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§ 4306. Newborn protection

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: February 20, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article D. Offenses Against the Family (Refs & Annos)
Chapter 43. Offenses Against the Family
Subchapter A. Definition of Offenses Generally
Effective: February 20, 2018
18 Pa.C.S.A. § 4306
§ 4306. Newborn protection
(a) General rule.--A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in the care of a hospital, a police officer at a police station pursuant to 23 Pa.C.S. Ch. 65 (relating to newborn protection) or an emergency services provider on the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider pursuant to 23 Pa.C.S. Ch. 65 if the following criteria are met:
(1) The parent expresses, either orally or through conduct, the intent to have the hospital, police officer or emergency services provider accept the newborn pursuant to 23 Pa.C.S. Ch. 65.
(2) The newborn is not a victim of child abuse or criminal conduct.
<Text of subsec. (a.1) effective 120 days after publication of notice under 23 Pa.C.S.A. § 6504.3(c).>
(a.1) Incubator.--A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in an incubator if the newborn is not a victim of child abuse or criminal conduct and the incubator is located:
(1) at a hospital;
(2) at a police station pursuant to 23 Pa.C.S. Ch. 65; or
(3) on the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider pursuant to 23 Pa.C.S. Ch. 65.
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“Child abuse.” As defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions).
“Emergency services provider.” An emergency medical responder, emergency medical technician, advanced emergency medical technician or a paramedic as defined in 35 Pa.C.S. § 8103 (relating to definitions).
“Newborn.” As defined in 23 Pa.C.S. § 6502 (relating to definitions).
“Police department.” A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of criminal or traffic laws.
“Police officer.” A full-time or part-time employee assigned to criminal or traffic law enforcement duties of a police department of a county, city, borough, town or township. The term also includes a member of the State Police Force.
“Police station.” The station or headquarters of a police department or a Pennsylvania State Police station or headquarters.

Credits

2002, Dec. 9, P.L. 1549, No. 201, § 1, effective in 60 days. Amended 2014, July 2, P.L. 843, No. 91, § 1, effective in 60 days [Sept. 2, 2014]; 2017, Dec. 22, P.L. 1219, No. 68, § 1.
18 Pa.C.S.A. § 4306, PA ST 18 Pa.C.S.A. § 4306
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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