PA_2010_1st_Burglary

PA Laws 2010 - January
__**Burglary & Other Criminal Intrusion**__

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(a) Offense defined: A person is guilty if he or she enters an occupied structure such as a building or house, a place that is separately secure, or a portion of the building is occupied to commit a crime within the premises. The person is not guilty if the building is open to the public or they are licensed to enter.======

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(d) Mulitiple Convictions- A person can not be convicted of both burglary and the offense he intended to commit after illegally entering or the attempt to commit that said offense, unless the second offense is a first or second degree felony.======

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(2) An offense that is under paragraph 1(i) is a felony to the third degree ($15,000 and serve up to 7 years) and a felony offense to the second degree ($25,000 and serve up to 10 years) under paragraph 1(ii)======

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(2) Except as listed in paragraph (1)(v), an offense under this category by a misdemeanor of the third degree($2,500 and serve up 1 year), if the offender/intruder challenges the order to exit, and was personally talked to by the owner or authorized person of the area/ premises. An offense under paragraph (1)(v), form a misdemeanor of the first degree($10,000 and up to 5 years). If not, then it is a summary offense. ( $300 and up to 90 days)======

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(i) enters or stays on any agricultural or open lands, when the lands are posted by law prohibited and visible, when they are closed in a manor to exclude trespassers or keep domestic animals enclosed: or======

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(i) a crime under paragraph 1(i) is graded as a misdemeanor of the third degree and is punishable by a prison sentence of no longer then 1 year and a fine no less then 250 dollars(ii) a crime under paragraph 1(ii) is graded as a misdemeanor of the second degree and is punishable by a prison sentence of no longer then 2 years and a fine between 500-5,000 dollars======

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(3) "Agricultural or other open lands" is used to define and where agricultural activities are taken place, as well as, forest or other lands with tress that can produce timber, and lands in an agricultural protected society as definied by the Agricultural Security Law======

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Definition- When used in this section, "school grounds" means any grounds (elementry or secondary) publically funded educational institution, any (elementry or secondary) private school. Any school certified by the Department of Education and any certified day-care.======



**3504-Railroad protection, vandalism, and interference with transportation facilities**
(a) damage or delay to railroad (1) An offense is committed if someone causes damage to any property of the railroaads or delays the railroad operations without the railroad carrier's consent, but isn't limited to: (i) delaying or preventing the operation of any facility of transportation on purpose. (ii) operating any recreational or non-recreational vehicle. (iii) purposefully damaging property, infrastructure or equipment or using railroad property to commit another crime on an adjoined property. (2) An offense under this subsection constitutes a misdemeanor of the third degree. (b) Stowaways prohibited.--- (1) An offense is committed if anyone hides away on any locomotive vehicle without authority or the railroad carrier's consent. (2) An offense under this subsection constitutes a misdemeanor of the third degree. (c) Definitions.---As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Railroad." Any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to:

(1) any short-haul railroad passenger service in a city or suburban area.

(2) high-speed ground transportation that connects city areas, but no rapid transit not connected to a general railroad system of transportation. "Railroad carrier." A person, including, but not limited to, an owner or operator, providing railroad transportation. "Railroad Carrier's consent." Written or other affirmative communication of permission to be on railroad property. Consent shall not be implied. "Railroad property." All tangible property owned, leased or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, or any other structure, appurtenance or equipment owned, leased or used in the operation of ay railroad carrier, including a train, locomotive, engine, railroad car, work equipment, rolling stock or safety device. The term does not include a railroad.

//__**Local Story**__//


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In Manheim Township to men Grant E. Eisenhauer, 20 from Mechanicsburg, and Andrew V. Pierson, 21 from Etters are facing charges for buglary, criminal conspiracy, and theft for their supposed help in home buglary.======

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A homeowner on the 1800 block of North Eden Road had arrived home to discover a rear door of their house violently opened and their house rummaged through. Police told reporters that electronics, cash and prescription medicine had been take.On December 15 of Camp Hill police officer stopped a vehicle with the alleged criminals in it. Items stolen from the North Eden Road home were found in the car, leading the two men to confess to the burglary crime. They are now in York County Prison on unrelated charges.======

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A homeless man was searching for shelter and finally comes across an abandoned building. After going inside he becomes cold due the fridged weather conditions and decides to start a fire. Soon enough the homeless man falls asleep, and when he awakens he discovers his fire has spread, engulfing the building in flames. When the police arrive he tells them what happened, though they do not believe him. He is now awaiting a trial in jail. What should his conviction be?======


 * __//HOT Questions//__**

1. Compare and contrast burglary and criminal trespass.  2. Evaluate the punishments each crime is given. Is it appropriate for that particular crime, keeping in mind the punishment must fit the crime.