"PENAL CODE, THE" - REPEALED Act of Jun. 24, 1939, P.L. 872, No. 375 Cl. 18 AN ACT

"PENAL CODE, THE" - REPEALED Act of Jun. 24, 1939, P.L. 872, No. 375 Cl. 18 AN ACT To consolidate, amend and revise the penal laws of the Commonwealth. Compiler's Note: The act of December 6, 1972 (P.L.1482, No.334), which enacted the Crimes Code (18 Pa.C.S.) and repealed the Penal Code of 1939, provided in section 4: "Sections 72 and 94 of the Statutory Construction Act shall not be applicable to any provision of Title 18 of the Pennsylvania Consolidated Statutes (relating to crimes and offenses) as added by this act, except Article G (relating to miscellaneous offenses) of Part II (relating to definition of specific offenses)." The Statutory Construction Act of 1937 was repealed December 6, 1972, P.L.1339, No.290, effective immediately, and the former provisions of sections 72 and 94 are now contained in 1 Pa.C.S. 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1974 (relating to effect of separate repeals on code provisions by same General Assembly), respectively. Various sections of the Penal Code of 1939 were amended or added during the 1972 session of the General Assembly and there is some question as to which, if any, of these amendments are to be given effect. Accordingly, these sections are set forth with a compiler's note indicating their probable disposition and status. See also Commonwealth v. Flashburg, 352 A.2d 185 (1975 - Superior), and Commonwealth v. Walton, 397 A.2d 1179 (1979 - Supreme), which construed in part the effect of the enactment of the Crimes Code on the 1972 amendments to section 1109 of the Penal Code of 1939 prior to its repeal. Compiler's Note: Section 1110 was also repealed December 6, this section is effectively repealed because the 1972 amendment has been given effect in the Crimes Code (18 Pa.C.S.). See 18 Pa.C.S. 6301 and the note following the constitutional title of this act. Section 329. False Information Concerning Bombs.--Any person who furnishes any false information to a police officer or to any appointed or elected official or to any employe of any political subdivision of this Commonwealth or to any official or employe of any public, private or parochial school, railroad or railroad depot or station, theatre or other place of assembly,

or to any person residing in, occupying, or employed in any private home, residence, office or building, concerning the placement or setting of a bomb or other explosive, knowing the same to be false, is guilty of a felony, and shall, upon conviction thereof, be sentenced to pay a fine not to exceed five thousand dollars ($5000) or undergo imprisonment not to exceed five years, or both. (329 amended Feb. 9, 1972, P.L.55, No.15) Compiler's Note: Section 329 was also repealed December 6, Construction Act. See 18 Pa.C.S. 4905 and the note following the constitutional title of this act. Section 329.1. Bomb Threats.--Whoever wilfully and maliciously causes the placement or setting of a bomb or other explosive, or threatens by any means the placement or setting of a bomb or other explosive, is guilty of a felony, and upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars ($10,000), or to undergo imprisonment not exceeding five (5) years, or both. (329.1 added Oct. 18, 1972, P.L.981, No.242) Compiler's Note: Section 329.1 was also repealed December 6, 1972 amendment which added this section. However, it appears that this section is effectively repealed because there is no comparable provision in the Crimes Code (18 Pa.C.S.) and the 1972 amendment is not preserved by the Statutory Construction Act. See the note following the constitutional title of this act. Section 416. Carrying Deadly Weapons.--(a) Whoever carries any firearm, slungshot, handy-billy, dirk-knife, razor or any other deadly weapon, concealed upon his person, or any knife, razor or cutting instrument, the blade of which can be exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, with the intent therewith unlawfully and maliciously to do injury to any other person, is guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500), or undergo imprisonment not exceeding one (1) year, or both. The jury trying the case may infer such intent from the fact the defendant carried such weapon. (b) Whoever is convicted of committing a crime of violence, which for the purposes of this section means murder, rape, robbery, burglary, entering a building with intent to commit a

crime therein, kidnapping or participation in riot and during the commission thereof had in his possession a firearm shall, in addition to the penalties prescribed by law, be sentenced to undergo imprisonment for not less than five (5) years and not more than ten (10) years. (c) As used in this section, the term "firearm" means an instrument used in the propulsion of shot, shell, bullet or any other object by the action of gunpowder exploded, explosive powder or the expansion of gas therein. (416 amended Feb. 25, 1972, P.L.79, No.27) Compiler's Note: Section 416 was also repealed December 6, Construction Act. See 18 Pa.C.S. 907 and 908 and the note following the constitutional title of this act. Section 510. Seduction of Female under Eighteen.--Whoever seduces any female of good repute, under eighteen years of age, with illicit connection under promise of marriage, is guilty of a seduction, a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars ($1,000), or to undergo imprisonment, either at labor by separate or solitary confinement or imprisonment without labor, not exceeding three (3) years, or both. The promise of marriage shall not be deemed established unless the testimony of the female seduced is corroborated by other evidence, either circumstantial or positive. (510 amended June 16, 1972, P.L.421, No.122) Compiler's Note: Section 510 was also repealed December 6, Construction Act. See the note following the constitutional title of this act. Section 650. Pawnbrokers Dealing with Minors.--Whoever, being a pawnbroker or the employe of a pawnbroker, makes any loan or advances, or permits to be made any loan or advance, to any minor under the age of eighteen (18) years, or in any manner receives, directly or indirectly, any goods, chattels, wares, or merchandise from any minor under the age of eighteen (18) years, in pledge for loans made or to be made to such minor, or whoever acts as an intermediary between any pawnbroker or the employe of a pawnbroker to effect any loan, the benefit of which shall

accrue to any minor under the age of eighteen (18) years, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars ($1,000) or undergo imprisonment not exceeding one (1) year, or both. (650 amended June 16, 1972, P.L.421, No.122) Compiler's Note: Section 650 was also repealed December 6, Construction Act. See the note following the constitutional title of this act. Section 662. Railroad Employe Abandoning Train.--Whoever, being a locomotive engineer or other railroad employe engaged in any strike, abandons the locomotive engine in his charge, when attached to a passenger train, at any place other than the schedule or otherwise appointed destination of such train is guilty of a summary offense, and upon conviction thereof, shall pay a fine of one hundred dollars ($100). (662 amended Oct. 18, 1972, P.L.971, No.237) Compiler's Note: Section 662 was also repealed December 6, this section is effectively repealed because the 1972 amendment has been given effect in the Crimes Code (18 Pa.C.S.). See 18 Pa.C.S. 6903 and the note following the constitutional title of this act. Section 664. Interfering With Railroad Employe.--Whoever, in aid or furtherance of the objects of any strike upon any railroad, interferes with, molests or obstructs any locomotive engineer or other railroad employe engaged in the discharge and performance of his duty as such, is guilty of a summary offense, and upon conviction thereof, shall be sentenced to pay a fine of one hundred dollars ($100). (664 amended Oct. 18, 1972, P.L.971, No.237) Compiler's Note: Section 664 was also repealed December 6, this section is effectively repealed because the 1972 amendment has been given effect in the Crimes Code (18 Pa.C.S.). See 18 Pa.C.S. 6904 and the note following

the constitutional title of this act. Section 729. Tattooing Minors.--Whoever tattoos any person under the age of eighteen (18) years without the consent of the living parents, or of the legal guardian thereof, if such minor is under the care of a guardian, is guilty of a misdemeanor, and shall, upon conviction thereof, be sentenced to pay a fine of not more than one hundred dollars ($100), or to undergo imprisonment of not more than three (3) months, or both. (729 amended June 16, 1972, P.L.421, No.122) Compiler's Note: Section 729 was also repealed December 6, this section is effectively repealed because the 1972 amendment has been given effect in the Crimes Code (18 Pa.C.S.). See 18 Pa.C.S. 6311 and the note following the constitutional title of this act. Section 731. Wilful Separation or Nonsupport.--Whoever, being a husband or father, separates himself from his wife or from his children or from wife and children, without reasonable cause, or wilfully neglects to maintain his wife or children, such wife or children being destitute, or being dependent wholly or in part on their earnings for adequate support, is guilty of a misdemeanor, and on conviction thereof, shall be sentenced to imprisonment not exceeding one (1) year, or to pay a fine not exceeding five hundred dollars ($500), or both. Such fine, if any, may be paid or applied, in whole or in part, to the wife or children, as the court may direct. No such conviction, payment, or fine, or undergoing imprisonment shall in any manner affect the obligation of any order for support theretofore made against the defendant in any competent court. In any such case, the court may suspend sentence upon and during compliance by the defendant with any order for support as already made or as thereafter modified. If no such order shall have been made, then the court trying the defendant may make such order for the support by the defendant of his wife and children or either of them, which order shall be subject to modification by the court on cause shown, and may suspend sentence upon and during the compliance by defendant with such order upon entry of bond by defendant with surety approved by the court, conditioned on compliance with such order. The court after hearing the parties may also determine and make orders with respect to the right of parents to visit their children. In any proceedings under this section, the wife or any person having the care, custody, or control of minor children shall be a competent witness. As used in this section, the word "children" shall be limited to mean children under sixteen (16) years of age, and also such children over sixteen (16) and under eighteen (18) years of age, as by reason of infirmity are incapable of supporting themselves. "Separation" or "nonsupport" shall include every

case where a husband has caused his wife to leave him by conduct on his part which would be ground for divorce, or a father has neglected to provide for maintenance, support, and care of his wife or children or wife and children. (731 amended June 16, 1972, P.L.421, No.122) Compiler's Note: Section 731 was also repealed December 6, this section is effectively repealed either because the 1972 amendment has been given effect in the Crimes Code (18 Pa.C.S.) or the 1972 amendment is not preserved by the Statutory Construction Act. See 18 Pa.C.S. 4321 and the note following the constitutional title of this act. Section 806.1. Definitions.--As used in sections 806.2 through 806.9 of this act-- (a) To "extend credit" means to make or renew any loan, or to enter into any agreement, express or implied, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred, (b) "Creditor" means any person who extends credit, or any person claiming by, under, or through any such person, (c) "Debtor" means any person who receives an extension of credit, or any person who guarantees the repayment of an extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person who receives an extension of credit to repay the same. Nothing in sections 806.2 through 806.9 of this act shall be construed as authorizing the conviction or punishment of a debtor because he receives, guarantees, repays or agrees to repay any extension of credit or indemnifies the creditor, (d) "Repayment" of an extension of credit includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit, (e) To "collect" an extension of credit means to induce in any way any person to make repayment thereof, (f) "Extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment may result in the use of extortionate means, (g) An "extortionate means" is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, or property of any person, and (h) "Criminal usury" is charging, taking or receiving any money, things in action or other property as interest on the loan or forbearance of any money, things in action or other property, at a rate exceeding thirty-six per cent per annum or the equivalent rate for a longer or shorter period, when not

otherwise authorized by law. (806.1 added Dec. 29, 1972, P.L.1671, No.358) Compiler's Note: Sections 806.1 through 806.9 were also repealed December 6, 1972, P.L.1482, No.334, as a result of the repeal of the entire Penal Code of 1939 but the text is still carried because of the possibility that these sections may still be effective, in whole or in part, to give effect to the 1972 amendment which added these sections. However, it appears that these sections are effectively repealed because there is no comparable provision in the Crimes Code (18 Pa.C.S.) and the 1972 amendment is not preserved by the Statutory Construction Act. See the note following the constitutional title of this act. Section 806.2. Making Extortionate Extensions of Credit.-- (a) Whoever makes an extortionate extension of credit, or conspires to do so, is guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars ($10,000) or to undergo imprisonment not exceeding twenty (20) years, or both. Offenses are in no way limited by the amount of the extension of credit or the interest rate charged thereon. (b) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of subsection (a): (1) The extension of credit was made at a rate of interest at least equal to that established for criminal usury in section 806.1 (h) of this act. (2) At the time credit was extended, the debtor reasonably believed that either (A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means, or (B) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof. (3) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded one hundred dollars ($100). (c) In any prosecution under this section, if evidence has been introduced tending to show the existence of the factor specified in subsection (b)(1) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community at the time of the extension.

(806.2 added Dec. 29, 1972, P.L.1671, No.358) Section 806.3. Engaging in Criminal Usury.--Whoever engages in criminal usury, or conspires to do so, is guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to undergo imprisonment not exceeding ten (10) years, or both. (806.3 added Dec. 29, 1972, P.L.1671, No.358) Section 806.4. Financing Extortionate Extensions of Credit.--Whoever wilfully advances, or conspires to advance, money, things in action or other property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profitsharing agreement, or otherwise, to any person, with reasonable grounds to believe that it is the intention of that person to use the money, things in action or other property so advanced directly or indirectly for the purpose of making extortionate extensions of credit, is guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars ($10,000) or twice the value of the money, things in action or other property so advanced, whichever is greater, or to undergo imprisonment not exceeding twenty (20) years, or both. (806.4 added Dec. 29, 1972, P.L.1671, No.358) Section 806.5. Financing Criminal Usury.--Whoever wilfully advances, or conspires to advance, money, things in action or other property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, to any person, with reasonable grounds to believe that it is the intention of that person to use the money, things in action or other property so advanced directly or indirectly for the purpose of engaging in criminal usury, is guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or twice the value of the money, things in action or other property so advanced, whichever is greater, or to undergo imprisonment not exceeding ten (10) years, or both. (806.5 added Dec. 29, 1972, P.L.1671, No.358) Section 806.6. Collection of Extensions of Credit by Extortionate Means.--(a) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means

to collect or attempt to collect any extension of credit, or to punish any person for the nonrepayment thereof, is guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars ($10,000) or to undergo imprisonment not exceeding twenty (20) years, or both. (b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means. (c) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time credit was extended, of the circumstances described in section 806.2 (b)(1) of this act, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant at the time of the collection or attempt at collection. (806.6 added Dec. 29, 1972, P.L.1671, No.358) Section 806.7. Receiving Proceeds of Extortionate Extensions of Credit, and Collection of Extensions of Credit by Extortionate Means.--Whoever knowingly receives, or conspires to receive, the proceeds of an extortionate extension of credit, or the collection of an extension of credit by extortionate means, shall be guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars ($10,000) or to undergo imprisonment not exceeding twenty (20) years, or both. (806.7 added Dec. 29, 1972, P.L.1671, No.358) Section 806.8. Receiving Proceeds of Criminal Usury.-- Whoever knowingly receives, or conspires to receive, the proceeds of criminal usury, shall be guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to undergo imprisonment not exceeding ten (10) years, or both. (806.8 added Dec. 29, 1972, P.L.1671, No.358) Section 806.9. Possession of Records of Criminal Usury.--

Whoever, other than a public officer in the performance of his duty as such, maintains, causes to be maintained, conspires to maintain, or possesses any writing, paper, book, instrument or article used to record criminally usurious transactions, and who knows or has reasonable grounds to know that the contents record a criminally usurious transaction, is guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding two thousand, five hundred dollars ($2,500) or to undergo imprisonment not exceeding five (5) years, or both. (806.9 added Dec. 29, 1972, P.L.1671, No.358) Section 904. Possession of Burglary Tools.--Whoever has in his possession any tool, false-key, lockpick, bit, nippers, fuse, force-screw, punch, drill, jimmy, or any material, implement, instrument, or possesses a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or coin operated services including but not limited to washing machines, dryers, dry cleaning machines, extractors or a part thereof or possesses a drawing, print or mold of a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or coin operated services including but not limited to washers, dryers, drycleaning machines and extractors or any other mechanical device, or other mechanical device, designed or commonly used for breaking into any vault, safe, railroad car, boat, vessel, motor vehicle, aircraft, warehouse, store, shop, office, dwelling house, or door, shutter or window of a building of any kind, with the intent to use such tools or instruments for any of the felonious purposes aforesaid, is guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1000), or undergo imprisonment, by separate or solitary confinement, for a period of not more than three (3) years, or both. (904 amended June 30, 1972, P.L.502, No.161 and Dec. 28, 1972, P.L.1648, No.348) Compiler's Note: Section 904 was also repealed December 6, Construction Act. See 18 Pa.C.S. 907 and the note following the constitutional title of this act. Section 921. Obstructing Tracks, etc. during Strike.-- Whoever, in aid or furtherance of the objects of any strike, obstructs any railroad track or injures or destroys the rolling stock of any other property of any railroad company, or takes

possession of or removes any such property, or prevents or attempts to prevent the use thereof by such railroad company or its employes, is guilty of a summary offense, and upon conviction thereof, shall be sentenced to pay a fine of one hundred dollars ($100). (921 amended Oct. 18, 1972, P.L.971, No.237) Compiler's Note: Section 921 was also repealed December 6, Construction Act. See the note following the constitutional title of this act. Section 1110. Crime With Minor Under Eighteen as Accomplices, Principal or Accessory.--Whoever, being of the age of eighteen (18) years and upwards, after having been convicted of the crime or attempt to commit the crime of treason, murder, voluntary manslaughter, sodomy, burglary, entering with intent to steal, larceny, rape, robbery, arson, mayhem, kidnapping, sale of narcotics, perjury, abortion, pandering, incest, or any offense committed or attempted to be committed through the instrumentality of or with the aid of a deadly weapon or gunpowder or other explosive substances or corrosive fluid, wherein a minor child under the age of eighteen (18) years is involved as a principal or as an accomplice or as accessory before or after the fact or as an associate, may, upon conviction of any of the aforementioned crimes, be sentenced to imprisonment for a term, the maximum of which shall not be more than twice the longest term otherwise prescribed by law upon a conviction of the crime in question. In all proceedings under the provisions of this section, knowledge of the minor's age shall be presumed in the absence of proof of the contrary. (1110 amended June 16, 1972, P.L.421, No.122)