PRINTER'S NO. 1421
No. 1149 Session of 1989
INTRODUCED BY FUMO, SALVATORE, JONES, O'PAKE, HELFRICK, LYNCH,
AFFLERBACH AND BELAN, JULY 7, 1989
REFERRED TO JUDICIARY, JULY 7, 1989
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for criminal mischief.
4 The General Assembly finds and declares as follows:
5 (1) For the health, safety and welfare of the residents
6 of this Commonwealth, the laws designed to deter the
7 defacement of public and private property through the use of
8 aerosol spray-paint cans, broad-tipped indelible markers and
9 other marking devices should be strengthened.
10 (2) Where appropriate, the court should require those
11 who commit acts of defacement to restore the damaged property
12 to its original condition.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 3304(a) of Title 18 of the Pennsylvania
16 Consolidated Statutes is amended and the section is amended by
17 adding a subsection to read:
18 § 3304. Criminal mischief.
1 (a) Offense defined.--A person is guilty of criminal
2 mischief if he:
3 (1) damages tangible property of another intentionally,
4 recklessly, or by negligence in the employment of fire,
5 explosives, or other dangerous means listed in section
6 3302(a) of this title (relating to causing or risking
7 catastrophe);
8 (2) intentionally or recklessly tampers with tangible
9 property of another so as to endanger person or property;
10 [or]
11 (3) intentionally or recklessly causes another to suffer
12 pecuniary loss by deception or threat[.]; or
13 (4) intentionally defaces or otherwise damages tangible
14 public property or tangible property of another with an
15 aerosol spray-paint can, broad-tipped indelible marker or
16 similar marking device.
17 (a.1) Illegal possession.--A person commits the offense of
18 criminal mischief if, with intent to violate subsection (a)(4),
19 the person carries an aerosol spray-paint can, broad-tipped
20 indelible marker or similar marking device onto real property.
21 * * *
22 Section 2. Title 42 is amended by adding a section to read:
23 § 9720. Sentencing for criminal mischief.
24 A person convicted of an offense under 18 Pa.C.S. §
25 3304(a)(4) (relating to criminal mischief) shall be sentenced to
26 a mandatory term of supervised community service, including
27 repairing or restoring damaged property, in accordance with the
28 following:
29 (1) If the damage to the property is less than $200, the
30 term of community service shall be not less than 50 days nor
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1 more than 74 days.
2 (2) If the damage to the property is at least $200, but
3 less than $1,000, the term of community service shall be not
4 less than 75 days nor more than 99 days.
5 (3) If the damage to the property is $1,000 or more, the
6 term of community service shall be not less than 100 days nor
7 more than 200 days.
8 Section 3. This act shall take effect in 60 days.
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