2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 55 - Riot, Disorderly Conduct and Related Offenses
5516 - Facsimile weapons of mass destruction.

     § 5516.  Facsimile weapons of mass destruction.
        (a)  Offense defined.--A person commits an offense if the
     person intentionally, knowingly or recklessly manufactures,
     sells, purchases, transports or causes another to transport,
     delivers or causes another to deliver, possesses or uses a
     facsimile weapon of mass destruction and by such action causes
     any of the following:
            (1)  Terrifying, intimidating, threatening or harassing
        an individual.
            (2)  Alarm or reaction on the part of any of the
        following:
                (i)  A public or volunteer organization that deals
            with emergencies involving danger to life or property.
                (ii)  A law enforcement organization.
            (3)  Serious public inconvenience not limited to the
        evacuation of a building, place of assembly or facility of
        public transportation.
        (b)  Grading.--An offense under this section is a felony of
     the third degree.
        (b.1)  Restitution.--A person convicted of violating this
     section shall, in addition to any other sentence imposed or
     restitution ordered under 42 Pa.C.S. § 9721(c) (relating to
     sentencing generally), be sentenced to pay restitution in an
     amount equal to the cost of the evacuation, including, but not
     limited to, fire and police response; emergency medical service
     or emergency preparedness response; and transportation of an
     individual from the building, place of assembly or facility.
        (b.2)  Preservation of private remedies.--No judgment or
     order of restitution shall debar a person, by appropriate
     action, to recover from the offender as otherwise provided by
     law, provided that any civil award shall be reduced by the
     amount paid under the criminal judgment.
        (b.3)  Enforcement.--
            (1)  In addition to the authority conferred upon the
        Attorney General under sections 205 and 206 of the act of
        October 15, 1980 (P.L.950, No.164), known as the Commonwealth
        Attorneys Act, the Attorney General has the authority to
        investigate and to institute criminal proceedings for a
        violation of this section committed:
                (i)  anywhere in this Commonwealth;
                (ii)  in different counties; or
                (iii)  in this Commonwealth and another jurisdiction.
            (2)  Each district attorney has the authority to
        investigate and to institute criminal proceedings for a
        violation of this section.
        (b.4)  Jurisdiction.--No person charged with a violation of
     this section shall have standing to challenge the authority of
     the Attorney General under subsection (g)(1). If a challenge is
     made in violation of this subsection, the challenge shall be
     dismissed, and no relief shall be available in the courts of
     this Commonwealth to the person making the challenge.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Facsimile biological agent."  A material or substance which:
            (1)  resembles in appearance and external qualities a
        natural or genetically engineered pathogen, toxin, virus,
        bacteria, prion, fungus or microorganism which causes
        infections, disease or bodily harm; but
            (2)  does not have the capacity to cause infectious
        disease or bodily harm.
        "Facsimile bomb."  A device which:
            (1)  resembles in appearance and external qualities an
        explosive or incendiary device; but
            (2)  does not have the capability to cause an explosion
        or fire.
        "Facsimile chemical agent."  A material or substance which
     does not have the capacity to cause death or bodily harm but
     which resembles in appearance and external qualities any of the
     following:
            (1)  A nerve agent, including tabun (GA), sarin (GB),
        soman (GD), GF and VX.
            (2)  A choking agent, including phosgene (CG) and
        diphosgene (DP).
            (3)  A blood agent, including hydrogen cyanide (AC),
        cyanogen chloride (CK) and arsine (SA).
            (4)  A blister agent. This paragraph includes:
                (i)  Mustard (H).
                (ii)  Sulfur mustard (HD).
                (iii)  HN-1.
                (iv)  HN-2.
                (v)  Nitrogen mustard (HN-3).
                (vi)  An arsenical, such as lewisite (L).
                (vii)  An urticant, such as CX.
                (viii)  An incapacitating agent, such as B2.
            (5)  Any other chemical element or compound which causes
        death or bodily harm.
        "Facsimile nuclear agent."  A device, material or substance
     which:
            (1)  resembles in appearance and external qualities a
        radioactive material; but
            (2)  is not radioactive.
        "Facsimile weapon of mass destruction."  A facsimile
     biological agent, facsimile bomb, facsimile chemical agent or
     facsimile nuclear agent.
     (Oct. 31, 1997, P.L.491, No.50, eff. 60 days; June 28, 2002,
     P.L.481, No.82, eff. 60 days)

        Cross References.  Section 5516 is referred to in sections
     5708, 6105 of this title.