Pennsylvania Act 1939-375 — "PENAL CODE, THE" - REPEALED

Act text

"PENAL CODE, THE" - REPEALED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            repealed the Penal Code of 1939, provided in section 4: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            Statutory Construction Act of 1937 was repealed December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        Compiler's Note:  Section 1110 was also repealed December 6,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the section. However, it appears that
            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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the 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 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, 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 the section may still be
            effective, in whole or in part, to give effect to the
            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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the 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 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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the 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 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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the 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 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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the section. However, it appears that
            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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the section. However, it appears that
            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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the section. However, it appears that
            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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the section. However, it appears that
            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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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 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 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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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)

        Compiler's Note:  See the note following section 806.1 of
            this act which indicates that the above section may no
            longer be in effect.
        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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the 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 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,
            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 the section may still be
            effective, in whole or in part, to give effect to the
            1972 amendment to the 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 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)