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                                                        PRINTER'S NO. 75

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 50 Session of 2007


        INTRODUCED BY FRANKEL, BELFANTI, BIANCUCCI, CALTAGIRONE,
           CASORIO, CURRY, GIBBONS, GRUCELA, HUTCHINSON, JAMES, KULA,
           MAHONEY, MANN, MUNDY, O'NEILL, READSHAW, SIPTROTH, SOLOBAY,
           WALKO, WHEATLEY, YOUNGBLOOD, CARROLL, BOYD, DALEY, SWANGER,
           COHEN, SCAVELLO, COSTA, BEYER AND PAYNE, JANUARY 30, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for home invasion.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Title 18 of the Pennsylvania Consolidated
     6  Statutes is amended by adding a section to read:
     7  § 2718.  Home invasion.
     8     (a)  Elements.--An individual commits the offense of home
     9  invasion if all of the following apply:
    10         (1)  The individual enters the dwelling place of another
    11     with the intent to commit an offense in the dwelling place.
    12         (2)  The dwelling place is occupied.
    13         (3)  The individual, with knowledge or reason to know
    14     that the dwelling place is occupied, remains in the dwelling
    15     place.
    16     (b)  Defense.--It is a defense to prosecution for home


     1  invasion if the actor, upon realizing that the dwelling place is
     2  occupied, does one of the following:
     3         (1)  Immediately leaves the dwelling place.
     4         (2)  Immediately surrenders to an individual occupying
     5     the dwelling place.
     6     (c)  Grading.--Home invasion is a felony of the first degree.
     7     (d)  Definitions.--As used in this section, the following
     8  words and phrases shall have the meanings given to them in this
     9  subsection:
    10     "Deadly weapon."  A:
    11         (1)  firearm, whether loaded or unloaded;
    12         (2)  device designed as a weapon and capable of producing
    13     death or serious bodily injury; or
    14         (3)  device or instrumentality which, in the manner in
    15     which it is used or intended to be used, is calculated or
    16     likely to produce death or serious bodily injury.
    17     "Dwelling place."  A building or structure, whether movable
    18  or permanent, which is a place of lodging for an individual.
    19     "Occupy."  To be lawfully present within.
    20     "Serious bodily injury."  Bodily injury which:
    21         (1)  creates a substantial risk of death; or
    22         (2)  causes serious, permanent disfigurement or
    23     protracted loss or impairment of the function of a bodily
    24     member or organ.
    25     Section 2.  This act shall take effect in 60 days.




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