PRINTER'S NO. 697
No. 655 Session of 2001
INTRODUCED BY COSTA, MELLOW, BELL, TARTAGLIONE, RHOADES,
SCHWARTZ, WAGNER, LOGAN, BOSCOLA, WOZNIAK, MUSTO AND STACK,
MARCH 19, 2001
REFERRED TO JUDICIARY, MARCH 19, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of home
3 invasion.
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 § 2716. Home invasion.
9 (a) Offense defined.--A person commits an offense under this
10 section if he enters the dwelling place of another when he knows
11 or has reason to know that one or more persons are present or
12 enters the dwelling place of another and remains until he knows
13 or has reason to know that one or more persons are present and
14 with the intent to:
15 (1) inflict bodily injury or serious bodily injury upon
16 another; or
17 (2) threaten another with or intentionally put another
18 in fear of immediate bodily injury or serious bodily injury.
1 (b) Affirmative defenses.--It is an affirmative defense to a
2 prosecution under subsection (a) that:
3 (1) the person is a police officer acting in the scope
4 of duty; or
5 (2) the person surrenders to another person or persons
6 who are lawfully present therein and without attempting to
7 cause or causing bodily injury or serious bodily injury to
8 another person.
9 (c) Grading.--
10 (1) Except as provided in paragraph (2), an offense
11 under this section is a felony of the second degree.
12 (2) If the person committing an offense under this
13 section uses or threatens to use any deadly weapon as defined
14 in section 2301 (relating to definitions), the offense shall
15 be graded as a felony of the first degree.
16 Section 2. This act shall take effect in 60 days.
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