§ 4953.1. Retaliation against prosecutor or judicial official.

408 words·~2 min read·/pa/title-18/chapter-49/4953-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Offense defined.-- A person commits an offense if he harms or attempts to harm another or the tangible property of another by any unlawful act in retaliation for anything lawfully done in the official capacity of a prosecutor or judicial official.

(b)Grading.-- The offense is a felony of the second degree if:

(1)The actor employs force, violence or deception or attempts or threatens to employ force, violence or deception upon the prosecutor or judicial official or, with the requisite intent or knowledge, upon any other person.

(2)The actor's conduct is in furtherance of a conspiracy to retaliate against a prosecutor or judicial official.

(3)The actor solicits another to or accepts or agrees to accept any pecuniary or other benefit to retaliate against a prosecutor or judicial official.

(4)The actor has suffered any prior conviction for any violation of this title or any predecessor law hereto or has been convicted under any Federal statute or statute of any other state of an act which would be a violation of this title if committed in this Commonwealth.

(5)The actor causes property damage or loss in excess of $1,000.

Otherwise, the offense is a misdemeanor of the first degree.

(c)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Judicial official." Any person who is a:

(1)judge of the court of common pleas;

(2)judge of the Commonwealth Court;

(3)judge of the Superior Court;

(4)justice of the Supreme Court;

(5)magisterial district judge;

(6)judge of the Pittsburgh Magistrate's Court;

(7)judge of the Philadelphia Municipal Court;

(8)judge of the Traffic Court of Philadelphia; or

(9)master appointed by a judge of a court of common pleas.

"Prosecutor." Any person who is:

(1)an Attorney General;

(2)a deputy attorney general;

(3)a district attorney; or

(4)an assistant district attorney.

18c4953.1v

(Dec. 21, 1998, P.L.1245, No.159, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (c). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

1998 Amendment. Act 159 added section 4953.1.

References in Text. The Traffic Court of Philadelphia, referred to in the def. of "judicial official" in subsec. (c), was abolished by Joint Resolution No.2 of 2016.

18c4954s