New Criminal Offenses (or Amendments/Enhancements of
Existing Criminal Offenses) for 2007
NOTE: This is not intended to be inclusive listing of all newly enacted
Title 18 (PA Crimes Code) legislation rather what is potentially significant to
§ 2702.2 Paintball Guns and Markers
Clarified that a person may not carry paintball gun/marker in a vehicle on a
highway, unless: (1) unloaded; (2) propellant source disconnected, disabled or
off; (3) paintball stored in separate closed container and (4) gun/marker in
secure wrapper, has a “barrel blocking device” installed, or readily/directly
accessible from the passenger compartment. Exception: Commercial paintball
operations. It is now summary offense of discharging paintball gun/marker at a
non-participant in such activities. Finally, a paintball gun/marker not
considered an air rifle under § 6304.
§ 2910 Luring a Child into a Motor Vehicle or Structure
Expanded to prohibit a person from luring or attempting to lure a child into a
“structure” without the consent, expressed or implied, of the child’s parent or
guardian. A defense to this charge is if the defendant lured or attempted to
lure the child into the structure for a lawful purpose.
Structure is defined as: A house, apartment building, shop, warehouse,
barn, building, vessel, railroad car cargo containers, house car, trailer,
trailer coach, camper, mine, floating home, or other enclosed structure capable
of holding a child, which is not open to the public.
§ 3126 Indecent Assault
Amended to include where defendant intentionally causes the victim to come into
contact with the seminal fluid, urine or feces of a defendant.
§ 3312 Destruction of Survey Monument
It is a summary offense if a person intentionally cuts, injuries, damages,
destroys, defaces or removes any “survey monument or marker” other than a
natural object such as a tree or stream. It shall be a misdemeanor of the second
degree if the person willfully, or maliciously cuts , injures, damages,
destroys, defaces or removes any survey monument or marker in order to call into
question a boundary line.
§ 6105 Persons, Not to Possess, Use, Manufacture, Control Sell or
Transfer Firearms (Prohibition under 18 U. S.C. § 922)
Adopts federal firearms restriction on defendants who have been convicted of a
misdemeanor crime of domestic violence involving use or attempted use of
physical force, or threatened use of a deadly weapon, where the victim was the
defendants current or former spouse, parent, guardian, mother/father of
defendants child, present or former live-in girlfriend/boyfriend or person
similarly situated to a spouse, parent or guardian of the victim.
§ 7507.1 Invasion of Privacy
Expanded to prohibit viewing, photographing, videotaping, electronically
depicting, filming, or other wise recording (for sexual gratification) victim in
state of full or partial nudity without consent in place where victim has
reasonable expectation of privacy. Also expanded to prohibit viewing of victim’s
“intimate parts” not visible through normal public observation