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Arson and related offenses - 18 Pa. Cons. Stat. § 3301Legal Research Home > Pennsylvania Statutes
ARTICLE C
OFFENSES AGAINST PROPERTY
Chapter
33. Arson, Criminal Mischief and Other Property Destruction
35. Burglary and Other Criminal Intrusion
37. Robbery
39. Theft and Related Offenses
41. Forgery and Fraudulent Practices
CHAPTER 33
ARSON, CRIMINAL MISCHIEF AND OTHER
PROPERTY DESTRUCTION
Sec.
3301. Arson and related offenses.
3302. Causing or risking catastrophe.
3303. Failure to prevent catastrophe.
3304. Criminal mischief.
3305. Injuring or tampering with fire apparatus, hydrants, etc.
3306. Unauthorized use or opening of fire hydrants.
3307. Institutional vandalism.
3308. Additional fine for arson committed for profit.
3309. Agricultural vandalism.
3310. Agricultural crop destruction.
3311. Ecoterrorism.
3312. Destruction of a survey monument.
Enactment. Chapter 33 was added December 6, 1972, P.L.1482,
No.334, effective in six months.
Cross References. Chapter 33 is referred to in sections 911,
2710 of this title.
§ 3301. Arson and related offenses.
(a) Arson endangering persons.--
(1) A person commits a felony of the first degree if he
intentionally starts a fire or causes an explosion, or if he
aids, counsels, pays or agrees to pay another to cause a fire
or explosion, whether on his own property or on that of
another, and if:
(i) he thereby recklessly places another person in
danger of death or bodily injury, including but not
limited to a firefighter, police officer or other person
actively engaged in fighting the fire; or
(ii) he commits the act with the purpose of
destroying or damaging an inhabited building or occupied
structure of another.
(2) A person who commits arson endangering persons is
guilty of murder of the second degree if the fire or
explosion causes the death of any person, including but not
limited to a firefighter, police officer or other person
actively engaged in fighting the fire, and is guilty of
murder of the first degree if the fire or explosion causes
the death of any person and was set with the purpose of
causing the death of another person.
(b) Sentence.--A person convicted of violating the
provisions of subsection (a)(2), murder of the first degree,
shall be sentenced to death or life imprisonment without right
to parole; a person convicted of murder of the second degree,
pursuant to subsection (a)(2), shall be sentenced to life
imprisonment without right to parole. Notwithstanding provisions
to the contrary, no language herein shall infringe upon the
inherent powers of the Governor to commute said sentence.
(c) Arson endangering property.--A person commits a felony
of the second degree if he intentionally starts a fire or causes
an explosion, whether on his own property or that of another, or
if he aids, counsels, pays or agrees to pay another to cause a
fire or explosion, and if:
(1) he commits the act with intent of destroying or
damaging a building or unoccupied structure of another;
(2) he thereby recklessly places an inhabited building
or occupied structure of another in danger of damage or
destruction; or
(3) he commits the act with intent of destroying or
damaging any property, whether his own or of another, to
collect insurance for such loss.
(d) Reckless burning or exploding.--A person commits a
felony of the third degree if he intentionally starts a fire or
causes an explosion, or if he aids, counsels, pays or agrees to
pay another to cause a fire or explosion, whether on his own
property or on that of another, and thereby recklessly:
(1) places an uninhabited building or unoccupied
structure of another in danger of damage or destruction; or
(2) places any personal property of another having a
value that exceeds $5,000 or if the property is an
automobile, airplane, motorcycle, motorboat or other motor-
propelled vehicle in danger of damage or destruction.
(d.1) Dangerous burning.--A person commits a summary offense
if he intentionally or recklessly starts a fire to endanger any
person or property of another whether or not any damage to
person or property actually occurs.
(e) Failure to control or report dangerous fires.--A person
who knows that a fire is endangering the life or property of
another and fails to take reasonable measures to put out or
control the fire, when he can do so without substantial risk to
himself, or to give a prompt fire alarm, commits a misdemeanor
of the first degree if:
(1) he knows that he is under an official, contractual
or other legal duty to control or combat the fire; or
(2) the fire was started, albeit lawfully, by him or
with his assent, or on property in his custody or control.
(f) Possession of explosive or incendiary materials or
devices.--A person commits a felony of the third degree if he
possesses, manufactures or transports any incendiary or
explosive material with the intent to use or to provide such
device or material to commit any offense described in subsection
(a), (c) or (d).
(g) Disclosure of true owner.--Law enforcement officers
investigating an offense under this section may require a
trustee of a passive trust or trust involving an undisclosed
principal or straw party to disclose the actual owner or
beneficiary of the real property in question. The name of the
actual owner or beneficiary of real estate subject to a passive
trust, trust involving an undisclosed principal or arrangement
with a straw party when obtained under the provisions of this
subsection shall not be disclosed except as an official part of
an investigation and prosecution of an offense under this
section. A person who refuses to disclose a name as required by
this section or who discloses a name in violation of this
subsection is guilty of a misdemeanor of the third degree.
(h) Limitations on liability.--The provisions of subsections
(a), (b), (c), (d), (d.1) and (e) shall not be construed to
establish criminal liability upon any volunteer or paid
firefighter or volunteer or paid firefighting company or
association if said company or association endangers a
participating firefighter or real or personal property in the
course of an approved, controlled fire training program or fire
evolution, provided that said company or association has
complied with the following:
(1) a sworn statement from the owner of any real or
personal property involved in such program or evolution that
there is no fire insurance policy or no lien or encumbrance
exists which applies to such real or personal property;
(2) approval or permits from the appropriate local
government or State officials, if necessary, to conduct such
program or exercise have been received;
(3) precautions have been taken so that the program or
evolution does not affect any other persons or real or
personal property; and
(4) participation of firefighters in the program or
exercise if voluntary.
(h.1) Prohibition on certain service.--A person convicted of
violating this section or any similar offense under Federal or
State law shall be prohibited from serving as a firefighter in
this Commonwealth and shall be prohibited from being certified
as a firefighter under section 4 of the act of November 13, 1995
(P.L.604, No.61), known as the State Fire Commissioner Act.
Proof of nonconviction must consist of either of the following:
(1) An official criminal history record check obtained
pursuant to Chapter 91 (relating to criminal history record
information) indicating no arson convictions.
(2) A dated and signed statement by the person swearing
to the following:
I have never been convicted of an offense that
constitutes the crime of "arson and related offenses"
under 18 Pa.C.S. § 3301 or any similar offense under any
Federal or State law. I hereby certify that the
statements contained herein are true and correct to the
best of my knowledge and belief. I understand that if I
knowingly make any false statement herein, I am subject
to penalties prescribed by law, including, but not
limited to, a fine of at least $1,000.
(i) Defenses.--It is a defense to prosecution under
subsections (c), (d) and (d.1) where a person is charged with
destroying a vehicle, lawful title to which is vested in him, if
the vehicle is free of any encumbrances, there is no insurance
covering loss by fire or explosion or both on the vehicle and
the person delivers to the nearest State Police station at least
48 hours in advance of the planned destruction a written sworn
statement certifying that the person is the lawful titleholder,
that the vehicle is free of any encumbrances and that there is
no insurance covering loss by fire or explosion or both on the
vehicle.
(j) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Occupied structure." Any structure, vehicle or place
adapted for overnight accommodation of persons or for carrying
on business therein, whether or not a person is actually
present. If a building or structure is divided into separately
occupied units, any unit not occupied by the actor is an
occupied structure of another.
"Property of another." A building or other property, whether
real or personal, in which a person other than the actor has an
interest which the actor has no authority to defeat or impair,
even though the actor may also have an interest in the building
or property.
(Apr. 29, 1982, P.L.363, No.101, eff. 90 days; Dec. 7, 1982,
P.L.811, No.227, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
eff. 60 days; Nov. 29, 2006, P.L.1481, No.168, eff. 60 days)
2006 Amendment. Act 168 added subsec. (h.1).
1998 Amendment. Act 121 amended subsecs. (d), (h) and (i)
and added subsec.(d.1).
1982 Amendments. Section 3 of Act 227 provided that,
notwithstanding the provisions of 1 Pa.C.S. § 1955, the
amendments to section 3301 by Act 101 are repealed.
Cross References. Section 3301 is referred to in sections
3308, 3311, 5708, 6105 of this title; section 5303 of Title 23
(Domestic Relations); sections 5552, 6307, 6308, 6336, 9714,
9802 of Title 42 (Judiciary and Judicial Procedure); section 702
of Title 54 (Names).
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Last modified: November 27, 2007 |
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