PRINTER'S NO. 658
No. 556 Session of 2003
INTRODUCED BY HARPER, BLAUM, GANNON, BOYES, HASAY, BROWNE,
HANNA, HUTCHINSON, JAMES, LEWIS, MANDERINO, NICKOL, PALLONE,
STETLER, TURZAI AND WALKO, MARCH 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the grading of
3 theft offenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3903 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3903. Grading of theft offenses.
9 [(a) Felony of the second degree.--Theft constitutes a
10 felony of the second degree if:
11 (1) The offense is committed during a manmade disaster,
12 a natural disaster or a war-caused disaster and constitutes a
13 violation of section 3921 (relating to theft by unlawful
14 taking or disposition), 3925 (relating to receiving stolen
15 property), 3928 (relating to unauthorized use of automobiles
16 and other vehicles) or 3929 (relating to retail theft).
17 (2) The property stolen is a firearm.
18 (3) In the case of theft by receiving stolen property,
1 the property received, retained or disposed of is a firearm
2 and the receiver is in the business of buying or selling
3 stolen property.
4 (a.1) Felony of the third degree.--Except as provided in
5 subsection (a), theft constitutes a felony of the third degree
6 if the amount involved exceeds $2,000, or if the property stolen
7 is an automobile, airplane, motorcycle, motorboat or other
8 motor-propelled vehicle, or in the case of theft by receiving
9 stolen property, if the receiver is in the business of buying or
10 selling stolen property.]
11 (a.2) Felony of the first degree.--Theft constitutes a
12 felony of the first degree if the amount involved is $500,000 or
13 more.
14 (a.3) Felony of the second degree.--Except as provided in
15 subsection (a.2), theft constitutes a felony of the second
16 degree if:
17 (1) The offense is committed during a manmade disaster,
18 a natural disaster or a war-caused disaster and constitutes a
19 violation of section 3921 (relating to theft by unlawful
20 taking or disposition), 3925 (relating to receiving stolen
21 property), 3928 (relating to unauthorized use of automobiles
22 and other vehicles) or 3929 (relating to retail theft).
23 (2) The property stolen is a firearm.
24 (3) In the case of theft by receiving stolen property,
25 the property received, retained or disposed of is a firearm
26 and the receiver is in the business of buying or selling
27 stolen property.
28 (4) The amount involved is $100,000 or more but less
29 than $500,000.
30 (a.4) Felony of the third degree.--Except as provided in
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1 subsections (a.2) and (a.3), theft constitutes a felony of the
2 third degree if the amount involved is $2,000 or more but less
3 than $100,000, or if the property stolen is an automobile,
4 airplane, motorcycle, motorboat or other motor-propelled
5 vehicle, or in the case of theft by receiving stolen property,
6 if the receiver is in the business of buying or selling stolen
7 property.
8 (b) Other grades.--Theft not within subsection [(a) or (a.1)
9 of this section] (a.2), (a.3) or (a.4), constitutes a
10 misdemeanor of the first degree, except that if the property was
11 not taken from the person or by threat, or in breach of
12 fiduciary obligation, and:
13 (1) the amount involved was $50 or more but less than
14 $200 the offense constitutes a misdemeanor of the second
15 degree; or
16 (2) the amount involved was less than $50 the offense
17 constitutes a misdemeanor of the third degree.
18 (c) Valuation.--The amount involved in a theft shall be
19 ascertained as follows:
20 (1) Except as otherwise specified in this section, value
21 means the market value of the property at the time and place
22 of the crime, or if such cannot be satisfactorily
23 ascertained, the cost of replacement of the property within a
24 reasonable time after the crime.
25 (2) Whether or not they have been issued or delivered,
26 certain written instruments, not including those having a
27 readily ascertainable market value such as some public and
28 corporate bonds and securities, shall be evaluated as
29 follows:
30 (i) The value of an instrument constituting an
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1 evidence of debt, such as a check, draft or promissory
2 note, shall be deemed the amount due or collectible
3 thereon or thereby, such figure ordinarily being the face
4 amount of the indebtedness less any portion thereof which
5 has been satisfied.
6 (ii) The value of any other instrument which
7 creates, releases, discharges or otherwise affects any
8 valuable legal right, privilege or obligation shall be
9 deemed the greatest amount of economic loss which the
10 owner of the instrument might reasonably suffer by virtue
11 of the loss of the instrument.
12 (3) When the value of property cannot be satisfactorily
13 ascertained pursuant to the standards set forth in paragraphs
14 (1) and (2) of this subsection its value shall be deemed to
15 be an amount less than $50. Amounts involved in thefts
16 committed pursuant to one scheme or course of conduct,
17 whether from the same person or several persons, may be
18 aggregated in determining the grade of the offense.
19 (c.1) Sentencing enhancement for theft of public funds or
20 theft in breach of a fiduciary duty.--Notwithstanding section
21 1103 (relating to sentence of imprisonment for felony), the
22 maximum term of imprisonment for an offense graded under this
23 section may be increased by a term of imprisonment of up to five
24 years when the theft is from the Commonwealth, a political
25 subdivision, a local authority or a public or private charitable
26 organization or when the theft constitutes a breach of fiduciary
27 duty.
28 (d) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
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1 "Charitable organization." As defined under section 3 of the
2 act of December 19, 1990 (P.L.1200, No.202), known as the
3 Solicitation of Funds for Charitable Purposes Act.
4 "Manmade disaster." Any industrial, nuclear or
5 transportation accident, explosion, conflagration, power
6 failure, natural resource shortage or other condition, except
7 enemy action, resulting from manmade causes, such as oil spills
8 and other injurious environmental contamination, which threatens
9 or causes substantial damage to property, human suffering,
10 hardship or loss of life.
11 "Natural disaster." Any hurricane, tornado, storm, flood,
12 high water, wind-driven water, tidal wave, earthquake,
13 landslide, mudslide, snowstorm, drought, fire, explosion or
14 other catastrophe which results in substantial damage to
15 property, hardship, suffering or possible loss of life.
16 "War-caused disaster." Any condition following an attack
17 upon the United States resulting in substantial damage to
18 property or injury to persons in the United States caused by use
19 of bombs, missiles, shellfire, nuclear, radiological, chemical
20 or biological means, or other weapons or overt paramilitary
21 actions, or other conditions such as sabotage.
22 Section 2. This act shall take effect in 60 days.
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