CRIMES CODE (18 PA.C..S.) - AMEND CRUELTY TO ANIMALS AND DRUG TRAFFICKING
SENTENCING AND PENALTIES
Act of Dec. 9, 2002, P.L. 1439, No. 183 Cl. 18
Session of 2002
No. 2002-183
HB 2445
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for cruelty to
animals and for drug trafficking sentencing and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(a) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
(1) A person commits a misdemeanor of the second degree
if he willfully and maliciously:
(i) Kills, maims or disfigures any domestic animal
of another person or any domestic fowl of another person.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any domestic animal of another person or domestic fowl of
another person.
(iii) Harasses, annoys, injures, attempts to injure,
molests or interferes with a dog guide for an individual
who is blind, a hearing dog for an individual who is deaf
or audibly impaired or a service dog for an individual
who is physically limited.
Any person convicted of violating the provisions of this
paragraph shall be sentenced to pay a fine of not less than
$500.
(2) A person commits a felony of the third degree if he
willfully and maliciously:
(i) Kills, maims or disfigures any zoo animal in
captivity.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any zoo animal in captivity.
(2.1) (i) A person commits a misdemeanor of the first
degree if he willfully and maliciously:
(A) Kills, maims, mutilates, tortures or
disfigures any dog or cat, whether belonging to
himself or otherwise. If a person kills, maims,
mutilates, tortures or disfigures a dog guide for an
individual who is blind, a hearing dog for an
individual who is deaf or audibly impaired or a
service dog for an individual who is physically
limited, whether belonging to the individual or
otherwise, that person, in addition to any other
applicable penalty, shall be required to make
reparations for veterinary costs in treating the dog
and, if necessary, the cost of obtaining and training
a replacement dog.
(B) Administers poison to or exposes any
poisonous substance with the intent to administer
such poison to any dog or cat, whether belonging to
himself or otherwise.
(ii) Any person convicted of violating the
provisions of this paragraph shall be sentenced to pay a
fine of not less than $1,000 or to imprisonment for not
more than two years, or both. The court may also order a
presentence mental evaluation. A subsequent conviction
under this paragraph shall be a felony of the third
degree. This paragraph shall apply to dogs and cats only.
(iii) The killing of a dog or cat by the owner of
that animal is not malicious if it is accomplished in
accordance with the act of December 22, 1983 (P.L.303,
No.83), referred to as the Animal Destruction Method
Authorization Law.
(3) This subsection shall not apply to:
(i) the killing of any animal taken or found in the
act of actually destroying any domestic animal or
domestic fowl;
(ii) the killing of any animal or fowl pursuant to
the act of June 3, 1937 (P.L.1225, No.316), known as The
Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
dogs public nuisances) and 2385 (relating to destruction
of dogs declared public nuisances), or the regulations
promulgated thereunder; or
(iii) such reasonable activity as may be undertaken
in connection with vermin control or pest control.
* * *
Section 2. Section 7508(a) of Title 18 is amended by adding
a paragraph to read:
§ 7508. Drug trafficking sentencing and penalties.
(a) General rule.--Notwithstanding any other provisions of
this or any other act to the contrary, the following provisions
shall apply:
* * *
(8) A person who is convicted of violating section
13(a)(14), (30) or (37) of The Controlled Substance, Drug,
Device and Cosmetic Act where the controlled substance or a
mixture containing it is 3,4-methylenedioxyamphetamine; 3,4-
methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-
methylenedioxyamphetamine; or their salts, isomers and salts
of isomers, whenever the existence of such salts, isomers and
salts of isomers is possible within the specific chemical
designation, shall, upon conviction, be sentenced as set
forth in this paragraph:
(i) When the aggregate weight of the compound or
mixture containing the substance involved is at least 50
tablets, capsules, caplets or other dosage units, or 15
grams and less than 100 tablets, capsules, caplets or
other dosage units, or less than 30 grams, the person is
guilty of a felony and, upon conviction thereof, shall be
sentenced to imprisonment not exceeding five years or to
pay a fine not exceeding $15,000, or both.
(ii) When the aggregate weight of the compound or
mixture containing the substance involved is at least 100
tablets, capsules, caplets or other dosage units, or 30
grams and less than 1,000 tablets, capsules, caplets or
other dosage units, or less than 300 grams, the person is
guilty of a felony and, upon conviction thereof, shall be
sentenced to imprisonment not exceeding ten years or to
pay a fine not exceeding $100,000, or both.
(iii) When the aggregate weight of the compound or
mixture containing the substance involved is at least
1,000 tablets, capsules, caplets or other dosage units,
or 300 grams, the person is guilty of a felony and, upon
conviction thereof, shall be sentenced to imprisonment
not exceeding 15 years or to pay a fine not exceeding
$250,000, or both.
* * *
Section 3. This act shall take effect in 60 days.
APPROVED--The 9th day of December, A. D. 2002.
MARK S. SCHWEIKER
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