Chapter 49: Falsification and Intimidation

Question 1

• in any official proceeding:
• makes a false statement under oath, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true

Answer 1

4902: Perjury

F.3

Question 2

-knowingly causes a false alarm of fire, or other emergency to be transmitted to, or within, any organization for dealing w/ emergencies to life/property

Answer 2

4905: False alarms to agencies of public safety

M.1

F.3= if made during a declared state of emergency, AND causes resources to be diverted from “state of emergency” activites

Question 3

• falsely pretends to hold the office of notary public, OR
• falsely pretends to hold a professional/occupational license issued by a licensing board; AND
• performs any action in futherance of this false pretense

Answer 3

4913: Impersonating notary public or holder of professional license

M.2

M.1= intent to harm, defraud, injure anyone

Question 4

• falsely pretends to hold a position in the public service
• w/ intent to induce another to submit to such pretended official authority, or otherwise to act in reliance upon that pretense

Answer 4

4912: Impersonating a public servant

M.2

Question 5

-knowingly gives false information to any law enforcement officer with intent to implicate another

Answer 5

4906(a): False Resports to Law Enforcement Authorities (Falsely Incriminating Another)

M.2

**if occurs during a declared “state of emergency” and causes law enforcement to divert from “state of emergency” activities, graded one degree HIGHER

**false report of the theft or loss of a firearm, graded one-degree HIGHER

Question 6

• believing that an official proceeding/investigation is pending:
• alters, destroys, conceals, or removes any record, document, or thing w/ intent to impair its verity/availability
• makes, presents, uses any record, document, or thing knowing that its false w/ intent to mislead a public servant

Answer 6

4910: Tampering w/ or fabricating Physical Evidence

M.2

Question 7

• furnishes law enforcement w/ false information about his identity
• after being informed by a LEO that he is the subject of an official investigation

Answer 7

4914: False Identification to Law Enforcement

M.3

Question 11

• makes a false statement under oath or equivalent affirmation, or swears/affirms the truth of such a statement previously made, when he does not believe the statement to be true
• if the statement is one which is required by law to be sworn/affirmed before a notary or other person authorized to administer oaths

Answer 11

4903(b): False Swearing (other false swearing)

M.3

Question 12

• makes a written false statement which he does not believe to be true
• on or pursuant to a form bearing notice to the effect that false statements made therein are punishable.

Answer 12

4904(b): Unsworn Falsification to Authorities (Statements “Under Penalty”)

M.3

**additional penalty: $1,000 fine

Question 13

• makes a false statement under oath or equivalent affirmation, or swears/affirms the truth of such a statement previously made, when he does not believe the statement to be true AND:
• (1) the falsification occurs in an official proceeding; OR
• (2) the falsification is intended to mislead a public servant in performing his official function.

Answer 13

4903(a): False Swearing (false swearing in official matters)

M.2

Question 31

• reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; OR
• pretends to furnish such authorities with information relating to an offense or incident when he knows he has no information relating to such

Answer 31

4906(b): False Reports to Law Enforcement Authorities (Ficticious Reports)

M.3

**if made during declared state of emergency, and causes law enofrcement to divert from “state of emergency” activities, graded as one degree HIGHER

**if relates to a false report of the theft or loss of a firearm, greaded as one degree HIGHER

Question 47

• with intent to mislead a public servant in performing his official function, he:
• (1) makes any written false statement which he does not believe to be true
• (2) submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
• (3) submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false.

Answer 47

4904(a): Unsworn Falsification to Authorities

M.2

**additional penalty: $1,000 fine

Question 56

• (1) knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government;
• (2) makes, presents or uses any record, document or thing knowing it to be false, and with intent that it be taken as a genuine part of information or records referred to in paragraph (1) of this subsection; or
• (3) intentionally and unlawfully destroys, conceals, removes or otherwise impairs the verity or availability of any such record, document or thing.

Answer 56

4911: Tampering w/ Public Records or Information

M.2

F.3= if intent was to defraud or injure

Question 57

Individual subject to registration under 42 Pa. C.S. 9795 (registration of certian offenders) fails to:

1. Register w/ PSP as required
2. Verify his residence or be photographed as required
3. Provide accurate information when registering

Answer 57

Offernders Required to Register for 15 years:

• violation of (1) or (2)= F.3
• violation of (1) or (2) w/ previous conviction violating (1) or (2)= F.2
• violation of (3)= F.2

Offenders Required to Register for 25yrs/Life:

• violation of (1) or (2)= F.2
• violation of (1) or (2) w/ previous conviction violating (1) or (2)= F.1
• violation of (3)= F.1

Failing to comply with a “counseling requirement”= M.1

***arrest w/o warrant is permitted based upon P.C.

Question 58

Intent to obstruct, impede, impair, prevent, or interfere with the administration of criminal justice, he intimidates/attempts to intimidate any witness/victim

Answer 58

4952: Intimidation of Witness/Victim

M.2

IF:

• Force, Violence or Deception (threat of)
• Offers any pecuniary benefit
• Actor acts in furtherance of a conspiracy
• Actor has a prior conviction for Witness Intimidation

F.1= if the most serious crime he sought to intimidate was an F1

F.2= if the most serious crime he sought to intimidate was an F2

F.3= all other crimes where the above applies

Question 59

Harms another by any unlawful act or engages in a course of conduct or repeatedly commits acts which threaten another in retaliation for anything lawfully done, in the capacity of a witness, victim, or party in a civil matter

Answer 59

4953: Retaliation against witness

M.2

F.3= if force, violence, or deception; any acts in furtherence of a conspiracy; any pecuniary benefit is offered; any prior convicion for violating this section

Question 60

Harms or attempts to harm another, or the tangible property of another by any unlawful act in retaliation for anything lawfully do done in the official capacity of a prosecutor or judicial official

Answer 60

4953.1= Retaliation against prosecutor or judicial official

M.1

F.2=

• Force, violence, or deception (threat of)
• Conduct in furtherance of a conspiracy
• Solicits another or accepts any pecuniary interest
• Prior conviction under this satute
• Causes property damage in excess of $1,000

Question 61

An employer shall not deprive an employee of his employment, seniority, or benefits because the employee attends court by reason of being a witness or victim

Answer 61

4957: Protection of employment of crime victims, family members, and witnesses

S

**Plus civil remidies

Question 62

-solicits, accepts, or agrees to accept any benefit in consideration of doing anything specified in 4952(a)(1)-(6)

Answer 62

4909: Witness/Informant Taking Bribe

F.3