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ARTICLE F

OFFENSES AGAINST PUBLIC ORDER

AND DECENCY

 

Chapter

55.  Riot, Disorderly Conduct and Related Offenses

57.  Wiretapping and Electronic Surveillance

59.  Public Indecency

 

 

CHAPTER 55

RIOT, DISORDERLY CONDUCT AND

RELATED OFFENSES

 

Subchapter

A.  Definition of Offenses Generally

B.  Cruelty to Animals

 

Enactment.  Chapter 55 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 55 is referred to in section 2101 of Title 5 (Athletics and Sports)

 

 

SUBCHAPTER A

DEFINITION OF OFFENSES GENERALLY

 

Sec.

5501.  Riot.

5502.  Failure of disorderly persons to disperse upon official order.

5503.  Disorderly conduct.

5504.  Harassment and stalking by communication or address (Repealed).

5505.  Public drunkenness and similar misconduct.

5506.  Loitering and prowling at night time.

5507.  Obstructing highways and other public passages.

5508.  Disrupting meetings and processions.

5509.  Desecration, theft or sale of venerated objects.

5510.  Abuse of corpse.

5511.  Cruelty to animals (Repealed).

5511.1. Live animals as prizes prohibited (Repealed).

5511.2. Police animals (Repealed).

5511.3. Assault with a biological agent on animal, fowl or honey bees (Repealed).

5512.  Lotteries, etc.

5513.  Gambling devices, gambling, etc.

5514.  Pool selling and bookmaking.

5515.  Prohibiting of paramilitary training.

5516.  Facsimile weapons of mass destruction.

5517.  Unauthorized school bus entry.

 

Subchapter Heading.  The heading of Subchapter A was added June 28, 2017, P.L.215, No.10, effective in 60 days.

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§ 5501.  Riot.

A person is guilty of riot, a felony of the third degree, if he participates with two or more others in a course of disorderly conduct:

(1)  with intent to commit or facilitate the commission of a felony or misdemeanor;

(2)  with intent to prevent or coerce official action; or

(3)  when the actor or any other participant to the knowledge of the actor uses or plans to use a firearm or other deadly weapon.

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Cross References.  Section 5501 is referred to in section 6105 of this title; section 3304 of Title 5 (Athletics and Sports).

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§ 5502.  Failure of disorderly persons to disperse upon official order.

Where three or more persons are participating in a course of disorderly conduct which causes or may reasonably be expected to cause substantial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a misdemeanor of the second degree.

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§ 5503.  Disorderly conduct.

(a)  Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1)  engages in fighting or threatening, or in violent or tumultuous behavior;

(2)  makes unreasonable noise;

(3)  uses obscene language, or makes an obscene gesture; or

(4)  creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

(b)  Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c)  Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.

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Cross References.  Section 5503 is referred to in section 3019 of this title; section 12432 of Title 11 (Cities); sections 3573, 6328, 8902 of Title 42 (Judiciary and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole).

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§ 5504.  Harassment and stalking by communication or address (Repealed).

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2002 Repeal.  Section 5504 was repealed December 9, 2002 (P.L.1759, No.218), effective in 60 days.

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§ 5505.  Public drunkenness and similar misconduct.

A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol or a controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the lawful order of a practitioner, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. A person convicted of violating this section may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.

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(June 18, 1999, P.L.67, No.8, eff. 60 days; Oct. 25, 2012, P.L.1663, No.205, eff. 60 days)

 

2012 Amendment.  Section 2 of Act 205 provided that the amendment of section 5505 shall apply to offenses committed on or after the effective date of section 2.

Cross References.  Section 5505 is referred to in sections 3573, 8902 of Title 42 (Judiciary and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole).

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§ 5506.  Loitering and prowling at night time.

Whoever at night time maliciously loiters or maliciously prowls around a dwelling house or any other place used wholly or in part for living or dwelling purposes, belonging to or occupied by another, is guilty of a misdemeanor of the third degree.

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Cross References.  Section 5506 is referred to in section 3019 of this title; section 6328 of Title 42 (Judiciary and Judicial Procedure).

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§ 5507.  Obstructing highways and other public passages.

(a)  Obstructing.--A person, who, having no legal privilege to do so, intentionally or recklessly obstructs any highway, railroad track or public utility right-of-way, sidewalk, navigable waters, other public passage, whether alone or with others, commits a summary offense, or, in case he persists after warning by a law officer, a misdemeanor of the third degree. No person shall be deemed guilty of an offense under this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering.

(b)  Refusal to move on.--

(1)  A person in a gathering commits a summary offense if he refuses to obey a reasonable official request or order to move:

(i)  to prevent obstruction of a highway or other public passage; or

(ii)  to maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.

(2)  An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.

(c)  Definition.--As used in this section the word "obstructs" means renders impassable without unreasonable inconvenience or hazard.

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Cross References.  Section 5507 is referred to in sections 3019, 3065 of this title; section 8902 of Title 42 (Judiciary and Judicial Procedure).

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§ 5508.  Disrupting meetings and processions.

A person commits a misdemeanor of the third degree if, with intent to prevent or disrupt a lawful meeting, procession or gathering, he disturbs or interrupts it.

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§ 5509.  Desecration, theft or sale of venerated objects.

(a)  Offense defined.--A person commits a misdemeanor of the second degree if he:

(1)  intentionally desecrates any public monument or structure, or place of worship or burial;

(2)  intentionally desecrates any other object of veneration by the public or a substantial segment thereof in any public place;

(3)  sells, attempts to sell or removes with intent to sell a veteran's marker as described in section 1913 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code. This paragraph shall not apply to the sale of veterans' markers authorized by statute; or

(4)  intentionally receives, retains or disposes of a veteran's marker or item decorating a veteran's grave knowing that the item has been stolen, or believing that it has probably been stolen, unless it has been received, retained or disposed of with the intent to return it to the owner.

(a.1)  Historic burial lots and burial places.--A person commits a misdemeanor of the first degree if the person intentionally desecrates a historic burial lot or historic burial place.

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

"Desecrate."  Defacing, damaging, polluting or otherwise physically mistreating in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover the action.

"Historic burial lot."  An individual burial site within a historic burial place.

"Historic burial place."  A tract of land which has been:

(1)  in existence as a burial ground for more than 100 years; or

(2)  listed in or eligible for the National Register of Historic Places as determined by the Pennsylvania Historical and Museum Commission.

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(May 4, 2001, P.L.3, No.3, eff. 60 days; Dec. 16, 2003, P.L.233, No.41, eff. 60 days; Oct. 9, 2008, P.L.1419, No.116, 60 days)

 

2008 Amendment.  Section 2 of Act 116 provided that the amendment of section 5509 shall apply to offenses committed on or after the effective date of section 2.

2003 Amendment.  Section 2 of Act 41 provided that the amendment of section 5509 shall apply to offenses committed on or after the effective date of Act 41.

Cross References.  Section 5509 is referred to in section 3307 of this title.

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§ 5510.  Abuse of corpse.

Except as authorized by law, a person who treats a corpse in a way that he knows would outrage ordinary family sensibilities commits a misdemeanor of the second degree.

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Cross References.  Section 5510 is referred to in sections  9122.1, 9122.3 of this title; section 2303 of Title 44 (Law and Justice).

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§ 5511.  Cruelty to animals (Repealed).

 

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2017 Repeal.  Section 5511 was repealed June 28, 2017, P.L.215, No.10, effective in 60 days.

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§ 5511.1.  Live animals as prizes prohibited (Repealed).

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2017 Repeal.  Section 5511.1 was repealed June 28, 2017, P.L.215, No.10, effective in 60 days.

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§ 5511.2.  Police animals (Repealed).

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2017 Repeal.  Section 5511.2 was repealed June 28, 2017, P.L.215, No.10, effective in 60 days.

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§ 5511.3.  Assault with a biological agent on animal, fowl or honey bees (Repealed).

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2017 Repeal.  Section 5511.3 was repealed June 28, 2017, P.L.215, No.10, effective in 60 days.

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§ 5512.  Lotteries, etc.

(a)  Status of activity.--All unlawful lotteries or numbers games are hereby declared to be common nuisances. Every transfer of property which shall be in pursuance of any unlawful lottery or numbers game is hereby declared to be invalid and void.

(b)  Offense defined.--A person is guilty of a misdemeanor of the first degree if he:

(1)  sets up, or maintains, any lottery or numbers game;

(2)  manufactures or prints, or sells, exposes for sale or has in his possession with intent to sell any unlawful lottery or numbers ticket or share, or any writing, token or other device purporting or intending to entitle the holder or bearer, or any other person, to any prize to be drawn or obtained in any lottery, or numbers game; or

(3)  publishes any advertisement of any lottery or numbers game.

(c)  Status of purchaser.--The purchaser of any such ticket, or device, shall not be liable to any prosecution or penalty arising out of this crime, and shall in all respects be a competent witness to prove the offense.

(d)  Definition.--As used in this section the term "unlawful" means not specifically authorized by law.

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Cross References.  Section 5512 is referred to in sections 911, 5708 of this title; section 341 of Title 4 (Amusements); section 3304 of Title 5 (Athletics and Sports); section 5552 of Title 42 (Judiciary and Judicial Procedure).

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§ 5513.  Gambling devices, gambling, etc.

(a)  Offense defined.--A person is guilty of a misdemeanor of the first degree if he:

(1)  intentionally or knowingly makes, assembles, sets up, maintains, sells, lends, leases, gives away, or offers for sale, loan, lease or gift, any punch board, drawing card, slot machine or any device to be used for gambling purposes, except playing cards;

(2)  allows persons to collect and assemble for the purpose of unlawful gambling at any place under his control;

(3)  solicits or invites any person to visit any unlawful gambling place for the purpose of gambling; or

(4)  being the owner, tenant, lessee or occupant of any premises, knowingly permits or suffers the same, or any part thereof, to be used for the purpose of unlawful gambling.

(a.1)  Electronic video monitor.--A person commits a misdemeanor of the first degree if he owns, operates, maintains, places into operation or has a financial interest in an electronic video monitor or business that owns, operates, maintains or places into operation or has a financial interest in an electronic video monitor:

(1)  which is offered or made available to persons to play or participate in a simulated gambling program for direct or indirect consideration, including consideration associated with a related product, service or activity; and

(2)  for which the person playing the simulated gambling program may become eligible for a cash or cash-equivalent prize, whether or not the eligibility for or value of the cash or cash-equivalent prize is determined by or has any relationship to the outcome of or play of the simulated gambling program.

(b)  Confiscation of gambling devices.--Any gambling device possessed or used in violation of the provisions of subsection (a) shall be seized and forfeited to the Commonwealth. The forfeiture shall be conducted 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).

(c)  Antique slot machines.--

(1)  A slot machine shall be established as an antique slot machine if the defendant shows by a preponderance of the evidence that it was manufactured at least 25 years before the current year and that it was not used or attempted to be used for any unlawful purposes. Notwithstanding subsection (b), no antique slot machine seized from any defendant shall be destroyed or otherwise altered until the defendant is given an opportunity to establish that the slot machine is an antique slot machine. After a final court determination that the slot machine is an antique slot machine, the slot machine shall be returned pursuant to the provisions of law providing for the return of property; otherwise, the slot machine shall be destroyed.

(2)  It is the purpose of this subsection to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes.

(d)  Shipbuilding business.--Notwithstanding any other provisions of this section, a person may construct, deliver, convert or repair a vessel that is equipped with gambling devices if all of the following conditions are satisfied:

(1)  The work performed on the vessel is ordered by a customer who uses or possesses the vessel outside of this Commonwealth in a locality where the use or possession of the gambling devices on the vessel is lawful.

(2)  The work performed on the vessel that is equipped with gambling devices is performed at a shipbuilding or repair yard located within a port facility under the jurisdiction of any port authority organized under the act of December 6, 1972 (P.L.1392, No.298), known as the Third Class City Port Authority Act.

(3)  The person provides the Office of Attorney General, prior to the importation of the gambling devices into this Commonwealth, records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel.

(4)  The person stores the gambling devices at a secured location and permits any person authorized to enforce the gambling laws to inspect the location where the gambling devices are stored and records relating to the storage of the gambling devices.

(5)  If the person removes used gambling devices from a vessel, the person shall provide the Office of Attorney General of Pennsylvania with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer.

(6)  The person submits documentation to the Office of Attorney General of Pennsylvania no later than 30 days after the date of delivery that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel.

(7)  The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this Commonwealth in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the Office of Attorney General of Pennsylvania no later than 30 days after the date of delivery that the gambling device has been delivered to the customer.

(e)  Penalty.--Any person who fails to provide records as provided in subsection (d) commits a summary offense.

(e.1)  Construction.--Nothing in this section shall be construed to prohibit any activity that is lawfully conducted under any of the following:

(1)  The act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law.

(2)  The act of July 10, 1981 (P.L.214, No.67), known as the Bingo Law.

(3)  The act of December 19, 1988 (P.L.1262, No.156), known as the Local Option Small Games of Chance Act.

(4)  4 Pa.C.S. (relating to amusements).

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

"Consideration associated with a related product, service or activity."  Money or other value collected for a product, service or activity which is offered in any direct or indirect relationship to playing or participating in the simulated gambling program. The term includes consideration paid for computer time, Internet time, telephone calling cards and a sweepstakes entry.

"Electronic video monitor."  An electronic device capable of showing moving or still images.

"Simulated gambling program."  Any method intended to be used by a person interacting with an electronic video monitor in a business establishment that directly or indirectly implements the predetermination of sweepstakes cash or cash-equivalent prizes or otherwise connects the sweepstakes player or participant with the cash or cash-equivalent prize.

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(July 1, 1978, P.L.572, No.103, eff. 30 days; July 11, 1996, P.L.552, No.98, eff. imd.; May 16, 2002, P.L.325, No.48, eff. 60 days; June 30, 2012, P.L.682, No.81, eff. imd.; June 29, 2017, P.L.247, No.13, eff. July 1, 2017)

 

2017 Amendment.  Act 13 amended subsec. (b).

2012 Amendment.  Act 81 amended subsec. (f) and added subsecs. (a.1) and (e.1).

2004 Partial Repeal.  Section 1903(a)(2) of Title 4 (relating to amusements), which was added by Act 71 of 2004, provided that subsec. (a) is repealed insofar as it is inconsistent with Part II of Title 4.

2002 Amendment.  Act 48 amended subsec. (c).

1996 Amendment.  Act 98 added subsecs. (d), (e) and (f).

1981 Partial Repeal.  Section 9 of the act of July 10, 1981 (P.L.214, No.67), known as the Bingo Law, repealed Title 18 to the extent that it is inconsistent with Act 67.

Cross References.  Section 5513 is referred to in sections 911, 5708 of this title; sections 341, 1903 of Title 4 (Amusements); section 3304 of Title 5 (Athletics and Sports); sections 5552, 5803 of Title 42 (Judiciary and Judicial Procedure).

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§ 5514.  Pool selling and bookmaking.

A person is guilty of a misdemeanor of the first degree if he:

(1)  engages in pool selling or bookmaking;

(2)  occupies any place for the purpose of receiving, recording or registering bets or wagers, or of selling pools;

(3)  receives, records, registers, forwards, or purports or pretends to forward, to another, any bet or wager upon the result of any political nomination, appointment or election, or upon any contest of any nature;

(4)  becomes the custodian or depository, for gain or ward, of any property staked, wagered or pledged, or to be staked, wagered, or pledged upon any such result; or

(5)  being the owner, lessee, or occupant of any premises, knowingly permits or suffers the same, to be used or occupied for any of such purposes.

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Cross References.  Section 5514 is referred to in sections 911, 5708 of this title; sections 341, 13C71 of Title 4 (Amusements); section 3304 of Title 5 (Athletics and Sports); section 5552 of Title 42 (Judiciary and Judicial Procedure).

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§ 5515.  Prohibiting of paramilitary training.

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

"Civil disorder."  Any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.

"Explosive or incendiary device."  Includes:

(1)  dynamite and all other forms of high explosives;

(2)  any explosive bomb, grenade, missile or similar device; and

(3)  any incendiary bomb or grenade, fire bomb or similar device, including any device which:

(i)  consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound; and

(ii)  can be carried or thrown by one individual acting alone.

"Firearm."  Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

"Law enforcement officer."  Any officer or employee of the United States, any state, any political subdivision of a state or the District of Columbia and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in 10 U.S.C. § 101(9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico or the District of Columbia, not included within the definition of National Guard as defined by 10 U.S.C. § 101(9) and members of the armed forces of the United States.

(b)  Prohibited training.--

(1)  Whoever teaches or demonstrates to any other person the use, application or making of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, knowing or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder commits a misdemeanor of the first degree.

(2)  Whoever assembles with one or more persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, said person intending to employ unlawfully the same for use in or in furtherance of a civil disorder commits a misdemeanor of the first degree.

(c)  Exemptions.--Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.

(d)  Excluded activities.--Nothing contained in this section shall make unlawful any activity of the Game Commission, Fish and Boat Commission, or any law enforcement agency, or any hunting club, rifle club, rifle range, pistol range, shooting range or other program or individual instruction intended to teach the safe handling or use of firearms, archery equipment or other weapons or techniques employed in connection with lawful sports or other lawful activities.

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(June 11, 1982, P.L.476, No.138, eff. 180 days; Mar. 19, 1992, P.L.18, No.7, eff. imd.)

 

1992 Amendment.  Act 7 amended subsec. (d).

1982 Amendment.  Act 138 added section 5515.

Cross References.  Section 5515 is referred to in sections 4906, 6105, 6120, 9122.1, 9122.3 of this title; section 9720.6 of Title 42 (Judiciary and Judicial Procedure).

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§ 5516.  Facsimile weapons of mass destruction.

(a)  Offense defined.--A person commits an offense if the person intentionally, knowingly or recklessly manufactures, sells, purchases, transports or causes another to transport, delivers or causes another to deliver, possesses or uses a facsimile weapon of mass destruction and by such action causes any of the following:

(1)  Terrifying, intimidating, threatening or harassing an individual.

(2)  Alarm or reaction on the part of any of the following:

(i)  A public or volunteer organization that deals with emergencies involving danger to life or property.

(ii)  A law enforcement organization.

(3)  Serious public inconvenience not limited to the evacuation of a building, place of assembly or facility of public transportation.

(b)  Grading.--An offense under this section is a felony of the third degree.

(b.1)  Restitution.--A person convicted of violating this section shall, in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing generally), be sentenced to pay restitution in an amount equal to the cost of the evacuation, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly or facility.

(b.2)  Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.

(b.3)  Enforcement.--

(1)  In addition to the authority conferred upon the Attorney General under sections 205 and 206 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General has the authority to investigate and to institute criminal proceedings for a violation of this section committed:

(i)  anywhere in this Commonwealth;

(ii)  in different counties; or

(iii)  in this Commonwealth and another jurisdiction.

(2)  Each district attorney has the authority to investigate and to institute criminal proceedings for a violation of this section.

(b.4)  Jurisdiction.--No person charged with a violation of this section shall have standing to challenge the authority of the Attorney General under subsection (g)(1). If a challenge is made in violation of this subsection, the challenge shall be dismissed, and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

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

"Facsimile biological agent."  A material or substance which:

(1)  resembles in appearance and external qualities a natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or microorganism which causes infections, disease or bodily harm; but

(2)  does not have the capacity to cause infectious disease or bodily harm.

"Facsimile bomb."  A device which:

(1)  resembles in appearance and external qualities an explosive or incendiary device; but

(2)  does not have the capability to cause an explosion or fire.

"Facsimile chemical agent."  A material or substance which does not have the capacity to cause death or bodily harm but which resembles in appearance and external qualities any of the following:

(1)  A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX.

(2)  A choking agent, including phosgene (CG) and diphosgene (DP).

(3)  A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine (SA).

(4)  A blister agent. This paragraph includes:

(i)  Mustard (H).

(ii)  Sulfur mustard (HD).

(iii)  HN-1.

(iv)  HN-2.

(v)  Nitrogen mustard (HN-3).

(vi)  An arsenical, such as lewisite (L).

(vii)  An urticant, such as CX.

(viii)  An incapacitating agent, such as B2.

(5)  Any other chemical element or compound which causes death or bodily harm.

"Facsimile nuclear agent."  A device, material or substance which:

(1)  resembles in appearance and external qualities a radioactive material; but

(2)  is not radioactive.

"Facsimile weapon of mass destruction."  A facsimile biological agent, facsimile bomb, facsimile chemical agent or facsimile nuclear agent.

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(Oct. 31, 1997, P.L.491, No.50, eff. 60 days; June 28, 2002, P.L.481, No.82, eff. 60 days)

 

Cross References.  Section 5516 is referred to in sections 5708, 6105 of this title.

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§ 5517.  Unauthorized school bus entry.

(a)  Offense defined.--A person who enters a school bus without prior authorization of the driver or a school official with intent to commit a crime or disrupt or interfere with the driver or a person who enters a school bus without prior authorization of the driver or a school official who refuses to disembark after being ordered to do so by the driver commits a misdemeanor of the third degree.

(b)  Notice.--A school district may place a notice at the entrance of the school bus that warns against unauthorized entry.

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(June 11, 1998, P.L.460, No.65, eff. 60 days)

 

1998 Amendment.  Act 65 added section 5517.

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SUBCHAPTER B

CRUELTY TO ANIMALS

 

Sec.

5531.  Definitions.

5532.  Neglect of animal.

5533.  Cruelty to animal.

5534.  Aggravated cruelty to animal.

5535.  Attack of service, guide or support dog.

5536.  Tethering of unattended dog.

5537.  Selling or using disabled horse.

5538.  Transporting animals in cruel manner.

5539.  Transporting equine animals in cruel manner.

5540.  Hours of labor of animals.

5541.  Cruelty to cow to enhance appearance of udder.

5542.  Animal mutilation and related offenses.

5543.  Animal fighting.

5544.  Possession of animal fighting paraphernalia.

5545.  Killing homing pigeons.

5546.  Skinning of and selling or buying pelts of dogs and cats.

5547.  Live animals as prizes prohibited.

5548.  Police animals.

5549.  Assault with a biological agent on animal, fowl or honey bees.

5550.  Fine and term of imprisonment for summary offense.

5551.  Power to initiate criminal proceedings.

5552.  Seizure of animals kept or used for animal fighting.

5553.  Search warrants.

5554.  Forfeiture.

5555.  Prohibition of ownership.

5556.  Civil immunity for licensed doctors of veterinary medicine, technicians and assistants.

5557.  Civil immunity for humane society police officers.

5558.  Representation of humane society by attorney.

5559.  Construction of subchapter.

5560.  Exemption of normal agricultural operations.

5561.  Nonapplicability of subchapter.

 

Enactment.  Subchapter B was added June 28, 2017, P.L.215, No.10, effective in 60 days.

Cross References.  Subchapter B is referred to in sections 9318, 9323 of Title 3 (Agriculture); sections 3702, 3705, 3708, 3710, 3716 of Title 22 (Detectives and Private Police); section 2385 of Title 34 (Game and Wildlife); section 3573 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice).

18c5531s

§ 5531.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Accelerant detection dog."  A dog that is trained for accelerant detection, commonly referred to as arson canines.

"Animal fighting."  Fighting or baiting a bull, bear, dog, cock or other creature.

"Animal fighting paraphernalia."  A device, implement, object or drug used or intended to be used for animal fighting, to train an animal for animal fighting or in furtherance of animal fighting. In determining whether an object is animal fighting paraphernalia, a court or other authority should consider the following:

(1)  Statements by an owner or by an individual in control of the object concerning its use.

(2)  A prior conviction under Federal or State law relating to animal fighting.

(3)  The proximity of the object in time and space to the direct violation of this subchapter.

(4)  Direct or circumstantial evidence of the intent of the accused to deliver the object to persons whom the accused knows or should reasonably know intends to use the object to facilitate a violation of this subchapter.

(5)  Oral or written instructions provided with or in the vicinity of the object concerning the object's use.

(6)  Descriptive materials accompanying the object which explain or depict the object's use.

(7)  All other logically relevant factors.

"Audibly impaired."  The inability to hear air conduction thresholds at an average of 40 decibels or greater in the better ear.

"Blind."  Having a visual acuity of 20/200 or less in the better eye with correction or having a limitation of the field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.

"Bodily injury."  Impairment of physical condition or substantial pain.

"Bomb detection dog."  A dog that is trained to locate a bomb or explosives by scent.

"Certified veterinary technician."  As defined in section 3(13) of the act of December 27, 1974 (P.L.995, No.326), known as the Veterinary Medicine Practice Act.

"Conveyance."  A truck, tractor, trailer or semitrailer, or a combination of these, propelled or drawn by mechanical power.

"Deaf."  Totally impaired hearing or hearing with or without amplification which is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling or reading.

"Domestic animal."  A dog, cat, equine animal, bovine animal, sheep, goat or porcine animal.

"Domestic fowl."  An avis raised for food, hobby or sport.

"Equine animal."  A member of the Equidae family, which includes horses, asses, mules, ponies and zebras.

"Humane society police officer."  As defined in 22 Pa.C.S. § 3702 (relating to definitions).

"Licensed doctor of veterinary medicine."  As defined in section 3(8) of the Veterinary Medicine Practice Act.

"Narcotic detection dog."  A dog that is trained to locate narcotics by scent.

"Normal agricultural operation."  Normal activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products in the production and harvesting of agricultural, agronomic, horticultural, silvicultural and aquicultural crops and commodities.

"Physically limited."  Having limited ambulation, including, but not limited to, a temporary or permanent impairment or condition that causes an individual to use a wheelchair or walk with difficulty or insecurity, affects sight or hearing to the extent that an individual is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination or perceptiveness.

"Police animal."  An animal, including, but not limited to, dogs and horses, used by the Pennsylvania State Police, a police department created by a metropolitan transportation authority operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan transportation authorities), a police department created under the act of April 6, 1956 (1955 P.L.1414, No.465), known as the Second Class County Port Authority Act, the Capitol Police, the Department of Corrections, a county facility or office or by a municipal police department, fire department, search and rescue unit or agency or handler under the supervision of the department, search and rescue unit or agency in the performance of the functions or duties of the department, search and rescue unit or agency, whether the animal is on duty or not on duty. The term shall include, but not be limited to, an accelerant detection dog, bomb detection dog, narcotic detection dog, search and rescue dog and tracking animal.

"Search and rescue dog."  A dog that is trained to locate lost or missing persons, victims of natural or manmade disasters and human bodies.

"Serious bodily injury."  Bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

"Service, guide or support dog."  A dog that is trained or is being trained to work or perform tasks for the benefit of an individual with a disability consistent with Federal and State law related to service animals.

"Torture."  Any of the following acts directed toward or against an animal unless directed to be performed by a licensed doctor of veterinary medicine acting within the normal scope of practice:

(1)  Breaking, severing or severely impairing limbs.

(2)  Inflicting severe and prolonged pain from burning, crushing or wounding.

(3)  Causing or allowing severe and prolonged pain through prolonged deprivation of food or sustenance without veterinary care.

"Tracking animal."  An animal that is trained to track or used to pursue a missing person, escaped inmate or fleeing felon.

"Veterinary assistant."  As defined in section 3(14) of the Veterinary Medicine Practice Act.

18c5531v

(Oct. 24, 2018, P.L.685, No.104, eff. 60 days)

 

2018 Amendment.  Act 104 added the def. of "service, guide or support dog."

Cross References.  Section 5531 is referred to in section 7325 of this title.

18c5532s

§ 5532.  Neglect of animal.

(a)  Offense defined.--A person commits an offense if the person fails to provide for the basic needs of each animal to which the person has a duty of care, whether belonging to himself or otherwise, including any of the following:

(1)  Necessary sustenance and potable water.

(2)  Access to clean and sanitary shelter and protection from the weather. The shelter must be sufficient to permit the animal to retain body heat and keep the animal dry.

(3)  Necessary veterinary care.

(b)  Grading.--

(1)  Except as set forth in paragraph (2), a violation of this section is a summary offense.

(2)  If the violation causes bodily injury to the animal or places the animal at imminent risk of serious bodily injury, a violation of this section is a misdemeanor of the third degree.

18c5532v

(Oct. 24, 2018, P.L.685, No.104, eff. 60 days)

 

2018 Amendment.  Act 104 amended subsec. (a).

Cross References.  Section 5532 is referred to in sections 5534, 5536, 5560 of this title.

18c5533s

§ 5533.  Cruelty to animal.

(a)  Offense defined.--A person commits an offense if the person intentionally, knowingly or recklessly illtreats, overloads, beats, abandons or abuses an animal.

(b)  Grading.--

(1)  Except as set forth in paragraph (2), a violation of this section is a summary offense.

(2)  If the violation causes bodily injury to the animal or places the animal at imminent risk of serious bodily injury, a violation of this section is a misdemeanor of the second degree.

18c5533v

 

Cross References.  Section 5533 is referred to in sections 5534, 5542, 5560, 9122.3 of this title; section 6138 of Title 61 (Prisons and Parole).

18c5534s

§ 5534.  Aggravated cruelty to animal.

(a)  Offense defined.--A person commits an offense if the person intentionally or knowingly does any of the following:

(1)  Tortures an animal.

(2)  Violates section 5532 (relating to neglect of animal) or 5533 (relating to cruelty to animal) causing serious bodily injury to the animal or the death of the animal.

(b)  Grading.--A violation of this section is a felony of the third degree.

18c5534v

 

Cross References.  Section 5534 is referred to in section 5560 of this title.

18c5535s

§ 5535.  Attack of service, guide or support dog.

(a)  Offense defined.--A person commits a misdemeanor of the third degree if the person is the owner of a dog that kills, maims or disfigures a service, guide or support dog of an individual with a disability without provocation by the service, guide or support dog or the individual.

(b)  Culpability.--A person commits an offense under this section only if the person:

(1)  knew or should have known that the dog the person owns had a propensity to attack human beings or domestic animals without provocation; and

(2)  knowingly or recklessly failed to restrain the dog or keep the dog in a contained, secure manner.

(c)  Penalty.--A person convicted of violating this section shall be sentenced to pay a fine of not more than $5,000 and shall be ordered to make reparations for veterinary costs in treating the service, guide or support dog and, if necessary, the cost of obtaining and training a replacement service, guide or support dog.

(d)  Civil penalty and restitution.--

(1)  A person who is the owner of a dog that kills, maims or disfigures a service, guide or support dog of an individual with a disability shall be subject to paragraph (2) if both of the following apply:

(i)  The owner knew the dog had a propensity to attack human beings or domestic animals.

(ii)  The owner failed to restrain the dog or keep the dog in a contained, secure manner.

(2)  A court of common pleas may impose any of the following upon a person who is the owner of a dog under paragraph (1):

(i)  A civil penalty of up to $15,000.

(ii)  Reparations for veterinary costs in treating the service, guide or support dog and, if necessary, the cost of retraining the dog or of obtaining and training a replacement service, guide or support dog.

(iii)  Loss of income for the time the individual is unable to work due to the unavailability of the service, guide or support dog.

18c5535v

(Oct. 24, 2018, P.L.685, No.104, eff. 60 days)

18c5536s

§ 5536.  Tethering of unattended dog.

(a)  Presumptions.--

(1)  Tethering an unattended dog out of doors for less than nine hours within a 24-hour period when all of the following conditions are present shall create a rebuttable presumption that a dog has not been the subject of neglect within the meaning of section 5532 (relating to neglect of animal):

(i)  The tether is of a type commonly used for the size and breed of dog and is at least three times the length of the dog as measured from the tip of its nose to the base of its tail or 10 feet, whichever is longer.

(ii)  The tether is secured to a well-fitted collar or harness by means of a swivel anchor, swivel latch or other mechanism designed to prevent the dog from becoming entangled.

(iii)  The tethered dog has access to potable water and an area of shade that permits the dog to escape the direct rays of the sun.

(iv)  The dog has not been tethered for longer than 30 minutes in temperatures above 90 or below 32 degrees Fahrenheit.

(2)  The presence of any of the following conditions regarding tethering an unattended dog out of doors shall create a rebuttable presumption that a dog has been the subject of neglect within the meaning of section 5532:

(i)  Excessive waste or excrement in the area where the dog is tethered.

(ii)  Open sores or wounds on the dog's body.

(iii)  The use of a tow or log chain, or a choke, pinch, prong or chain collar.

(b)  Construction.--This section shall not be construed to prohibit any of the following:

(1)  Tethering a dog while actively engaged in lawful hunting, exhibition, performance events or field training.

(2)  Tethering a hunting, sporting or sledding dog breed where tethering is integral to the training, conditioning or purpose of the dog.

(3)  Tethering a dog in compliance with the requirements of a camping or recreational area.

(4)  Tethering a dog for a period of time, not to exceed one hour, reasonably necessary for the dog or person to complete a temporary task.

18c5536v

 

Cross References.  Section 5536 is referred to in section 5560 of this title.

18c5537s

§ 5537.  Selling or using disabled horse.

A person commits a summary offense if the person offers for sale or sells a horse, which by reason of debility, disease or lameness, or for other cause, could not be worked or used without violating the laws against cruelty to animals, or leads, rides, drives or transports any such horse for any purpose, except that of conveying the horse to the nearest available appropriate facility for humane keeping or destruction or for medical or surgical treatment.

18c5538s

§ 5538.  Transporting animals in cruel manner.

(a)  Offense defined.--A person commits a summary offense if the person carries, or causes or allows to be carried, in or upon any cart or other vehicle whatsoever an animal in a cruel or inhumane manner. The person taking the offender into custody may take charge of the animal and of the vehicle and the vehicle's contents, and deposit the same in a safe place of custody, and the necessary expenses that may be incurred for taking charge of and keeping the same, and sustaining the animal, shall be a lien thereon, to be paid before the same can lawfully be recovered, or the expenses or any part thereof remaining unpaid may be recovered by the person incurring the same from the owner of the animal in an action therefor.

(b)  Exception.--For the purposes of this section, it shall not be deemed cruel or inhumane to transport live poultry in crates so long as not more than 15 pounds of live poultry are allocated to each cubic foot of space in the crate.

18c5539s

§ 5539.  Transporting equine animals in cruel manner.

Notwithstanding any other provision of law, a person commits a summary offense for each equine animal if the person carries, or causes or allows to be carried, an equine animal in or upon a conveyance or other vehicle whatsoever with two or more levels stacked on top of one another. A person who violates this section on a second or subsequent occasion commits a misdemeanor of the third degree for each equine animal transported.

18c5540s

§ 5540.  Hours of labor of animals.

(a)  Offense defined.--A person commits a summary offense if the person leads, drives, rides or works or causes or permits another person to lead, drive, ride or work a horse, mule, ox or other animal, whether belonging to the person or in the person's possession or control, for more than 15 hours in a 24-hour period or more than 90 hours in one week.

(b)  Construction.--Nothing in this section shall be construed to warrant a person leading, driving, riding or walking an animal for a period less than 15 hours, when doing so shall in any way violate the laws against cruelty to animals.

18c5541s

§ 5541.  Cruelty to cow to enhance appearance of udder.

A person commits a summary offense if the person kneads or beats or pads the udder of a cow, or willfully allows it to go unmilked for a period of 24 hours or more, for the purpose of enhancing the appearance or size of the udder of the cow, or by a muzzle or any other device, prevents the cow's calf, if less than six weeks old, from obtaining nourishment, and thereby relieving the udder of the cow, for a period of 24 hours.

18c5542s

§ 5542.  Animal mutilation and related offenses.

(a)  Cropping of ear.--The following apply:

(1)  A person commits an offense under section 5533 (relating to cruelty to animal) if the person crops, trims or cuts off, or causes or procures to be cropped, trimmed or cut off, the whole or part of the ear or ears of a dog.

(2)  The provisions of this subchapter shall not prevent a licensed doctor of veterinary medicine from cropping, trimming or cutting off the whole or part of the ear or ears of a dog when the dog is anesthetized and shall not prevent a person from causing or procuring the cropping, trimming or cutting off of a dog's ear or ears by a licensed doctor of veterinary medicine.

(3)  The possession by a person of a dog with an ear or ears cropped, trimmed or cut off and with the wound or incision site resulting therefrom unhealed, or any such dog being found in the charge or custody of any person or confined upon the premises owned by or under the control of any person, shall be prima facie evidence of a violation by the person, except as provided for in this subsection.

(4)  A person who procures the cropping, trimming or cutting off of the whole or part of an ear or ears of a dog shall record the procedure. The record shall include the name of the attending licensed doctor of veterinary medicine and the date and location at which the procedure was performed. The record shall be kept as long as the wound or incision site is unhealed and shall be transferred with the dog during that period of time.

(b)  Debarking.--The following apply:

(1)  A person commits an offense under section 5533 if the person debarks a dog by cutting, causing or procuring the cutting of its vocal cords or by altering, causing or procuring the alteration of a part of its resonance chamber.

(2)  The provisions of this subchapter shall not prevent a licensed doctor of veterinary medicine from cutting the vocal cords or otherwise altering the resonance chamber of a dog when the dog is anesthetized and shall not prevent a person from causing or procuring a debarking procedure by a licensed doctor of veterinary medicine.

(3)  The possession by a person of a dog with the vocal cords cut or the resonance chamber otherwise altered and with the wound or incision site resulting therefrom unhealed, or any such dog being found in the charge or custody of a person or confined upon the premises owned by or under the control of a person, shall be prima facie evidence of a violation by the person, except as provided in this subsection.

(4)  A person who procures the cutting of vocal cords or the alteration of the resonance chamber of a dog shall record the procedure. The record shall include the name of the attending licensed doctor of veterinary medicine and the date and location at which the procedure was performed. The record shall be kept as long as the wound or incision site is unhealed and shall be transferred with the dog during that period of time.

(c)  Docking of tail.--The following apply:

(1)  A person commits an offense under section 5533 if the person docks, cuts off, causes or procures the docking or cutting off of the tail of a dog over five days old.

(2)  The provisions of this subchapter shall not prevent a licensed doctor of veterinary medicine from docking, cutting off or cropping the whole or part of the tail of a dog when the dog is at least 12 weeks of age and the procedure is performed using general anesthesia and shall not prevent a person from causing or procuring the cutting off or docking of a tail of a dog by a licensed doctor of veterinary medicine as provided in this subsection.

(3)  The provisions of this subchapter shall not prevent a licensed doctor of veterinary medicine from surgically removing, docking, cutting off or cropping the tail of a dog between five days and 12 weeks of age if, in the licensed doctor of veterinary medicine's professional judgment, the procedure is medically necessary for the health and welfare of the dog. If the procedure is performed, it shall be done in accordance with generally accepted standards of veterinary practice.

(4)  The possession by a person of a dog with a tail cut off or docked and with the wound or incision site resulting therefrom unhealed, or any such dog being found in the charge or custody of any person or confined upon the premises owned by or under the control of any person, shall be prima facie evidence of a violation by the person, except as provided in this subsection.

(5)  A person who procures the cutting off or docking of a tail of a dog shall record the procedure. The record shall include the name of the attending licensed doctor of veterinary medicine and the date and location at which the procedure was performed. The record shall be kept as long as the wound or incision site is unhealed and shall be transferred with the dog during that period of time.

(d)  Surgical birth.--The following apply:

(1)  A person commits an offense under section 5533 if the person surgically births or causes or procures a surgical birth.

(2)  The provisions of this subchapter shall not prevent a licensed doctor of veterinary medicine from surgically birthing a dog when the dog is anesthetized and shall not prevent a person from causing or procuring a surgical birthing by a licensed doctor of veterinary medicine.

(3)  The possession by a person of a dog with a wound or incision site resulting from a surgical birth unhealed, or any such dog being found in the charge or custody of a person or confined upon the premises owned by or under the control of any person, shall be prima facie evidence of a violation by the person, except as provided in this subsection.

(4)  A person who procures the surgical birth of a dog shall record the procedure. The record shall include the name of the attending licensed doctor of veterinary medicine and the date and location at which the procedure was performed. The record shall be kept as long as the wound or incision site is unhealed and shall be transferred with the dog during that period of time.

(5)  This subsection shall not apply to personnel required to comply with standards to minimize pain to an animal set forth in section 2143(a)(3) of the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.), trained in accordance with section 2143(d) of the Animal Welfare Act, who work in a federally registered research facility required to comply with the Animal Welfare Act under the guidance or oversight of a licensed doctor of veterinary medicine.

(e)  Dewclawing.--The following apply:

(1)  A person commits an offense under section 5533 if the person cuts off or causes or procures the cutting off of the dewclaw of a dog over five days old.

(2)  The provisions of this subchapter shall not prevent a licensed doctor of veterinary medicine from cutting the dewclaw and shall not prevent a person from causing or procuring the procedure by a licensed doctor of veterinary medicine.

(3)  The possession by a person of a dog with the dewclaw cut off and with the wound or incision site resulting therefrom unhealed, or any such dog being found in the charge or custody of a person or confined upon the premises owned by or under the control of a person, shall be prima facie evidence of a violation by the person, except as provided in this subsection.

(4)  A person who procures the cutting off of the dewclaw of a dog shall record the procedure. The record shall include the name of the attending licensed doctor of veterinary medicine and the date and location at which the procedure was performed. The record shall be kept as long as the wound or incision site is unhealed and shall be transferred with the dog during that period of time.

(f)  Additional penalty.--In addition to any other penalty provided by law, upon conviction for conduct described in this section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation.

18c5543s

§ 5543.  Animal fighting.

A person commits a felony of the third degree if the person:

(1)  for amusement or gain, causes, allows or permits an animal to engage in animal fighting;

(2)  receives compensation for the admission of another person to a place kept or used for animal fighting;

(3)  owns, possesses, keeps, trains, promotes, purchases, steals or acquires in any manner or knowingly sells an animal for animal fighting;

(4)  in any way knowingly encourages, aids or assists therein;

(5)  wagers on the outcome of an animal fight;

(6)  pays for admission to an animal fight or attends an animal fight as a spectator; or

(7)  knowingly permits a place under the person's control or possession to be kept or used for animal fighting.

18c5543v

 

Cross References.  Section 5543 is referred to in sections 5552, 5560 of this title.

18c5544s

§ 5544.  Possession of animal fighting paraphernalia.

In addition to any other penalty provided by law, a person commits a misdemeanor of the third degree if the person knowingly owns or possesses animal fighting paraphernalia.

18c5545s

§ 5545.  Killing homing pigeons.

A person commits a summary offense if the person shoots, maims or kills an antwerp or homing pigeon, either while on flight or at rest, or detains or entraps a pigeon which carries the name of the pigeon's owner.

18c5546s

§ 5546.  Skinning of and selling or buying pelts of dogs and cats.

A person commits a summary offense if the person skins a dog or cat or offers for sale or exchange or offers to buy or exchange the pelt or pelts of a dog or cat.

18c5547s

§ 5547.  Live animals as prizes prohibited.

(a)  General rule.--No person shall give or offer to give away a live animal, except fish, as a prize in a drawing, lottery, contest, sweepstakes or other game. No person operating a drawing, lottery, contest, sweepstakes or other game shall sell or offer to sell a live animal, except fish, in conjunction with the operation of a drawing, lottery, contest, sweepstakes or other game.

(b)  Regulating certain actions concerning fowl or rabbits.--No person shall sell, offer for sale, barter or give away baby chickens, ducklings or other fowl under one month of age or rabbits under two months of age as pets, toys, premiums or novelties or color, dye, stain or otherwise change the natural color of baby chickens, ducklings or other fowl or rabbits. This subsection shall not be construed to prohibit the sale or display of baby chickens, ducklings or other fowl or rabbits in proper facilities by persons engaged in the business of selling them for purposes of commercial breeding and raising.

(c)  Exception.--

(1)  This section shall not apply to a domestic animal given away or sold in connection with an agricultural, educational or vocational program sponsored or sanctioned by the Department of Agriculture.

(2)  The Department of Agriculture shall promulgate the rules and regulations necessary to provide the conditions and requirements of live animal offerings under this subsection.

(d)  Penalty.--A violation of this section constitutes a summary offense punishable by a fine of not more than $250.

18c5548s

§ 5548.  Police animals.

(a)  Illegal to taunt police animals.--It shall be unlawful for a person to intentionally or knowingly taunt, torment, tease, beat, kick or strike a police animal. A person who violates the provisions of this subsection commits a felony of the third degree.

(b)  Illegal to torture police animals.--It shall be unlawful for a person to intentionally or knowingly torture, mutilate, injure, disable, poison or kill a police animal. A person who violates the provisions of this subsection commits a felony of the second degree.

(c)  Restitution.--In a case in which a defendant is convicted of a violation of subsection (a) or (b), the defendant shall be ordered to make restitution to the agency or individual owning the animal for veterinary bills, for replacement costs of the animal if it is disabled or killed and for the salary of the animal's handler for the period of time the handler's services are lost to the agency.

18c5549s

§ 5549.  Assault with a biological agent on animal, fowl or honey bees.

(a)  Offense defined.--A person commits a felony of the second degree if the person intentionally, knowingly or maliciously exposes or causes to be exposed an animal, fowl or honey bees to a virus, bacteria, prion or other agent which causes infectious disease, including any of the following:

(1)  Foot-and-mouth disease.

(2)  Bovine spongiform encephalopathy (BSE), commonly known as mad cow disease.

(3)  Avian influenza.

(4)  Varroa mite.

(b)  Restitution.--The person convicted of violating this section shall, in addition to any other sentence imposed, be sentenced to pay the owner of the afflicted animal, fowl or honey bees restitution in an amount equal to the cost of the financial damages incurred as a result of the offense, including the following:

(1)  Value of afflicted animal, fowl or honey bees.

(2)  Disposal of afflicted animal, fowl or honey bees.

(3)  Testing for disease on existing animal.

(4)  Cleanup and sanitization of property and buildings on and in which afflicted animals, fowl or honey bees were located.

(5)  Liability insurance for cleanup and sanitization workers.

(6)  Soil testing of property.

(7)  Loss of revenue for the aggrieved owner of afflicted animal, fowl or honey bees.

(c)  Exceptions.--The provisions of this section shall not apply to research or veterinarian services, including immunizations, vaccinations or other treatments administered during the normal scope of practice.

18c5550s

§ 5550.  Fine and term of imprisonment for summary offense.

Unless otherwise specifically provided, a person convicted of a summary offense under this subchapter shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $750 or imprisonment for not more than 90 days, or both.

18c5551s

§ 5551.  Power to initiate criminal proceedings.

An agent of a society or association for the prevention of cruelty to animals, incorporated under the laws of this Commonwealth, shall have the same powers to initiate criminal proceedings provided for police officers by the Pennsylvania Rules of Criminal Procedure. An agent of a society or association for the prevention of cruelty to animals, incorporated under the laws of this Commonwealth, shall have standing to request a court of competent jurisdiction to enjoin a violation of this subchapter.

18c5552s

§ 5552.  Seizure of animals kept or used for animal fighting.

A police officer or agent of a society or association for the prevention of cruelty to animals incorporated under the laws of this Commonwealth shall have power to seize an animal kept, used or intended to be used for animal fighting. When the seizure is made, the animal or animals seized shall not be deemed absolutely forfeited but shall be held by the officer or agent seizing the animal or animals until a conviction of a person is first obtained for a violation of section 5543 (relating to animal fighting) or forfeiture is obtained under the act of July 9, 2013 (P.L.263, No.50), known as the Costs of Care of Seized Animals Act. The officer or agent making the seizure shall make due return to the issuing authority of the number and kind of animals or creatures seized by the officer or agent. Where an animal is seized, the police officer or agent is authorized to provide the care that is reasonably necessary and, where an animal seized is found to be disabled, injured or diseased beyond reasonable hope of recovery, the police officer or agent is authorized to provide for the humane destruction of the animal. In addition to any other penalty provided by law, the authority imposing sentence upon a conviction for a violation of section 5543 shall order the forfeiture or surrender of an abused or neglected animal of the defendant to a society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth and shall require that the owner pay the cost of the keeping, care and destruction of the animal.

18c5553s

§ 5553.  Search warrants.

Where a violation of this subchapter is alleged, an issuing authority may, in compliance with the applicable provisions of the Pennsylvania Rules of Criminal Procedure, issue to a police officer or an agent of a society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth a search warrant authorizing the search of a building or an enclosure in which a violation of this subchapter is occurring or has occurred and authorizing the seizure of evidence of the violation, including, but not limited to, the animals which were the subject of the violation. Where an animal seized is found to be neglected or starving, the police officer or agent is authorized to provide the care that is reasonably necessary and, where any animal seized is found to be disabled, injured or diseased beyond reasonable hope of recovery, the police officer or agent is authorized to provide for the humane destruction of the animal. The cost of the keeping, care and destruction of the animal shall be paid by the owner of the animal, and claims for the costs shall constitute a lien upon the animal. In addition to any other penalty provided by law, the authority imposing sentence upon a conviction for a violation of this subchapter may require that the owner pay the cost of the keeping, care and destruction of the animal. No search warrant shall be issued based upon an alleged violation of this subchapter which authorizes a police officer or agent or other person to enter upon or search premises where scientific research work is being conducted by or under the supervision of graduates of duly accredited scientific schools or where biological products are being produced for the care or prevention of disease.

18c5554s

§ 5554.  Forfeiture.

(a)  General rule.--Except as provided under subsection (b), in addition to any other penalty provided by law, the authority imposing sentence upon a conviction for a violation of this subchapter may order the forfeiture or surrender of an abused or neglected animal of the defendant to a society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth.

(b)  Forfeiture required for felony offense.--If the conviction under this subchapter is for an offense graded as a felony, the authority imposing sentence shall order forfeiture or surrender of an abused or neglected animal of the defendant to a society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth.

18c5555s

§ 5555.  Prohibition of ownership.

Notwithstanding any provision of law and in addition to any other penalty provided by law, the authority imposing sentence upon a conviction for a violation of this subchapter may order the prohibition or limitation of the defendant's ownership, possession, control or custody of animals or employment with the care of animals for a period of time not to exceed the statutory maximum term of imprisonment applicable to the offense for which sentence is being imposed. A humane society police officer, law enforcement officer or State dog warden shall have authority to ensure compliance with this section and may notify the local district attorney who may petition the court to remove animals kept in violation of this section.

18c5556s

§ 5556.  Civil immunity for licensed doctors of veterinary medicine, technicians and assistants.

(a)  General rule.--A licensed doctor of veterinary medicine, certified veterinary technician or veterinary assistant who reports, in good faith and in the normal course of business, a suspected violation of this subchapter to the proper authority shall not be liable for civil damages as a result of reporting the incident.

(b)  Nonapplicability.--Subsection (a) shall not apply to an act or omission intentionally designed to harm or to an act or omission that constitutes gross negligence or willful, wanton or reckless conduct.

18c5557s

§ 5557.  Civil immunity for humane society police officers.

(a)  General rule.--A humane society police officer acting in good faith and within the scope of the authority provided under this subchapter shall not be liable for civil damages as a result of an act or omission in the course of an investigation or enforcement action.

(b)  Nonapplicability.--Subsection (a) shall not apply to an act or omission intentionally designed to harm or to an act or omission that constitutes gross negligence or willful, wanton or reckless conduct.

18c5558s

§ 5558.  Representation of humane society by attorney.

Upon prior authorization and approval by the district attorney of the county in which the proceeding is held, an association or agent may be represented in a proceeding under this subchapter by an attorney admitted to practice before the Supreme Court of Pennsylvania and in good standing. Attorney fees shall be borne by the humane society or association that is represented.

18c5559s

§ 5559.  Construction of subchapter.

The provisions of this subchapter shall not supersede the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law.

18c5560s

§ 5560.  Exemption of normal agricultural operations.

Sections 5532 (relating to neglect of animal), 5533 (relating to cruelty to animal), 5534 (relating to aggravated cruelty to animal), 5536 (relating to tethering of unattended dog) and 5543 (relating to animal fighting) shall not apply to activity undertaken in a normal agricultural operation.

18c5561s

§ 5561.  Nonapplicability of subchapter.

(a)  Game law.--This subchapter shall not apply to, interfere with or hinder any activity which is authorized or permitted under 34 Pa.C.S. (relating to game) or the regulations promulgated under those laws.

(b)  Exemptions.--The provisions of this subchapter shall not apply to the following:

(1)  The killing of a dog or cat by the owner of that animal if it is accomplished in accordance with the act of December 22, 1983 (P.L.303, No.83), known as the Animal Destruction Method Authorization Law.

(2)  The killing of an animal found pursuing, wounding or killing a domestic animal or domestic fowl.

(3)  The killing of an animal or fowl under 34 Pa.C.S. §§ 2384 (relating to declaring dogs public nuisances) and 2385 (relating to destruction of dogs declared public nuisances) or regulations promulgated under 34 Pa.C.S. §§ 2384 and 2385.

(4)  Reasonable activity that may be undertaken with vermin control or pest control.

(5)  Shooting activities not otherwise prohibited under this subchapter.

(6)  Conduct that is lawful under the laws of the United States or this Commonwealth relating to activities undertaken by a research facility that is one of the following:

(i)  Registered and inspected under the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.).

(ii)  Subject to the Public Health Service Policy on Humane Care and Use of Laboratory Animals provided for under the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201 et seq.).

(iii)  Subject to the provisions of 21 CFR Pt. 58 (relating to good laboratory practice for nonclinical laboratory studies) under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or the Public Health Service Act.