2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 33 - Arson, Criminal Mischief and Other Property Destruction
3301 - Arson and related offenses.

                                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.
     3313.  Illegal dumping of methamphetamine waste.

        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); sections 3903, 7122 of Title 61 (Prisons
     and Parole).