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Article E

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  1. Article E offenses against public administration chapters 45 - 53

  2. chapter 45: general provisions 4501. definitions

  3. definitions • administrative proceeding: non-judicial hearing / record kept / applies to an individual • benefit: gain / advantage to a person’s welfare by another • government: state / local • harm: loss / injury / disadvantage • Official proceeding: hearing of record before: examiner / referee / commissioner

  4. definitions • party official: elected / appointed government job • pecuniary benefit: benefit in the form of: money / property / com-mercial interest & economic gain • public servant: officer / employee of government

  5. chapter 47 bribery & corrupt influence

  6. 4701. bribery in official & political matters • F-3 if he offers / confers / solicits / agrees to accept from another: • 1) pecuniary benefit for vote / opinion / decision as a public servant • 2) any benefit in a judicial / adminis-trative / legislative proceeding • 3) any benefit for violation of known legal duty

  7. 4702. threats and other improper influence in official / political matters • person commits an offense if: • 1) threatens public official / party official harm to influence his decision / vote • 2) threaten harm to influence decision in judicial / administrative hearing • 3) threaten harm to influence known duty

  8. 4702. (continued) M-2 generally F-3 if threats involved

  9. 4703. retaliation for past official action M-2 if harms another with unlawful act in retaliation for lawful activity conducted by public official

  10. chapter 49 falsification & intimidation

  11. 4901. perjury • M-3 if a person: • 1) false statement under oath during official proceeding • 2) swears / affirms the truth of a statement previously made when statement is material / he does not believe statement to be true

  12. perjury (continued) • materiality: falsifica-tion is material re-gardless of admissi-bility under rules of criminal procedure • retraction: allowed if done during course of proceeding • corroboration: needed to successfully prosecute for perjury

  13. 4903. false swearing • official matters: M-2 if: • false statement under oath / swears to previous statement made when known to be false / intended to mislead a public servant • other: M-3 if: same as above but is done before a notary / other person authorized to administer oaths

  14. 4904. unsworn falsification to authorities • M-2 if with intent to mislead a public servant a person: • 1) makes written false statement • 2) submits a writing he knows is false • 3) submits evidence known to be false • M-3 if falsifies an official form

  15. 4905. false alarms to agencies of public safety • person knowingly causes • 1) false alarm to fire / emergency crews • 2) danger to life / property • M-1 unless • F-3 if state of emergency declared

  16. 4906. false reports to law enforcement authorities • falsely incriminating person: M-2: • Knowingly gives law enforcement false info to incriminate another • fictitious reports: M-3: • 1) reports offense they know did not occur • 2) pretending to offer information when he knows he has no relevant information • declared state of emergency: both sec-tions upgraded one level

  17. 4909. witness or informant taking bribe F-3 if: solicits / accepts / agrees any benefit for violating 4952 (a)(1)-(6)

  18. 4910. tampering / fabricating physical evidence • M-2 if a person believes investi-gation / proceed-ing to commence: • 1) alters, destroys, conceals, removes physical evidence to impair its integrity

  19. 4910. (continued) 2) tries to mislead public servant by knowingly tries to fabricate evidence

  20. 4912. impersonating a public servant • M-2 if a person: • falsely pretends to hold a position as a public servant with intent to induce a person to obey

  21. 4914. false identification to law enforcement authorities • M-3 if a person: • 1) furnishing law enforcement authorities with false information about his identity • 2) law enforcement agent must identify himself

  22. subchapter b victim / witness intimidation

  23. 4951. definitions • victim: person a-gainst who a crime was committed / attempted • witness: person having knowledge of existence / non-existence of crime / subpoenaed / gave oral / written testimony

  24. 4952. intimidation of witnesses or victims • if with intent to obstruct / impede / impair / prevent / interfere with administration of criminal justice: • 1) failure to report information of a crime • 2) giving false / misleading info relating to a crime • 3) withholding evidence of a crime • 4) giving false testimony / fail to testify • 5) elude request to appear • 6) absent himself from proceeding

  25. 4952. (continued) • grading: felony level if: • 1) actor employs force / violence / deception / threat of • 2) actor offers pecuniary gain • 3) actor’s conduct furthers conspiracy • 4) actor accepts pecuniary gain to intimidate witness / victim • 5) actor has prior conviction for this section

  26. 4952. (continued) • F-1 if: charged crime an F-1 or murder 1 or 2 • F-2 if: most seri-ous crime an F-2 • F-3 if: actor sought to inti-midate witness / victim • M-2 otherwise

  27. 4953. retaliation against witness, victim, party • actor commits an offense if: • 1) harms another by unlawful act • 2) engage in con-duct threatening retaliation for any-thing lawfully done • F-3 if: violates 4952 • Otherwise: M-2

  28. 4953.1. retaliation against prosecutor / judicial official • person commits an offense if: • harms / attempts to harm with an unlawful act to a prosecutor / judicial official • F-2 if: • 1) uses force / threatens force • 2) furthering a conspiracy • 3) actor accepts pecuniary / other benefit to retaliate • 4) actor has prior conviction under this section • 5) causes property damage in excess of $1000 • M-2: otherwise

  29. judicial official 1) common pleas judge 2) judge of com-monwealth court 3) judge of super-ior court 4) supreme court justice 5) district justice prosecutor 1) attorney general 2) assistant attorney general 3) district attorney 4) assistant dis-trict attorney 4953.1 (continued)