PRINTER'S NO. 792
No. 708 Session of 2001
INTRODUCED BY KAISER, YOUNGBLOOD, CLARK, M. COHEN, COLAFELLA,
LAUGHLIN, WOJNAROSKI, READSHAW, CALTAGIRONE, TIGUE, STABACK,
L. I. COHEN, LEDERER, HORSEY, HENNESSEY, PRESTON, MICHLOVIC,
SOLOBAY, WASHINGTON AND HARHAI, FEBRUARY 14, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for definition of and use or
3 possession of personal protection spray devices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 908.1. Use or possession of personal protection spray
9 devices.
10 (a) Offense defined.--A person commits an offense by using a
11 personal protection spray device on a law enforcement officer or
12 another person with the intent to commit any crime.
13 (b) Authorized possession.--A person may possess and use a
14 personal protection spray device in the exercise of reasonable
15 force in defense of the person or the person's property only if
16 the personal protection spray device is labeled with or
17 accompanied by clearly written instructions as to its use and
1 the dangers involved in its use.
2 (c) Prohibited possession.--
3 (1) No person under 18 years of age shall purchase or
4 possess a personal protection spray device unless the person
5 is at least 14 years of age and has the written consent of a
6 parent or guardian to do so.
7 (2) No person prohibited from possessing a firearm
8 pursuant to section 6105 (relating to persons not to possess,
9 use, manufacture, control, sell or transfer firearms) may
10 possess or use a personal protection spray device.
11 (d) Grading.--An offense under subsection (a) shall
12 constitute a felony of the second degree if the actor acted with
13 the intent to commit a felony. Otherwise any offense under this
14 section is a misdemeanor of the first degree.
15 (e) Exceptions.--Nothing in this section shall prohibit the
16 sale or furnishing of any personal protection spray device to or
17 its possession of or use by a law enforcement agency, peace
18 officer, the National Guard or National Guard reserves or a
19 member of the National Guard or National Guard reserves for use
20 in their official duties.
21 (f) Civil liability.--Any civil liability of a minor arising
22 out of the minor's use of a personal protection spray device
23 other than for self-defense is imposed upon the person, parent
24 or guardian who signed the statement of consent specified in
25 subsection (c)(1) who shall be jointly and severally liable with
26 the minor for any damages proximately resulting from the
27 negligent or wrongful act or omission of the minor in the use of
28 the personal protection spray device.
29 (g) Definition.--As used in this section, the following
30 words and phrases shall have the meanings given to them in this
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1 subsection:
2 "Personal protection spray device." A commercially available
3 dispensing device designed and intended for use in self-defense
4 and containing a nonlethal sternutator or lacrimator agent,
5 including, but not limited to:
6 (1) tear gas, the active ingredient of which is either
7 chloracetophenone (CN) or O-chlorobenzylidene malonotrile
8 (CS); or
9 (2) other agent commonly known as mace, pepper mace or
10 pepper gas.
11 Section 2. This act shall take effect immediately.
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