Financial Crimes

“Access device.” Any card, including, but not limited to, a credit card, a debit card, an automated teller machine card, a plate, a code, an account number, a personal identification number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or anything else of value or that can be used to transfer funds.

“Altered access device.” A validly issued access device which, after the issue, is changed in any way.

“Conceal.” To conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.

“Conducts.” Includes initiating, concluding, or participating in initiating or concluding a transaction.

“Counterfeit access device.” An access device not issued by an issuer in the ordinary course of business.

“Device holder.” The person or organization named on the access device to whom or for whose benefit the access device is issued by an issuer.

“Document.” Any writing, including, but not limited to, a birth certificate, a Social Security card, a driver's license, a nondriver government-issued identification card, a baptismal certificate, an access device card, an employee identification card, a school identification card, or other identifying information recorded by any other method, including, but not limited to, information stored on any computer, computer disc, computer printout, computer system, or part thereof, or by any other mechanical or electronic means.

“Financial institution.” Any of the following: An insured bank; a commercial bank or trust company; a private banker; an agency or bank of a foreign bank in this Commonwealth; a thrift institution; a broker or dealer registered with the Securities and Exchange Commission; a broker or dealer in securities or commodities; an investment banker or investment company; a currency exchange; an insurer, redeemer, or cashier of travelers' checks, checks, money orders, or similar instruments; an operator of a credit card system; an insurance company; a dealer in precious metals, stones or jewels; a pawnbroker; a loan or finance company; a travel agency; a licensed sender of money; a telegraph company; an agency of the Federal Government, or a state or local government; another business or agency carrying out a similar, related, or substitute duty or power which the United States Secretary of the Treasury prescribes.

“Financial transaction.” A transaction involving the movement of funds by wire or other means or involving one or more monetary instruments. The term includes any exchange of stolen or illegally obtained property for financial compensation or personal gain.

“Full retail value.” The merchant's stated or advertised price of the merchandise.

“Identifying information.” Any document, photographic, pictorial or computer image of another person, or any fact used to establish identity, including, but not limited to, a name, a birth date, a Social Security number, a driver's license number, a nondriver governmental identification number, a telephone number, a checking account number, a savings account number, a student identification number, an employee or payroll number, or an electronic signature.

“Incomplete access device.” An access device that does not contain all of the printed, embossed, encoded, stamped, or other, matter which an issuer requires to appear on a validly issued access device.

“Insurance policy.” A document setting forth the terms and conditions of a contract of insurance or agreement for the coverage of health or hospital services.

“Insurer.” A company, association, or exchange, known as The Insurance Company an unincorporated association of underwriting members; a hospital plan corporation; a professional health services plan corporation; a health maintenance organization; a fraternal benefit society; and a self-insured health care entity.

“Issuer.” The business organization or financial institution which issues an access device or its duly authorized agent.

“Knowing that the property involved in a financial transaction represents the proceeds of unlawful activity.” Knowing that the property involved in the transaction represents proceeds from some form, though not necessarily which form, of unlawful activity, regardless of whether or not the activity is specified.

“Merchandise.” Any goods, chattels, foodstuffs, or wares of any type and description, regardless of the value thereof.

“Merchant.” An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator.

“Monetary instrument.” Coin or currency of the United States or any other country, traveler’s checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery.

“Person.” An individual, corporation, partnership, association, joint-stock company, trust, or unincorporated organization. The term includes any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society, beneficial association and any other legal entity engaged or proposing to become engaged, either directly or indirectly, in the business of insurance, including agents, brokers, adjusters, and health care plans.

“Premises of a retail mercantile establishment.” Includes but is not limited to, the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.

“Publishes.” The communication of information to one or more persons, either in person, by telephone, radio, other telecommunication or electronic device, television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book.

“Receiving.” Acquiring possession, control, or title, of the property.

“Self-insured.” Any person who is self-insured for any risk by reason of any filing, qualification process, approval or exception granted, certified, or ordered by any department or agency of the Commonwealth.

“Statement.” Any oral or written presentation or other evidence of loss, injury or expense, including, but not limited to, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X-ray, test result or computer-generated documents.

“Store or other retail mercantile establishment.” A place where merchandise is displayed, held, stored, or sold or offered to the public for sale.

“Transaction.” Includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition. With respect to a financial institution, the term includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument and any other payment, transfer or delivery by, through, or to a financial institution, by whatever means effected.

“Under-ring.” To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.

“Unlawful activity.” Any activity graded a misdemeanor of the first degree or higher under Federal or State law.

• Retail Theft
• Identity Theft
• Access Device Fraud
• Theft by Unlawful Taking
• Receiving Stolen Property
• Embezzlement
• Money Laundering
• Theft by Deception
• Bad Checks
• Insurance Fraud
• Home Improvement Fraud
• Dealing in Proceeds of Illegal Activity

The crime of retail theft can be charged in several ways.

A person may be charged with retail theft in Pennsylvania if they take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment to deprive the merchant of the possession, use or benefit of such merchandise without paying the full retail value.

A person can also be charged with retail theft is they alter, transfer, or remove any label, price tag marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a store or other retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value to deprive the merchant of the full retail value.

A person may also be charged with retail theft if they transfer any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the full retail value thereof.

A person may also be charged with retail theft if they under-ring the merchandise intending to deprive the merchant of the full retail value of the merchandise.

Finally, A person may also be charged with retail theft if they destroy, remove, render inoperative or deactivate any inventory control tag, security strip or any other mechanism designed or employed to prevent an offense under this section to deprive the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof.

The grading of the offense depends on multiple factors. First, the number of times in which you have been previously charged and convicted of retail theft. Second, the total retail value of the items obtained. Third, the type of item which is the object of the theft is also a factor.

An offense which is a first offense and where the value of the merchandise is less than $150 is graded as a summary offense.

An offense which is a first offense and where the value of the merchandise is $150 or more is graded as a 1st-degree misdemeanor.

An offense which is a second offense and where the value of the merchandise is less than $150 is graded as a 2nd-degree misdemeanor.

An offense where the value of the merchandise is over $1000 or if the merchandise is a firearm or a motor vehicle is graded as a 3rd-degree felony, regardless of whether the person has prior convictions.

An offense which is a third or subsequent offense, regardless of the value of the merchandise, is graded as a 3rd-degree felony.

An offense that is alleged to have been committed during a manmade, natural, or war-caused disaster is graded as a 2nd-degree felony, regardless of the value of the property or whether the person has any prior convictions.

There are mandatory fines for any person who is convicted of retail theft of motor fuel. For a first offense, the fine is at least $100 but more than $250. For a second offense, the fine is at least $250 but not more than $500. For a third or subsequent offense, the fine is a minimum of $500, or the court may order the operating privilege of the person suspended for 30 days.

Like many theft offenses, the Commonwealth can combine the value of the items obtained into one count with the grading based on the total value of the items if they can show a common scheme or course of conduct. Or they can charge you separately for each incident. This is crucial in determining the grading of offense.

The statute defines how a prior offense is determined. When determining whether a person has prior offenses for retail theft, the court includes any conviction, acceptance of accelerated rehabilitative disposition (ARD), or other forms of preliminary dispositions, occurring before the sentencing on the present violation, or a similar offense from any other jurisdiction. However, very recently there have been Pennsylvania Superior Court cases which indicated that a prior acceptance into ARD can not be counted as a prior offense. How these cases will affect retail theft cases going forward is yet to be seen and will most likely be determined by future court challenges.

There is a presumption afforded to the Commonwealth if you are concealing an item you are doing so with the intent of violating the section. Also, if you are found with concealed property on your person or in your belongings there is a presumption that you intentionally concealed them with the intent of violating the section. However, the Commonwealth is not required to produce the obtained merchandise in order the charge and gain a conviction for retail theft as long as there is other competent evidence to substantiate the offense.

Anyone who is 16 years of age or older is required to provide their fingerprints to the Commonwealth if they are charged with retail theft. These prints are used to help the Court determine the number of prior offenses to see what the grading of the offense should be and to determine the possible punishments.

A person is guilty of identity theft of another person if they: possess or use, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose. The grading of the offense depends on the total value of the property or services obtained or attempted to be obtained.

The Commonwealth can and often does charge a separate offense for each time a person possesses or uses identifying information. However, the Commonwealth can aggregate all the separate offenses into one count which can result in a higher grading of the offense due to the increased value of the property or services obtained when all of the offenses are added up together.

If the total value involved is less than $2,000, and it is a first or second offense, the offense is graded a misdemeanor of the first degree. If the total value involved was $2,000 or more, and it is a first or second offense, the offense is graded as a felony of the third degree. If the offense is committed in furtherance of a criminal conspiracy, the offense is graded as a felony of the third degree. If the offense is a third or subsequent offense under this section, the offense is graded as a felony of the second degree. The grading of the offense is increased by one grade in cases where the victim of the offense is 60 years of age or older, a care-dependent person regardless of their age, or under the age of 18.

The Commonwealth may charge you in the county in which the victim resides, the county in which you possessed or used the identifying information, or, in a case where the business or employment identity information was used, in the county where the business or employment is located.

An “access device” is any card, including, but not limited to, a credit card, debit card, an automated teller machine card, plate, code, account number, personal identification number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or anything else of value or that can be used to transfer funds.

A person can be charged with access device fraud in Pennsylvania in several ways.

First, a person can be charged if they use an access device to obtain or in an attempt to obtain property or services with the knowledge that the access device is counterfeit, altered, or incomplete, or was issued to another person who has not authorized its use, or the access device has been revoked or canceled, or their use of the access device is not authorized by the issuer or the device holder.

The grading of an offense under this section depends on the value of the property or services obtained or sought to be obtained utilizing the access device. An offense where the value involved was $500 or more is graded as a felony of the third degree. An offense where the value involved was $50 or more but less than $500 is graded as a misdemeanor of the first degree. An offense where the value involved was less than $50 is graded as a misdemeanor of the second degree. The Commonwealth may combine values for grading purposes if the unlawful use of an access device is pursuant to a common scheme or course of conduct, even if the access devices are from different issuers.

Second, a person can also be charged if they publish, make, sell, give, or otherwise transfer to another, or offer or advertise, or aid and abet any other person to use an access device knowing that the access device is counterfeit, altered or incomplete, belongs to another person who has not authorized its use, has been revoked or canceled or for any reason is unauthorized by the issuer or the device holder. This offense is graded as a felony of the third degree. The Commonwealth cannot aggregate charges under this section and each access device involved is charged as a separate offense.

Third, a person can also be charged if they possess an access device knowing that it is counterfeit, altered, incomplete, or belongs to another person who has not authorized its possession. This offense is graded as a misdemeanor of the third degree. The Commonwealth cannot aggregate charges under this section and each access device involved is charged as a separate offense.

For purposes of the law in Pennsylvania, a person is presumed to know an access device is counterfeit, altered or incomplete if they have in their possession or under their control two or more counterfeit, altered, or incomplete access devices. Notice of the revocation or cancellation shall be presumed to have been received by an access device holder seven days after it has been mailed to them at the address set forth on the access device application or at a new address if a change of address has been provided to the issuer.

There is a statutory defense to a prosecution if the actor proves by a preponderance of the evidence that they had the intent and ability to meet all obligations to the issuer arising out of their use of the access device.

The Commonwealth can file the charges in the county where the attempt to obtain property or services is made, or at the place where the property or services were received or provided, or at the place where the lawful charges for the property or services are billed.

A person can be charged with Theft by Unlawful Taking or Disposition in Pennsylvania if they: unlawfully take, or exercises unlawful control over, the movable property of another with the intent to deprive the owner of that property; or if they unlawfully transfer, or exercise unlawful control over, the immovable property of another with the intent to benefit themself or another person.

The grading of this offense depends on several factors including the value of the property, whether or not a threat was made to obtain the property, and whether or not the property was a firearm or some other specified item, or whether the theft occurred during a disaster.

In a case where there are no threats involved and the value of the property is less than $50 the offense is graded as a Misdemeanor of the third degree.

In a case where there are no threats involved and the value of the property is at least $50 and less than $200 the offense is graded as a Misdemeanor of the second.

In a case where there are no threats involved the value of the property is at least $200 but less and $2000, the offense is graded as a Misdemeanor of the first degree.

In a case where there is a threat and the value of the property is less than $2000, the offense is graded as a Misdemeanor of the first degree.

In a case where there are no threats involved and the value of the property is at least $2000 but less than $100,00 or involving a motorized vehicle, the offense is graded as a felony of the third degree.

In a case where there are no threats involved and the value of the property is at least $100,000 but less than $500,000, the offense is graded as a felony of the second degree.

In a case where there are no threats involved and the property is a firearm or anhydrous ammonia the offense is graded as a felony of the second degree.

In a case where the property is taken during a manmade, natural, or war-caused disaster the offense is graded as a felony of the second degree.

In a case where three are no threats and the value of the property is at least $500,000 the offense is graded as a felony of the first degree.

Pennsylvania makes it a crime for a person to receive stolen property. In order to prosecute this offense, the Commonwealth needs to show that a person intentionally received, retained, or disposed of movable property of another knowing that it had been stolen, or believing that it had probably been stolen. However, if the person received, retained, or disposed of the property with the intent to restore it to the owner, they would not fall within the actions covered by the criminal statute.

Like other theft offenses, the grading is determined by the value of the property and other factors.

In a case where there are no threats involved and the value of the property is less than $50 the offense is graded as a Misdemeanor of the third degree.

In a case where there are no threats involved and the value of the property is at least $50 and less than $200 the offense is graded as a Misdemeanor of the second.

In a case where there are no threats involved the value of the property is at least $200 but less and $2000, the offense is graded as a Misdemeanor of the first degree.

In a case where there is a threat and the value of the property is less than $2000, the offense is graded as a Misdemeanor of the first degree.

In a case where there are no threats involved and the value of the property is at least $2000 but less than $100,00 or involving a motorized vehicle, the offense is graded as a felony of the third degree.

In a case where there are no threats involved and the value of the property is at least $100,000 but less than $500,000, the offense is graded as a felony of the second degree.

In a case where there are no threats involved and the property is a firearm or anhydrous ammonia the offense is graded as a felony of the second degree.

In a case where the property is taken during a manmade, natural, or war-caused disaster the offense is graded as a felony of the second degree.

In a case where three are no threats and the value of the property is at least $500,000 the offense is graded as a felony of the first degree.

Pennsylvania has two criminal offenses which cover what is commonly referred to as “embezzlement.”

The first is Misapplication of Entrusted Property and Property of Government or Financial Institutions. This makes it a crime for a person to apply or dispose of property that has been entrusted to them as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted. If the value of the property is below $50, the offense is graded as a Misdemeanor of the third degree. If the value of the property is $50 or more, the offense is graded as a Misdemeanor of the second degree.

The second is Theft by Failure to Make Required Disposition of Funds Received. This makes it a crime for a person to obtain property upon agreement, or subject to a known legal obligation to make specified payments, or other disposition and then intentionally deal with the property obtained as their own and fail to make the required payment or disposition.

Like other theft offenses, the grading is determined by the value of the property and other factors.

In a case where there are no threats involved and the value of the property is less than $50 the offense is graded as a Misdemeanor of the third degree.

In a case where there are no threats involved and the value of the property is at least $50 and less than $200 the offense is graded as a Misdemeanor of the second degree.

In a case where there are no threats involved the value of the property is at least $200 but less and $2000, the offense is graded as a Misdemeanor of the first degree.

In a case where there is a threat and the value of the property is less than $2000, the offense is graded as a Misdemeanor of the first degree.

In a case where there are no threats involved and the value of the property is at least $2000 but less than $100,000 or involving a motorized vehicle, the offense is graded as a felony of the third degree.

In a case where there are no threats involved and the value of the property is at least $100,000 but less than $500,000, the offense is graded as a felony of the second degree.

In a case where there are no threats involved and the property is a firearm or anhydrous ammonia the offense is graded as a felony of the second degree.

In a case where the property is taken during a manmade, natural, or war-caused disaster the offense is graded as a felony of the second degree.

In a case where three are no threats and the value of the property is at least $500,000 the offense is graded as a felony of the first degree.

Pennsylvania makes it a crime to issue or pass a bad check. The Commonwealth must prove that the person issued, or passed a check or similar sight order, for the payment of money, knowing that it will not be honored by the bank or financial institution. The offense may be prosecuted in Pennsylvania if the bank or financial institution is in Pennsylvania, regardless of where the check was actually written.

There are several statutory presumptions that the Commonwealth may rely on when prosecuting this offense.

First, an issuer is presumed to know that the check or order (other than a post-dated check or order) would not be paid, if 1) the payment was refused because the issuer had no such account with the bank at the time the check or order was issued; or 2) the payment was refused by the bank for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within ten days after receiving notice of that refusal.

Second, a check or order stamped “NSF” or “insufficient funds” raises a presumption that payment was refused by the bank for lack of funds.

Third, a check or order stamped “account closed” or “no such account” or “counterfeit” raises a presumption that payment was refused by the bank because the issuer had no such account with the bank at the time the check or order was issued.

Finally, proof that notice was sent by registered or certified mail, regardless of whether a receipt was requested or returned, to the address printed on the check or, if none, then to the issuer's last known address, raises a presumption that the notice was received.

The grading of the offense depends on the value written on the check and whether a person had a prior conviction for bad check offense.

If the check was for less than $200 the offense is graded as a summary offense.

If the check if for $200 but less than $500, the offense is graded as a 3rd-degree misdemeanor.

If the check is for between $500 but less than $1000, the offense is graded as a 2nd-degree misdemeanor.

If the check is for between $1000 but less than $75,000, the offense is graded as a 1st-degree misdemeanor.

If the check if for $75,000 or more, the offense is graded as a 3rd-degree felony.

If the offense is a third or subsequent offense within five years, and the value of the check is less than $75,000, the offense is graded as a 1st-degree misdemeanor. If the value of the check is $75,000 or more, the offense is graded as a 3rd-degree felony.

The Commonwealth may charge this offense in the jurisdiction in either the place where the check was written or in the place where the bank where the money was drawn from is located.

If a person is convicted of Bad Checks, the court will order, in addition to any other punishment, that the person pay 1) the face value of the check; 2) interest on the face amount from the date of the denial of the bank to pay the check, calculated at the legal rate; and 3) a service charge if the person to whom the check was issued had a notice of intent to collect a service charge conspicuously displayed on their premises. The amount of the service charge can be up to $50, or more if a higher fee was charged by the bank.

To find a person guilty of Theft by Deception in Pennsylvania the Commonwealth must prove that the person intentionally obtained or intentionally withheld the property of another using some form of deception.

A person can intentionally deceive someone in three ways. First, they can create or reinforce a false impression regarding the law, the value of the property, the person’s intentions or other states of mind. However, simply failing to perform on a promise may not be “deception” under the statute.

Second, a person can deceive another by preventing them from acquiring information which would affect their judgment regarding a transaction.

Finally, a person can deceive another by failing to correct a false impression which the deceiver previously created or reinforced, or which the person knows to be influencing another to whom they stand in a fiduciary or confidential relationship.

The grading for this offense ranges from a misdemeanor of the third degree up to a felony of the first degree depending on the item obtained and the value of that item.

The crime of Dealing in Proceeds of Unlawful Activities in Pennsylvania makes it illegal to conduct a financial transaction where certain circumstances are present. Those circumstances include the following: 1) where the transaction is done with the knowledge that the property involved, including stolen or illegally obtained property, represents the proceeds of unlawful activity; 2) where the person acts with the intent to promote the carrying on of an unlawful activity; 3) where the person acts with knowledge that the property involved, including stolen or illegally obtained property, represents the proceeds of unlawful activity and that the transaction is designed to conceal or disguise the nature, location, source, ownership or control of the proceeds of the unlawful activity; or 4) where the person acts in a way to avoid the transaction reporting requirement under State or Federal law.

The grading for this offense is a felony of the first degree with a maximum possible sentence of 20 years of incarceration. There is also a mandatory fine of either twice the value of the property or $100,000.00, whichever is greater.

Unlike many criminal offenses, this offense also has civil penalties. If convicted the Commonwealth is allowed to ask for a civil penalty of the greater of the value of the property or funds in the offense or $10,000.

The Commonwealth may bring charges for this offense in any jurisdiction in this it may be deemed that the offense occurred or where any element of the offense occurred.

A person can be found guilty of Insurance Fraud in Pennsylvania if they have been convicted of doing any of the following:

(1) Knowingly and with the intent to defraud a state or local government agency files, presents or causes to be filed with or presented to the government agency a document that contains false, incomplete or misleading information concerning any fact or thing material to the agency's determination in approving or disapproving a motor vehicle insurance rate filing, a motor vehicle insurance transaction or other motor vehicle insurance action which is required or filed in response to an agency's request.

(2) Knowingly and with the intent to defraud any insurer or self-insured, presents or causes to be presented to any insurer or self-insured any statement forming a part of, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim.

(3) Knowingly and with the intent to defraud any insurer or self-insured, assists, abets, solicits or conspires with another to prepare or make any statement that is intended to be presented to any insurer or self-insured in connection with, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim, including information which documents or supports an amount claimed in excess of the actual loss sustained by the claimant.

(4) Engages in unlicensed agent, broker, or unauthorized insurer activity knowingly and with the intent to defraud an insurer, a self-insured or the public.

(5) Knowingly benefits, directly or indirectly, from the proceeds derived from a violation of this section due to the assistance, conspiracy, or urging of any person.

(6) Is the owner, administrator or employee of any health care facility and knowingly allows the use of such facility by any person in furtherance of a scheme or conspiracy to violate any of the provisions of this section.

(7) Borrows or uses another person's financial responsibility or other insurance identification card or permits his financial responsibility or other insurance identification card to be used by another, knowingly and with intent to present a fraudulent claim to an insurer.

(8) If, for pecuniary gain for himself or another, he directly or indirectly solicits any person to engage, employ or retain either himself or any other person to manage, adjust or prosecute any claim or cause of action against any person for damages for negligence or, for pecuniary gain for himself or another, directly or indirectly solicits other persons to bring causes of action to recover damages for personal injuries or death, provided, however, that this paragraph shall not apply to any conduct otherwise permitted by law or by rule of the Supreme Court.

This offense is graded as a felony of the third degree.

A person is guilty of Home Improvement Fraud in Pennsylvania if they do one of the following with the intent to defraud or injure anyone or with the knowledge that they are facilitating a fraud or injury to be perpetrated by anyone:

(1) make a false or misleading statement to induce, encourage or solicit a person to enter into any written or oral agreement for home improvement services or provision of home improvement materials or to justify an increase in the previously agreed-upon price;

(2) receive any advance payment for performing home improvement services or providing home improvement materials and fails to perform or provide such services or materials when specified in the contract taking into account any force majeure or unforeseen labor strike that would extend the time frame or unless extended by agreement with the owner and fails to return the payment received for such services or materials which were not provided by that date;

(3) while soliciting a person to enter into an agreement for home improvement services or materials, misrepresents or conceals the contractor's or salesperson's real name, the name of the contractor's business, the contractor's business address or any other identifying information;

(4) damage a person's property with the intent to induce, encourage or solicit that person to enter into a written or oral agreement for performing home improvement services or providing home improvement materials;

(5) misrepresent themself or another as an employee or agent of the Federal, Commonwealth or municipal government, any other governmental unit or any public utility with the intent to cause a person to enter into any agreement for performing home improvement services or providing home improvement materials;

(6) misrepresent an item as a special order material or to misrepresent the cost of the special order material;

(7) alter a home improvement agreement, mortgage, promissory note, or other document incident to performing or selling a home improvement without the consent of the consumer; or

(8) directly or indirectly publishes a false or deceptive advertisement in violation of State law governing advertising about home improvement.

A conviction under this offense is graded as follows:

The grading of the offense is a felony of the third degree if the damages exceed $2000 or the payment made is over $2000. If the amount involved is $2000 or less in damages or in payments made or if the amount of payment cannot be satisfactorily ascertained, then the grading is a Misdemeanor of the first degree.

Amounts involved pursuant to one scheme or course of conduct, whether involving one or more victims, may be aggregated in determining the grade of the offense.

If the victim is 60 years of age or older, the grading of the offense shall be one grade higher than it would usually be graded.

Where a person commits a second or subsequent offense, the offense will constitute a felony of the second degree regardless of the amount of money involved. However, the second or subsequent offense must have occurred after the first conviction.