§ 4806.2. Making extortionate extensions of credit
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 P.S. Crimes and Offenses
18 P.S. § 4806.2
§ 4806.2. Making extortionate extensions of credit
(a) Whoever makes an extortionate extension of credit, or conspires to do so, is guilty of a felony and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars ($10,000) or to undergo imprisonment not exceeding twenty (20) years, or both. Offenses are in no way limited by the amount of the extension of credit or the interest rate charged thereon.
(b) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of subsection (a):
(1) The extension of credit was made at a rate of interest at least equal to that established for criminal usury in section 806.1(h) of this act.1
(c) In any prosecution under this section, if evidence has been introduced tending to show the existence of the factor specified in subsection (b)(1) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community at the time of the extension.
Credits
1939, June 24, P.L. 872, § 806.2, added 1972, Dec. 29, P.L. 1671, No. 358, § 1, imd. effective.
Footnotes
18 P.S. § 4806.1.
18 P.S. § 4806.2, PA ST 18 P.S. § 4806.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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