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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY COSTA, KITCHEN, FONTANA, BOSCOLA, ORIE, STOUT, KASUNIC, MUSTO, O'PAKE, TARTAGLIONE, LOGAN, WAUGH AND BROWNE, FEBRUARY 24, 2009 |
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| REFERRED TO JUDICIARY, FEBRUARY 24, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for burglary. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 3502 of Title 18 of the Pennsylvania |
6 | Consolidated Statutes is amended to read: |
7 | § 3502. Burglary. |
8 | [(a) Offense defined.--A person is guilty of burglary if he |
9 | enters a building or occupied structure, or separately secured |
10 | or occupied portion thereof, with intent to commit a crime |
11 | therein, unless the premises are at the time open to the public |
12 | or the actor is licensed or privileged to enter. |
13 | (b) Defense.--It is a defense to prosecution for burglary |
14 | that the building or structure was abandoned.] |
15 | (a) Offense defined.--A person commits the offense of |
16 | burglary if, with the intent to commit a crime therein, the |
17 | person: |
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1 | (1) enters a building or occupied structure, or |
2 | separately secured or occupied portion thereof that is |
3 | adapted for overnight accommodations in which at the time of |
4 | the offense any person is present; |
5 | (2) enters a building or occupied structure, or |
6 | separately secured or occupied portion thereof that is |
7 | adapted for overnight accommodations in which at the time of |
8 | the offense no person is present; |
9 | (3) enters a building or occupied structure, or |
10 | separately secured or occupied portion thereof that is not |
11 | adapted for overnight accommodations in which at the time of |
12 | the offense any person is present; or |
13 | (4) enters a building or occupied structure, or |
14 | separately secured or occupied portion thereof that is not |
15 | adapted for overnight accommodations in which at the time of |
16 | the offense no person is present. |
17 | (b) Defense.--It is a defense to prosecution for burglary if |
18 | any of the following exists at the time of the commission of the |
19 | offense: |
20 | (1) The building or structure was abandoned. |
21 | (2) The premises are open to the public. |
22 | (3) The actor is licensed or privileged to enter. |
23 | (c) Grading.-- |
24 | (1) Except as provided in paragraph (2), burglary is a |
25 | felony of the first degree. |
26 | (2) [If the building, structure or portion entered is |
27 | not adapted for overnight accommodation and if no individual |
28 | is present at the time of entry, burglary is a felony of the |
29 | second degree.] An offense under subsection (a)(4) is a |
30 | felony of the second degree. |
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1 | (d) Multiple convictions.--A person may not be [convicted] |
2 | sentenced both for burglary and for the offense which it was his |
3 | intent to commit after the burglarious entry or for an attempt |
4 | to commit that offense, unless the additional offense |
5 | constitutes a felony of the first or second degree. |
6 | Section 2. This act shall take effect in 60 days. |
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