2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 39 - Theft and Related Offenses
3929.2 - Unlawful possession of retail or library theft instruments.

     § 3929.2.  Unlawful possession of retail or library theft
                instruments.
        (a)  Offense.--A person commits a misdemeanor of the first
     degree if he knowingly possesses, manufactures, sells, offers
     for sale or distributes in any way a theft detection shielding
     device or a theft detection deactivation device.
        (b)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Conceal."  To conceal merchandise or library or museum
     material 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.
        "Library."  Any public library, any library, archives or
     manuscript repository of an educational, historical or
     eleemosynary institution, organization or society, any museum
     and any repository of public records.
        "Library or museum material."  Any book, plate, picture,
     photograph, engraving, painting, drawing, map, newspaper,
     magazine, pamphlet, broadside, manuscript, document, letter,
     public record, microfilm, sound recording, audiovisual materials
     in any format, magnetic or other tapes, electronic data
     processing records, display object, exhibit, work of art,
     artifact or other documentary, written or printed materials
     regardless of physical form or characteristics, belonging to, on
     loan to or otherwise in the custody of a library.
        "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.
        "Store or other retail mercantile establishment."  A place
     where merchandise is displayed, held, stored or sold or offered
     to the public for sale.
        "Theft detection deactivation device."  Any tool, device,
     equipment or object designed to destroy, remove, render
     inoperative or deactivate any inventory control tag, security
     strip or any other mechanism designed or employed to prevent an
     offense under section 3929 (relating to retail theft) or 3929.1
     (relating to library theft) which is possessed, manufactured,
     sold or offered for sale with the intention that it be used to:
            (1)  deprive merchants of the possession, use or benefit
        of merchandise displayed, held, stored or offered for sale or
        lease without paying the full retail value thereof; or
            (2)  convert library or museum material to one's own use.
        "Theft detection shielding device."  Any laminated, lined or
     coated bag, purse, container, case, coat or similar device which
     is intended to be used to take possession of, carry away,
     transfer, cause to be carried away or transferred or conceal:
            (1)  any merchandise displayed, held, stored or offered
        for sale or lease by any store or other retail mercantile
        establishment with the intent to deprive merchants of the
        possession, use or benefit of such merchandise without paying
        the full retail value thereof; or
            (2)  any library or museum material on his person or
        among his belongings with the intent to convert such material
        to his own use.
     (Apr. 17, 2002, P.L.246, No.33, eff. 60 days)

        2002 Amendment.  Act 33 added section 3929.2.
        Cross References.  Section 3929.2 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).