(2) A felony of the first SECOND degree if A PERSON
FLEES OR ATTEMPTS TO EVADE ARREST OR DETENTION FOR AN
UNDERLYING OFFENSE THAT CONSTITUTES A FELONY OR MISDEMEANOR
AND another person suffers death as a direct result of a
violation of this section.
(3) Except as provided under paragraph (1) or (2), a
misdemeanor of the second degree . IF A PERSON FLEES OR
ATTEMPTS TO EVADE ARREST OR DETENTION FOR AN UNDERLYING
OFFENSE THAT CONSTITUTES A FELONY OR MISDEMEANOR.
(4) EXCEPT AS PROVIDED UNDER PARAGRAPH (1), (2) OR (3),
A SUMMARY OFFENSE.
§ 5104.3. Harming a police animal while evading arrest or
detention.
(a) Offense defined.--A person commits an offense if, while
engaging in an act prohibited under section 5104 (relating to
resisting arrest or other law enforcement), 5104.1 (relating to
disarming law enforcement officer) or 5104.2 (relating to
e vading arrest or detention on foot ) or 75 Pa.C.S. § 3733
(relating to fleeing or attempting to elude police officer) , the
person harms a police animal as defined in section 5531
(relating to definitions).
(b) Grading.--An offense under this section is:
(1) A felony of the second THIRD degree if the police
animal suffers DEATH OR serious bodily injury.
(2) A felony MISDEMEANOR of the third SECOND degree if
the police animal suffers bodily injury.
(c) Restitution.--In a case in which a defendant is
convicted of a violation under subsection (a), the defendant
shall be ordered to make restitution to the agency or individual
owning the animal for veterinary bills, for replacement costs of
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