Bill Text: PA SB1596 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for criminal trespass.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-10-10 - Referred to JUDICIARY [SB1596 Detail]

Download: Pennsylvania-2011-SB1596-Introduced.html

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PRINTER'S NO. 2467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1596 Session of2012
INTRODUCED BY BRUBAKER, D. WHITE, YAW, SOLOBAY, ERICKSON, FONTANA AND WOZNIAK, OCTOBER 10, 2012
REFERRED TO JUDICIARY, OCTOBER 10, 2012
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for criminal
trespass.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3503(b.2) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3503. Criminal trespass.
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(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is
not licensed or privileged to do so he:
(i) enters or remains on any agricultural or other
open lands when such lands are posted in a manner
prescribed by law or reasonably likely to come to the
person's attention or are fenced or enclosed in a manner
manifestly designed to exclude trespassers or to confine
domestic animals; [or]
(ii) enters or remains on any agricultural or other
open lands and defies an order not to enter or to leave
that has been personally communicated to him by the owner
of the lands or other authorized person; or
(iii) photographs, video records or otherwise
produces images or pictorial records, within the property
of a normal agricultural operation without the consent of
the owner or an authorized representative of the owner.
For the purposes of this subparagraph, the term "normal
agricultural operation" means the same as defined under
section 2 of the act of June 10, 1982 (P.L.454, No.133),
referred to as the Right-to-Farm Law.
(2) An offense under this subsection shall be graded as
follows:
(i) An offense under paragraph (1)(i) or (iii)
constitutes a misdemeanor of the third degree and is
punishable by imprisonment for a term of not more than
one year and a fine of not less than $250.
(ii) An offense under paragraph (1)(ii) constitutes
a misdemeanor of the second degree and is punishable by
imprisonment for a term of not more than two years and a
fine of not less than $500 nor more than $5,000.
(3) For the purposes of this subsection, the phrase
"agricultural or other open lands" shall mean any land on
which agricultural activity or farming as defined in section
3309 (relating to agricultural vandalism) is conducted or any
land populated by forest trees of any size and capable of
producing timber or other wood products or any other land in
an agricultural security area as defined in the act of June
30, 1981 (P.L.128, No.43), known as the Agricultural Area
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Security Law, or any area zoned for agricultural use.
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Section 2. This act shall take effect in 60 days.
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