2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 39 - Theft and Related Offenses
3930 - Theft of trade secrets.

     § 3930.  Theft of trade secrets.
        (a)  Felony of the second degree.--A person is guilty of a
     felony of the second degree if he:
            (1)  by force or violence or by putting him in fear takes
        from the person of another any article representing a trade
        secret;
            (2)  willfully and maliciously enters any building or
        other structure with intent to obtain unlawful possession of,
        or access to, an article representing a trade secret; or
            (3)  willfully and maliciously accesses any computer,
        computer network or computer system, whether in person or
        electronically, with the intent to obtain unlawful possession
        of, or access to, an article representing a trade secret.
        (b)  Felony of the third degree.--A person is guilty of a
     felony of the third degree if he, with intent to wrongfully
     deprive of, or withhold from the owner, the control of a trade
     secret, or with intent to wrongfully appropriate a trade secret
     for his use, or for the use of another:
            (1)  unlawfully obtains possession of, or access to, an
        article representing a trade secret; or
            (2)  having lawfully obtained possession of an article
        representing a trade secret, or access thereto, converts such
        article to his own use or that of another person, while
        having possession thereof or access thereto makes, or causes
        to be made, a copy of such article, or exhibits such article
        to another.
        (c)  Further disposition irrelevant.--The crime or crimes
     defined in subsections (a) and (b) of this section shall be
     deemed complete without regard to the further disposition,
     return, or intent to return, of the article representing a trade
     secret.
        (d)  Defense.--It shall be a complete defense to any
     prosecution under subsection (b) of this section for the
     defendant to show that information comprising the trade secret
     was rightfully known or available to him from a source other
     than the owner of the trade secret.
        (e)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Article."  Any object, material, device or substance or copy
     thereof, including any writing, record, recording, drawing,
     description, sample, specimen, prototype, model, photograph,
     microorganism, blueprint or map.
        "Computer."  An electronic, magnetic, optical, hydraulic,
     organic or other high-speed data processing device or system
     which performs logic, arithmetic or memory functions and
     includes all input, output, processing, storage, software or
     communication facilities which are connected or related to the
     device in a system or network.
        "Computer network."  The interconnection of two or more
     computers through the usage of satellite, microwave, line or
     other communication medium.
        "Computer system."  A set of related, connected or
     unconnected computer equipment, devices and software.
        "Copy."  Any facsimile, replica, photograph or reproduction
     of, an article, or any note, drawing, sketch, or description
     made of, or from an article.
        "Representing."  Describing, depicting, containing,
     constituting, reflecting or recording.
        "Trade secret."  The whole or any portion or phase of any
     scientific or technical information, design, process, procedure,
     formula or improvement which is of value and has been
     specifically identified by the owner as of a confidential
     character, and which has not been published or otherwise become
     a matter of general public knowledge. There shall be a
     rebuttable presumption that scientific or technical information
     has not been published or otherwise become a matter of general
     public knowledge when the owner thereof takes measures to
     prevent it from becoming available to persons other than those
     selected by him to have access thereto for limited purposes.
        (f)  Construction.--Nothing in this section shall be
     construed to interfere with or prohibit terms or conditions in a
     contract or license related to a computer, a computer network or
     computer software.
     (Oct. 16, 1996, P.L.715, No.128, eff. 60 days; June 25, 1997,
     P.L.284, No.26, eff. 60 days; Feb. 19, 2004, P.L.143, No.14,
     eff. 60 days)

        2004 Amendment.  Section 4 of Act 14 provided that Act 14
     shall not apply to misappropriation occurring prior to the
     effective date of Act 14, including a continuing
     misappropriation that began prior to the effective date of Act
     14 and which continues to occur after the effective date of Act
     14.
        Cross References.  Section 3930 is referred to in section
     5552 of Title 42 (Judiciary and Judicial Procedure).