PRINTER'S NO. 831
No. 747 Session of 2001
INTRODUCED BY FRANKEL, BELARDI, BELFANTI, CAPPABIANCA, CASORIO, COSTA, CRUZ, DALEY, FREEMAN, GEIST, GEORGE, GODSHALL, HORSEY, McCALL, READSHAW, ROEBUCK, ROONEY, ROSS, SOLOBAY, STEELMAN, TIGUE, WANSACZ AND CURRY, 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 home invasion. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Title 18 of the Pennsylvania Consolidated 6 Statutes is amended by adding a section to read: 7 § 2716. Home invasion. 8 (a) Elements.--An individual commits the offense of home 9 invasion if all of the following apply: 10 (1) The individual enters the dwelling place of another 11 with the intent to commit an offense in the dwelling place. 12 (2) The dwelling place is occupied. 13 (3) The individual, with knowledge or reason to know 14 that the dwelling place is occupied, remains in the dwelling 15 place. 16 (b) Defense.--It is a defense to prosecution for home 17 invasion if the actor, upon realizing that the dwelling place is
1 occupied, does one of the following: 2 (1) Immediately leaves the dwelling place. 3 (2) Immediately surrenders to an individual occupying 4 the dwelling place. 5 (c) Grading.--Home invasion is a felony of the first degree. 6 (d) Definitions.--As used in this section, the following 7 words and phrases shall have the meanings given to them in this 8 subsection: 9 "Deadly weapon." A: 10 (1) firearm, whether loaded or unloaded; 11 (2) device designed as a weapon and capable of 12 producing death or serious bodily injury; or 13 (3) device or instrumentality which, in the manner in 14 which it is used or intended to be used, is calculated or 15 likely to produce death or serious bodily injury. 16 "Dwelling place." A building or structure, whether movable 17 or permanent, which is a place of lodging for an individual. 18 "Occupy." To be lawfully present within. 19 "Serious bodily injury." Bodily injury which: 20 (1) creates a substantial risk of death; or 21 (2) causes serious, permanent disfigurement or 22 protracted loss or impairment of the function of a bodily 23 member or organ. 24 Section 2. This act shall take effect in 60 days. A18L18RLE/20010H0747B0831 - 2 -