(a) Offense defined.--A person commits an offense if, while engaging in an act prohibited under section 5104 (relating to resisting arrest or other law enforcement), 5104.1 (relating to disarming law enforcement officer) or 5104.2 (relating to evading arrest or detention on foot) or 75 Pa.C.S. ยง 3733 (relating to fleeing or attempting to elude police officer), the person harms a police animal as defined in section 5531 (relating to definitions).
(b) Grading.--An offense under this section is:
(1) A felony of the third degree if the police animal suffers death or serious bodily injury.
(2) A misdemeanor of the second degree if the police animal suffers bodily injury.
(c) Restitution.--In a case in which a defendant is convicted of a violation under subsection (a), the defendant shall be ordered to make restitution to the agency or individual owning the animal for veterinary bills, for replacement costs of the animal if it is disabled or killed and for the salary of the animal's handler for the period of time the handler's services are lost to the agency.
(July 18, 2022, P.L.1620, No.95, eff. 60 days)
2022 Amendment. Act 95 added section 5104.3.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 51 - Obstructing Governmental Operations
Section 5101 - Obstructing administration of law or other governmental function
Section 5102 - Obstructing or impeding the administration of justice by picketing, etc
Section 5103 - Unlawfully listening into deliberations of jury
Section 5103.1 - Unlawful use of an audio or video device in court
Section 5104 - Resisting arrest or other law enforcement
Section 5104.1 - Disarming law enforcement officer
Section 5104.2 - Evading arrest or detention on foot
Section 5104.3 - Harming a police animal while evading arrest or detention
Section 5105 - Hindering apprehension or prosecution
Section 5106 - Failure to report injuries by firearm or criminal act
Section 5107 - Aiding consummation of crime
Section 5110 - Contempt of General Assembly
Section 5111 - Dealing in proceeds of unlawful activities
Section 5112 - Obstructing emergency services
Section 5122 - Weapons or implements for escape
Section 5124 - Default in required appearance
Section 5125 - Absconding witness
Section 5126 - Flight to avoid apprehension, trial or punishment