act-1990-0-154•Pennsylvania Act 1990-154 — CRIMES CODE (18 PA.C.S.) - AMEND THEFT DURING DISASTER
Pennsylvania Act 1990-154 — CRIMES CODE (18 PA.C.S.) - AMEND THEFT DURING DISASTER
act-1990-0-1541990 Pa. Act 154Law
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
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