2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 33 - Arson, Criminal Mischief and Other Property Destruction
3311 - Ecoterrorism.

     § 3311.  Ecoterrorism.
        (a)  General rule.--A person is guilty of ecoterrorism if the
     person commits a specified offense against property intending to
     do any of the following:
            (1)  Intimidate or coerce an individual lawfully:
                (i)  participating in an activity involving animals,
            plants or an activity involving natural resources; or
                (ii)  using an animal, plant or natural resource
            facility.
            (2)  Prevent or obstruct an individual from lawfully:
                (i)  participating in an activity involving animals,
            plants or an activity involving natural resources; or
                (ii)  using an animal, plant or natural resource
            facility.
        (b)  Grading and penalty.--
            (1)  If the specified offense against property is a
        summary offense, an offense under this section shall be
        classified as a misdemeanor of the third degree.
            (2)  If the specified offense against property is a
        misdemeanor or a felony of the third or second degree, an
        offense under this section shall be classified one degree
        higher than the classification of the specified offense
        against property specified in section 106 (relating to
        classes of offenses).
            (3)  If the specified offense against property is a
        felony of the first degree, a person convicted of an offense
        under this section shall be sentenced to a term of
        imprisonment fixed by the court at not more than 40 years and
        may be sentenced to pay a fine of not more than $100,000.
        (c)  Restitution.--Any person convicted of violating this
     section shall, in addition to any other penalty imposed, be
     sentenced to pay the owner of any damaged property which
     resulted from the violation restitution. Restitution shall be in
     an amount up to triple the value of the property damages
     incurred as a result of the specified offense against property.
     In ordering restitution pursuant to this subsection, the court
     shall consider as part of the value of the damaged property the
     market value of the property prior to the violation and the
     production, research, testing, replacement and development costs
     directly related to the property that was the subject of the
     specified offense.
        (c.1)  Immunity.--A person who exercises the right of
     petition or free speech under the United States Constitution or
     the Constitution of Pennsylvania on public property or with the
     permission of the landowner where the person is peaceably
     demonstrating or peaceably pursuing his constitutional rights
     shall be immune from prosecution for these actions under this
     section or from civil liability under 42 Pa.C.S. § 8319
     (relating to ecoterrorism).
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Activity involving animals or plants."  A lawful activity
     involving the use of animals, animal parts or plants, including
     any of the following:
            (1)  Activities authorized under 30 Pa.C.S. (relating to
        fish) and 34 Pa.C.S. (relating to game).
            (2)  Activities authorized under the act of December 7,
        1982 (P.L.784, No.225), known as the Dog Law.
            (3)  Food production, processing and preparation.
            (4)  Clothing manufacturing and distribution.
            (5)  Entertainment and recreation.
            (6)  Research, teaching and testing.
            (7)  Propagation, production, sale, use or possession of
        legal plants.
            (8)  Agricultural activity and farming as defined in
        section 3309 (relating to agricultural vandalism).
        "Activity involving natural resources."  A lawful activity
     involving the use of a natural resource with an economic value,
     including any of the following:
            (1)  Mining, foresting, harvesting or processing natural
        resources.
            (2)  The sale, loan or lease of products which requires
        the use of natural resources.
        "Animal, plant or natural resource facility."  A vehicle,
     building, structure or other premises:
            (1)  where an animal, plant or natural resource is
        lawfully housed, exhibited or offered for sale; or
            (2)  which is used for scientific purposes involving
        animals, plants or natural resources, including research,
        teaching and testing.
        "Specified offense against property."  Any of the following
     offenses:
            Section 3301(a), (c), (d), (d.1) and (f) (relating to
        arson and related offenses).
            Section 3302 (relating to causing or risking
        catastrophe).
            Section 3304 (relating to criminal mischief).
            Section 3307 (relating to institutional vandalism).
            Section 3309 (relating to agricultural vandalism).
            Section 3310 (relating to agricultural crop destruction).
            Section 3502 (relating to burglary) but only if the actor
        commits the crime for the purpose of committing one of the
        other offenses listed in this definition.
            Section 3503 (relating to criminal trespass) but only if
        the actor commits the crime for the purpose of threatening or
        terrorizing the owner or occupant of the premises, starting
        or causing to be started any fire upon the premises or
        defacing or damaging the premises.
            Section 3921 (relating to theft by unlawful taking or
        disposition).
            Section 3922 (relating to theft by deception).
            Section 4101 (relating to forgery).
            Section 4120 (relating to identity theft).
     (Apr. 14, 2006, P.L.81, No.27, eff. 60 days)

        2006 Amendment.  Act 27 added section 3311.
        Cross References.  Section 3311 is referred to in section
     8319 of Title 42 (Judiciary and Judicial Procedure).