Bill Text: PA HB683 | 2013-2014 | Regular Session | Introduced

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Bill Title: In arson, criminal mischief and other property destruction, providing for the offense of interfering with agricultural operations.

Status: (Introduced) 2013-02-12 - Referred to JUDICIARY [HB683 Detail]

Download: Pennsylvania-2013-HB683-Introduced.html

PRINTER'S NO. 770

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

683

Session of

2013

 

 

 

INTRODUCED BY HALUSKA, METZGAR, BARRAR, M. K. KELLER, HESS, MOUL, FLECK, C. HARRIS AND MURT, FEBRUARY 12, 2013

 

 

REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 12, 2013

 

 

 

AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in arson, criminal mischief and other
3property destruction, providing for the offense of
4interfering with agricultural operations.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 3309.1. Interfering with agricultural operations.

10(a) Offense defined.--A person commits the offense of
11interfering with agricultural operations if the person:

12(1) Without consent from the owner of an agricultural
13operation or the owner's agent:

14(i) records an image of, or sound from, the
15agricultural operation by leaving a recording device on
16the agricultural operation; or

17(ii) uploads, downloads, transfers or otherwise
18sends recorded images of, or sound from, the agricultural
19operations over the Internet in any medium.

1(2) Obtains access to an agricultural operation under
2false pretenses.

3(3) Enters an agricultural operation with the intent to
4obtain unlawful possession of, or access to, any information,
5data or article representing any agricultural activity or
6farming which is conducted or takes place at the agricultural
7operation.

8(4) (i) Applies for employment at an agricultural
9operation with the intent to record an image of, or sound
10from, the agricultural operation;

11(ii) knows, at the time that the person accepts
12employment, that the owner of the agricultural operation
13prohibits the recording of any image of, or sound from,
14the agricultural operation; and

15(iii) while employed at, and while present on, the
16agricultural operation, records an image of, or sound
17from, the agricultural operation.

18(5) Without consent from the owner of the agricultural
19operation or the owner's agent, records an image of, or sound
20from, an agricultural operation while the person is
21committing criminal trespass, as provided for in section 3503
22(relating to criminal trespass).

23(b) Grading.--

24(1) Except as otherwise provided for in paragraph (2), 
25interfering with agricultural operations is a felony of the
26third degree.

27(2) An offense under subsection (a)(3) and (5) is a
28felony of the second degree.

29(c) Prosecution not prohibited.--Prosecution for an offense
30under this section shall not be construed to prohibit

1prosecution under any other provision of this title.

2(d) Definitions.--For the purpose of this section, the
3following words and phrases shall have the meanings given to
4them in this subsection unless the context clearly indicates
5otherwise:

6"Agricultural activity" or "farming." Shall have the
7meanings given to them in section 3309 (relating to agricultural
8vandalism).

9"Agricultural operations." Any public or private property
10where an agricultural activity or farming is conducted or takes
11place.

12"Records" or "recording." The process of recording or
13videotaping visual images of, or sound from, an agricultural
14operation.

15Section 2. This act shall take effect in 60 days.

 

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