2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 73 - Trade and Commerce
7324 - Unlawful sale of dissertations, theses and term papers.

     § 7324.  Unlawful sale of dissertations, theses and term papers.
        (a)  Definitions.--As used in this section:
            (1)  "Assignment" means any specific written, recorded,
        pictorial, artistic, or other academic task that is intended
        for submission to any university, academy, school or other
        educational institution which is chartered, incorporated,
        licensed, registered or supervised by the Commonwealth, in
        fulfillment of the requirements of a degree, diploma,
        certificate or course of study at any such institution.
            (2)  "Prepare" means to create, write, or in any way
        produce in whole or substantial part, a term paper, thesis,
        dissertation, essay, report or other written, recorded,
        pictorial, artistic or other assignment for a fee.
        (b)  Sale of assistance to student.--No person shall sell or
     offer for sale to any student enrolled in a university, college,
     academy, school or other educational institution within the
     Commonwealth of Pennsylvania any assistance in the preparation,
     research or writing of a dissertation, thesis, term paper,
     essay, report or other written assignment knowing, or under the
     circumstances having reason to know, that said assignment is
     intended for submission either in whole or substantial part
     under said student's name to such educational institution in
     fulfillment of the requirements for a degree, diploma,
     certificate or course of study.
        (c)  Sale or distribution of assignment to student.--No
     person shall sell or offer for distribution any dissertation,
     thesis, term paper, essay, report or other written assignment to
     any student enrolled in a university, college, academy, school
     or any other institution within the Commonwealth of Pennsylvania
     knowing, or under the circumstances having reason to know, that
     said assignment is intended for submission either in whole or
     substantial part under said student's name to such educational
     institution in fulfillment of the requirement for a degree,
     diploma, certificate or course of study.
        (d)  Sale or distribution for sale to student.--No person
     shall sell or offer for distribution any dissertation, thesis,
     term paper, essay, report or other written assignment to any
     person who, sells or offers for sale any such dissertation,
     thesis, term paper, essay, report or other written assignment to
     any student enrolled in a university, college, academy, school
     or other educational institution within the Commonwealth of
     Pennsylvania knowing, or under the circumstances having reason
     to know, that said assignment is intended for submission either
     in whole or substantial part under said student's name to such
     educational institution in fulfillment of the requirements for a
     degree, diploma, certificate or course of study.
        (e)  Authorized activities and services.--Nothing herein
     contained shall prevent such educational institution or any
     member of its faculty or staff, from offering courses,
     instruction, counseling or tutoring for research or writing as
     part of a curriculum or other program conducted by such
     educational institution. Nor shall this section prevent any
     educational institution or any member of its faculty or staff
     from authorizing students to use statistical, computer, or any
     other services which may be required or permitted by such
     educational institution in the preparation, research or writing
     of a dissertation, thesis, term paper, essay, report or other
     written assignment. Nor shall this section prevent tutorial
     assistance rendered by other persons which does not include the
     preparation, research or writing of a dissertation, thesis, term
     paper, essay, report or other written assignment knowing, or
     under the circumstances having reason to know, that said
     assignment is intended for submission either in whole or
     substantial part under said student's name to such educational
     institution in fulfillment of the requirements for a degree,
     diploma, certificate or course of study. Nor shall any person be
     prevented by the provisions of this section from rendering
     services for a fee which shall be limited to the typing,
     transcription or reproduction of a manuscript.
        (f)  Authorized sale of copyrighted material.--Nothing
     contained within this section shall prevent any person from
     selling or offering for sale a publication or other written
     material which shall have been registered under the United
     States Laws of Copyright: Provided, however, That the owner of
     such copyright shall have given his authorization or approval
     for such sale: And, provided further, That said person shall not
     know or under the circumstances have reason to know that said
     assignment is intended for submission either in whole, or
     substantial part, under a student's name as a dissertation,
     thesis, term paper, essay, report or other written assignment to
     such educational institution within the Commonwealth of
     Pennsylvania in fulfillment of the requirements for a degree,
     diploma, certificate or course of study.
        (g)  Grading.--Any person who violates the provisions of this
     section shall be guilty of a misdemeanor of the third degree.
        (h)  Injunction.--Whenever there shall be a violation of this
     section an application also may be made by the Attorney General
     in the name of the people of the Commonwealth of Pennsylvania to
     a court having jurisdiction to issue an injunction, and upon
     notice to the defendant of not less than five days, to enjoin
     and restrain the continuance of such violation; and if it shall
     appear to the satisfaction of the court or justice that the
     defendant has, in fact, violated this section, an injunction may
     be issued by such court, enjoining and restraining any further
     violation, without requiring proof that any person has, in fact,
     been injured or damaged thereby. In connection with any such
     proposed application, the Attorney General is authorized to take
     proof and make a determination of the relevant facts and to
     issue subpoenas in accordance with the laws and rules of civil
     procedure.
     (July 27, 1973, P.L.226, No.58, eff. imd.)

        1973 Amendment.  Act 58 added section 7324.

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