18 Pa. Cons. Stat. § 4104

Tampering with records or identification.

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§ 4104. Tampering with records or identification.

(a) Writings.--A person commits a misdemeanor of the first degree if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, or distinguishing mark or brand or other identification with intent to deceive or injure anyone or to conceal any wrongdoing.

(b) Personal property.--A person commits a summary offense if he knowingly buys, sells or moves in commerce any personal property from which the manufacturer's name plate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed unless the alterations have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or under specific authorization and direction from the original manufacturer. Personal property as set forth in this subsection shall not include firearms, motor vehicles or insurance company salvage recoveries.

(c) Innocent alterations.--If property subject to the provisions of this section has had its identifying marks defaced or eliminated innocently and is in the possession of its rightful owner, the owner may, notwithstanding the provisions of subsection (a) or (b), dispose of the property by sale or otherwise if he delivers to the acquirer a notarized statement that the property was innocently altered and that the person disposing of it is its rightful owner.

(Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979)

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1985–2021 · leading case: Commonwealth v. Kuphal

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Commonwealth v. Kuphal (1985) pa · cites it 2× “…and added Subchapter G, 18 Pa.C.S. § 1381-1386 (providing for the Pennsylvania Commission on Sentencing); § 4 amended 18 Pa.C.S. § 4104 (tampering with records or identification); § 5 established interim guidelines for certain repeat offenses, see note 7, infra; § 6…”

In re Smith (1998) cjdpa · cites it 2× “§ 4911, Tampering with Public Records or Information, 18 Pa.C.S. § 4104, Forgery) 3 demonstrates that correlation is questionable at best.”

Apgar v. State Employes' Retirement System (1994) pacommwct “Accordingly, the order of the State Employes’ Retirement Board is affirmed.”

Com. v. Bronson, S. (2019) pasuperct · cites it 4× “00, that were the property of the Goodfield Convenient Stores d/b/a Cousin's Convenient Marts in violation of 18 Pa. C.S. §4104(a), Tampering With Records.”

Com. v. Kupershmidt, D. (2016) pasuperct · cites it 2× “Bail was initially granted by Magisterial District Judge Alan Cooper in the amount of $40,000.”

Bahnatka, M. v. Victory Brewing Co. (2020) pasuperct · cites it 2× “Doing so, Appellant says, -9- J-A13010-20 would have violated 18 Pa.C.S. § 4104(a)-Tampering with records or identification, and 18 Pa.”

Com. v. Bradley, Y. (2014) pasuperct · cites it 2× “Appellant was also convicted of tampering with records, as defined at 18 Pa.C.S. § 4104(a): § 4104. Tampering with records or identification (a) Writings.”

Com. v. Harris, R. (2016) pasuperct “18 Pa. C.S. § 4104; Com. v. Graves, 463 A.”

A. Turay, F.D. v. BPOA, State Board of Funeral Directors (2017) pacommwct “6 18 Pa. C.S. §4104(a). 2 Esquire, entered his appearance on behalf of Petitioner, which triggered all subsequent notices and pleadings regarding Petitioner’s case to be sent to counsel instead of Petitioner.”

Com. v. Hunter, D. (2017) pasuperct “§ 4904; 18 Pa.C.S. § 4104; and 18 Pa.C.S. § 4911, respectively.”

Com. v. Kuperschmidt, D. (2018) pasuperct “§ 4120(a), and numerous Counts of Criminal Attempt to Commit Tampering with Records or Identification (M-1) under 18 Pa.C.S. § 4104(a).[9] [Appellant's] convictions rested on his liability as an accomplice to his co -Defendant, Cowher.”

Com. v. Garcia, J. (2019) pasuperct “§ 4914(a); forgery, 18 Pa.C.S. § 4104(a)(2); and identity theft, 18 Pa.”

Show all 15 citing cases →

— 18 Pa. Cons. Stat. § 4104(a) — 7 cases

Com. v. Bronson, S. (2019) pasuperct “00, that were the property of the Goodfield Convenient Stores d/b/a Cousin's Convenient Marts in violation of 18 Pa. C.S. §4104(a), Tampering With Records.”

Com. v. Kupershmidt, D. (2016) pasuperct “Bail was initially granted by Magisterial District Judge Alan Cooper in the amount of $40,000.”

Bahnatka, M. v. Victory Brewing Co. (2020) pasuperct “Doing so, Appellant says, -9- J-A13010-20 would have violated 18 Pa.C.S. § 4104(a)-Tampering with records or identification, and 18 Pa.”

Com. v. Bradley, Y. (2014) pasuperct “Appellant was also convicted of tampering with records, as defined at 18 Pa.C.S. § 4104(a): § 4104. Tampering with records or identification (a) Writings.”

— 18 Pa. Cons. Stat. § 4104(a)(2) — 2 cases

Com. v. Garcia, J. (2019) pasuperct “§ 4914(a); forgery, 18 Pa.C.S. § 4104(a)(2); and identity theft, 18 Pa.”

Com. v. Saunders, A. (2021) pasuperct

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