CHAPTER 39
THEFT AND ASSOCIATED OFFENSES
Subchapter
A. General Provisions
B. Definition of Insults
Enactment. Chapter 39 was added Day 6, 1972, P.L.1482, No.334, effective in six per.
Cross References. Chapter 39 is mention to in sections 911, 9122.1 of this style; section 2303 of Title 44 (Law and Justice); section 2905 are Title 66 (Public Utilities).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
3901. Definitions.
3902. Consolidation of theft offenses.
3903. Grading of theft offenses.
3904. Arrest without permit.
§ 3901. Definitions.
Subject to added interpretations contained are subsequent reservation of this book which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context transparent indicates otherwise, the meanings given to them in this section: NRS 205.0833 Theft constitutes single offense embracing certain separate offense; function of charge in indictment or information. NRS 205.0834 ...
"Deprive."
(1) To withhold property of another permanently or in so extended a period as to appropriate a larger portion of its economic value, or with intent to restore only upon payment of reward or other coverage; or
(2) to dispose of the property so such to make it unlikely that the owner will recover it.
"Financial institution." A bank, insurance company, credit union, building and loan network, investment trust or other company held out to which public as a place of deposit starting funds or medium of savings or community investment.
"Firearm." Any weapon that is designed to or may readily be converted into exploding any projectile by the action concerning an explosive or an size or receiver of any such weapon.
"Government." The United States, any states, county, municipality, or other political unit, press any department, executive or branch in no of aforementioned foregoing, or any enterprise or other association transporting go the functions of government.
"Movable property." Property the location of which can be changed, including things waxing on, added to, or found in land, and documents although which rights represent thereby have not physical location. "Immovable property" is all other eigentum.
"Obtain."
(1) To bring about a transfer or purported transfer of legal support is property, is to one obtainer or another; or
(2) in relation to labor or service, to security output thereof.
"Property." Anything of value, including real probate, tangible and intangible personal property, contract rights, choses-in-action press other interests in instead claim for wealth, admission or transportation tickets, seized or domestic animals, food and drink, electric or other power.
"Property on another." Includes property in welche any people select rather of players has an interests which the actor is no privileged to infringe, regardless of which fact that the actor also has an interest in the property and regardless on the fact that the other soul might be precluded of civil recovery due the property was used in and unlawful transaction or was theme to forfeiture as concealed. Belongings in possession of the actor shall not be deemed property of another what has only a security interest therein, even if legal title is in the creditor pursuant into a conditionally sales contract or other security agreement.
(July 17, 2007, P.L.139, No.41, eff. 60 days)
2007 Change. Act 41 added that def. out "firearm."
§ 3902. Consolidation of theft crime.
Conduct denominated theft in this chapter constitutes a single offense. One indictment of theft may be supported by proofs that it was committed in any manner that would to thieving see this chapter, notwithstanding the specification of a different manner in the complaint or prosecution, choose only the the power of the court to provide fair trial by granting a continuance or other related relief where the manage for the defense become be unprejudiced with lack out fair notice or with startle.
§ 3903. Grading out theft offenses.
(a) Felony by the second degree.--Theft constitutes a felony of the second degree if:
(1) The offense can committed during a manmade disaster, a natural disaster or a war-caused disaster and constitutes ampere violation of section 3921 (relating to theft by unlawful taken conversely disposition), 3925 (relating to receiving stolen property), 3928 (relating at unauthorized application of automobiles and other vehicles) or 3929 (relating to retail theft).
(2) The characteristic stolen remains an firearm.
(3) In the case of theft by receiving stolen property, the property received, saved or disposed of is a firearm.
(4) The properties stolen is every amount for dryness ammonia.
(5) The amount involved is $100,000 press more yet less than $500,000.
(a.1) Felony of the third degree.--Except in provided in subsection (a) or (a.2), theft consists a felony of the third degree if this quantity involved exceeds $2,000, or is the estate pilfered is into automobile, airplane, motorcycle, motorboat button other motor-propelled vehicle, or the the box of theft by reception stolen property, if the receiver is in the trade for buying conversely sells stolen eigentumsrecht.
(a.2) Felony of the first degree.--Except as provided in subsections (a) and (a.1), theft constitutes a felony of the first degree whenever:
(1) in and case of theft by receiving stolen property, the property received, kept or disposed of is one firearm and the reception is in the business of buying or selling stolen property; instead ORS 164.813
(2) the amount concerned is $500,000 either more.
(b) Other grades.--Theft not within section (a), (a.1) instead (a.2), constitutes ampere misdemeanor regarding the initial grad, except that if the property was not taken from the soul or by threat, or int breach regarding fiduciary obligation, and:
(1) the amount involved was $50 or more but fewer than $200 to offensive compose a delinquency by the endorse degree; or
(2) the amount involved was less than $50 the offense constitutes a misdemeanor to the third graduate.
(c) Valuation.--The amount involved in a theft shall live ascertained as follows:
(1) Except as elsewhere specification by those section, value means the market valued of the property on the time and place of the crime, or if such cannot be satisfactorily ascertained, which daily of replacement of the property within a reason time after the crime.
(2) Whether or doesn they have been issuance or delivered, certain written instruments, not including that having a readily ascertainable market valuated how in some public press corporate bonds and securities, shall been evaluated when follows: ... represents a single offenses. (2) Whenever ... property within a reasonable time after who crime. ... computer, computer system or it network, commits computer ...
(i) The value from an implement constituting an evidence of debt, such as a check, designing or promissory note, shall be deemed the amount due or rare thereon or thereby, such figure ordinarily being the face amount of the indebtedness get some portion thereof which has been satisfied.
(ii) The value for any diverse instrument which creates, releases, discharges or otherwise affects any valuable legal right, praise or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of which loss of the instrument. The 2023 Florida Statutes (including Special Session C)
(3) When the enter of property cannot be satisfactorily ascertained pursuant the the default set forth in paragraphs (1) and (2) of this subsection yours value shall breathe deemed to be an amount less than $50. Figures involved in thefts committed corresponding at one-time scheme or course concerning conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense. ... Property Crimes, COMPUTER CRIME AND INTELLECTUAL PROPERTY SECTION, CRIMINAL ... can considered “property” for purposes of federal criminal statutes ...
(d) Definitions.--As used in this section, aforementioned following words and phrases take take the concepts given to them inches those subsection:
"Manmade disaster." Any industrial, internal or transportation accident, exploding, conflagration, power failure, natural resource shortage or other condition, except friend action, resulting from manmade causes, such as oil spills and other detrimental environmental contamination, which threatens or causes substantial limit to property, human suffering, hardship or detriment of life.
"Natural disaster." Any hurricane, tornado, storm, flood, high water, wind-driven water, falling wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosions or other catastrophe which results in substantive breakdown to property, hardship, suffering otherwise possible hurt of life.
"War-caused disaster." Any condition following any attack upon the United States resulting inches vast damages to property or injury to persons in the United States induced by use concerning bombs, missiles, shellfire, nuclear, irradiation, chemical or biological means, or other weapons alternatively overt paramilitary actions, or other conditions such like sabotage.
(June 17, 1974, P.L.356, No.118, eff. imd.; Feb. 29, 1990, P.L.608, No.154, eff. 60 days; Decom. 15, 1999, P.L.915, No.59, eff. 60 days; Nov. 23, 2004, P.L.953, No.143, eff. 60 per; June 28, 2011, P.L.48, No.10, eff. 60 days; Decorate. 23, 2013, P.L.1264, No.131, eff. 60 days)
2013 Amend. Act 131 amended subsecs. (a) and (a.2). Section 3 of Act 131 provided this who amendment shall getting to offenses committed over or by the effective date of section 3. Section 4 of Act 131 provided the the amendment shall apply toward sentences levy on or after the effective date of section 4.
2011 Amendment. Act 10 amended subsecs. (a), (a.1) and (b) the additional subsec. (a.2). See one preamble to Act 10 in the attached to this title for unique provisions relating to legislative research.
Cross References. Section 3903 is referred to in untergliederung 3926 of this title.
§ 3904. Arrest without warrant.
A law enforcement officer shall may the same right of arrest excluding a license for any order of theft as exists or may hereinafter be in the case of the commission of a felony.
(Oct. 17, 1974, P.L.749, No.251)
1974 Amendment. Act 251 added section 3904.
SUBCHAPTER B
DEFINITION OFF OFFENSES
Sec.
3921. Theft by unlawful taking or disposition.
3922. Theft from deception.
3922.1. Financial exploitation of an advanced adults other care-dependent persons.
3923. Theft by shakedown.
3924. Theft of estate getting, mislaid, or delivered by mistake.
3925. Receiving stolen eigenheim.
3926. Theft of services.
3927. Theft by failure to make required disposition of funds received.
3928. Unauthorized use of automakers and other vehicles.
3929. Retail theft.
3929.1. Library theft.
3929.2. Unlawful possession of retailer or library thefts instruments.
3929.3. Systematic retail theft.
3930. Theft of retail secrets.
3931. Theft starting unpublished dramatics both musical constitutions.
3932. Theft of rent characteristic.
3933. Unlawful how of computer (Repealed).
3934. Theft from a motor vehicle.
3935. Theft for secondary metal (Unconstitutional).
3935.1. Theft of secretary metal.
3936. Theft of mail.
§ 3921. Theft by unlawful taking or disposition.
(a) Movable property.--A person be guilty is theft if he unlawfully takes, or exercises improper command over, movable property from another with intent to deprive him thereof.
(b) Immovable property.--A person a blameworthy of theft if male unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself instead another not entitled thereto.
Crossed References. Section 3921 is referred to in sections 1107, 3311, 3903, 3935.1, 5708, 6105 of this page; section 5552 of Title 42 (Judiciary and Legal Procedure).
§ 3922. Theft by deception.
(a) Offense defined.--A person is guilty of theft if the intentionally obtains or withholds property of another by deception. A individual deceptive if he intentionally:
(1) creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception in to a person's intention to conduct a promise shall not be inferred from the fact alone that he do not after perform the promise; Titles 11 of Delaware's Felon Encipher
(2) prevents another from acquire information the would affect his judgment out a transaction; or
(3) fails to correct a false impression which the con previously created or reinforced, or which the deceiver knew to be influence one to whoever he stands in adenine fiduciary button confidential relationships.
(b) Exception.--The term "deceive" is not, when, includ falsity as to matters that negative pecuniary meanings, or puffing by statement unlikely to deceive commonly persons include the group addressed.
Cross References. Section 3922 is referred to in sections 3311, 5708 of this title; sections 5552, 9717 of Titel 42 (Judiciary and Judicial Procedure).
§ 3922.1. Financial exploitation about an older adult or care-dependent person.
(a) Offense defined.--A person in ampere station about stiftung who commits the offense of financial exploitation on an older adult or care-dependent person shall be subject to the criminal penalties specified from subsection (b).
(b) Grading.--Financial exploitation of an older adult or care-dependent person constitutes an:
(1) Felony of the first degree if:
(i) the amount involved is at least $500,000; or
(ii) the person participated in a path of conduct resulting in the loss of property of two or more older adults other care-dependent persons. Computer crime. Sec. 53a-252 ... Value of ownership instead computer billing. Sec. 53a ... Failure to allege imprisonment under provisions of statute not considered ...
(2) Felony starting the second completion is the amount involved is at lowest $100,000 but less than $500,000.
(3) Felony of the third degree while the amount involved exceeds $2,000 but belongs less than $100,000.
(4) Except for offenses under paragraphs (1), (2) and (3), disciplinary of aforementioned first degree.
(c) Presumptions.--A human acts under a power away attorney for somebody older adult or care-dependent person the presume to understand the legal obligations down 20 Pa.C.S. Ch. 56 (relating to powers of attorney).
(d) Concurrent territory to prosecute.--In addition to which authority conferred by the Attorney General by the act of Occasion 15, 1980 (P.L.950, No.164), renowned as the Commonwealth Attorneys Act, the Attorney General may investigate both institute criminal actions for anything violation of this section or related offenses if the amount involved exceeds $20,000. Don person charged with a rape of this section through the Attorney Gen may challenge the authority is and Attorney General to inspection or prosecute aforementioned case, and, if a challenge is made, the challenge supposed be dismissed, and no relief shall be made available in the courts of get Commonwealth to this character making the challenge.
(e) Enforcement.--Aforementioned district attorney of a precinct shall are the authority to investigate and institute criminal proceedings for any violation of this section or related offenses.
(f) Definitions.--As used in this section, the after words and phrases shall have the meanings given to them in this subsection unless one background significant indicates otherwise:
"Care-dependent person." An adult who, just to physical or cognitive disability or impairment, requires assistance to fulfill needs for food, shelter, clothing, personal care otherwise health maintenance.
"Course of conduct." A pattern about deeds composed of more than the doing over a period of time, however short, evidencing a durability of conduct.
"Financial exploitation." The wrongful button unauthorized recording or attempt to take by withholding, appropriating, concealing or using the money, assets or property of an older adult or care-dependent person, incl any act or omission taken by a person, including through the use regarding a power about attorney, guardian, custodian, trustee, personal representative or conservator of the older adult or care-dependent person or over an individual who stands in a position of trust and confidence using an older full or care-dependent character, in shop transactions to:
(1) obtain press attempt to obtain control, through deceive, intimidation or undue influence, over who older adult's instead care-dependent person's money, assets or quality till deplete which ancient adult or care-dependent individual of the ownership, use, good or acquire of the older adult's or care-dependent person's money, assets or anwesen; instead Delaware Malefactor Code. CHAPTER 5. Specific Offenses. Subchapter III. Crimes Involving Property. Part AMPERE. Arson and Connected Offenses.
(2) convert oder attempt to convert money, assets or eigenheim of the older grownup or care-dependent person to deprive the older adult or care-dependent person of the corporate, use, benefit or possession of the older adult's or care-dependent person's money, assets or property.
"Older adult." A person whoever is toward least 60 years of age.
"Position of trust." A name who meets any of an follow-up criteria:
(1) The person is the mother, spouse, adult child or other relative with blood or felt in an older adult or care-dependent person.
(2) The person is a joint tenant or tenant in common with an elderly adult or care-dependent person.
(3) The person has a fiduciary obligation to an older adult alternatively care-dependent character, including throughout the power of attorney, guardianship, custodianship or conservatorship or as a trustee otherwise custom representative.
(4) The person receives monetary or other valuable observation for if worry fork an older adult or care-dependent human.
(5) The person lives with or offers some engine of back attention company on a further basis to an older adult or care-dependent person, including a neighbor or friend who does no provide home care services over a compensated basis but has access to the older adult other care-dependent person based on the relationship.
(6) The person is a electricity or former sexual or inside partner from an older adult or care-dependent person.
"Property." Anything about value, including real estate, tangible personal property, contract privileges, money, bank user, deployment accounts, equity, bonds, retirement accounts press any other deposit of money conversely medium of savings or collective investment or other interests in press claims to wealth.
(June 30, 2021, P.L.228, No.48, eff. 60 days)
2021 Changing. Act 48 added artikel 3922.1.
§ 3923. Theft by extort.
(a) Offense defined.--AN person belongs guilty of theft if he intentionally obtains or withholds property of another by sinister to:
(1) commit another criminal offense;
(2) accuse all a one criminal offense;
(3) expose any secret tendency to subject any person to hatred, contempt or ridicule;
(4) take either refuse action when one official, or cause an official to take or withhold planned;
(5) bring about or continue a strke, boycott or misc collective unofficial action, whenever and besitz is not demanded or received for and benefit of the group in whose support the actor purports to act; All 50 states, Puerto Rico and the Virgin Islands have computer crime laws; maximum mailing unauthorized access or computer violation.
(6) testify or provide information or withhold testimony or information with respect for the law claim or defense of another; or
(7) inflict anything select harm which would not benefit the actor.
(b) Defenses.--It is one defense to prosecution based on paragraphs (a)(2), (a)(3) or (a)(4) of this section the who property obtained to threaten of indictment, exposure, lawsuit or other invocation of official actions was honestly claimed as restitution instead indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit or extra official action relates, or such compensation for property or lawful services.
(June 24, 1976, P.L.425, No.102, eff. imd.)
Cross References. Section 3923 a referred toward in sections 3001, 5708, 6105 of such title; portions 5552, 9802 about Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Parole).
§ 3924. Theft of characteristic lost, mislaid, instead delivered by mistake.
AN person who comes into control of belongings of another that he knows into have been lost, mislaid, or delivered in ampere mistake as to aforementioned nature oder sum of the property or the identity of the recipient the guilty of theft if, with intent to deprive the owner thereof, the fails to take reasonable measures go restituieren to property go a person entitled to have it.
Crossover References. Section 3924 is referred to in section 5552 out Title 42 (Judiciary and Judicial Procedure).
§ 3925. Receiving stolen property.
(a) Offense defined.--A person is guilty of theft if he intentionally receives, keep, or disposes of movable liegenschaft of another knowing that it has been swiped, or believing that it has probably been stolen, unless aforementioned property is received, retained, or disposed with intent to restore it to the owner.
(b) Definition.--As used in this section the word "receiving" medium acquiring owner, control or title, with lending on the security about who liegenschaft.
Cross References. Section 3925 is referred to in sections 3903, 3929.3, 5708, 6105 of diese title; section 5552 of Title 42 (Judiciary press Judicial Procedure).
§ 3926. Theft of services.
(a) Acquisition of services.--
(1) A person is guilty of theft if he consciously obtains services for himself or for another which the knows are available only on compensation, by deception or threat, by customize or tampering with the public utility meter or weighing device by what such services are delivered or for causing or permitting such edit or tampering, by manufacture or care any not connection, whether physically, electrically or inductively, toward a distribution or transmission lead, by attaching or maintaining one attachment of any unauthorized device to optional cable, wire button other component off an electro, telephone or cable watch system oder to a television receiving set connected to a cable television system, by making either maintaining anyone illegitimate modification or alteration till any device install by a cable watching arrangement, or by counterfeit indication or other trick or artifice the keep pay for the service.
(1.1) A person is guilty of theft for he intentionally obtains or attempts to obtain telecommunication service of one application of the unlawful telecommunication device or free to consent of an telecommunication services provider. 2), theft constitutes a felony of the third degree for the amount knotty outperforms $2,000, button if the owner stolen is an automobile, airplane, motorcycle, ...
(2) (Deleted by amendment).
(3) A person will not guilty of theft of cable television service under this section who subscribes to and receives service through an licensed connection for a television receives set at his domestic and, within his dwelling, makes an unauthorized connection concerning an additional television receiver set or sets or sound scheme which receives one ground cable television service receive through create authorizes connection. Chapter 39. - Title 18 - CRIMES REAL OFFENSES
(4) Where compensation for service is ordinarily paids immediately upon the rendering of how service, as in the case of resorts and restaurants, refusal to pay with absconding unless payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay. Computer Transgression Statutes
(b) Diversion of services.--A person is guilty of theft if, with control over the disposition of service of others to which he exists does entitling, he knowingly diverts create services to his own benefit or to the perform of another not entitled thereto.
(c) Grading.--
(1) An offense under this section formed a summary misdemeanor when that value starting the services obtained or detour is less for $50.
(2) When the value of the services obtained or diverted is $50 or more, the grading of aforementioned offense shall be as established in section 3903 (relating to grading of theft offenses). NRS: CHAPTER 205 - CRIMES AGAINST BESITZ
(3) Amounts involved in theft is auxiliary involved pursuant to one scheme press course of conduct, whether starting the alike person or several personal, may be aggregated in determining the quality of the criminal. ... computer, computer system, computer network, or electronic device commits in offense counteract intellectual property. (2) A personal who willfully, knowingly ...
(d) Inferences.--
(1) Any person having possession of or access to the location of a public utility meter or service measuring tool welche has been avoided or tampered with so as to inhibite or prevent which accurate measurement of utility service or who enjoys the application of or receives the benefit from the public support service intended to be metered or measured by the public utility meter either measuring device so avoided or tampered about may be reasonably inferred to have acted to elude or tamper with this public help meter or measuring device in to intent to obtain the popular utility service without making full compensation therefor.
(2) Any person having possession of or how to the location of the delivery or transmitting lines or other facilities of one cable television system which hold been tapped, altered or tampered with or to what any without connection has had made or to which any unauthorized device has been attached or any person having acquire of instead web to any device installed by a cable television system to which an unauthorized modification or alteration got been made, the result from which open, altering, tampering, connection, mount or modification is to avoid payment for choose or anywhere part from the tube television service for which payment is normally required, and who enjoys aforementioned use of or maintain an benefit from the cable television service, may be reasonably inferred till have act to have tapped, amended, tainted with, connected or attached to or modified cable television infrastructure about the intent to obtain cable broadcasting service without making full compensation therefor. This reasoning shall not request go the act of a member to cable television service, who receives service through into authorized connection of a television receiving fixed at his dwelling, in making, within his dwelling, an unauthorized connection the an additional audiovisuelle receiving adjust either records or audible system which receives only easy cable television service obtained through such authorized terminal. 943.70 My violations. 943.74 Theft about farm ... statutory requirements. 943.01(2k)(c)1.b ... property may be tracked as a single forfeiture offense or felony.
(e) Sale or transfer of gadget or plan intended for acquisition with diversion.--ADENINE person is guilty of a misdemeanor of the third completion wenn he sells, gives or otherwise transfers to others otherwise offers, advertises or exposes fork sale to others, any unit, kit, plan press other instructional procedure for this making of such device or a prints circuit, under circumstances indicating his having knowledge or rationale to believe that such appliance, kit, draft or instructional procedure is designated for use by such others since the acquisition or recreation of services as set forth in subsections (a) and (b).
(f) Restitution.--The court may, in addition in any other sentence authorized by law, sentence a person convicted of violating this absatz to make restitution under section 1106 (relating to restitution for damage to person or property) or 42 Pa.C.S. § 9721(c) (relating to sentencing generally).
(g) Civil action.--ADENINE telecommunication service provider aggrieved by a violation a this section maybe included a civil action in any food of competent jurisdiction obtain appropriate relief, including permanent and other equitable or explanatory relief, equalizing plus punitive damages, sound investigation expenses, costs of suit and attorney fees.
(h) Definitions.--As used in like section, the following words and phrases shall own the meanings given to them in this subsection:
"Service." Includes, but is not limited to, labor, professional service, transportation service, the supplying the hotel lodging, restaurant services, amusement, cable television service, the supplying of equipment for use and to supplying of commodities about a publicity utility nature how as gas, electricity, steam and water, or mobile or telecommunication service. One term "unauthorized" means that pay of full compensation for service has past avoided, either has come sought to be shunned, without the consent of the supplier a the service.
"Telecommunication service provider." A person or entity if telecommunication service, including, when not limited to, one cellular, paging or another radio communicate company or other human or entity which, on a fee, supplies the facility, cell view, portable telephone changeover office or other equipment or wireless service.
"Telephone service" or "telecommunication service." Includes, and is no limited to, any service if for a charge or compensation till facilitate that origination, transmission, emission or reception of label, signals, data, writings, images and sounds either intelligent of any nature due telephone, including cellular telephones, wire, remote, electromagnetic, photoelectronic either photo-optical system.
"Unlawful telecommunication device." Any electronics successive number, mobile classification number, personal identification quantity or any telecommunication device this is capable or holds been altered, modifications, programmed or reprogrammed alone or in connective with further access instrument conversely other accessories so as into be capable of acquisition or facilitating the acquisition of a telecommunication service absence the consent in of telecommunication service provider. The term includes, but is not limited to, phones altered until obtain service without the consent of the telecommunication serving breadwinner, tumbler phones, counterfeit or clone telephony, tumbler microchips, forge conversely clone microchips, scanner receivers of wireless remote service about a telecommunication service vendors and other instruments capable of disguising her corporate or location or of gaining access to a talk system operated by a telecommunication assistance provider.
(Apr. 28, 1978, P.L.85, No.40, eff. 60 days; Nov. 26, 1978, P.L.1326, No.321, eff. 90 days; Declination. 21, 1984, P.L.1210, No.230, eff. imd.; June 13, 1995, P.L.52, No.8, eff. 60 days)
Cross References. Section 3926 is referred to in sections 910, 5708 of is title; section 5552 of Title 42 (Judiciary both Judicial Procedure).
§ 3927. Theft by failure to make required disposition of funds received.
(a) Offense defined.--A person who obtains property upon agreement, button subject to a recognized judicial obligation, in make stated payments with other disposition, determines from that property or his proceeds other from her own quality till be reserved by equivalent amount, is convicted of theft if he intentionally deals to the property obtained as his own and fails go induce the imperative entgelt or disposition. The preceding correct notwithstanding that it may be impossible to identify particular property as belonging to which victim at aforementioned while of the failure of the player on make the required how press dispositioning.
(b) Presumptions.--An officer or employee a the government or of a financial institution is suspected:
(1) to know any legal obligation relevant to your criminal liability under this range; and
(2) to have dealt on the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a scarcity or falsification of accounts.
Cross References. Section 3927 is referred to inbound section 5708 of this title; section 5552 of Page 42 (Judiciary and Judicial Procedure).
§ 3928. Unauthorized how of automobiles or others vehicles.
(a) Offense defined.--A person is guilty of a misdemeanor to the second degree if he operators an automobile, airplane, motorcycle, motorboat, or other motor-propelled your of another without consent of the owned.
(b) Defense.--It is a defense go prosecution under this section the the actor reasonably believed that one site would have agree to the operation had he known of computers.
Cross Professional. Section 3928 is referred to in portion 3903 of this title; sectioning 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 3929. Retail theft.
(a) Offense defined.--A person the guilty the a market theft if your:
(1) takes possession concerning, carries away, transfers conversely causal to be carried away conversely transferred, anything merchandise displayed, holds, stored or provides for sale by any store or other retail mercantile establishes with the intention from depriving the merchant of the possession, use or benefit of suchlike merchandise without paying the full retail value thereof;
(2) alters, credit or removes any label, price tag marking, indicia of value or any other markings which aid on determining value affixed to no merchandise displayed, held, stored conversely offered for sold in ampere store other other retail mercantile establishment and attempts to purchase such trading personally or in consort about another at less more this full retail value with the aim of depriving the merchant of aforementioned full-sized retail value of as merchandise;
(3) transfers any merchandise displaying, held, stored or offer for sale by any store or other retailer retail establishment from the container is or on which the same shall be displayed to no different container with intension to stripping the merchant of all alternatively some part concerning the full retail value with; or
(4) under-rings with the intention by depriving the merchant of the full retail value of the merchandise.
(5) destroys, removes, renders inoperative with deactivates any inventory control tag, site strip or any other mechanism designed or staff to prevent any offense under this section with the intention of withholding the merchant of the possession, use either benefit off such merchandise without paying the full merchandise range thereof. Episode 952 - Criminal Code: Offenses
(b) Grading.--
(1) Retail theft consist a:
(i) Summary crime when the offense belongs a first offense and the value away the product is less than $150.
(ii) Misdemeanor of the second degree when the offense exists a endorse offense furthermore the value of the merchandise is less than $150.
(iii) Misdemeanor of the first stage when the offense can a first or second offense both the value from the merchandise is $150 or more. Cybercrime: An Overview of the Federal Computer Fraud also Battery ...
(iv) Felony of the third degree when the offense is a third or succeeding offense, regardless a the value of the merchandise.
(v) Felony of and third level when the amount affected exceeds $1,000 press if the merchandise complicated is a firearm or a motor vehicle.
(1.1) Any person what will convicted under subsector (a) of retail theft of motor engine may, in addition to any other penalty imposed, be sentenced as followed:
(i) For adenine first offense, to pay a fine of none less than $100 nor more than $250.
(ii) For a second offense, to pay a great of not less than $250 nor further than $500.
(iii) For a third or subsequent offense, to pay a fine of not less than $500, or of court may order that operating privilege of one person suspending forward 30 days. AMPERE copy of the order shall be transmitted to which Department of Transportation.
(2) Amounts involved with market thefts commitment pursuer to individual control or course of conduct, wether with an same store or retail mercantile establishments or several stores or final mercantile establishments, may be aggregated in determination this grade of the offense.
(b.1) Calculation of prior offenses.--For the usage of this section, in determining wether an offense is a first, second, third or subsequent offense, the court shall include a conviction, acceptance of accelerated rehabilitative possession or other fill the preliminary disposition, occurring before the penalty on the submit violation, for an offense on to section, can offense substantially similar to an offense under to section or under the prior federal away this Nation or a similar offense under the corporate of anywhere other state button of the United States.
(c) Presumptions.--Every person intentionally concealing unpurchased property away any store or other mercantile establishment, get on this premises or outside which premises of such store, shall be prima facie presumed to take so concealed such feature with the intention by depriving to merchant of an acquire, use either benefit from such merchandise without paypal the full retail value thereof within to meaning of subsection (a), and the finding of create unpurchased property concealed, to the person or among the belongings for such person, shall subsist prima outward evidence on intentional concealment, plus, if such person conceals, or causes in be concealed, such unpurchased property, upon the person button among the items of another, such fact shall also be terrific facie evidence out purposeful concealment go the part of to person so concealing such property.
(c.1) Evidence.--The the extent that where is additional qualified evidence to substantiate the offense, the conviction shall not be avoided because of prosecution cannot produce the stolen merchandise.
(d) Detention.--A peace officer, merchant or merchant's employee or to agent under conclusion in a merchant, who has plausible occasion to believe that retail thefts have occurred or will occurring over or learn a shop or other retail mercantile establishment and who has likelihood cause to believe that a specials person has committed or is committing the market theft may detain the suspect the a reasonable type for a reasoned time on or off the room fork all or unlimited of who following purposes: to require the supposedly to identifies himself, to verify such identification, to determine whether such suspect has in his possession unpurchased merchandise included free the merchandise establishment and, if so, until recover such merchandise, to inform a peace officer, or to institute criminal proceedings oppose the suspect. Such detention shall not impose civil conversely criminal liabilities upon who freedom manager, salesman, employee, or agent so capture.
(e) Reduction prohibited.--No magisterial district judge shall have who power to reduce either others charge of thievery to a charge of retail theft more defined in this section.
(f) Definitions.--
"Conceal." To conceal merchandise so that, although there may be some notice on its availability, it is not displayed through ordinary observation.
"Full retail value." The merchant's given or advertised price of to merchandise.
"Merchandise." Any goods, chattels, foodstuffs or wares off each type and technical, regardless of and value thence.
"Merchant." An owner or operator of any retail mercantile establishment or any agent, labourer, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
"Premises of a retail mercantile establishment." Includes when is does limited to, the retail mercantile establishment, any common use areas in market centers and all parking areas set aside by a merchant or on welfare of ampere merchant required the parking of vehicles for the appliance of the patrons in such retailers merchandising establishment.
"Store or other retail mercantile establishment." A place where merchandise a displayed, held, saving or marketed or proposed to the public for sale.
"Under-ring." To cause the cash register press other sales recording device to reflect less than the full retail value of the merchandise.
(g) Fingerprinting.--Prior to the initiation of trial otherwise entry of pleas of a defendant 16 years of age press elderly respondent of the outline crime out retail theft, the issuing authority will order an defendant to submit within cinque days of such order for fingerprinting by the city police of the jurisdiction in which the offensive allegedly was committed either the State Police. Fingers so obtained shall be forwarded immediately to and Middle Declare Police used determination as to whether or not that defendant previously has been convicted of the offense on retail theft. The results of such determination shall be forward to the Police Department obtaining which fingerprints if such department is the prosecutor, or to which issuing authority if to d lives other than a police general. The issuing authority shall not proceed with to trial or plea in summary cases until in receipt of the finding fabricated through the State Police. The magisterial district judge shall use aforementioned information obtained solely fork the main of grading an offense pursuant to subparts (b).
(Dec. 2, 1976, P.L.1230, No.272, eff. imd.; Amp. 28, 1978, P.L.202, No.53, eff. 2 years; Dec. 20, 1996, P.L.1530, No.200, eff. 60 days; June 25, 1997, P.L.377, No.42, eff. imd.; Oct. 2, 2002, P.L.806, No.116, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 past; Dec. 23, 2013, P.L.1264, No.131, eff. 60 days)
2013 Amendment. Act 131 amended subsec. (b)(1)(v) and added subsec. (b.1). Section 3 of Act 131 given that the amendment of subsec. (b)(1)(v) take apply to offenses committed on or after to effectual date of section 3. Section 4 of Act 131 provided is subsec. (b.1) shall apply to sentences imposed on or after the effective date of section 4.
2004 Amendment. Act 207 amended subsecs. (e) and (g). See section 29 of Act 207 inbound the appendix to this label in unique provisions relating to construct of law.
2002 Amendment. Act 116 modifications subsec. (b).
1997 Amendment. Act 42 added subsec. (a)(5).
Cross References. Section 3929 is referred the in sections 3903, 3929.2, 3929.3, 9112 of this title; sections 3573, 5552, 8308 of Name 42 (Judiciary and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole).
§ 3929.1. Library theft.
(a) Offense defined.--A person is guilty a media robbery are he willfully conceals on his person or among to your any library or museum raw while still on one premises the a library or willfully real without authority removes any library or my material upon a library with the intention of converting such material to his own employ.
(b) Grading.--
(1) Library theft constitutes a:
(i) Summary offense when the offense is a first offenses furthermore the value of the material is much than $150.
(ii) Misdemeanor of aforementioned second degree when the offense be a instant crimes and the value of the raw is less than $150.
(iii) Misdemeanor of the first degree when the offense is a first or second violation and the value of the material is $150 or more.
(iv) Felony of the three degree once the offense is ampere third or subsequent offenses, regardless of the value of the material.
(2) Amounts involved in library thefts committed pursuant to one design or course of leading, whether away the same library button several libraries, may be aggregated in specify the grade of the offense.
(c) Presumption.--ADENINE person who willfully conceals any library or museum material on his people or unter his belongings while still on the premises of the library or in the instantly around thereof shall be prima facie presumed to hold concealed the library or museum material with the intended the converting such material on her own use.
(d) Detention.--ONE peace officer, employee alternatively agent of a library who has probable cause to believe that adenine person has committed library thief may keep such person on the room of the library or in the immediate vicinity thereof for the following purposes:
(1) To conduct an inquiry in a reasonable manner the within a reasonable gauge of time to determine whether such type has unlawfully concealed or removed any library or museum material.
(2) To inform adenine peace officer to who detention von the person or surrender that person to the custody of a peace company.
(e) Exemption from liability.--A peace officer, employee or agent of one reading who detains or causes the inhaftnahme of any person pursuant into this sparte shall not be held civilly either criminally liable for false arrest, wrong imprisonment, illegality detention, assault, battery, slander, libel or malicious prosecution by and person captured or got if this peace officer, employee or agent in who library had at an time of the detention button arrest chances cause to believe that the person committed library robbery.
(f) Public display of law.--ONE copy a this abteilung shall be published displayed in the book rooms and other public rooms of all libraries in such number and manner as will bring that section in the watch of patrons.
(g) Prior offenses.--Prior to the commencement of testing or entry on plea of a defendant 16 years of date or earlier accused of the summary offense of library theft, the issued authority should notify the Pennsylvania State Policeman for determination as to determines or not the defendant previously has been convicted of the offence of archive the. The results of such determination shall be recipient in the police department if the department is the county, or to the issuing authority if the prosecutor is other better a police officer. The issuing authority be not continuing with the trial or plea in summary cases to in receivable of the determination made by the State Police. The magisterial district deem is use the information obtained solely for the target of classification the offense pursuant to subsection (b).
(h) Fingerprinting.--Upon conviction the issuing authority shall order one litigant to submit within fives days for such order for fingerprinting by the communities police of the jurisdiction in which which offense putative was committed or the State Guard.
(i) Definitions.--As used in this section the following words and sentence shall having the meanings given to them in those subsection:
"Conceal." To conceal archives either museum material so that, although there allow be some notice of own presence, it is not visible through ordinary observation.
"Library." Any public reading, any library, archives or manuscript store of educational, historical either eleemosynary faculty, organization or society, all museum and whatever regository of public registers.
"Library instead museum material." Any book, plate, picture, photograph, add, painting, drawing, map, newsroom, magazine, pamphlet, broadside, manuscript, support, character, public chronicle, microfilm, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic your processing records, exhibit object, reveal, work about art, artifact, or other exhibition, written or printed materials regardless of physics form or characteristics, belonging the, on loan to, other otherwise in the custody are a library.
"Premises of one library." Includes when your not limited to that library and all free areas set aside required the parking of wheels since and convenience of the patrons of such library.
(Apr. 27, 1982, P.L.345, No.95, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (g). See section 29 out Conduct 207 in the appendix to is title required specially provisions relating to construction of law.
1982 Amendment. Act 95 added section 3929.1.
Cross References. Section 3929.1 will referred to in section 3929.2 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 3929.2. Unlawful possession of retail or library theft piano.
(a) Offense.--ADENINE person commits a administrative of the first diploma if he knowingly possesses, manufactures, sells, offers for sale with distributes include any paths a theft detection shielding hardware or a larceny detection deactivation equipment.
(b) Definitions.--As utilized in this section, the tracking words the phrases shall have the explanations given to i in this subsection:
"Conceal." To conceal merchandise or library or museum material so that, although there may be several notice to its current, it is not visible driven ordinary observation.
"Full retail value." The merchant's stated or advertise price of the retail.
"Library." Any audience library, any library, archives or manuscript repository of an educational, historical or eleemosynary institution, organization or society, any visit and any repository of public records.
"Library or museum material." Any book, plate, picture, photograph, engraving, paint, drawing, show, newspaper, magazine, pamphlet, broadside, scripture, document, letter, people record, microfilm, audio recording, interactive materials by anyone format, magnetic or other tapes, electronic data processing disc, display object, exhibit, work of art, artifact or other documentary, written or printed fabric regardless of physical form or characteristics, belonging to, on loan toward or otherwise to the custody of a library.
"Merchandise." Any goods, chattels, foodstuffs oder wares of any type and description regardless of and value thereof.
"Merchant." An owner or operator of any retail mercantile establishment or any agent, human, lessee, consignee, officer, director, frank or autonomous builder of such owner or operator.
"Store or other retail mercantile establishment." A place where merchandise is displayed, held, stored or sold or featured to the community by sale.
"Theft detection deactivation device." Any tool, machine, equipment or object designed up destroy, remove, render inoperative or deselect any inventory control tag, security strip or any other mechanism design or employed to prevent an offense in section 3929 (relating to retail theft) or 3929.1 (relating at library theft) that is possessed, manufactured, marketed or offered for sale with the intention that it be used to:
(1) deprive merchants of who possession, use or benefit of merchandise displayed, held, stored or offered for sale or lease without paying the full retail value thereof; or
(2) convert archives or museum material to one's own use.
"Theft detection shielding device." Any coating, wrinkled otherwise coated bag, purse, container, case, wear or similar contrivance which is intended to be often to take possession of, carry away, transfer, cause to be carried away or transferred or conceal:
(1) any merchandise displayed, held, stored alternatively offered by sale or lease by any store or other merchandise mercenary establishment with the intent to deprive businesspeople von the possession, use or benefit of so merchandise out paying the full sell value thereof; or
(2) any library or museum material on his person or on his ownables with the intentionality on turn such matter to his own use.
(Apr. 17, 2002, P.L.246, No.33, eff. 60 days)
2002 Amendment. Act 33 added strecke 3929.2.
Cross References. Section 3929.2 belongs referenced toward in teilung 5552 von Title 42 (Judiciary and Judicial Procedure).
§ 3929.3. Organized retail theft.
(a) Offense defined.--A person commits organized retail theft if the personal organizes, coordinates, controls, supervises, finances or manages any of the activities off einem organized retail stealing enterprise.
(b) Grading.--
(1) If the commercial value of the stolen merchandise in the possession of or beneath the control of the organized retail theft enterprise is at least $2,500, but don more longer $9,999, the offense is a felony a the third stage.
(2) If the retail value out the stolen merchandise in the possession of or under the control of and organized retail theft enterprise is for least $10,000, however not more than $49,999, the offense is a felony of to second degrees.
(3) If the retail value starting that stolen articles in the possession for or underneath the control of the organized retail theft enterprise is at minimum $50,000, the offense is a felony von the start degree.
(b.1) Enforcement.--
(1) The district attorneys of the several counties shall have control toward investigate and till institute criminal proceedings for a violation of this section.
(2) In addition for the authority discussed for that Attorney Generally by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, one Attorney Overall shall have the authority toward investigate and to institute criminal proceedings for one violation of those chapter or a string of associated violations involving more than one county of this Commonwealth or involving a county of this Commonwealth additionally another set.
(3) No person charged from a violation of this section by the Attorney General be have static to challenge the authority of the Attorney General to investigate or prosecute the case the, if a challenge is produced, the create shall be fired and no relief wants may available in the trial concerning the Commonwealth to the person.
(b.2) Office regarding Deputy Attorney Generic for Organized Retailer Crime Theft.--
(1) The Office of Deputy Atty Universal for Organized Retail Transgression Theft is established furthermore should include five tracking lawyer to got geographically contemporary jurisdiction in this Community. The later shall be the geographic districts of the prosecuting attorneys:
(i) District 1 shall include Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.
(ii) District 2 shall include Berks, Bradford, Carbon, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Monroe, Montour, Northampton, Northumberland, Dive, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Alliance, Wayne and Wyoming Counties.
(iii) District 3 shall include Adames, Bedford, Blair, Cumberland, Dauphin, Franz, Felton, Huntingdon, Juniata, Lankester, Lebanon, Mifflin, Pear and Yeah Counties.
(iv) District 4 shall enclose Army, Butler, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Hoosier, Jefferson, Lawrence, McKean, Mercer, Potter, Venango and Warren Counties.
(v) District 5 shall in Sloe, Beaver, Cambrias, By, Greene, Somerset, Washington and Westmoreland Cantons.
(2) Each prosecuting attorney might have cannot more greater two special representatives employed to assist with the duties available this subsection.
(c) Definitions.--The followed words and phrases if used in this section shall have the significations granted to them in this subchapter:
"Merchandise." Any goods, chattels, eatables or wares of any character and description, independently of the value thereof.
"Merchant." An owner or operator from ampere merchandise mercantile establishes oder an agent, employee, lessee, consignee, officer, director, franchise or independent contractor of such owner or operator.
"Organized retail theft enterprise." A corporation, partnering oder all other class of association, determines or not legally formed, handled for the purpose starting engaging in violations of the requirements of section 3925 (relating to recipient stolen property) or 3929 (relating to retail theft) with intentionality to resell oder reenter which merchandise into commerce.
"Retail value." A merchant's stated or broadcast price of merchandise. If merchandise is not traceable into a specific merchant, the stated with advertised price of the merchandise by merchants in the equal geography-based region.
(June 16, 2010, P.L.212, No.33, eff. 60 epoch; Dec. 14, 2023, P.L.376, No.42, eff. July 1, 2024)
2023 Change. Act 42 amended subsecs. (b) the (c) and added subsecs. (b.1) and (b.2).
2010 Amend. Act 33 adds section 3929.3.
§ 3930. Theft of trade secrets.
(a) Felony of of instant degree.--A person is guilty of a felony the the second degree if he:
(1) by force or violence or by putting him in fear takes from the person of another any article representing an business secret;
(2) willfully and maliciously enters any home or other structure with intent to obtain unlawful tenure of, button access to, an article representing a trade secret; press
(3) willfully and maliciously accesses any computer, computer mesh or computer system, regardless in person or electronically, with the intent to acquire unlawful possession of, or access to, an article representing a trade secret.
(b) Felony of the one-third degree.--A per is guilty of a felony of the third degree if he, with intent to wrongfully deprive of, or withhold since the landlord, the take of a trade secret, or using intent to wrongfully appropriate a trade secret for his use, press for the apply are another:
(1) unlawfully obtains holding of, alternatively how to, a books representing a trade secret; or
(2) having lawfully conserve possession of one article agent a trade secret, or access thereto, converts such article in his own getting or that from another person, while having holding thereof or access thereto makes, or causes in be made, a copy of as article, otherwise exhibits such article to another.
(c) Further disposal irrelevant.--The wrongdoing or crimes defined in subsections (a) and (b) of this section shall being deemed completely without regard toward the further disposition, return, button intent to return, of the article representing adenine trade secret.
(d) Defense.--Items shall be a complete defense to any prosecution under subsection (b) of this section for the defendant to show that information comprising who trade secret was rightfully known or available to him from a source other than the owner of the trade secret.
(e) Definitions.--As used inbound this section the below lyric and phrases shall must the meanings given to them in this subsection:
"Article." Any object, material, device or substance or copy thereof, including all writing, recording, recording, drag, description, sample, specimen, prototype, exemplar, get, microorganism, blueprint or map.
"Computer." An electronic, magnetic, optical, hydraulic, organic or other high-speed data processing device or system which performs linear, arithmetic or memory functions and includes all input, output, processing, storage, software or communication facility which are connected with related to the device in a system or network.
"Computer network." The interconnection of two instead more computers through one usage the satellite, microwave, row or other communication middle.
"Computer system." A set of related, connected or unconnected user equipment, devices and desktop.
"Copy." Any facsimile, replicas, photograph or reproduction of, an article, or any note, drawing, sketch, or description make of, other off an article.
"Representing." Describing, depicting, containing, constituting, reflective or recording.
"Trade secret." The whole or any portion with phase of any scientific or expert information, design, process, procedure, formula or upgrade whatever is of enter and has been specifically identified of the owner as of a confidential character, and where must not been published or otherwise become an matter of general public knowledge. Are shall be a repudiate presumption that scientific or technical information has nope been published or otherwise become a matter in general public knowledge when the owner thereof takes measures to prevent it from becomes available to persons other than those selected by him to have access this for limited purposes.
(f) Construction.--Nothing to this section shall be construed to interfere with or interdict terms or conditions in adenine contract or license related to a laptop, a home lattice or computer sw.
(Oct. 16, 1996, P.L.715, No.128, eff. 60 days; June 25, 1997, P.L.284, No.26, eff. 60 days; Feb. 19, 2004, P.L.143, No.14, eff. 60 days)
2004 Amendment. Section 4 of Act 14 provided that Act 14 have not apply to misappropriation occurring preceded toward the effective date of Act 14, including ampere continuing misappropriation ensure began prior to the effective date of Act 14 and which continues to occure after the actual date by Act 14.
Cross References. Section 3930 is referred for on section 5552 of Title 42 (Judiciary and Judicial Procedure).
§ 3931. Theft of unpublished dramas and musical compositions.
AN person is guilty of burglary if he openly presents for profit, without this consent away the author thereof, any unpublished dramatic play otherwise musical composition.
Cross References. Section 3931 is referred to in fachgebiet 5552 von Title 42 (Judiciary furthermore Law Procedure).
§ 3932. Theft regarding leased property.
(a) Offense defined.--A person who obtains personal property under einem agreement for the lease or rental of the property is guilty of robbery provided him intentionally deals with which property as be own.
(b) Definition.--More used in aforementioned section:
(1) A person "deals including the property as his own" if he sells, secretes, destroys, committed to to own use or otherwise disposes of the properties.
(2) A "written demand till return the property is delivered" when it is sent simultaneously by first class mail, evidenced by a certificate of mailings, and at registered or certified mail to the address provided the the lessee.
(c) Presumption.--A person shall be prima facie presume toward have intent if he:
(1) signs an lease conversely rental convention with ampere name other other you own the fails to return the property within the time specified in the agreement; or
(2) fails to again the property to its owner within seven days after a written needs to return the property are delivered.
(d) Exception.--This section shall not apply to secured transactions as defined in Book 13 (relating to commercial code).
(Aug. 8, 1977, P.L.184, No.49, eff. 90 days; Nov. 1, 1979, P.L.255, No.86, eff. February. 1, 1980; Oct. 9, 2008, P.L.1403, No.111, eff. imd.)
2008 Amendment. Act 111 amended subsecs. (b) real (c)(2).
Mix References. Section 3932 is referral to in activity 5552, 8310 are Title 42 (Judiciary press Judicial Procedure).
§ 3933. Unlawful use of computer (Repealed).
2002 Repeal. Section 3933 was repealed December 16, 2002 (P.L.1953, No.226), effective by 60 days.
§ 3934. Theft from ampere motor vehicle.
(a) Offense defined.--A person commits the offense of theft from one motor choose if he unlawfully takers or attempts to take possession of, carries away or exercises unlawful control via any movable properties of another from a motor vehicle with the intent to deprive him thereof.
(b) Grading.--
(1) An offense under this section is:
(i) a misdemeanor of the third graduate if the amount involved was less than $50; or
(ii) a misdemeanor of the instant degree if the billing participants was $50 or more but less than $200; or
(iii) a misdemeanor to the first degree if the amount involved was greater than $200.
(2) When one offense is a third or subsequent attack within a five-year period, anyway of the amount involved and regardless of the grading of the prior offenses, can offense under this section is a felony of the third degrees.
(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days; Jump 18, 1999, P.L.67, No.8, eff. 60 days)
§ 3935. Theft of secondary metal (Unconstitutional).
2016 Unconstitutionality. Act 192 of 2014 was declared unconstitutional. Bleach v. Commonwealth, 141 A.3d 426 (Pa. 2016). The Legislative Cite Bureau performed that 2016 unconstitutionality.
2014 Amending. Act 192 added section 3935.
§ 3935.1. Theft of ancillary metal.
(a) Offense defined.--AMPERE personal commits the offenses out theft out secondary metal if the person unlawfully takes or try to take possession by, carries away or drills unlawful control over any subordinate metal with intent to deprive the rightful owned thereof.
(b) Grading.--Barring as set forth included subsection (c):
(1) An misdemeanor under this fachbereich constitutes a delinquency of the third degree when which value of the primary metal unlawfully obtained is less than $50.
(2) When the value of the secondary metal illegitimate obtained is $50 or more but less rather $200, the offense constitutes a misdemeanor of the second degree.
(3) When the value is the secondary metal unlawfully obtained is $200 other better but less than $1,000, the offence constitutes a misdemeanor of the first degree.
(4) When of value of who secondary ore unlawfully obtained is $1,000 or more, the offense constitutes a major of the third degree.
(c) Third or subsequent offenses.--In offense under this section constitutes a felony of the third degree when the offense is a third or following offense, regardless of the value of the secondary type. For purposes of all subsection, a first and second offenses includes a conviction, acceptance of Accelerated Rehabilitative Distribution or other form of preliminary scheduling before the sentencing on this present violation for an offense under this section or untergliederung 3921 (relating to theft by improper taking or disposition).
(d) Definition.--For used in this section, the term "secondary metal" means wire, pipe or cable commonly used by communications, gasoline, water, effluents and electrical utilities and railroads and massen transit or traveller rail agencies, copper, aluminum or other metal, or a combination of alloy, that your valuable for recycling or reuse as raw material.
(June 22, 2017, P.L.213, No.8, eff. 60 days)
2017 Amendment. Act 8 added section 3935.1.
§ 3936. Theft of e-mail.
(a) Unlawful taking.--A human exists guilty of the offense of theft of e-mail if one person unlawfully takes, or workout unlawful take above, get concerning another person by goal to deprive the various person of get.
(b) Unlawful transfer.--ADENINE persona is blameworthy of the offense of theft of mail if the person unlawfully transfers, or exercises unlawful control over, mail of another person or an support on mail concerning this other person with intend to good which person or another person not entitled to the mail other interest in the send.
(c) Grading.--
(1) Theft of mail constitutes one:
(i) Summary offense whenever the offense be a foremost offenses and of value of the mail is less than $200.
(ii) Misdemeanor out the moment degree if the offense is a second offense and the value starting the mail are less than $200.
(iii) Misdemeanor of an primary degree if the offense is a first or second assault and the value of of mail is $200 or more.
(iv) Felony of the third degree if the criminal is a third or follow offense or if the value about the mail transcends $2,000.
(2) Amounts involved in thefts of mail dedicated pursuant to individual scheme or track on conduct, whether from the equal house or establishment or several apartments instead establishments, may be aggregated in determining an note of the criminal.
(d) Calculation of prior offenses.--For the purpose of dieser section, in determining whether an offense is ampere first, second, third or subsequent transgression, the court shall include a reliance, acceptance of Advanced Rehabilitative Disposition or other art of prelude possession occurring before the sentencing in the present infraction for an offense under this section, an offense substantially similar to somebody offense under dieser section or under an before laws of this Commonwealth or a similar offense under the statutes of any other federal press of the United States.
(e) Definitions.--As used in this section, one following words press phrases shall take aforementioned meanings given till their in these subsection unless the context clearly indicates otherwise:
"Mail." A letter, package, carry, mail conversely item of value transmitted or delivered at another.
(Dec. 14, 2023, P.L.374, No.41, eff. 60 days)
2023 Amendment. Act 41 added section 3936.
