2010 Pennsylvania Code :: Title 18 - CRIMES AND OFFENSES :: Chapter 41 - Forgery and Fraudulent Practices :: :: 4107 - Deceptive or fraudulent business practices. (2023)

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 § 4107. Deceptive or fraudulent business practices. (a) Offense defined.--A person commits an offense if, in the course of business, the person: (1) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; (2) sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; (3) takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; (4) sells, offers or exposes for sale adulterated or mislabeled commodities. As used in this paragraph, the term "adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage. As used in this paragraph, the term "mislabeled" means varying from the standard of trust or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; (5) makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services; (6) makes or induces others to rely on a false or misleading written statement for the purpose of obtaining property or credit; (7) makes or induces others to rely on a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities; (8) makes or induces others to rely on a false or misleading material statement to induce an investor to invest in a business venture. The offense is complete when any false or misleading material statement is communicated to an investor regardless of whether any investment is made. For purposes of grading, the "amount involved" is the amount or value of the investment solicited or paid, whichever is greater. As used in this paragraph, the following words and phrases shall mean: "Amount" as used in the definition of "material statement" includes currency values and comparative expressions of value, including, but not limited to, percentages or multiples. "Business venture" means any venture represented to an investor as one where he may receive compensation either from the sale of a product, from the investment of other investors or from any other commercial enterprise. "Compensation" means anything of value received or to be received by an investor. "Invest" means to pay, give or lend money, property, service or other thing of value for the opportunity to receive compensation. The term also includes payment for the purchase of a product. "Investment" means the money, property, service or other thing of value paid or given, or to be paid or given, for the opportunity to receive compensation. "Investor" means any natural person, partnership, corporation, limited liability company, business trust, other association, government entity, estate, trust, foundation or other entity solicited to invest in a business venture, regardless of whether any investment is made. "Material statement" means a statement about any matter which could affect an investor's decision to invest in a business venture, including, but not limited to, statements about: (i) the existence, value, availability or marketability of a product; (ii) the number of former or current investors, the amount of their investments or the amount of their former or current compensation; (iii) the available pool or number of prospective investors, including those who have not yet been solicited and those who already have been solicited but have not yet made an investment; (iv) representations of future compensation to be received by investors or prospective investors; or (v) the source of former, current or future compensation paid or to be paid to investors or prospective investors. "Product" means a good, a service or other tangible or intangible property of any kind; (9) obtains or attempts to obtain property of another by false or misleading representations made through communications conducted in whole or in part by telephone involving the following: (i) express or implied claims that the person contacted has won or is about to win a prize; (ii) express or implied claims that the person contacted may be able to recover any losses suffered in connection with a prize promotion; or (iii) express or implied claims regarding the value of goods or services offered in connection with a prize or a prize promotion. As used in this paragraph, the term "prize" means anything of value offered or purportedly offered. The term "prize promotion" means an oral or written express or implied representation that a person has won, has been selected to receive or may be eligible to receive a prize or purported prize; (10) knowingly makes a false or misleading statement in a privacy policy, published on the Internet or otherwise distributed or published, regarding the use of personal information submitted by members of the public; or (11) does either of the following when the person is in a client relationship with a certified public accountant, public accountant or public accounting firm: (i) provides false or misleading information to the certified public accountant, public accountant or public accounting firm in connection with performance of an attestation function for the client which results in an attestation by the certified public accountant, public accountant or public accounting firm of a materially misleading financial statement, audit, review or other document; or (ii) fails to provide information to the certified public accountant, public accountant or public accounting firm which the person knows is material to the performance of an attestation function and which results in an attestation by the certified public accountant, public accountant or public accounting firm of a materially misleading financial statement, audit, review or other document. (a.1) Grading of offenses.-- (1) A violation of this section, except for subsection (a)(10), constitutes: (i) a felony of the third degree if the amount involved exceeds $2,000; (ii) a misdemeanor of the first degree if the amount involved is $200 or more but $2,000 or less; (iii) a misdemeanor of the second degree if the amount involved is less than $200; or (iv) when the amount involved cannot be satisfactorily ascertained, the offense constitutes a misdemeanor of the second degree. (2) Amounts involved in deceptive or fraudulent business practices pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense. (3) Where a person commits an offense under subsection (a) and the victim of the offense is 60 years of age or older, the grading of the offense shall be one grade higher than specified in paragraph (1). (4) An offense under subsection (a)(10) shall be a summmary offense and shall be punishable by a fine not less than $50 and not to exceed $500. (a.2) Jurisdiction.-- (1) The district attorneys of the several counties shall have the authority to investigate and to institute criminal proceedings for any violation of this section. (2) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of such violations involving more than one county of this Commonwealth or involving any county of this Commonwealth and another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge. (b) Defenses.--It is a defense to prosecution under this section if the defendant proves by a preponderance of the evidence that his conduct was not knowingly or recklessly deceptive. (c) Exceptions.--Subsection (a)(10) shall not apply to the activities of: (1) A financial institution as defined by section 509(3) of the Gramm-Leach-Bliley Act (Public Law 106-102, 15 U.S.C. § 6809(3)) or regulations adopted by agencies as designated by section 504(a) of the Gramm-Leach-Bliley Act (15 U.S.C. § 6804(a)) and subject to Title V of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.). (2) A covered entity as defined by regulations promulgated at 45 CFR Pts. 160 (relating to general administration requirements) and 164 (relating to security and privacy) pursuant to Subtitle F of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104- 191, 42 U.S.C. § 1320d et seq.). (3) A licensee or person subject to 31 Pa. Code Ch. 146a (relating to privacy of consumer financial information) or 146b (relating to privacy of consumer health information). (Dec. 4, 1996, P.L.902, No.145, eff. 60 days; April 5, 2004, P.L.211, No.26, eff. 60 days; Nov. 30, 2004, P.L.1592, No.202, eff. 60 days; Dec. 8, 2004, P.L.1781, No.234, eff. 60 days) 2004 Amendments. Act 234 overlooked the amendment by Act 202, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 4107. Cross References. Section 4107 is referred to in section 5552 of Title 42 (Judiciary and Judicial Procedure).

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FAQs

What is the statute 18 4101 a2 in PA? ›

--A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor: (1) alters any writing of another without his authority; (2) makes, completes, executes, authenticates, issues or transfers any writing so that ...

What is the crime code 4111 in PA? ›

A person commits a misdemeanor of the second degree if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest or after levy has been made thereon with intent to hinder enforcement of such interest. § 4111.

What is forgery in PA Title 18? ›

Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations. Otherwise forgery is a misdemeanor of the first degree.

What is the crime code for fraudulent checks in PA? ›

Section 4105 - Title 18 - CRIMES AND OFFENSES. § 4105. Bad checks. (1) A person commits an offense if he issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

What is the penalty for forgery in PA? ›

Upon conviction, a defendant will be sentenced to a seven year imprisonment sentence and/or a fine of up to $15,000. All other instances of forgery will be charged as a first degree misdemeanor, punishable by up to five years in prison and/or a fine of $10,000.

What is the punishment for M2 in PA? ›

Second-Degree Misdemeanor

A conviction for a misdemeanor in the 2nd degree in Pennsylvania includes from 1 to 2 years in prison and a fine of up to $5,000. This may include crimes such as: Bigamy.

What is pa crimes code 4104? ›

--A person commits a misdemeanor of the first degree if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, or distinguishing mark or brand or other identification with intent to deceive or injure anyone or to conceal any wrongdoing.

What is the crime code 4114 in PA? ›

§ 4114. Securing execution of documents by deception.

A person commits a misdemeanor of the second degree if by deception he causes another to execute any instrument affecting or purporting to affect or likely to affect the pecuniary interest of any person.

What is a Class 2 felony in Pennsylvania? ›

Examples of second-degree felonies in Pennsylvania include: Statutory sexual assault (when the alleged victim is under 16 years old, and you are four years older but less than eight years older; OR you are eight years older than the victim, but less than 11 years older)

What is Title 18 tampering with evidence in PA? ›

Section 4910 - Title 18 - CRIMES AND OFFENSES. § 4910. Tampering with or fabricating physical evidence. (2) makes, presents or uses any record, document or thing knowing it to be false and with intent to mislead a public servant who is or may be engaged in such proceeding or investigation.

What are the elements of forgery in PA? ›

In Pennsylvania, a person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he or she is facilitating a fraud or injury to be perpetrated by another person, the actor: alters any writing of another without that person's authority.

What is the statute of limitations for Title 18 in PA? ›

1) Major sexual offenses. --Except as provided in section 5551(7) (relating to no limitation applicable), a prosecution for any of the following offenses under Title 18 must be commenced within 12 years after it is committed: Section 3121 (relating to rape). Section 3122.1 (relating to statutory sexual assault).

What are the red flags for fraudulent checks? ›

Red flags for mail-related check fraud

Non-characteristic, sudden, abnormal deposit of checks, often electronically, followed by rapid withdrawal or transfer of funds. Examination of suspect checks reveals faded handwriting underneath darker handwriting, making the original writing appear overwritten.

How much does a bad check have to be to be a felony in PA? ›

First degree misdemeanor: If the check is $1,000 or more but less than $75,000. A defendant can be sentenced to up to five years in prison and a fine of $5,000. Third degree felony: If the check is $75,000 or more, of if it is a defendant's third or subsequent offense within a five-year period.

What is an example of a fraudulent check? ›

The buyer “mistakenly” sends a check for more than is expected and asks the victim to return the extra cash. Weeks later, the financial institution discovers the check was fraudulent and you have to pay for the whole amount.

How long is a sentence for forgery? ›

Penalties for Forgery

The maximum sentence for the misdemeanor is one year of jail. Felony forgery carries a maximum of three years in jail. The exception to this rule is a forged document such as a check or money order which is an instrument to these crimes.

Is forgery a felony in PA? ›

Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations. Otherwise forgery is a misdemeanor of the first degree.

What is the statute of limitations for forgery in PA? ›

The statute of limitations on forgery cases is 5 years, however, if you are convicted of forgery the punishments for committing this crime in the state of Pennsylvania are determined by the level of offense with which you have been convicted.

What is a grade M2 charge in PA? ›

Most simple assaults are classified as a second degree misdemeanor in Pennsylvania. An M2 for simple assault is punishable by up to 2 years in prison. In cases where the simple assault results from a mutual fight, it will be a third degree misdemeanor –or M3, punishable by up to one year in prison.

Can you get probation for a felony 3 in PA? ›

Maximum Sentences

§1101 et seq. **For example, if an offender is convicted of a Felony 3rd degree, the judge may not fashion a sentence of probation or incarceration that exceeds 7 years in length or $15,000 in fines.

What is a F3 charge in PA? ›

Felony, Third Degree (F3) Ungraded Felony. Misdemeanor, First Degree (M1) Misdemeanor, Second Degree (M2) Misdemeanor, Third Degree (M3)

What is the statute 18 4104 in PA? ›

§ 4104. Tampering with records or identification.

What is pa crimes code 4118? ›

A person commits a felony of the third degree if, with intent to deceive anyone or with knowledge that the person is facilitating a deception to be perpetrated by anyone concerning the true mileage of a motor vehicle, the person makes or causes to be made an application for a certificate of title for a motor vehicle ...

What is pa rules of criminal procedure 405? ›

Rule 405 - Methods of Proving Character (a)By Reputation. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation. Testimony about the witness's opinion as to the character or character trait of the person is not admissible.

What is crimes code 912 in PA? ›

--A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of ...

What is Rule 519 in PA crimes Code? ›

(1) Except as provided in paragraph (B), when a defendant has been arrested without a warrant in a court case, a complaint shall be filed against the defendant and the defendant shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay.

What is crimes code 3927 in PA? ›

§ 3927. Theft by failure to make required disposition of funds received. (a) Offense defined.

How long does a felony stay on your record in Pennsylvania? ›

Any felony or misdemeanor conviction can be expunged if there has been no criminal supervision in the preceding 10 years.

What is the penalty for a felony 3 in PA? ›

(8) For a felony of the third degree, a fine of not less than $2,500 nor exceeding $15,000, or imprisonment not exceeding seven years, or both. (9) For a felony of the second degree, a fine of not less than $5,000 nor more than $25,000, or imprisonment not exceeding ten years, or both.

What is the maximum sentence for a felony 3 in PA? ›

(4) A crime is a felony of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than seven years. (5) A crime declared to be a felony, without specification of degree, is of the third degree.

What is unlawful contact with a minor 18 pa cs 6318? ›

Under 18 Pa. Code § 6318, unlawful contact with a minor is any person who intentionally contacts a minor (or an undercover officer) with the purpose of engaging in: Any offense described in Chapter 31, Title 18 of the Pennsylvania Code (pertaining to sexual offenses) Open lewdness.

What is pa Title 18 false swearing? ›

--A person is guilty of perjury, a felony of the third degree, if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.

What is PA Title 18 intimidation of a witness? ›

(1) The offense is a felony of the degree indicated in paragraphs (2) through (4) if: (i) The actor employs force, violence or deception, or threatens to employ force or violence, upon the witness or victim or, with the requisite intent or knowledge upon any other person.

What are the 6 indicators of forgery? ›

Many simulations created with a model at hand will contain at least some of the general indicators of forgery, such as tremor, hesitation, pen lifts, blunt starts and stops, patching, and static pressure. They will have a slow “drawn” appearance.

What are 3 types of forgery? ›

Forgery is the creation of falsified material or the altering of any writing with the purpose of defrauding or cheating. There are four basic types of forgery: traced, simulation, freehand and lifted.

What are the 3 essential elements of forgery? ›

(falsity in the forgery context is a term of art that developed in the common law; the essential elements of the common law crime of forgery are (1) a false making of some instrument in writing; (2) a fraudulent intent; and (3) an instrument apparently capable of effecting a fraud; in addition to the common law ...

What is a violation of Title 18? ›

Summary: Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

What crimes have no statute of limitations in Pennsylvania? ›

Other crimes that have no time limit include:
  • Voluntary manslaughter.
  • Felony murder.
  • Vehicular homicide involving recklessness, hit-and-run, or gross negligence.
  • Conspiracy if murder results.
  • Solicitation if murder results.
  • Rape involving victims under 18.
  • Sex trafficking of victims under 18.

What is the maximum amount you can sue for in civil court in Pennsylvania? ›

You may file a suit with a district justice if you have a complaint against a person or business and wish to recover an amount of money totaling $12,000 or less. This is called a civil lawsuit. The $12,000 limit does not in-clude the court costs involved in the suit, or any interest that may be due on your claim.

What is a red flag on fraudulent financial reporting? ›

The most common warning signs include: Accounting anomalies, such as growing revenues without a corresponding growth in cash flows. Consistent sales growth while competitors are struggling. A significant surge in a company's performance within the final reporting period of a fiscal year.

What is the red flag in forensic audit? ›

RED Flag is a term used in forensic audit and it is an important tool for identifying potential risks, fraud and unethical activity. A forensic auditor will use RED Flag to identify potential problems. By studying the history of a company, the forensic auditor can compare the current activities against the past trends.

What amount do checks get flagged? ›

These procedures exist to help prevent money laundering, counterfeit deposits and similar financial crimes from occurring. By requiring banks to report deposits of $10,000 or more, the government can more easily keep track of monetary transactions.

What is the lowest felony in PA? ›

How Are Felonies Classified? The state of Pennsylvania classifies most felonies as first degree, second degree, or third degree. First degree felonies are the most serious and carry the most significant penalties, while third degree felonies are the least serious.

What are the felony levels in PA? ›

Pennsylvania laws recognize three classes of felonies as 1st-degree (F1), 2nd-degree (F2), and 3rd-degree (F3) while penalizing murder convictions under different statutes. Felony convictions can have a significant impact on your life. Along with a longer prison sentence, felonies carry many additional consequences.

What is considered a felony in PA? ›

In many cases, felony offenses involve significant bodily injury to others, but some drug, theft, and white-collar crimes are felonies in Pennsylvania. Some common examples of felony offenses include murder, rape, kidnapping, and several other types of criminal offenses.

Can someone steal a check and cash it? ›

How do thieves cash stolen checks? One common method that thieves use is working with household chemicals to erase the ink on a check they have stolen. They can then write in a new payee's name and amount and cash the check. Typically, they might do this at an ATM or a currency exchange.

What happens if someone writes a fraudulent check on my account? ›

Banks are generally required to reimburse customers for forged checks. However, based on individual circumstances, a bank can investigate to determine if the customer is entitled to a reimbursement. the customer's failure to exercise ordinary care substantially contributed to an alteration or forgery.

What happens if you have a fraudulent check? ›

The bank can close or freeze your account.

If you deposit a fake check, your bank can decide to freeze or even completely close your account. Review your bank deposit account agreement to see in what scenarios your bank can close your account.

What is PA statute 18 4952 a1? ›

--A person commits an offense if, with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, he intimidates or attempts to intimidate any witness or victim to: (1) Refrain from informing or reporting to any law enforcement ...

What is pa statute 18 4904 a1? ›

--A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function, he: (1) makes any written false statement which he does not believe to be true; (2) submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking ...

What is pa statute 18 4106 a1? ›

(1) An actor is presumed to know an access device is counterfeit, altered or incomplete if he has in his possession or under his control two or more counterfeit, altered or incomplete access devices.

What is Title 18 obstructing roadway in PA? ›

--A person, who, having no legal privilege to do so, intentionally or recklessly obstructs any highway, railroad track or public utility right-of-way, sidewalk, navigable waters, other public passage, whether alone or with others, commits a summary offense, or, in case he persists after warning by a law officer, a ...

What is PA Crimes Code Section 4952? ›

§ 4952. Intimidation of witnesses or victims.

What is 18 pa cs 4952 4953? ›

--A person commits an offense if he harms another by any unlawful act or engages in a course of conduct or repeatedly commits acts which threaten another in retaliation for anything lawfully done in the capacity of witness, victim or a party in a civil matter. (b) Grading.

What is Title 18 Section 5703 of the Pennsylvania Consolidated Statutes? ›

Section 5703 - Interception, disclosure or use of wire, electronic or oral communications, 18 Pa. C.S.

What is PA statute 18 4104? ›

§ 4104. Tampering with records or identification.

What is the pen code 4904? ›

Section 4904 - [Operative until 7/1/2024] Recommendation that appropriation be made for purpose of indemnifying claimant (a) If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to ...

What is pa first time offenders? ›

ARD is considered a diversionary or “first time offender” program, designed to divert first time offenders for different charges like DUI in PA, DUI of a Controlled Substance, PA Drug Charges, or other crimes from entering the criminal justice system.

What is the difference between PA code and statute? ›

The Pennsylvania Code is the Commonwealth's administrative code, and contains regulations created by Pennsylvania state agencies. Purdon's Pennsylvania Statutes is the Commonwealth's statutory code, and contains statutes passed by the Pennsylvania General Assembly.

What are the grades of charges in PA? ›

In Pennsylvania, all crimes are grading as a summary (S), misdemeanor (M), or a felony (F) offense.

Can you block your own driveway in PA? ›

No, you cannot legally block your own driveway, but if you can prove that you just blocked your own driveway, the police are unlikely to penalize you unless there is an emergency and your obstructing car is preventing an emergency vehicle from entering the area.

What does permitting violation of title mean in Pennsylvania? ›

75c1575s. § 1575. Permitting violation of title. (a) General rule. --No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven in violation of any of the provisions of this title.

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