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

                                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).
     § 3302.  Causing or risking catastrophe.
        (a)  Causing catastrophe.--A person who causes a catastrophe
     by explosion, fire, flood, avalanche, collapse of building,
     release of poison gas, radioactive material or other harmful or
     destructive force or substance, or by any other means of causing
     potentially widespread injury or damage, including selling,
     dealing in or otherwise providing licenses or permits to
     transport hazardous materials in violation of 75 Pa.C.S. Ch. 83
     (relating to hazardous materials transportation), commits a
     felony of the first degree if he does so intentionally or
     knowingly, or a felony of the second degree if he does so
     recklessly.
        (b)  Risking catastrophe.--A person is guilty of a felony of
     the third degree if he recklessly creates a risk of catastrophe
     in the employment of fire, explosives or other dangerous means
     listed in subsection (a) of this section.
     (Apr. 30, 2002, P.L.300, No.40, eff. 60 days)

        Cross References.  Section 3302 is referred to in sections
     3304, 3311, 5708, 6105 of this title.
     § 3303.  Failure to prevent catastrophe.
        A person who knowingly or recklessly fails to take reasonable
     measures to prevent or mitigate a catastrophe, when he can do so
     without substantial risk to himself, commits a misdemeanor of
     the second degree if:
            (1)  he knows that he is under an official, contractual
        or other legal duty to take such measures; or
            (2)  he did or assented to the act causing or threatening
        the catastrophe.
     § 3304.  Criminal mischief.
        (a)  Offense defined.--A person is guilty of criminal
     mischief if he:
            (1)  damages tangible property of another intentionally,
        recklessly, or by negligence in the employment of fire,
        explosives, or other dangerous means listed in section
        3302(a) of this title (relating to causing or risking
        catastrophe);
            (2)  intentionally or recklessly tampers with tangible
        property of another so as to endanger person or property;
            (3)  intentionally or recklessly causes another to suffer
        pecuniary loss by deception or threat;
            (4)  intentionally defaces or otherwise damages tangible
        public property or tangible property of another with graffiti
        by use of any aerosol spray-paint can, broad-tipped indelible
        marker or similar marking device;
            (5)  intentionally damages real or personal property of
        another; or
            (6)  intentionally defaces personal, private or public
        property by discharging a paintball gun or paintball marker
        at that property.
        (b)  Grading.--Criminal mischief is a felony of the third
     degree if the actor intentionally causes pecuniary loss in
     excess of $5,000, or a substantial interruption or impairment of
     public communication, transportation, supply of water, gas or
     power, or other public service. It is a misdemeanor of the
     second degree if the actor intentionally causes pecuniary loss
     in excess of $1,000, or a misdemeanor of the third degree if he
     intentionally or recklessly causes pecuniary loss in excess of
     $500 or causes a loss in excess of $150 for a violation of
     subsection (a)(4). Otherwise criminal mischief is a summary
     offense.
        (c)  Definition.--As used in this section, the term
     "graffiti" means an unauthorized inscription, word, figure, mark
     or design which is written, marked, etched, scratched, drawn or
     painted.
     (Apr. 21, 1994, P.L.131, No.17, eff. 60 days; Dec. 20, 1996,
     P.L.1522, No.198, eff. 60 days; Oct. 2, 2002, P.L.806, No.116,
     eff. imd.; Dec. 22, 2005, P.L.449, No.85, eff. 60 days)

        2005 Amendment.  Act 85 amended subsec. (a).
        2002 Amendment.  Act 116 amended subsec. (a) and added
     subsec. (c).
        1996 Amendment.  Act 198 amended subsec. (b).
        1994 Amendment.  See the preamble to Act 17 of 1994 in the
     appendix to this title for special provisions relating to
     legislative findings and declarations.
        Cross References.  Section 3304 is referred to in section
     3311 of this title; sections 3573, 9720 of Title 42 (Judiciary
     and Judicial Procedure).
     § 3305.  Injuring or tampering with fire apparatus, hydrants,
                etc.
        Whoever willfully and maliciously cuts, injures, damages, or
     destroys or defaces any fire hydrant or any fire hose or fire
     engine, or other public or private fire equipment, or any
     apparatus appertaining to the same, commits a misdemeanor of the
     third degree.
     (Nov. 28, 1973, P.L.370, No.131)

        1973 Amendment.  Act 131 added section 3305.
     § 3306.  Unauthorized use or opening of fire hydrants.
        Whoever opens for private usage any fire hydrant without
     authorization of the water authority or company having
     jurisdiction over such fire hydrant, commits a summary offense.
     (Nov. 28, 1973, P.L.370, No.131)

        1973 Amendment.  Act 131 added section 3306.
     § 3307.  Institutional vandalism.
        (a)  Offenses defined.--A person commits the offense of
     institutional vandalism if he knowingly desecrates, as defined
     in section 5509 (relating to desecration or sale of venerated
     objects), vandalizes, defaces or otherwise damages:
            (1)  any church, synagogue or other facility or place
        used for religious worship or other religious purposes;
            (2)  any cemetery, mortuary or other facility used for
        the purpose of burial or memorializing the dead;
            (3)  any school, educational facility, community center,
        municipal building, courthouse facility, State or local
        government building or vehicle or juvenile detention center;
            (4)  the grounds adjacent to and owned or occupied by any
        facility set forth in paragraph (1), (2) or (3); or
            (5)  any personal property located in any facility set
        forth in this subsection.
        (a.1)  Illegal possession.--A person commits the offense of
     institutional vandalism if, with intent to violate subsection
     (a), the person carries an aerosol spray-paint can, broad-tipped
     indelible marker or similar marking device onto property
     identified in subsection (a).
        (b)  Grading.--An offense under this section is a felony of
     the third degree if the act is one of desecration as defined in
     section 5509 or if the actor causes pecuniary loss in excess of
     $5,000. Pecuniary loss includes the cost of repair or
     replacement of the property affected. Otherwise, institutional
     vandalism is a misdemeanor of the second degree.
     (June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 20, 1983,
     P.L.291, No.78, eff. imd.; Oct. 3, 1988, P.L.734, No.103, eff.
     60 days; Apr. 21, 1994, P.L.130, No.16, eff. 60 days; Oct. 2,
     2002, P.L.806, No.116, eff. imd.)

        2002 Amendment.  Act 116 amended subsec. (a).
        1994 Amendment.  Act 16 added subsec. (a.1). See the preamble
     to Act 16 of 1994 in the appendix to this title for special
     provisions relating to legislative findings and declarations.
        Special Provisions in Appendix.  See section 2 of Act 154 of
     1982 in the appendix to this title for special provisions
     relating to right of action for injunction, damages or other
     relief.
        Cross References.  Section 3307 is referred to in sections
     2710, 3311 of this title; sections 8309, 9720 of Title 42
     (Judiciary and Judicial Procedure).
     § 3308.  Additional fine for arson committed for profit.
        (a)  General rule.--Any person convicted under section 2506
     (relating to arson murder) or 3301 (relating to arson and
     related offenses) where any consideration was paid or payable,
     in addition to any sentence of imprisonment, shall be fined an
     amount double the amount of the consideration or the maximum
     lawful fine as provided in section 1101 (relating to fines),
     whichever is greater.
        (b)  Disposition of fines and forfeitures.--All fines
     collected and bail deposits forfeited under subsection (a) shall
     be provided to the Pennsylvania Emergency Management Agency for
     the Pennsylvania State Firemen's Training School also known as
     the Vocational Education Fire School and Fire Training and
     Education Programs.
     (Dec. 7, 1982, P.L.811, No.227, eff. 60 days)

        1982 Amendment.  Act 227 added section 3308.
        References in Text.  Section 2506, referred to subsec. (a),
     did not exist when this section was added. Present section 2506
     contains provisions relating to drug delivery resulting in
     death.
     § 3309.  Agricultural vandalism.
        (a)  Offense defined.--A person commits the offense of
     agricultural vandalism if he intentionally or recklessly
     defaces, marks or otherwise damages the real or tangible
     personal property of another, where the property defaced, marked
     or otherwise damaged is used in agricultural activity or
     farming.
        (b)  Grading.--Agricultural vandalism is a felony of the
     third degree if the actor intentionally causes pecuniary loss in
     excess of $5,000, a misdemeanor of the first degree if the actor
     intentionally causes pecuniary loss in excess of $1,000 or a
     misdemeanor of the second degree if the actor intentionally or
     recklessly causes pecuniary loss in excess of $500. Pecuniary
     loss includes the cost of repair or replacement of the property
     affected. Otherwise, agricultural vandalism is a misdemeanor of
     the third degree.
        (c)  Definition.--As used in this section, the terms
     "agricultural activity" and "farming" include public and private
     research activity, records, data and data-gathering equipment
     related to agricultural products as well as the commercial
     production of agricultural crops, livestock or livestock
     products, poultry or poultry products, trees and timber
     products, milk, eggs or dairy products, or fruits or other
     horticultural products.
     (July 13, 1988, P.L.500, No.86, eff. imd.; June 22, 2001,
     P.L.386, No.27, eff. imd.)

        2001 Amendment.  Act 27 amended subsec. (c).
        1988 Amendment.  Act 86 added section 3309.
        Cross References.  Section 3309 is referred to in sections
     3311, 3503 of this title.
     § 3310.  Agricultural crop destruction.
        (a)  Offenses defined.--A person commits a felony of the
     second degree if he intentionally and knowingly damages any
     field crop, vegetable or fruit plant or tree that is grown,
     stored or raised for scientific or commercial purposes or for
     any testing or research purpose in conjunction with a public or
     private research facility or a university or any Federal, State
     or local government agency.
        (b)  Restitution.--Any person convicted of violating this
     section shall, in addition to any other penalty imposed, be
     sentenced to pay the owner of the damaged field crops, vegetable
     or fruit plants or trees restitution. Restitution shall be in an
     amount equal to the cost of the financial damages incurred as a
     result of the offense, including the following:
            (1)  Value of the damaged crop.
            (2)  Disposal of the damaged crop.
            (3)  Cleanup of the property.
            (4)  Lost revenue for the aggrieved owner of the damaged
        crop.
        (c)  Exceptions.--The provisions of this section shall not
     apply to field crops, vegetable or fruit plants or trees damaged
     through research or normal commercial activity.
     (June 22, 2001, P.L.386, No.27, eff. imd.; Apr. 14, 2006,
     P.L.81, No.27, eff. 60 days)

        Cross References.  Section 3310 is referred to in section
     3311 of this title.
     § 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).
     § 3312.  Destruction of a survey monument.
        (a)  Offense defined.--
            (1)  A person commits a summary offense if he
        intentionally cuts, injures, damages, destroys, defaces or
        removes any survey monument or marker, other than a natural
        object such as a tree or stream.
            (2)  A person commits a misdemeanor of the second degree
        if he willfully or maliciously cuts, injures, damages,
        destroys, defaces or removes any survey monument or marker in
        order to call into question a boundary line.
        (b)  Restitution.--Any person convicted of violating this
     section shall, in addition to any other penalty imposed, be
     liable for the cost of the reestablishment of permanent survey
     monuments or markers by a professional land surveyor and all
     reasonable attorney fees.
        (c)  Affirmative defense.--It is an affirmative defense to
     any prosecution for an offense under this section that the
     survey monument or marker was improperly placed by a
     professional land surveyor.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Professional land surveyor."  As defined under the act of
     May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
     Surveyor and Geologist Registration Law.
        "Survey monument or marker."  Any object adopted or placed by
     a professional land surveyor to define the boundaries of a
     property, including, but not limited to, natural objects such as
     trees or streams, or artificial monuments such as iron pins,
     concrete monuments, set stones or party walls. The phrase does
     not include a wooden stake placed by a professional land
     surveyor as a temporary marker or placeholder.
     (July 7, 2006, P.L.348, No.72, eff. 60 days)

        2006 Amendment.  Act 72 added section 3312.
     § 3313.  Illegal dumping of methamphetamine waste.
        (a)  Offense defined.--A person commits a felony of the third
     degree if he intentionally, knowingly or recklessly deposits,
     stores or disposes on any property a precursor or reagent
     substance, chemical waste or debris, resulting from or used in
     the manufacture of methamphetamine or the preparation of a
     precursor or reagent substance for the manufacture of
     methamphetamine.
        (b)  Exceptions.--Subsection (a) does not apply to the
     disposal of waste products:
            (1)  by a licensed pharmaceutical company in the normal
        course of business; or
            (2)  pursuant to Federal or State laws regulating the
        cleanup or disposal of waste products from unlawful
        manufacturing of methamphetamine.
     (Apr. 29, 2010, P.L.174, No.18, eff. 60 days)

        2010 Amendment.  Act 18 added section 3313.