Criminal | Classes of Offenses | Offenses | Sentencing Fines  Offenses § 2502. Murder (a) Murder of the first degree.--A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing. (b) Murder of the second degree.--A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony. (c) Murder of the third degree.--All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree. § 2702. Aggravated assault (a) Offense defined.--A person is guilty of aggravated assault if he: (1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty; (4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; (5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member, other employee or student of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school; or (6) attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury. (b) Grading.--Aggravated assault under subsection (a)(1) and (2) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5) and (6) is a felony of the second degree. (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall be as follows: (1) Police officer. (2) Firefighter. (3) County adult probation or parole officer. (4) County juvenile probation or parole officer. (5) An agent of the Pennsylvania Board of Probation and Parole. (6) Sheriff. (7) Deputy sheriff. (8) Liquor control enforcement agent. (9) Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile matters). (10) Judge of any court in the unified judicial system. (11) The Attorney General. (12) A deputy attorney general. (13) A district attorney. (14) An assistant district attorney. (15) A public defender. (16) An assistant public defender. (17) A Federal law enforcement official. (18) A State law enforcement official. (19) A local law enforcement official. (20) Any person employed to assist or who assists any Federal, State or local law enforcement official. (21) Emergency medical services personnel. (22) Parking enforcement officer. (23) A district justice. (24) A constable. (25) A deputy constable. (26) A psychiatric aide. (d) Definition.--As used in this section, the term "emergency medical services personnel" includes, but is not limited to, doctors, residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of a hospital security force while working within the scope of their employment. § 3929. Retail theft (a) Offense defined.--A person is guilty of a retail theft if he: (1) takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof; (2) alters, transfers or removes any label, price tag marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a store or other retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; (3) transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the full retail value thereof; or (4) under-rings with the intention of depriving the merchant of the full retail value of the merchandise. (5) destroys, removes, renders inoperative or deactivates any inventory control tag, security strip or any other mechanism designed or employed to prevent an offense under this section with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof. (b) Grading.-- (1) Retail theft constitutes a: (i) Summary offense when the offense is a first offense and the value of the merchandise is less than $150. (ii) Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150. (iii) Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more. (iv) Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise. (v) Felony of the third degree when the amount involved exceeds $2,000 or if the merchandise involved is a firearm or a motor vehicle. (2) Amounts involved in retail thefts committed pursuant to one scheme or course of conduct, whether from the same store or retail mercantile establishment or several stores or retail mercantile establishments, may be aggregated in determining the grade of the offense. (c) Presumptions.--Any person intentionally concealing unpurchased property of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such property with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof within the meaning of subsection (a), and the finding of such unpurchased property concealed, upon the person or among the belongings of such person, shall be prima facie evidence of intentional concealment, and, if such person conceals, or causes to be concealed, such unpurchased property, upon the person or among the belongings of another, such fact shall also be prima facie evidence of intentional concealment on the part of the person so concealing such property. (c.1) Evidence.--To the extent that there is other competent evidence to substantiate the offense, the conviction shall not be avoided because the prosecution cannot produce the stolen merchandise. (d) Detention.--A peace officer, merchant or merchant's employee or an agent under contract with a merchant, who has probable cause to believe that retail theft has occurred or is occurring on or about a store or other retail mercantile establishment and who has probable cause to believe that a specific person has committed or is committing the retail theft may detain the suspect in a reasonable manner for a reasonable time on or off the premises for all or any of the following purposes: to require the suspect to identify himself, to verify such identification, to determine whether such suspect has in his possession unpurchased merchandise taken from the mercantile establishment and, if so, to recover such merchandise, to inform a peace officer, or to institute criminal proceedings against the suspect. Such detention shall not impose civil or criminal liability upon the peace officer, merchant, employee, or agent so detaining. (e) Reduction prohibited.--No justice of the peace or other magistrate shall have the power to reduce any other charge of theft to a charge of retail theft as defined in this section. (f) Definitions.-- "Conceal." To conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation. "Full retail value." The merchant's stated or advertised price of the merchandise. "Merchandise." Any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof. "Merchant." An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator. "Premises of a retail mercantile establishment." Includes but is not limited to, the retail mercantile establishment any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment. "Store or other retail mercantile establishment." A place where merchandise is displayed, held, stored or sold or offered to the public for sale. "Under-ring." To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise. (g) Fingerprinting.--Prior to the commencement of trial or entry of plea of a defendant 16 years of age or older accused of the summary offense of retail theft, the issuing authority shall order the defendant to submit within five days of such order for fingerprinting by the municipal police of the jurisdiction in which the offense allegedly was committed or the state police. Fingerprints so obtained shall be forwarded immediately to the Pennsylvania State Police for determination as to whether or not the defendant previously has been convicted of the offense of retail theft. The results of such determination shall be forwarded to the Police Department obtaining the fingerprints if such department is the prosecutor, or to the issuing authority if the prosecutor is other than a police officer. The issuing authority shall not proceed with the trial or plea in summary cases until in receipt of the determination made by the State Police. The district justice shall use the information obtained solely for the purpose of grading the offense pursuant to subsection (b).   § 780-113. Prohibited acts; penalties [Controlled Substance Act] (a) The following acts and the causing thereof within the Commonwealth are hereby prohibited: (1) The manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance, other drug, device or cosmetic that is adulterated or misbranded. (2) The adulteration or misbranding of any controlled substance, other drug, device or cosmetic. (3) The dissemination or publication of any false or materially misleading advertisement. (4) The removal or disposal of a detained or embargoed substance or article, whether or not such substance or article is in fact adulterated or misbranded. (5) The adulteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a controlled substance, other drug, device or cosmetic, if such act is done while such substance or article is held for sale and results in such substance or article being adulterated or misbranded. (6) Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification symbol authorized or required by regulation promulgated under the provisions of this act. (7) Placing or causing to be placed upon any controlled substance, other drug, device or cosmetic, or upon the container of any controlled substance, other drug, device or cosmetic, with intent to defraud, the trademark, trade name or other identifying mark, imprint or symbol of another, or any likeness of any of the foregoing. (8) Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of, or keeping in possession, control or custody, or concealing any controlled substance, other drug, device or cosmetic or any container of any drug, device or cosmetic with knowledge that the trademark, trade name or other identifying mark, imprint or symbol of another, or any likeness of any of the foregoing, has been placed thereon in a manner prohibited by clause (7) hereof. (9) Making, selling, disposing of or causing to be made, sold, or disposed of, or keeping in possession, control or custody, or concealing with intent to defraud, any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or symbol of another or any likeness of any of the foregoing upon any controlled substance, other drug, device or cosmetic or container thereof. (10) The sale at retail of a nonproprietary drug except by a registered pharmacist in a licensed pharmacy or by a practitioner. (11) The operation of a drug manufacturing, distributing or retailing establishment, except by registered pharmacists in a licensed pharmacy, without conforming with such standards respecting sanitation, materials, equipment and supplies as the secretary, after consultation with the board, may establish by regulation for the protection of the public health and safety. (12) The acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. (13) The sale, dispensing, distribution, prescription or gift by any practitioner otherwise authorized by law so to do of any controlled substance to any person known to such practitioner to be or whom such practitioner has reason to know is a drug dependent person, unless said drug is prescribed, administered, dispensed or given, for the cure or treatment of some malady other than drug dependency, except that the council, in accordance with Federal narcotic and food and drug laws, shall allocate the responsibility for approving and designating certain clinics, and shall provide or allocate the responsibility for providing regulations for such clinics at which controlled substances, including but not limited to methadone, may be prescribed, administered or dispensed for the treatment of drug dependency. This clause shall not prohibit any practitioner from prescribing, distributing or dispensing any controlled substance for a period of time not to exceed fourteen days pending confirmed admission of the patient to a hospital or rehabilitation center. (14) The administration, dispensing, delivery, gift or prescription of any controlled substance by any practitioner or professional assistant under the practitioner's direction and supervision unless done (i) in good faith in the course of his professional practice; (ii) within the scope of the patient relationship; (iii) in accordance with treatment principles accepted by a responsible segment of the medical profession. (15) The sale at retail or dispensing of any controlled substance listed in Schedules II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe or possess such substances, unless upon the written or oral prescription of a person licensed by law to prescribe such drug and unless compounded or dispensed by a registered pharmacist or pharmacy intern under the immediate personal supervision of a registered pharmacist, or the refilling of a written or oral prescription order for a drug, unless such refilling is authorized by the prescriber either in the original written prescription order or by written confirmation of the original oral prescription order. The provisions of this subsection shall not apply to a practitioner licensed to prescribe or dispense such drugs, who keeps a record of the amount of such drugs purchased and a dispensing record showing the date, name, and quantity of the drug dispensed and the name and address of the patient, as required by this act. (16) Knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner, or except as otherwise authorized by this act. (17) The wilful dispensing of a controlled substance by a practitioner otherwise authorized by law so to do without affixing to the container in which the drug is sold or dispensed a label bearing the name and address of the practitioner, the date dispensed, the name of the patient and the directions for the use of the drug by the patient. (18) The selling by a pharmacy or distributor of any controlled substance or other drug unless the container bears a label, securely attached thereto, stating the specific name of the drug and the proportion or amount thereof unless otherwise specifically directed in writing by the practitioner. (19) The intentional purchase or knowing receipt in commerce by any person of any controlled substance, other drug or device from any person not authorized by law to sell, distribute, dispense or otherwise deal in such controlled substance, other drug or device. (20) The using by any person to his own advantage, or revealing other than to the secretary or officers or employes of the department or to the council or to the board or to courts or a hearing examiner when relevant to proceedings under this act any information acquired under authority of this act concerning any method or process which as a trade secret is entitled to protection. Such information obtained under the authority of this act shall not be admitted in evidence in any proceeding before any court of the Commonwealth except in proceedings under this act. (21) The refusal or failure to make, keep or furnish any record, notification, order form, statement, invoice or information required under this act. (22) The refusal of entry into any premises for any inspection authorized by this act. (23) The unauthorized removing, breaking, injuring, or defacing a seal placed upon embargoed substances or the removal or disposal of substances so placed under seal. (24) The failure by a manufacturer or distributor to register or obtain a license as required by this act. (25) The manufacture of a controlled substance by a registrant who knows or who has reason to know, the manufacturing is not authorized by his registration, or who knowingly distributes a controlled substance not authorized by his registration to another registrant or other authorized person. (26) The knowing distribution by a registrant of a controlled substance classified in Schedules I or II, except pursuant to an order form as required by this act. (27) The use in the course of the manufacture or distribution of a controlled substance of a registration number which is fictitious, revoked, suspended or issued to another person. (28) The furnishing of false or fraudulent material information in, or omission of any material information from any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act. (29) The intentional making, distributing, or possessing of any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or symbol of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance. (30) Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance. (31) Notwithstanding other subsections of this section, (i) the possession of a small amount of marihuana only for personal use; (ii) the possession of a small amount of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution of a small amount of marihuana but not for sale. For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams of hashish shall be considered a small amount of marihuana. (32) The use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act. (33) The delivery of, possession with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it would be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this act. (34) The placing in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part is to promote the sale of objects designed or intended for use as drug paraphernalia. (35) (i) Except as otherwise provided by law, manufacturing, processing, packaging, distributing, possessing [FN1] with intent to distribute or selling a noncontrolled substance that has a stimulant or depressant effect on humans, other than a prescription drug, which, or the label or container of which, substantially resembles a specific controlled substance. In determining whether there has been a violation of this subclause, the following factors shall be considered: (A) Whether the noncontrolled substance in its overall finished dosage appearance is substantially similar in size, shape, color and markings or lack thereof to a specific controlled substance. (B) Whether the noncontrolled substance in its finished dosage form is packaged in a container which, or the labeling of which, bears markings or printed material substantially similar to that accompanying or containing a specific controlled substance. (ii) Except as otherwise provided by law, no person shall knowingly distribute or sell a noncontrolled substance upon the express or implied representation that the substance is a controlled substance. In determining whether there has been a violation of this subclause, the following factors shall be considered: (A) Whether the noncontrolled substance in its overall finished dosage appearance is substantially similar in size, shape, color and markings or lack thereof to a specific controlled substance. (B) Whether the noncontrolled substance in its finished dosage form is packaged in a container which, or the labeling of which, bears markings or printed material substantially similar to that accompanying or containing a specific controlled substance. (C) Whether the noncontrolled substance is packaged in a manner ordinarily used for the illegal delivery of a controlled substance. (D) Whether the consideration tendered in exchange for the noncontrolled substance substantially exceeds the reasonable value of the substance, considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell. (E) Whether the consideration tendered in exchange for the noncontrolled substance approximates or exceeds the price at which the substance would sell upon illegal delivery were it actually the specific controlled substance it physically resembles. (iii) Except as otherwise provided by law, no person shall knowingly distribute or sell a noncontrolled substance upon the express representation that the recipient, in turn, will be able to distribute or sell the substance as a controlled substance. (iv) In any criminal prosecution brought under this clause, it shall not be a defense that the defendant believed the noncontrolled substance actually to be a controlled substance. (v) The provisions of this clause shall not be applicable to: (A) Law enforcement officers acting in the course and legitimate scope of their employment. (B) Persons who manufacture, process, package, distribute or sell noncontrolled substances to licensed medical practitioners for use as placebos in the course of professional practice or research or for use in FDA approved investigational new drug trials. (C) Licensed medical practitioners, pharmacists and other persons authorized to dispense or administer controlled substances and acting in the legitimate performance of their professional license pursuant to subclause (v)(B). (D) A noncontrolled substance that was initially introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate. (36) The knowing or intentional manufacture, distribution, possession with intent to distribute, or possession of a designer drug intended for human consumption. Nothing in this section shall be construed to apply to a person who manufactures or distributes a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355). For purposes of this section, no new drug shall be introduced or delivered for introduction except upon approval of an application pursuant to section 505 of the Federal Food, Drug and Cosmetic Act. "Designer drug" means a substance other than a controlled substance that has a chemical structure substantially similar to that of a controlled substance in Schedules I or II which produces an effect substantially similar to that of a controlled substance in Schedules I or II. Examples of chemical classes in which designer drugs are found include, but are not limited to, the following: Phenethylamines, N-substituted piperdines, morphinans, ecogonines, quinazolinones, substituted indoles, and arylcycloalkylamines. (37) The possession by any person, other than a registrant, of more than thirty doses labeled as a dispensed prescription or more than three trade packages of any anabolic steroids listed in section 4(3)(vii). (b) Any person who violates any of the provisions of clauses (1) through (11), (13) and (15) through (20) or (37) of subsection (a) shall be guilty of a misdemeanor, and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding five thousand dollars ($5,000), or both, and for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding three years or to pay a fine not exceeding five thousand dollars ($5,000), or both; but, if the violation is committed after a prior conviction of such person for a violation of this act under this section has become final, such person shall be sentenced to imprisonment not exceeding three years or to pay a fine not exceeding twenty- five thousand dollars ($25,000), or both. (c) Any person who violates the provisions of clauses (21), (22) and (24) of subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, be punished only as follows: (1) Upon conviction of the first such offense, he shall be sentenced to imprisonment not exceeding six months, or to pay a fine not exceeding ten thousand dollars ($10,000), or both. (2) Upon conviction of the second and subsequent offense, he shall be sentenced to imprisonment not exceeding two years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), or both. (d) Any person who knowingly or intentionally violates clause (23) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars ($15,000), or both. (e) Any person who violates clauses (25) through (29) of subsection (a) is guilty of a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), or both. (f) Any person who violates clause (12), (14) or [clause] (30) of subsection (a) with respect to: (1) A controlled substance or counterfeit substance classified in Schedule I or II [FN2] which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity. (1.1) Phencyclidine; methamphetamine, including its salts, isomers and salts of isomers[,]; coca [FN3] leaves and any salt, compound, derivative or preparation of coca [FN3] leaves; any salt, compound, derivative or preparation of the preceding which is chemically equivalent or identical with any of these substances, except decocanized coca [FN3] leaves or extract of coca [FN3] leaves, which extracts do not contain cocaine or ecgonine; and marihuana in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding ten years, or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or such larger amount as is suffic a fine not exceeding one hundred thousand dollars ($100,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal manufacture or distribution of these substances. (2) Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding fifteen thousand dollars ($15,000), or both. (3) A controlled substance or counterfeit substance classified in Schedule IV, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), or both. (4) A controlled substance or counterfeit substance classified in Schedule V, is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), or both. (g) Any person who violates clause (31) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding thirty days, or to pay a fine not exceeding five hundred dollars ($500), or both. (h) Any penalty imposed for violation of this act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. (i) Any person who violates clauses (32), (33) and (34) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding one (1) year, or both. Any person who violates clause (33) by delivering drug paraphernalia to a person under eighteen (18) years of age who is three (3) or more years his junior shall be guilty of a misdemeanor of the second degree and upon conviction thereof shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment not exceeding two (2) years, or both. (j) Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause (35) of subsection (a) is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding ten thousand dollars ($10,000), or both. (k) Any person convicted of manufacture of amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, isomers and salts of isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two years of total confinement without probation, parole or work release, notwithstanding any other provision of this act or other statute to the contrary. (l) Any person who violates clause (36) is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both.   § 5503. Disorderly conduct (a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; (3) uses obscene language, or makes an obscene gesture; or (4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. (b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense. (c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public. The Supreme Court of the Commonwealth of Pennsylvania has adopted in the criminal procedure rules a section on Accelerated Rehabilitative Disposition program.[ARD] The primary purpose of the program is the rehabilitation of the offender and the prompt disposition of the charges, eliminating the need for costly and time-consuming court proceeding. The program is for first time offenders who have been charged with non violent crimes. Generally, the charges are not charges involving a serious breach of public trust. The program is administrated by the local District Attorney who has the responsibility for determining which cases will be recommended for the program and which will be placed in the court system. [see Pa. R.Cr.P. 160 et seg] Underage Drinking In the Commonwealth of Pennsylvania the legal age for drinking is 21. This should be a surprise to no one either in the Commonwealth or in any other surrounding States. It is a violation of the law for an individual under the age of 21 to purchase alcohol and/or malt or brewed beverages; to attempt to purchase any alcohol and/or malt or brewed beverages; it is against the law to consume any alcohol and/or malt or brewed beverages; it is against the law to possess any alcohol and/or malt or brewed beverages; and lastly it is against the law to transport any alcohol and/or malt or brewed beverages. Alcohol in this Commonwealth is defined as any stilled beverage with an alcohol content that is greater than .05% by volume. Malt or brewed beverage is also defined as any malt or brewed beverage with an alcohol content greater than .05% by volume. Possession of alcohol simply means either actual physical possession on your person or constructive possession either in the car you are in, the room you are in, the building you are in. Constructive possession does not require you to actually have or have ever held the alcoholic beverage. It must be addressed at this point that it is against the law under this statute to be in a room where alcohol is being consumed by other minors if you are under the age. The police officer is not required to show that you have a .02 blood alcohol content as is the level for driving under the influence.[see DUI under Motor Vehicle] In underage drinking it just is whether or not you appears you have drank the alcohol, possessed the alcohol, transported the alcohol or purchased the alcohol. As set forth above it is an offense under the statute to be in a room, to be at a party where alcohol is being consumed by other minors. It is not an offense to be in a room with adults who are consuming alcohol and you are the minor. It is not an offense to be sitting at the dining room table while your parents and your other relatives who are of age and who are either drinking wine or beer or any other type of spirits while in your presence. The officers in most jurisdictions will only cite individuals where there is underage drinking going on primarily. If there are 25 or 30 adults and two underage drinkers, unless they see consumption or smell consumption, most police officers will not write the citation for the underage individuals. Most police officers in this Commonwealth at this point have what they call portable breath testers. They are machines which are brought to a party and individuals are asked to blow into the machine to see whether they have been drinking. You are not required to take this test. You will not lose your driver’s privileges if you refuse to take this test. You will not be charged with driving under the influence if you refuse to take this test. This is something the police officers in general will do in this Commonwealth but is not required. As set forth above there is no level of intoxication necessary for a conviction of underage drinking. If you have just arrived at the party and hung your coat in the closet and the police come in the door behind you, they can cite you if there is underage drinking going on in that residence. As everyone knows under both the United States and the Pennsylvania Constitution you have a right to not incriminate ones self. Given that right when the police officers ask you age you do not need to give them your age and more importantly when they ask you whether you have been drinking, you do not have to respond to that inquiry. If you do and if you admit to drinking you can place yourself in a position where you really will have no defense at all with the charge. Additionally if you admit to the officer that you are under the age of 21, again you will have no defense to the charge simply based on your own admission. Admitting guilt does not assist you in any way under this charge. Requiring the police officers to prove what they need to prove is what the law requires. There is no requirement under the law for someone under the age of 21 to confess to everything he has ever done or to confess to everything he has done on that evening. It is not required of adults, it is not required of individuals under the age of 21. There are some youth diversionary programs similar to ARD for people under the age of 21 for underage drinking. These youth programs however will require a loss or a suspension of your driving privileges. Underage drinking is one of those criminal offenses which has as a result of the conviction a suspension of driving privileges of the individual. Underage drinking has nothing to do with driving an automobile. Driving an automobile and being convicted of driving while under the influence may also lead to underage drinking simply because if you take the breathalyzer test and it is over .02 then it is clear you have consumed some alcohol and you may be charged with both offenses. However the Legislature of Pennsylvania has seen fit to add to the sentence prescribed to underage drinking a term of ninety (90) days suspension of your driving privileges for the very first offense, a one (1) year suspension of your driving privileges for the second offense and a two (2) year suspension of your driving privileges for the third or any subsequent offenses. If you are under the age of 16 and have not obtained a driver’s license this suspension will occur once your driver’s license has been obtained. So, once you obtain your driver’s license, that driver’s license then will be suspended for the appropriate amount of time. The offenses are they are with driving under the influence are consecutive. Therefore if you are found guilty of two underage drinking violations before you receive your driver’s license, one you receive your driver’s license it will be suspended for a period of one year and three months because the offenses are consecutive. Again in this area of criminal law you can see the ramifications of simply saying to an officer, oh, I’m sorry, I am 18 and yes a I did consume two beers this evening. All that will do is get you into a situation where you will one, be guaranteed a conviction; two, guaranteed a minimum three month suspension of your driving privileges if it is your first offense. It may not be in your best interest to speak when stopped for this offense. It is however in your best interest to contact this office or to contact legal representation as soon as is possible after the incident. Do not, again, do not voluntarily admit or plead guilty to any offense or give any statement which can be construed as guilt to any police officer while arrested for underage drinking. In the Commonwealth of Pennsylvania any person under the age of 21 shall not attempt to purchase, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages. It is a summary offense. It should be noted there are five (5) separate way to violate this section. They are 1. attempt to purchase, 2. purchase, 3. consumes, 4. possesses or 5. knowingly and/or intentionally transports. There is two (2) separate types of beverages involved. Giving the individual ten (10) ways to violate this statute. The statute itself allows for a fine of up to $ 500.00 dollars after the 1st offense. The statute also cites another statute as it relates to loss of driving privileges. [see 18 PaSCA 6310.4]. In this statute there is a lose of your driving privileges for the following offenses: relating to misrepresentation of age to secure liquor or malt or brewed beverages [section 6307]; relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages [6308]; relating to carrying a false identification card [6310.3]. The suspension are 90 days for 1st offense, 1 year for the 2nd offense and finally 2 years for the 3rd or more offenses. Criminal | Classes of Offenses | Offenses | Sentencing Fines
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