Pennsylvania Act 2010-12 — CRIMES CODE (18 PA.C.S.) - IMPERSONATING THE HOLDER OF A PROFESSIONAL OR OCCUPATIONAL LICENSE

Act text

Session of 2010

No. 2010-12

HB 416

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, defining "licensing board" and "professional or occupational license"; and defining the offense of impersonating the holder of a professional or occupational license.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 4501 of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding definitions to read:

§ 4501. Definitions.

Subject to additional definitions contained in subsequent provisions of this article which are applicable to specific chapters or other provisions of this article, the following words and phrases, when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

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" Licensing board. " Any of the following:

(1) A board or commission:

(i) which is empowered to license, certify or register individuals as members of an occupation or profession; and

(ii) of which the Commissioner of Professional and Occupational Affairs is a member.

(2) The State Board of Certified Real Estate Appraisers.

(3) The Navigation Commission for the Delaware River and its navigable tributaries.

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" Professional or occupational license. " An authorization by a licensing board to practice a profession or occupation.

(1) The term includes:

(i) an authorization that is suspended, retired, inactive or expired; and

(ii) a temporary practice permit, license, certification or registration.

(2) The term does not include an authorization that has been revoked or voluntarily surrendered.

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Section 2. Section 4913 of Title 18 is amended to read:

§ 4913. Impersonating a notary public or a holder of a professional or occupational license .

(a) Offense defined.-- A person commits [a misdemeanor of the first degree] an offense if the person does any of the following :

(1) falsely pretends to hold the office of notary public within this Commonwealth or to hold a professional or occupational license issued by a licensing board ; and

(2) performs any action in furtherance of this false pretense.

(b) Grading.--

(1) Except as set forth in paragraph (2), an offense under this section is a misdemeanor of the second degree.

(2) If the intent of the actor is to harm, defraud or injure anyone, an offense under this section is a misdemeanor of the first degree .

Section 3. This act shall take effect in 60 days.

APPROVED--The 22nd day of March, A.D. 2010.

EDWARD G. RENDELL