Pennsylvania Act 1990-154 — CRIMES CODE (18 PA.C.S.) - AMEND THEFT DURING DISASTER

Act text

CRIMES CODE (18 PA.C.S.) - AMEND THEFT DURING DISASTER
                 Act of Nov. 29, 1990, P.L. 608, No. 154              Cl. 18
                             Session of 1990
                               No. 1990-154

                                  AN ACT

     HB 2039

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, providing penalties for certain theft
        offenses committed during manmade disasters, natural
        disasters or war-caused disasters.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 3903 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 3903.  Grading of theft offenses.
        (a)  Felony of the second degree.--Theft constitutes a felony
     of the second degree if the offense is committed during a
     manmade disaster, a natural disaster or a war-caused disaster
     and constitutes a violation of section 3921 (relating to theft
     by unlawful taking or disposition), 3925 (relating to receiving
     stolen property), 3928 (relating to unauthorized use of
     automobiles and other vehicles) or 3929 (relating to retail
     theft).
        [(a)]  (a.1)  Felony of the third degree.--[Theft] Except as
     provided in subsection (a), theft constitutes a felony of the
     third degree if the amount involved exceeds $2,000, or if the
     property stolen is a firearm, automobile, airplane, motorcycle,
     motorboat or other motor-propelled vehicle, or in the case of
     theft by receiving stolen property, if the receiver is in the
     business of buying or selling stolen property.
        (b)  Other grades.--Theft not within subsection (a) or (a.1)
     of this section, constitutes a misdemeanor of the first degree,
     except that if the property was not taken from the person or by
     threat, or in breach of fiduciary obligation, and:
            (1)  the amount involved was $50 or more but less than
        $200 the offense constitutes a misdemeanor of the second
        degree; or
            (2)  the amount involved was less than $50 the offense
        constitutes a misdemeanor of the third degree.
        (c)  Valuation.--The amount involved in a theft shall be
     ascertained as follows:
            (1)  Except as otherwise specified in this section, value
        means the market value of the property at the time and place
        of the crime, or if such cannot be satisfactorily
        ascertained, the cost of replacement of the property within a
        reasonable time after the crime.
            (2)  Whether or not they have been issued or delivered,
        certain written instruments, not including those having a
        readily ascertainable market value such as some public and
        corporate bonds and securities, shall be evaluated as
        follows:
                (i)  The value of an instrument constituting an
            evidence of debt, such as a check, draft or promissory
            note, shall be deemed the amount due or collectible
            thereon or thereby, such figure ordinarily being the face
            amount of the indebtedness less any portion thereof which
            has been satisfied.
                (ii)  The value of any other instrument which
            creates, releases, discharges or otherwise affects any
            valuable legal right, privilege or obligation shall be
            deemed the greatest amount of economic loss which the
            owner of the instrument might reasonably suffer by virtue
            of the loss of the instrument.
            (3)  When the value of property cannot be satisfactorily
        ascertained pursuant to the standards set forth in paragraphs
        (1) and (2) of this subsection its value shall be deemed to
        be an amount less than $50. Amounts involved in thefts
        committed pursuant to one scheme or course of conduct,
        whether from the same person or several persons, may be
        aggregated in determining the grade of the offense.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Manmade disaster."  Any industrial, nuclear or
     transportation accident, explosion, conflagration, power
     failure, natural resource shortage or other condition, except
     enemy action, resulting from manmade causes, such as oil spills
     and other injurious environmental contamination, which threatens
     or causes substantial damage to property, human suffering,
     hardship or loss of life.
        "Natural disaster."  Any hurricane, tornado, storm, flood,
     high water, wind-driven water, tidal wave, earthquake,
     landslide, mudslide, snowstorm, drought, fire, explosion or
     other catastrophe which results in substantial damage to
     property, hardship, suffering or possible loss of life.
        "War-caused disaster."  Any condition following an attack
     upon the United States resulting in substantial damage to
     property or injury to persons in the United States caused by use
     of bombs, missiles, shellfire, nuclear, radiological, chemical
     or biological means, or other weapons or overt paramilitary
     actions, or other conditions such as sabotage.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 29th day of November, A. D. 1990.

     ROBERT P. CASEY