Destruction -
ARTICLE C OFFENSES AGAINST PROPERTY Chapter 33. Arson, Criminal Mischief and Other Property Destruction 35. Burglary and Other Criminal Intrusion 37. Robbery 39. Theft and Related Offenses 41. Forgery and Fraudulent Practices CHAPTER 33 ARSON, CRIMINAL MISCHIEF AND OTHER PROPERTY DESTRUCTION Sec. 3301. Arson and related offenses. 3302. Causing or risking catastrophe. 3303. Failure to prevent catastrophe. 3304. Criminal mischief. 3305. Injuring or tampering with fire apparatus, hydrants, etc. 3306. Unauthorized use or opening of fire hydrants. 3307. Institutional vandalism. 3308. Additional fine for arson committed for profit. 3309. Agricultural vandalism. 3310. Agricultural crop destruction. 3311. Ecoterrorism. 3312. Destruction of a survey monument. 3313. Illegal dumping of methamphetamine waste. Enactment. Chapter 33 was added December 6, 1972, P.L.1482, No.334, effective in six months. Cross References. Chapter 33 is referred to in sections 911, 2710 of this title. § 3301. Arson and related offenses. (a) Arson endangering persons.-- (1) A person commits a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if: (i) he thereby recklessly places another person in danger of death or bodily injury, including but not limited to a firefighter, police officer or other person actively engaged in fighting the fire; or (ii) he commits the act with the purpose of destroying or damaging an inhabited building or occupied structure of another. (2) A person who commits arson endangering persons is guilty of murder of the second degree if the fire or explosion causes the death of any person, including but not limited to a firefighter, police officer or other person actively engaged in fighting the fire, and is guilty of murder of the first degree if the fire or explosion causes the death of any person and was set with the purpose of causing the death of another person. (b) Sentence.--A person convicted of violating the provisions of subsection (a)(2), murder of the first degree, shall be sentenced to death or life imprisonment without right to parole; a person convicted of murder of the second degree, pursuant to subsection (a)(2), shall be sentenced to life imprisonment without right to parole. Notwithstanding provisions to the contrary, no language herein shall infringe upon the inherent powers of the Governor to commute said sentence. (c) Arson endangering property.--A person commits a felony of the second degree if he intentionally starts a fire or causes an explosion, whether on his own property or that of another, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, and if: (1) he commits the act with intent of destroying or damaging a building or unoccupied structure of another; (2) he thereby recklessly places an inhabited building or occupied structure of another in danger of damage or destruction; or (3) he commits the act with intent of destroying or damaging any property, whether his own or of another, to collect insurance for such loss. (d) Reckless burning or exploding.--A person commits a felony of the third degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and thereby recklessly: (1) places an uninhabited building or unoccupied structure of another in danger of damage or destruction; or (2) places any personal property of another having a value that exceeds $5,000 or if the property is an automobile, airplane, motorcycle, motorboat or other motor- propelled vehicle in danger of damage or destruction. (d.1) Dangerous burning.--A person commits a summary offense if he intentionally or recklessly starts a fire to endanger any person or property of another whether or not any damage to person or property actually occurs. (e) Failure to control or report dangerous fires.--A person who knows that a fire is endangering the life or property of another and fails to take reasonable measures to put out or control the fire, when he can do so without substantial risk to himself, or to give a prompt fire alarm, commits a misdemeanor of the first degree if: (1) he knows that he is under an official, contractual or other legal duty to control or combat the fire; or (2) the fire was started, albeit lawfully, by him or with his assent, or on property in his custody or control. (f) Possession of explosive or incendiary materials or devices.--A person commits a felony of the third degree if he possesses, manufactures or transports any incendiary or explosive material with the intent to use or to provide such device or material to commit any offense described in subsection (a), (c) or (d). (g) Disclosure of true owner.--Law enforcement officers investigating an offense under this section may require a trustee of a passive trust or trust involving an undisclosed principal or straw party to disclose the actual owner or beneficiary of the real property in question. The name of the actual owner or beneficiary of real estate subject to a passive trust, trust involving an undisclosed principal or arrangement with a straw party when obtained under the provisions of this subsection shall not be disclosed except as an official part of an investigation and prosecution of an offense under this section. A person who refuses to disclose a name as required by this section or who discloses a name in violation of this subsection is guilty of a misdemeanor of the third degree. (h) Limitations on liability.--The provisions of subsections (a), (b), (c), (d), (d.1) and (e) shall not be construed to establish criminal liability upon any volunteer or paid firefighter or volunteer or paid firefighting company or association if said company or association endangers a participating firefighter or real or personal property in the course of an approved, controlled fire training program or fire evolution, provided that said company or association has complied with the following: (1) a sworn statement from the owner of any real or personal property involved in such program or evolution that there is no fire insurance policy or no lien or encumbrance exists which applies to such real or personal property; (2) approval or permits from the appropriate local government or State officials, if necessary, to conduct such program or exercise have been received; (3) precautions have been taken so that the program or evolution does not affect any other persons or real or personal property; and (4) participation of firefighters in the program or exercise if voluntary. (h.1) Prohibition on certain service.--A person convicted of violating this section or any similar offense under Federal or State law shall be prohibited from serving as a firefighter in this Commonwealth and shall be prohibited from being certified as a firefighter under section 4 of the act of November 13, 1995 (P.L.604, No.61), known as the State Fire Commissioner Act. Proof of nonconviction must consist of either of the following: (1) An official criminal history record check obtained pursuant to Chapter 91 (relating to criminal history record information) indicating no arson convictions. (2) A dated and signed statement by the person swearing to the following: I have never been convicted of an offense that constitutes the crime of "arson and related offenses" under 18 Pa.C.S. § 3301 or any similar offense under any Federal or State law. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that if I knowingly make any false statement herein, I am subject to penalties prescribed by law, including, but not limited to, a fine of at least $1,000. (i) Defenses.--It is a defense to prosecution under subsections (c), (d) and (d.1) where a person is charged with destroying a vehicle, lawful title to which is vested in him, if the vehicle is free of any encumbrances, there is no insurance covering loss by fire or explosion or both on the vehicle and the person delivers to the nearest State Police station at least 48 hours in advance of the planned destruction a written sworn statement certifying that the person is the lawful titleholder, that the vehicle is free of any encumbrances and that there is no insurance covering loss by fire or explosion or both on the vehicle. (j) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: "Occupied structure." Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another. "Property of another." A building or other property, whether real or personal, in which a person other than the actor has an interest which the actor has no authority to defeat or impair, even though the actor may also have an interest in the building or property. (Apr. 29, 1982, P.L.363, No.101, eff. 90 days; Dec. 7, 1982, P.L.811, No.227, eff. 60 days; Dec. 3, 1998, P.L.933, No.121, eff. 60 days; Nov. 29, 2006, P.L.1481, No.168, eff. 60 days) 2006 Amendment. Act 168 added subsec. (h.1). 1998 Amendment. Act 121 amended subsecs. (d), (h) and (i) and added subsec.(d.1). 1982 Amendments. Section 3 of Act 227 provided that, notwithstanding the provisions of 1 Pa.C.S. § 1955, the amendments to section 3301 by Act 101 are repealed. Cross References. Section 3301 is referred to in sections 3308, 3311, 5708, 6105 of this title; section 5303 of Title 23 (Domestic Relations); sections 5552, 6307, 6308, 6336, 9714, 9802 of Title 42 (Judiciary and Judicial Procedure); section 702 of Title 54 (Names); sections 3903, 7122 of Title 61 (Prisons and Parole). § 3302. Causing or risking catastrophe. (a) Causing catastrophe.--A person who causes a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful or destructive force or substance, or by any other means of causing potentially widespread injury or damage, including selling, dealing in or otherwise providing licenses or permits to transport hazardous materials in violation of 75 Pa.C.S. Ch. 83 (relating to hazardous materials transportation), commits a felony of the first degree if he does so intentionally or knowingly, or a felony of the second degree if he does so recklessly. (b) Risking catastrophe.--A person is guilty of a felony of the third degree if he recklessly creates a risk of catastrophe in the employment of fire, explosives or other dangerous means listed in subsection (a) of this section. (Apr. 30, 2002, P.L.300, No.40, eff. 60 days) Cross References. Section 3302 is referred to in sections 3304, 3311, 5708, 6105 of this title. § 3303. Failure to prevent catastrophe. A person who knowingly or recklessly fails to take reasonable measures to prevent or mitigate a catastrophe, when he can do so without substantial risk to himself, commits a misdemeanor of the second degree if: (1) he knows that he is under an official, contractual or other legal duty to take such measures; or (2) he did or assented to the act causing or threatening the catastrophe. § 3304. Criminal mischief. (a) Offense defined.--A person is guilty of criminal mischief if he: (1) damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in section 3302(a) of this title (relating to causing or risking catastrophe); (2) intentionally or recklessly tampers with tangible property of another so as to endanger person or property; (3) intentionally or recklessly causes another to suffer pecuniary loss by deception or threat; (4) intentionally defaces or otherwise damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device; (5) intentionally damages real or personal property of another; or (6) intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property. (b) Grading.--Criminal mischief is a felony of the third degree if the actor intentionally causes pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. It is a misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess of $1,000, or a misdemeanor of the third degree if he intentionally or recklessly causes pecuniary loss in excess of $500 or causes a loss in excess of $150 for a violation of subsection (a)(4). Otherwise criminal mischief is a summary offense. (c) Definition.--As used in this section, the term "graffiti" means an unauthorized inscription, word, figure, mark or design which is written, marked, etched, scratched, drawn or painted. (Apr. 21, 1994, P.L.131, No.17, eff. 60 days; Dec. 20, 1996, P.L.1522, No.198, eff. 60 days; Oct. 2, 2002, P.L.806, No.116, eff. imd.; Dec. 22, 2005, P.L.449, No.85, eff. 60 days) 2005 Amendment. Act 85 amended subsec. (a). 2002 Amendment. Act 116 amended subsec. (a) and added subsec. (c). 1996 Amendment. Act 198 amended subsec. (b). 1994 Amendment. See the preamble to Act 17 of 1994 in the appendix to this title for special provisions relating to legislative findings and declarations. Cross References. Section 3304 is referred to in section 3311 of this title; sections 3573, 9720 of Title 42 (Judiciary and Judicial Procedure). § 3305. Injuring or tampering with fire apparatus, hydrants, etc. Whoever willfully and maliciously cuts, injures, damages, or destroys or defaces any fire hydrant or any fire hose or fire engine, or other public or private fire equipment, or any apparatus appertaining to the same, commits a misdemeanor of the third degree. (Nov. 28, 1973, P.L.370, No.131) 1973 Amendment. Act 131 added section 3305. § 3306. Unauthorized use or opening of fire hydrants. Whoever opens for private usage any fire hydrant without authorization of the water authority or company having jurisdiction over such fire hydrant, commits a summary offense. (Nov. 28, 1973, P.L.370, No.131) 1973 Amendment. Act 131 added section 3306. § 3307. Institutional vandalism. (a) Offenses defined.--A person commits the offense of institutional vandalism if he knowingly desecrates, as defined in section 5509 (relating to desecration or sale of venerated objects), vandalizes, defaces or otherwise damages: (1) any church, synagogue or other facility or place used for religious worship or other religious purposes; (2) any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead; (3) any school, educational facility, community center, municipal building, courthouse facility, State or local government building or vehicle or juvenile detention center; (4) the grounds adjacent to and owned or occupied by any facility set forth in paragraph (1), (2) or (3); or (5) any personal property located in any facility set forth in this subsection. (a.1) Illegal possession.--A person commits the offense of institutional vandalism if, with intent to violate subsection (a), the person carries an aerosol spray-paint can, broad-tipped indelible marker or similar marking device onto property identified in subsection (a). (b) Grading.--An offense under this section is a felony of the third degree if the act is one of desecration as defined in section 5509 or if the actor causes pecuniary loss in excess of $5,000. Pecuniary loss includes the cost of repair or replacement of the property affected. Otherwise, institutional vandalism is a misdemeanor of the second degree. (June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 20, 1983, P.L.291, No.78, eff. imd.; Oct. 3, 1988, P.L.734, No.103, eff. 60 days; Apr. 21, 1994, P.L.130, No.16, eff. 60 days; Oct. 2, 2002, P.L.806, No.116, eff. imd.) 2002 Amendment. Act 116 amended subsec. (a). 1994 Amendment. Act 16 added subsec. (a.1). See the preamble to Act 16 of 1994 in the appendix to this title for special provisions relating to legislative findings and declarations. Special Provisions in Appendix. See section 2 of Act 154 of 1982 in the appendix to this title for special provisions relating to right of action for injunction, damages or other relief. Cross References. Section 3307 is referred to in sections 2710, 3311 of this title; sections 8309, 9720 of Title 42 (Judiciary and Judicial Procedure). § 3308. Additional fine for arson committed for profit. (a) General rule.--Any person convicted under section 2506 (relating to arson murder) or 3301 (relating to arson and related offenses) where any consideration was paid or payable, in addition to any sentence of imprisonment, shall be fined an amount double the amount of the consideration or the maximum lawful fine as provided in section 1101 (relating to fines), whichever is greater. (b) Disposition of fines and forfeitures.--All fines collected and bail deposits forfeited under subsection (a) shall be provided to the Pennsylvania Emergency Management Agency for the Pennsylvania State Firemen's Training School also known as the Vocational Education Fire School and Fire Training and Education Programs. (Dec. 7, 1982, P.L.811, No.227, eff. 60 days) 1982 Amendment. Act 227 added section 3308. References in Text. Section 2506, referred to subsec. (a), did not exist when this section was added. Present section 2506 contains provisions relating to drug delivery resulting in death. § 3309. Agricultural vandalism. (a) Offense defined.--A person commits the offense of agricultural vandalism if he intentionally or recklessly defaces, marks or otherwise damages the real or tangible personal property of another, where the property defaced, marked or otherwise damaged is used in agricultural activity or farming. (b) Grading.--Agricultural vandalism is a felony of the third degree if the actor intentionally causes pecuniary loss in excess of $5,000, a misdemeanor of the first degree if the actor intentionally causes pecuniary loss in excess of $1,000 or a misdemeanor of the second degree if the actor intentionally or recklessly causes pecuniary loss in excess of $500. Pecuniary loss includes the cost of repair or replacement of the property affected. Otherwise, agricultural vandalism is a misdemeanor of the third degree. (c) Definition.--As used in this section, the terms "agricultural activity" and "farming" include public and private research activity, records, data and data-gathering equipment related to agricultural products as well as the commercial production of agricultural crops, livestock or livestock products, poultry or poultry products, trees and timber products, milk, eggs or dairy products, or fruits or other horticultural products. (July 13, 1988, P.L.500, No.86, eff. imd.; June 22, 2001, P.L.386, No.27, eff. imd.) 2001 Amendment. Act 27 amended subsec. (c). 1988 Amendment. Act 86 added section 3309. Cross References. Section 3309 is referred to in sections 3311, 3503 of this title. § 3310. Agricultural crop destruction. (a) Offenses defined.--A person commits a felony of the second degree if he intentionally and knowingly damages any field crop, vegetable or fruit plant or tree that is grown, stored or raised for scientific or commercial purposes or for any testing or research purpose in conjunction with a public or private research facility or a university or any Federal, State or local government agency. (b) Restitution.--Any person convicted of violating this section shall, in addition to any other penalty imposed, be sentenced to pay the owner of the damaged field crops, vegetable or fruit plants or trees restitution. Restitution shall be in an amount equal to the cost of the financial damages incurred as a result of the offense, including the following: (1) Value of the damaged crop. (2) Disposal of the damaged crop. (3) Cleanup of the property. (4) Lost revenue for the aggrieved owner of the damaged crop. (c) Exceptions.--The provisions of this section shall not apply to field crops, vegetable or fruit plants or trees damaged through research or normal commercial activity. (June 22, 2001, P.L.386, No.27, eff. imd.; Apr. 14, 2006, P.L.81, No.27, eff. 60 days) Cross References. Section 3310 is referred to in section 3311 of this title. § 3311. Ecoterrorism. (a) General rule.--A person is guilty of ecoterrorism if the person commits a specified offense against property intending to do any of the following: (1) Intimidate or coerce an individual lawfully: (i) participating in an activity involving animals, plants or an activity involving natural resources; or (ii) using an animal, plant or natural resource facility. (2) Prevent or obstruct an individual from lawfully: (i) participating in an activity involving animals, plants or an activity involving natural resources; or (ii) using an animal, plant or natural resource facility. (b) Grading and penalty.-- (1) If the specified offense against property is a summary offense, an offense under this section shall be classified as a misdemeanor of the third degree. (2) If the specified offense against property is a misdemeanor or a felony of the third or second degree, an offense under this section shall be classified one degree higher than the classification of the specified offense against property specified in section 106 (relating to classes of offenses). (3) If the specified offense against property is a felony of the first degree, a person convicted of an offense under this section shall be sentenced to a term of imprisonment fixed by the court at not more than 40 years and may be sentenced to pay a fine of not more than $100,000. (c) Restitution.--Any person convicted of violating this section shall, in addition to any other penalty imposed, be sentenced to pay the owner of any damaged property which resulted from the violation restitution. Restitution shall be in an amount up to triple the value of the property damages incurred as a result of the specified offense against property. In ordering restitution pursuant to this subsection, the court shall consider as part of the value of the damaged property the market value of the property prior to the violation and the production, research, testing, replacement and development costs directly related to the property that was the subject of the specified offense. (c.1) Immunity.--A person who exercises the right of petition or free speech under the United States Constitution or the Constitution of Pennsylvania on public property or with the permission of the landowner where the person is peaceably demonstrating or peaceably pursuing his constitutional rights shall be immune from prosecution for these actions under this section or from civil liability under 42 Pa.C.S. § 8319 (relating to ecoterrorism). (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Activity involving animals or plants." A lawful activity involving the use of animals, animal parts or plants, including any of the following: (1) Activities authorized under 30 Pa.C.S. (relating to fish) and 34 Pa.C.S. (relating to game). (2) Activities authorized under the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law. (3) Food production, processing and preparation. (4) Clothing manufacturing and distribution. (5) Entertainment and recreation. (6) Research, teaching and testing. (7) Propagation, production, sale, use or possession of legal plants. (8) Agricultural activity and farming as defined in section 3309 (relating to agricultural vandalism). "Activity involving natural resources." A lawful activity involving the use of a natural resource with an economic value, including any of the following: (1) Mining, foresting, harvesting or processing natural resources. (2) The sale, loan or lease of products which requires the use of natural resources. "Animal, plant or natural resource facility." A vehicle, building, structure or other premises: (1) where an animal, plant or natural resource is lawfully housed, exhibited or offered for sale; or (2) which is used for scientific purposes involving animals, plants or natural resources, including research, teaching and testing. "Specified offense against property." Any of the following offenses: Section 3301(a), (c), (d), (d.1) and (f) (relating to arson and related offenses). Section 3302 (relating to causing or risking catastrophe). Section 3304 (relating to criminal mischief). Section 3307 (relating to institutional vandalism). Section 3309 (relating to agricultural vandalism). Section 3310 (relating to agricultural crop destruction). Section 3502 (relating to burglary) but only if the actor commits the crime for the purpose of committing one of the other offenses listed in this definition. Section 3503 (relating to criminal trespass) but only if the actor commits the crime for the purpose of threatening or terrorizing the owner or occupant of the premises, starting or causing to be started any fire upon the premises or defacing or damaging the premises. Section 3921 (relating to theft by unlawful taking or disposition). Section 3922 (relating to theft by deception). Section 4101 (relating to forgery). Section 4120 (relating to identity theft). (Apr. 14, 2006, P.L.81, No.27, eff. 60 days) 2006 Amendment. Act 27 added section 3311. Cross References. Section 3311 is referred to in section 8319 of Title 42 (Judiciary and Judicial Procedure). § 3312. Destruction of a survey monument. (a) Offense defined.-- (1) A person commits a summary offense if he intentionally cuts, injures, damages, destroys, defaces or removes any survey monument or marker, other than a natural object such as a tree or stream. (2) A person commits a misdemeanor of the second degree if he willfully or maliciously cuts, injures, damages, destroys, defaces or removes any survey monument or marker in order to call into question a boundary line. (b) Restitution.--Any person convicted of violating this section shall, in addition to any other penalty imposed, be liable for the cost of the reestablishment of permanent survey monuments or markers by a professional land surveyor and all reasonable attorney fees. (c) Affirmative defense.--It is an affirmative defense to any prosecution for an offense under this section that the survey monument or marker was improperly placed by a professional land surveyor. (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Professional land surveyor." As defined under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law. "Survey monument or marker." Any object adopted or placed by a professional land surveyor to define the boundaries of a property, including, but not limited to, natural objects such as trees or streams, or artificial monuments such as iron pins, concrete monuments, set stones or party walls. The phrase does not include a wooden stake placed by a professional land surveyor as a temporary marker or placeholder. (July 7, 2006, P.L.348, No.72, eff. 60 days) 2006 Amendment. Act 72 added section 3312. § 3313. Illegal dumping of methamphetamine waste. (a) Offense defined.--A person commits a felony of the third degree if he intentionally, knowingly or recklessly deposits, stores or disposes on any property a precursor or reagent substance, chemical waste or debris, resulting from or used in the manufacture of methamphetamine or the preparation of a precursor or reagent substance for the manufacture of methamphetamine. (b) Exceptions.--Subsection (a) does not apply to the disposal of waste products: (1) by a licensed pharmaceutical company in the normal course of business; or (2) pursuant to Federal or State laws regulating the cleanup or disposal of waste products from unlawful manufacturing of methamphetamine. (Apr. 29, 2010, P.L.174, No.18, eff. 60 days) 2010 Amendment. Act 18 added section 3313.