PRINTER'S NO. 3360
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2074
Session of
2015
INTRODUCED BY D. COSTA, YOUNGBLOOD, KINSEY, W. KELLER, MULLERY,
DeLUCA AND M. DALEY, MAY 17, 2016
REFERRED TO COMMITTEE ON JUDICIARY, MAY 17, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for the offense of possession or sale of
binary explosives.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6163. Possession or sale of binary explosives.
(a) Offense defined.--A person commits an offense under this
section if the person:
(1) possesses a binary explosive; or
(2) sells a binary explosive.
(b) Grading.--The following shall apply:
(1) Except as otherwise provided under paragraph (2), a
first offense under subsection (a)(1) is a misdemeanor of the
third degree and a second or subsequent offense under
subsection (a)(1) is a misdemeanor of the first degree.
(2) If a person possesses more than 20 pounds of binary
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explosives, an offense under subsection (a)(1) is a felony of
the third degree.
(3) Except as otherwise provided under paragraph (4), an
offense under subsection (a)(2) is a felony of the third
degree.
(4) If a person sells more than 20 pounds of binary
explosives, an offense under subsection (a)(2) is a felony of
the first degree.
(c) Surrender.--The following shall apply:
(1) Any person that possesses a binary explosive shall
surrender the binary explosive to the Pennsylvania State
Police.
(2) The Pennsylvania State Police shall accept and
dispose of all binary explosives. The Pennsylvania State
Police shall not arrest or bring charges under this section
against a person that is willingly surrendering a binary
explosive.
(d) 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:
"Binary explosive." Two or more components that are
advertised and sold together with instructions on how to combine
the components to create an explosive.
"Pounds." The total weight of the components of a binary
explosive, regardless of whether the components have been
combined to create an explosive.
Section 2. This act shall take effect in 120 days.
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