed.
A person commits a misdemeanor of the second degree if, without due authority, he pretends or holds himself out to any one as an employee of any person for the purpose of gaining access to any premises.
§ 4116. Copying; recording devices.
(a) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Manufacturer." The person or entity which authorized or caused the recording or transfer of sounds, images or a combination of sounds and images to the recorded device in issue. The term shall not include the manufacturer of the cartridge or casing itself.
"Owner." The person who owns the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is recorded and from which the transferred sounds are directly or indirectly derived.
"Recorded device." Any phonograph record, disc, tape, film, videotape, video cassette or other tangible article, now known or later developed, upon which sounds or images or any combination of sounds and images are recorded.
(b) Unauthorized transfer of sounds on recording devices.--It shall be unlawful for any person to:
(1) knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with the intent to sell or cause to be sold, or to be used for profit through public performance, such article on which sounds are so transferred, without consent of the owner; or
(2) manufacture, distribute or wholesale any article with the knowledge that the sounds are so transferred, without consent of the owner.
(c) Exceptions.--
(1) Subsection (b) shall not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds other than from the sound track of a motion picture intended for, or in connection with broadcast or telecast transmission or related uses, or for archival purposes.
(2) Subsection (b) shall not apply to motion pictures or to sound recordings fixed on or after February 15, 1972.
(d) Manufacture, sale or rental of illegal recording or recorded devices.--It shall be unlawful for any person to knowingly manufacture, transport, sell, resell, rent, advertise or offer for sale, resale or rental or cause the manufacture, sale, resale or rental or possess for such purpose or purposes any recorded device in violation of this section.
(d.1) Manufacture, sale or rental of a recording of a live performance without consent of the owner.--
(1) It shall be unlawful for any person to knowingly manufacture, transport, sell, resell, rent, advertise or offer for sale, resale or rental or cause the manufacture, sale, resale or rental or possess for such purpose or purposes any recording of a live performance with the knowledge that the live performance has been recorded without the consent of the owner.
(2) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance are presumed to own the rights to record those sounds.
(3) For purposes of this section, a person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded is a competent witness in a proceeding regarding the issue of consent.
(e) Name of manufacturer on recorded device packaging.--Every recorded device manufactured, transported, rented, sold, offered for sale or rental, or transferred or possessed for such purpose or purposes by any person shall contain on its packaging or label the true name of the manufacturer.
(f) Confiscation of non-conforming recorded devices.--It shall be the duty of all law enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of subsection (e). The non-conforming recorded devices shall be delivered to the district attorney of the county in which the confiscation was made. The officer confiscating the recorded devices shall provide to the person from whom the recorded devices were confiscated notice that the person may request a hearing concerning the confiscation and disposition of the devices. Thereafter, the district attorney may seek a court order for destruction of the recorded devices. The provisions of this section shall apply to any non-conforming recorded device, regardless of the requirement in subsection (d) of knowledge or intent.
(g) Grading of offenses.--
(1) Any violation of the provisions of this section involving, within any 180-day period, at least 100 devices upon which motion pictures or portions thereof have been recorded or at least 1,000 devices containing sound recordings or portions thereof is a felony of the third degree. A second or subsequent conviction is a felony of the second degree if at the time of sentencing the defendant has been convicted of another violation of this section.
(2) Any other violation of the provisions of this section not described in paragraph (1) upon a first conviction is a misdemeanor of the first degree and upon a second or subsequent conviction is a felony of the third degree if at the time of sentencing the defendant has been convicted of another violation of this section.
(h) Rights of owners and producers to damages.--
(1) Any owner of a recorded device whose work is allegedly the subject of a violation of the provisions of subsection (b), (d) or (e) shall have a cause of action for all damages resultant therefrom, including actual and punitive damages.
(2) Any lawful producer of a recorded device whose product is allegedly the subject of a violation of the provisions of subsection (b), (d) or (e) shall have a cause of action for all damages resultant therefrom, including actual and punitive damages.
(3) Upon conviction for any offense under this section, the offender may be sentenced to make restitution to any owner or lawful producer of a recorded device or any other person who suffered injury resulting from the crime. Notwithstanding any limitation in section 1106 (relating to restitution for injuries to person or property), the order of restitution may be based on the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the non-conforming recorded devices involved in the offense. All other provisions of section 1106 not inconsistent with this provision shall apply to an order of restitution under this section.
(i) Forfeiture.--
(1) No property right shall exist in any property used or intended for use in the commission of a violation of this section or in any proceeds traceable to a violation of this section, and the same shall be deemed contraband and forfeited in accordance with the provisions of 42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive seizures) and 5808 (relating to exceptions).
(2) (Deleted by amendment).
(3) The provisions of this subsection shall not, in any way, limit the right of the Commonwealth to exercise any rights or remedies otherwise provided by law.
(Dec. 20, 1996, P.L.1499, No.194, eff. 60 days; June 29, 2017, P.L.247, No.13, eff. July 1, 2017)
2017 Amendment. Act 13 amended subsec. (i).
Cross References. Section 4116 is referred to in section 5803 of Title 42 (Judiciary and Judicial Procedure).
§ 4116.1. Unlawful operation of recording device in motion picture theater.
(a) Offense.--A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person operates a recording device in the theater without written authority or permission from the motion picture theater owner.
(b) Theater owner rights.--
(1) A peace officer, theater owner or an agent under contract with a theater owner who reasonably believes that an offense under the section has occurred or is occurring and who reasonably believes that a specific person has committed or is committing an offense under this section may detain the suspect in a reasonable manner for a reasonable time on or off the premises for any of the following purposes:
(i) To require the suspect to identify himself.
(ii) To verify such identification.
(iii) To determine whether the suspect has any recordings in violation of this section and, if so, to recover such recordings.
(iv) To inform a peace officer.
(v) To institute criminal proceedings against the suspect.
(2) If any person admitted to a theater in which a motion picture is to be or is being exhibited refuses or fails to give or surrender possession or to cease operation of any recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse further admission to that person or request that the person leave the premises.
(c) Liability.--A theater owner or an employee or agent of a theater owner who detains or causes the arrest of a person in or immediately adjacent to a motion picture theater shall not be held civilly or criminally liable in any proceeding arising out of such detention or arrest if:
(1) the person detaining or causing the arrest had, at the time thereof, reasonably believed that the person detained or arrested had committed or attempted to commit in that person's presence an offense described in this section;
(2) the manner of the detention or arrest was reasonable;
(3) law enforcement authorities were notified within a reasonable time; and
(4) the person detained or arrested was surrendered to law enforcement authorities within a reasonable time.
(d) Penalty.--A first violation of this section constitutes a misdemeanor of the first degree. A second or subsequent conviction is a felony of the third degree if at the time of sentencing the defendant has been convicted of another violation of this section.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Motion picture theater." A premises used for the exhibition or performance of motion pictures to the general public.
"Recording device." A photographic or video camera, audio or video recorder or any other device now existing or later developed which may be used for recording or transferring sounds or images.
"Theater owner." An owner or operator and the agent, employee, consignee, lessee or officer of an owner or operator of any motion picture theater.
(Dec. 20, 1996, P.L.1499, No.194, eff. 60 days)
1996 Amendment. Act 194 added section 4116.1.
§ 4117. Insurance fraud.
(a) Offense defined.--A person commits an offense if the person does any of the following:
(1) Knowingly and with the intent to defraud a State or local government agency files, presents or causes to be filed with or presented to the government agency a document that contains false, incomplete or misleading information concerning any fact or thing material to the agency's determination in approving or disapproving a motor vehicle insurance rate filing, a motor vehicle insurance transaction or other motor vehicle insurance action which is required or filed in response to an agency's request.
(2) Knowingly and with the intent to defraud any insurer or self-insured, presents or causes to be presented to any insurer or self-insured any statement forming a part of, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim.
(3) Knowingly and with the intent to defraud any insurer or self-insured, assists, abets, solicits or conspires with another to prepare or make any statement that is intended to be presented to any insurer or self-insured in connection with, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim, including information which documents or supports an amount claimed in excess of the actual loss sustained by the claimant.
(4) Engages in unlicensed agent, broker or unauthorized insurer activity as defined by the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of one thousand nine hundred and twenty-one, knowingly and with the intent to defraud an insurer, a self-insured or the public.
(5) Knowingly benefits, directly or indirectly, from the proceeds derived from a violation of this section due to the assistance, conspiracy or urging of any person.
(6) Is the owner, administrator or employee of any health care facility and knowingly allows the use of such facility by any person in furtherance of a scheme or conspiracy to violate any of the provisions of this section.
(7) Borrows or uses another person's financial responsibility or other insurance identification card or permits his financial responsibility or other insurance identification card to be used by another, knowingly and with intent to present a fraudulent claim to an insurer.
(8) If, for pecuniary gain for himself or another, he directly or indirectly solicits any person to engage, employ or retain either himself or any other person to manage, adjust or prosecute any claim or cause of action against any person for damages for negligence or, for pecuniary gain for himself or another, directly or indirectly solicits other persons to bring causes of action to recover damages for personal injuries or death, provided, however, that this paragraph shall not apply to any conduct otherwise permitted by law or by rule of the Supreme Court.
(b) Additional offenses defined.--
(1) A lawyer may not compensate or give anything of value to a nonlawyer to recommend or secure employment by a client or as a reward for having made a recommendation resulting in employment by a client; except that the lawyer may pay:
(i) the reasonable cost of advertising or written communication as permitted by the rules of professional conduct; or
(ii) the usual charges of a not-for-profit lawyer referral service or other legal service organization.
Upon a conviction of an offense provided for by this paragraph, the prosecutor shall certify such conviction to the disciplinary board of the Supreme Court for appropriate action. Such action may include a suspension or disbarment.
(2) With respect to an insurance benefit or claim covered by this section, a health care provider may not compensate or give anything of value to a person to recommend or secure the provider's service to or employment by a patient or as a reward for having made a recommendation resulting in the provider's service to or employment by a patient; except that the provider may pay the reasonable cost of advertising or written communication as permitted by rules of professional conduct. Upon a conviction of an offense provided for by this paragraph, the prosecutor shall certify such conviction to the appropriate licensing board in the Department of State which shall suspend or revoke the health care provider's license.
(3) A lawyer or health care provider may not compensate or give anything of value to a person for providing names, addresses, telephone numbers or other identifying information of individuals seeking or receiving medical or rehabilitative care for accident, sickness or disease, except to the extent a referral and receipt of compensation is permitted under applicable professional rules of conduct. A person may not knowingly transmit such referral information to a lawyer or health care professional for the purpose of receiving compensation or anything of value. Attempts to circumvent this paragraph through use of any other person, including, but not limited to, employees, agents or servants, shall also be prohibited.
(4) A person may not knowingly and with intent to defraud any insurance company, self-insured or other person file an application for insurance containing any false information or conceal for the purpose of misleading information concerning any fact material thereto.
(c) Electronic claims submission.--If a claim is made by means of computer billing tapes or other electronic means, it shall be a rebuttable presumption that the person knowingly made the claim if the person has advised the insurer in writing that claims will be submitted by use of computer billing tapes or other electronic means.
(d) Grading.--An offense under subsection (a)(1) through (8) is a felony of the third degree. An offense under subsection (b) is a misdemeanor of the first degree.
(e) Restitution.--The court may, in addition to any other sentence authorized by law, sentence a person convicted of violating this section to make restitution.
(f) Immunity.--An insurer, and any agent, servant or employee thereof acting in the course and scope of his employment, shall be immune from civil or criminal liability arising from the supply or release of written or oral information to any entity duly authorized to receive such information by Federal or State law, or by Insurance Department regulations.
(g) Civil action.--An insurer damaged as a result of a violation of this section may sue therefor in any court of competent jurisdiction to recover compensatory damages, which may include reasonable investigation expenses, costs of suit and attorney fees. An insurer may recover treble damages if the court determines that the defendant has engaged in a pattern of violating this section.
(h) Criminal action.--
(1) The district attorneys of the several counties shall have authority to investigate and to institute criminal proceedings for any violation of this section.
(2) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of such violations involving more than one county of the Commonwealth or involving any county of the Commonwealth and another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of the Commonwealth to the person making the challenge.
(i) Regulatory and investigative powers additional to those now existing.--Nothing contained in this section shall be construed to limit the regulatory or investigative authority of any department or agency of the Commonwealth whose functions might relate to persons, enterprises or matters falling within the scope of this section.
(j) Violations, penalties, etc.--
(1) If a person is found by court of competent jurisdiction, pursuant to a claim initiated by a prosecuting authority, to have violated any provision of this section, the person shall be subject to civil penalties of not more than $5,000 for the first violation, $10,000 for the second violation and $15,000 for each subsequent violation. The penalty shall be paid to the prosecuting authority to be used to defray the operating expenses of investigating and prosecuting insurance fraud. The court may also award court costs and reasonable attorney fees to the prosecuting authority.
(2) Nothing in this subsection shall be construed to prohibit a prosecuting authority and the person accused of violating this section from entering into a written agreement in which that person does not admit or deny the charges but consents to payment of the civil penalty. A consent agreement may not be used in a subsequent civil or criminal proceeding, but notification thereof shall be made to the licensing authority if the person is licensed by a licensing authority of the Commonwealth so that the licensing authority may take appropriate administrative action. Penalties paid under this section shall be deposited into the Insurance Fraud Prevention Trust Fund created under the act of December 28, 1994 (P.L.1414, No.166), known as the Insurance Fraud Prevention Act.
(3) The imposition of any fine or other remedy under this section shall not preclude prosecution for a violation of the criminal laws of this Commonwealth.
(k) Insurance forms and verification of services.--
(1) All applications for insurance and all claim forms shall contain or have attached thereto the following notice:
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
(2) (Repealed).
(l) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Insurance policy." A document setting forth the terms and conditions of a contract of insurance or agreement for the coverage of health or hospital services.
"Insurer." A company, association or exchange defined by section 101 of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921; an unincorporated association of underwriting members; a hospital plan corporation; a professional health services plan corporation; a health maintenance organization; a fraternal benefit society; and a self-insured health care entity under the act of October 15, 1975 (P.L.390, No.111), known as the Health Care Services Malpractice Act.
"Person." An individual, corporation, partnership, association, joint-stock company, trust or unincorporated organization. The term includes any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, beneficial association and any other legal entity engaged or proposing to become engaged, either directly or indirectly, in the business of insurance, including agents, brokers, adjusters and health care plans as defined in 40 Pa.C.S. Chs. 61 (relating to hospital plan corporations), 63 (relating to professional health services plan corporations), 65 (relating to fraternal benefit societies) and 67 (relating to beneficial societies) and the act of December 29, 1972 (P.L.1701, No.364), known as the Health Maintenance Organization Act. For purposes of this section, health care plans, fraternal benefit societies and beneficial societies shall be deemed to be engaged in the business of insurance.
"Self-insured." Any person who is self-insured for any risk by reason of any filing, qualification process, approval or exception granted, certified or ordered by any department or agency of the Commonwealth.
"Statement." Any oral or written presentation or other evidence of loss, injury or expense, including, but not limited to, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X-ray, test result or computer-generated documents.
(Feb. 7, 1990, P.L.11, No.6, eff. 60 days; Dec. 19, 1990, P.L.1451, No.219, eff. imd.; Dec. 28, 1994, P.L.1408, No.165, eff. 60 days; July 6, 1995, P.L.242, No.28, eff. 60 days)
1995 Repeal. Act 28 repealed subsec. (k)(2).
References in Text. Chapter 65 of Title 40 (Insurance), referred to in this section, is repealed. The subject matter is now contained in Subarticle A of Article XXIV of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
The act of December 28, 1994 (P.L.1414, No.166), known as the Insurance Fraud Protection Act, referred to in subsec. (j)(2) was repealed by the act of December 6, 2002 (P.L.1183, No.147). The subject matter is now contained in Article XI of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
Cross References. Section 4117 is referred to in sections 911, 5708 of this title; section 3802 of Title 40 (Insurance); section 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 4118. Washing vehicle titles.
A person commits a felony of the third degree if, with intent to deceive anyone or with knowledge that the person is facilitating a deception to be perpetrated by anyone concerning the true mileage of a motor vehicle, the person makes or causes to be made an application for a certificate of title for a motor vehicle which includes materially false or fictitious information.
(Mar. 21, 1996, P.L.35, No.11, eff. 60 days)
1996 Amendment. Act 11 added section 4118.
§ 4119. Trademark counterfeiting.
(a) Offense defined.--Any person who knowingly and with intent to sell or to otherwise transfer for purposes of commercial advantage or private financial gain:
(1) manufactures;
(2) sells;
(3) offers for sale;
(4) displays;
(5) advertises;
(6) distributes; or
(7) transports
any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting.
(b) (Reserved).
(c) Penalties.--
(1) Except as provided in paragraphs (2) and (3), a violation of this section constitutes a misdemeanor of the first degree.
(2) A violation of this section constitutes a felony of the third degree if:
(i) the defendant has previously been convicted under this section; or
(ii) the violation involves more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000.
(3) A violation of this section constitutes a felony of the second degree if:
(i) the defendant has been previously convicted of two or more offenses under this section;
(ii) the violation involves the manufacture or production of items bearing counterfeit marks; or
(iii) the violation involves 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $10,000.
(d) Quantity or retail value.--The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services the defendant manufactures, sells, offers for sale, displays, advertises, distributes or transports.
(e) Fine.--Any person convicted under this section shall be fined in accordance with existing law or an amount up to three times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater.
(f) Seizure, forfeiture and disposition.--
(1) Any items bearing a counterfeit mark, any property constituting or derived from any proceeds obtained, directly or indirectly, as the result of an offense under this section and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, used in connection with a violation of this section shall be seized by a law enforcement officer.
(2) (i) All seized personal property and property constituting or derived from any proceeds referenced in paragraph (1) shall be forfeited in accordance with 42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive seizures) and 5808 (relating to exceptions).
(ii) Upon the conclusion of all criminal and civil forfeiture proceedings, the court shall order that forfeited items bearing or consisting of a counterfeit mark be destroyed or alternatively disposed of in another manner with the written consent of the trademark owners and the prosecuting attorney responsible for the charges.
(3) (i) If a person is convicted of an offense under this section, the court shall order the person to pay restitution to the trademark owner and to any other victim of the offense.
(ii) In determining the value of the property loss involving an offense against the trademark owner, a court shall grant restitution for all amounts, including expenses incurred by the trademark owner in the investigation and prosecution of the offense as well as the disgorgement of any profits realized by a person convicted of the offense.
(g) Evidence.--Any Federal or State certificate of registration shall be prima facie evidence of the facts stated therein.
(h) Remedies cumulative.--The remedies provided for in this section shall be cumulative to the other civil and criminal remedies provided by law.
(i) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Counterfeit mark." A spurious mark that meets all of the following:
(1) Is applied to, used or intended to be used in connection with an item or service.
(2) Is identical with or substantially indistinguishable from a mark registered and in use in this Commonwealth, any other state or on the principal register in the United States Patent and Trademark Office, whether or not the person knew the mark was registered.
(3) The application of which is either:
(i) likely to cause confusion, to cause mistake or to deceive; or
(ii) otherwise intended to be used on or in connection with the item or service for which the mark is registered.
"Item." Any of the following:
(1) Goods.
(2) Labels.
(3) Patches.
(4) Fabric.
(5) Stickers.
(6) Wrappers.
(7) Badges.
(8) Emblems.
(9) Medallions.
(10) Charms.
(11) Boxes.
(12) Containers.
(13) Cans.
(14) Cases.
(15) Hangtags.
(16) Documentation.
(17) Packaging.
(18) Any other components of a type or nature that are designed, marketed or otherwise intended to be used on or in connection with any goods or services.
"Retail value." One of the following:
(1) The counterfeiter's regular selling price for the item or service bearing or identified by a counterfeit mark, except that it shall be the retail price of the authentic counterpart if the item or service bearing or identified by a counterfeit mark would appear to a reasonably prudent person to be authentic. If no authentic reasonably similar counterpart exists, the retail value shall be the counterfeiter's regular selling price.
(2) If the items bearing a counterfeit mark are components of a finished product, the retail value shall be treated as if each component were a finished good and valued under paragraph (1).
(Oct. 16, 1996, P.L.715, No.128, eff. 60 days; Oct. 19, 2010, P.L.517, No.74, eff. 60 days; June 29, 2017, P.L.247, No.13, eff. July 1, 2017)
2017 Amendment. Act 13 amended subsec. (f)(2)(i).
Cross References. Section 4119 is referred to in sections 5803, 5808 of Title 42 (Judiciary and Judicial Procedure).
§ 4120. Identity theft.
(a) Offense defined.--A person commits the offense of identity theft of another person if he possesses or uses, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose.
(b) Separate offenses.--Each time a person possesses or uses identifying information in violation of subsection (a) constitutes a separate offense under this section. However, the total values involved in offenses under this section committed pursuant to one scheme or course of conduct, whether from the same victim or several victims, may be aggregated in determining the grade of the offense.
(c) Grading.--The offenses shall be graded as follows:
(1) Except as otherwise provided in paragraph (2), an offense under subsection (a) falls within the following classifications depending on the value of any property or services obtained by means of the identifying information:
(i) if the total value involved is less than $2,000, the offense is a misdemeanor of the first degree;
(ii) if the total value involved was $2,000 or more, the offense is a felony of the third degree;
(iii) regardless of the total value involved, if the offense is committed in furtherance of a criminal conspiracy as defined in section 903 (relating to criminal conspiracy), the offense is a felony of the third degree; or
(iv) regardless of the total value involved, if the offense is a third or subsequent offense under this section, the offense is a felony of the second degree.
(2) When a person commits an offense under subsection (a) and the victim of the offense is 60 years of age or older, a care-dependent person as defined in section 2713 (relating to neglect of care-dependent person) or an individual under 18 years of age, the grading of the offense shall be one grade higher than specified in paragraph (1).
(d) Concurrent jurisdiction to prosecute.--In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of such violations involving more than one county of this Commonwealth or another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and if any such challenge is made, the challenge shall be dismissed and no relief shall be made available in the courts of this Commonwealth to the person making the challenge.
(e) Use of police reports.--A report to a law enforcement agency by a person stating that the person's identifying information has been lost or stolen or that the person's identifying information has been used without the person's consent shall be prima facie evidence that the identifying information was possessed or used without the person's consent.
(e.1) Venue.--Any offense committed under subsection (a) may be deemed to have been committed at any of the following:
(1) The place where a person possessed or used the identifying information of another without the other's consent to further any unlawful purpose.
(2) The residence of the person whose identifying information has been lost or stolen or has been used without the person's consent.
(3) The business or employment address of the person whose identifying information has been lost or stolen or has been used without the person's consent, if the identifying information at issue is associated with the person's business or employment.
(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Document." Any writing, including, but not limited to, birth certificate, Social Security card, driver's license, nondriver government-issued identification card, baptismal certificate, access device card, employee identification card, school identification card or other identifying information recorded by any other method, including, but not limited to, information stored on any computer, computer disc, computer printout, computer system, or part thereof, or by any other mechanical or electronic means.
"Identifying information." Any document, photographic, pictorial or computer image of another person, or any fact used to establish identity, including, but not limited to, a name, birth date, Social Security number, driver's license number, nondriver governmental identification number, telephone number, checking account number, savings account number, student identification number, employee or payroll number or electronic signature.
(May 22, 2000, P.L.102, No.21, eff. 60 days; June 19, 2002, P.L.430, No.62, eff. 60 days; Nov. 27, 2013, P.L.1080, No.97, eff. 60 days)
2013 Amendment. Act 97 amended subsec. (c)(2).
2002 Amendment. Act 62 amended subsecs. (a), (b), (c) and (f) and added subsec. (e.1).
2000 Amendment. Act 21 added section 4120.
Cross References. Section 4120 is referred to in sections 1107.1, 3311 of this title; section 8315 of Title 42 (Judiciary and Judicial Procedure).
§ 4121. Possession and use of unlawful devices.
(a) Offense defined.--A person commits an offense if:
(1) The person, with the intent to defraud another person:
(i) uses a device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a payment card or possesses a device capable of doing so; or
(ii) places information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a payment card onto the computer chip, magnetic strip or stripe or other storage mechanism of a different card or possesses a device capable of doing so.
(2) The person knowingly possesses, sells or delivers a device which is designed to read and store in the device's internal memory information encoded on a computer chip, magnetic strip or stripe or other storage mechanism of a payment card other than for the purpose of processing the information to facilitate a financial transaction.
(b) Grading.--
(1) A first offense under subsection (a) constitutes a felony of the third degree.
(2) A second or subsequent offense under subsection (a) constitutes a felony of the second degree.
(c) 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:
"Payment card." A credit card, a charge card, a debit card or another card which is issued to an authorized card user to purchase or obtain goods, services, money or another thing of value.
(June 28, 2018, P.L.425, No.60, eff. 60 days)
2018 Amendment. Act 60 added section 4121.