(a) Offenses defined.--A person commits the offense of institutional vandalism if he knowingly desecrates, as defined in section 5509 (relating to desecration or sale of venerated objects), vandalizes, defaces or otherwise damages:

(1) any church, synagogue or other facility or place used for religious worship or other religious purposes;

(2) any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;

(3) any school, educational facility, community center, municipal building, courthouse facility, State or local government building or vehicle or juvenile detention center;

(4) the grounds adjacent to and owned or occupied by any facility set forth in paragraph (1), (2) or (3); or

(5) any personal property located in any facility set forth in this subsection.

(a.1) Illegal possession.--A person commits the offense of institutional vandalism if, with intent to violate subsection (a), the person carries an aerosol spray-paint can, broad-tipped indelible marker or similar marking device onto property identified in subsection (a).

(b) Grading.--An offense under this section is a felony of the third degree if the act is one of desecration as defined in section 5509 or if the actor causes pecuniary loss in excess of $5,000. Pecuniary loss includes the cost of repair or replacement of the property affected. Otherwise, institutional vandalism is a misdemeanor of the second degree.

(June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 20, 1983, P.L.291, No.78, eff. imd.; Oct. 3, 1988, P.L.734, No.103, eff. 60 days; Apr. 21, 1994, P.L.130, No.16, eff. 60 days; Oct. 2, 2002, P.L.806, No.116, eff. imd.)

2002 Amendment. Act 116 amended subsec. (a).

1994 Amendment. Act 16 added subsec. (a.1). See the preamble to Act 16 of 1994 in the appendix to this title for special provisions relating to legislative findings and declarations.

Special Provisions in Appendix. See section 2 of Act 154 of 1982 in the appendix to this title for special provisions relating to right of action for injunction, damages or other relief.

Cross References. Section 3307 is referred to in sections 2710, 3311 of this title; sections 8309, 9720 of Title 42 (Judiciary and Judicial Procedure).