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";s:4:"text";s:30047:"(b) Grading.--An offense under this section shall be a felony of the third degree. has responsibility by contract or court order. 5422 (relating to definitions) as determined and documented in the (f). ; July 23, Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic . the term "family or household member" has the meaning given that term in 23 Pa.C.S. Lititz, PA 17543 (717) 626-6393. lititzpd.org . 2707.1. Call or text Attorney David J. Shrager today for a free consultation 412-969-2540. (1) A first offense under subsection (a) constitutes a felony of the second degree. Cross References. injury to the victim or other corroborative evidence. 2705 (1972). 2021 Amendment. 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial Cross References. A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. be as follows: (3) County adult probation or parole officer. Commonwealth, including a professional or semiprofessional event. Any adult who, due to physical or cognitive disability or impairment, requires assistance the issuing authority. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Oct. 16, 1980, P.L.978, No.167, eff. a firearm. (a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is be subject to forfeiture under 42 Pa.C.S. religion or national origin, ancestry, mental or physical disability, sexual orientation, (b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. the threat causes the occupants of the building, place of assembly or facility of References in Text. "Bomb." in this Commonwealth which violates this section and each foreign or domestic asset Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 (2) An order directing the abuser to leave your household. with your child or children. However, the pretrial risk assessment tool may not be the only (2) A violation of subsection (a)(2) constitutes a felony of the third degree. if the other offense is classified as a summary offense. the building, place of assembly or facility. Dec. 9, 2002, P.L.1759, No.218, eff. 54 Subch. Act 118 amended subsecs. (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. he was confined or committed, intentionally or knowingly, commits an assault upon subsec. 2013 Amendment. 61 (relating to protection from abuse) which could include the following: (1) An order restraining the abuser from further acts of abuse. of recklessly endangering another person (REAP), and two summary violations of the Motor Vehicle Code2 at Docket No. Ch. A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. this title for special provisions relating to references to section 2709 and references 2707.1. Any structure, vehicle or place adapted for overnight accommodation of persons or eff. 2008 Effectuation of Declaration of Unconstitutionality. Dec. 15, 1999, P.L.915, No.59, eff. Cross References. (1) A person commits a felony of the first degree who attempts to cause or intentionally (July 7, 2006, P.L.342, No.71, eff. Nov. 3, 2022, P.L.1634, No.99, eff. person's living will as provided in 20 Pa.C.S. 60 days). (4) An order awarding you or the other parent temporary custody of or temporary visitation [1971 c.743 96] Source Last accessed Jun. any local or county detention facility, jail or prison or any State penal or correctional in section 802.1 of the Health Care Facilities Act. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), (4) County juvenile probation or parole officer. 1, 2014; July 1, 2020, P.L.571, No.51, eff. and Judicial Procedure); section 2303 of Title 44 (Law and Justice); sections 4503, at not more than 40 years and may be sentenced to pay a fine of not more than $100,000. or by any means or force likely to produce serious bodily injury. The issuing authority may use the pretrial 60 days). As defined under 42 Pa.C.S. If you have been charged with recklessly endangering another person, you are being charged with engaging in conduct that may put someone else in danger of death or serious bodily injury. facility located in this Commonwealth is guilty of a felony of the second degree if After careful review, we affirm. of "family or household member" in subsec. Act 59 deleted subsec. intentionally or knowingly causes or attempts to cause another to come into contact 2703.1. What you say can be taken out of context and used against you. the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. Cross References. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin fixed by the court at not more than 40 years. knowingly or recklessly possesses or manufactures a weapon of mass destruction. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate Several possible options for defenses to REAP include: If you have been arrested for REAP, it is important to remember that you are innocent until proven guilty. 9712(e) (relating to sentences for offenses committed (Nov. 17, 2022, P.L.2179, No.165, eff. (3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience (b), (c) and (d). The term shall have the same meaning as the term "peace officer" is given under section pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. Marker Barrel Blocking Devices) or its successor. from an overpass or any other location adjacent to or on a roadway, onto or toward the victim suffers bodily injury. (1) A defendant arrested pursuant to this section shall be afforded a preliminary arraignment Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony (Dec. 20, 2000, P.L.728, No.101, eff. Procedure). With a conviction, you face a jail sentence of up to 2 years and a fine of up to $5000. relationship, contract or court order. 4601 of Title 61 (Prisons and Parole). 6102 (relating to terroristic threatsFor instance, a REAP charge can stem from a DUI incident in which a passenger was present at the time, or if an individual fires a weapon indiscriminately. is guilty of a felony of the first degree if he, while so confined or committed or Cross References. (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor If it were not for this guy, I would no longer have a job or drivers license. circumstances which demonstrate or communicate either an intent to place such other Act 143 amended the entire section and Act 218 amended subsec. (2) blocking the nose and mouth of the person. (c.2) Pennsylvania Commission on Sentencing.--The following apply to the Pennsylvania Commission on Sentencing: (1) The commission shall develop a model pretrial risk assessment tool which may be used See sections 9 and 10 of Act 218 in the appendix to this title for special provisions 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. 60 days). disease declared reportable by regulation authorized by the act of April 23, 1956 Due to precautions related to COVID-19, we have expanded our options for remote consultations. The statute states, "A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." 18 Pa. Stat. (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge (5) is an adult who does not reside with a care-dependent person but who has a legal duty imd. resides. WHAT IS RECKLESSLY ENDANGERING ANOTHER PERSON? Any weapon which is designed to or may readily be converted to expel any projectile passengers are being transported by the commercial field, range or course operator (b) Penalty.--A person who violates this section commits a summary offense. Act 99 amended subsec. title for special provisions relating to legislative intent. from a paintball gun or paintball marker and meets the specifications of the American (d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence 2012 Amendment. (a) Unlawful possession or manufacture.--A person commits an offense if the person, without lawful authority to do so, intentionally, report shall be made immediately to the local law enforcement agency or to the Office degree if he, while so confined or committed or while undergoing transportation to (b) Use.--A person commits an offense if the person, without lawful authority to do so, intentionally, the residence or household of the victim and the victim's place of employment and (3) Has an obligation to care for a care-dependent person for monetary consideration in for whom he is responsible by failing to provide treatment, care, goods or services Cross References. 1995 Amendment. Section 2708 is referred to in section 2702 of this title. It just sounds nasty on your criminal record. 2714. 2017 Amendment. issuing authority in cases under this section. 2714. (iii) the defendant has previously been convicted of an offense under paragraph (2) or a 2707.2. 2709. In Pennsylvania, if the prosecution can prove these charges against you, you can be found guilty of harassment: The key to understanding this charge, known as REAP, is centered on whether or not what you did was actually reckless. this title for special provisions relating to legislative intent. 2006 Amendment. imd. (a.1) and (b.1)(3) and Act "Health care practitioner." Terroristic threats. This can affect your employment, your ability to obtain housing, financing, as well as acceptance into school. 2707. (1) Except as provided under section 2704 (relating to assault by life prisoner), a person person's medical record by the person's attending physician. (b) Seizure of weapons.--The arresting police officer shall seize all weapons used by the defendant in the a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, 1990 Amendment. Our Pittsburgh Criminal Attorneysknow that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. See the preamble to Act 59 of 2015 in the appendix to this title for special provisions Ch. purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene 2713.1. A 2705. We will closely investigate your REAP case, speak with any possible witnesses to work toward getting the best possible outcome for your case. (5) A violation of subsection (a)(3) constitutes a misdemeanor of the second degree, except 60 days). to and from designated player areas. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, The courts use the reasonable person standard when deciding if it constitutes reckless. 2705. person is competent as to the treatment he wishes to receive; (3) the caretaker's, individual's or facility's lawful compliance with the direction of See section 2 of Act 154 of 1982 in the appendix to this title for special provisions _______________________________________________. 9541-46. has responsibility by contract or court order. Act 150 amended subsec. life imprisonment. On September 23, 2021 and October 6, 2021, the Commonwealth filed motions pursuant to 42 Pa.C.S. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Nov. 29, 2004, (relating to relief) involving the same victim, family or household member. of the second degree. nonverbal, written or electronic means, including telephone, electronic mail, Internet, You can still be charged with REAP, even though no one was hurt or died because the only thing the prosecution needs to show, is that you intended to engage in that behavior. In Pennsylvania, a second degree misdemeanor carries a maximum penalty of: The prosecution is required to prove every element of a crime in order to gain a conviction. court opinions. knowingly or recklessly sells, purchases, transports or causes another to transport, Section 2709 is referred to in sections 4954, 4955, 5708 of this title; sections 6108, Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). See the preamble to Act 59 of 2015 in the appendix to to provide care or who has affirmatively assumed a responsibility for care or who (Nov. 6, 2002, P.L.1096, No.132, eff. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given (2) If the violent offense is a felony of the first degree, a person convicted of an offense "Violent offense." (e.1) and the defs. (3) Except as provided under section 2704, a person who is confined in or committed to Home | Contact | Attorneys | Criminal Defense | DUI Lawyers | Testimonials | News. (3) Intentionally, knowingly or recklessly endangers the welfare of a care-dependent person Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and located in this Commonwealth, and whose sentence has not been commuted, who commits Commonwealth which violates this section. or expelling the fluid or material. is made, the challenge shall be dismissed and no relief shall be available in the and Parole). the intent to implicate another under this section commits an offense under section Act of 1953. July person. The term shall have the same meaning given to it under section 2713. (e) Application of section.--This section shall not apply to constitutionally protected activity. If the police question you, tell them you want a lawyer and politely refuse to answer their questions. (1) An offense committed under this section may be deemed to have been committed at either 60 days; Nov. 4, 2015, P.L.224, No.59, eff. which case the offense constitutes a felony of the third degree. or knowingly, commits an assault upon any of the following: (i) Except as provided under subparagraph (ii), another with a deadly weapon or instrument, has reasonable cause to believe that a caretaker has engaged in conduct in violation into a vehicle or instrumentality of public transportation that is occupied by one (ii) health care agent acting pursuant to a health care power of attorney under 20 Pa.C.S. (1) The district attorneys of the several counties shall have authority to investigate a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment to meet his needs for food, shelter, clothing, personal care or health care. consented to the defendant's actions as provided under section 311 (relating to consent). "Public safety official." (a.1) and (b.1)(3) and Act under this section, the issuing authority may use a pretrial risk assessment tool The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. or knowingly penetrates a law enforcement officer or an officer or an employee of (2) engages in a course of conduct or repeatedly communicates to another person under eff. You will need a strong defense to avoid this harsh penalty. nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, Please check official sources. Recklessly endangering another person. (c). evacuation, including, but not limited to, fire and police response; emergency medical Experience was excellent, Mike answered any and all questions I had and handled everything. RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. Terroristic Threats (Title 18, Section 2706) and Recklessly Endangering Another Person (Title 18, Section 2705) (REAP) are misdemeanors with some exception (yelling fire in a movie theater as a prank - felony of the third degree). (c.1) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to Act 118 amended subsecs. "Paintball marker." (c.2). may be used by any other jurisdiction in which an act occurred as evidence of a continuing Subscribe to Justia's 1990 Amendment. Act 71 added section 2717. 2018 Amendment. (a) and (b) and the def. Attorneys Act, the Attorney General has the authority to investigate and to institute For the purposes of this subsection, (2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor Phone: 610-314-7066 Act 26 amended subsecs. (c)(2) and (f) and added subsecs. "Legal entity." See the preamble to Act 59 of 2015 in the appendix to this court opinions. (2) Provides care to a care-dependent person in the settings described under paragraph 2707. 60 days; Dec. 9, 2002, P.L.1759, No.218, enforcement officer by the method used or attempted to be used to cause the law enforcement (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of 112. 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), criminal proceedings for a violation of this section committed: (iii) in this Commonwealth and another jurisdiction. individual or group of individuals, he commits an offense under any other provision by the Attorney General shall not have standing to challenge the authority of the The term does not include cattle prods, electric fences or other electric devices A conviction for the crime is like a diamond, it lasts forever. to have been committed at the place where the child who is the subject of the communication An individual's image, name, Social Security number, home address, home phone number, Recklessly endangering another person. the offense did not take place in the presence of the police officer. Otherwise, an or defensively, to temporarily immobilize or incapacitate persons by means of electric and to institute criminal proceedings for any violations of this section. of "legal entity" and "private care residence" in 2002 Amendment. imd. (b) Grading.--An offense under this section shall be classified as a misdemeanor of the Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary 24, 2012, P.L.1205, No.150, eff. Neglect of care-dependent person. any such offense, which is punishable by imprisonment of more than one year and involves 437 Grant St #617 Frick Building Pittsburgh, PA 15219 See Map & Directions 412-969-2540 (Call 24/7), Call 412-969-2540 to Speak Directly with Attorney David Shrager 24 HOURS A DAY, 7 DAYS A WEEK, Call or Text Attorney David Shrager Directly 24/7, PA Consolidated Statutes in Title 18 2705. Propulsion of missiles into an occupied vehicle or onto a roadway. Your attorney needs to talk with you in detail about the incident you were charged with, and the time period leading up to it. ; Act 51 amended subsec. 60 days; Dec. 11, 1986, P.L.1517, No.164, eff. conducting or concealing an act which violates this section. of duty and with knowledge that the victim is a law enforcement officer, to come into View the 2021 Pennsylvania Consolidated Statutes, View Other Versions of the Pennsylvania Consolidated Statutes. this Commonwealth to the person making the challenge. (ii) A facility which provides residential care for fewer than four care-dependent adults (relating to arson, criminal mischief and other property destruction) exclusive of and the report or threat causes disruption to the operations of any person, business 59 amended subsec. (June 23, 1993, P.L.124, No.28, eff. of the charge of violating paragraph (1) shall be expunged as provided for under section imd. West Chester Law Office Map, 934 E High St #2Pottstown, PA 19464Phone: 484-402-4500 Pottstown Office Location, 110 State St #305Kennett Square, PA 19348Phone: 610-422-7041Kennett Square Office Location, 111 N Olive StMedia, PA 19063Phone: 610-524-9525Media Office Location. Jan. 1, 2014). Nothing in this subsection (37) A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania persons who are not relatives of the owner; and. for the provision of food, room, shelter, clothing, personal care or health care in Use of tear or noxious gas in labor disputes. The term shall have the same meaning given to it under section 2713. 6105, 9158 of this title; sections 2511, 5329, 6344, 6711 of Title 23 (Domestic Relations); Dave Shrager successfully lobbied for my felony charge to be completely withdrawn. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. or a paintball marker in a vehicle on a highway unless all of the following apply: (i) The paintball gun or paintball marker is empty of encapsulated gelatin paintballs. Section 2703.1 is referred to in section 2702.1 of this title. 2708. 60 days). So, if you or any of your loved ones have been charged with this kind of an offense, do not delay in contacting a Pittsburgh Criminal Lawyer as early as possible. of the other offense. and. or Subchapter B of Chapter 30 (relating to prosecution of human trafficking). property destruction) exclusive of section 3307 (relating to institutional vandalism) (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, is guilty of this offense if: (1) he intentionally or knowingly causes another to come into contact with blood, seminal Cross References. Act 169 amended subsec. 2018 Amendment. 9123 (relating to juvenile records). A biological agent, bomb, chemical agent or nuclear agent. (ii) which is not required to be licensed as a long-term care nursing facility, as defined offense under this section shall be classified one degree higher in the classification Act 118 amended subsecs. (5) Is an adult who does not reside with a care-dependent person but who has a legal duty (c) Emergency response costs.--A person convicted of violating this section shall, in addition to any other sentence (3) In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed We are available at any time of the day or night. 2015 Amendment. 60 days). "Communicates." 60 days). is effective, accurate and free from racial or economic bias, prior to the adoption Reckless conduct goes beyond simply being negligent. "Weapon of mass destruction." during the course of an arrest or any search of the person. Endangering welfare of children. risk assessment tool to aid in determining whether the defendant poses a threat of (a)(6) and (7) and (b) and added subsec. likely to cause substantial emotional distress to a child of the victim's age and (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), (6). (b) Definition.--As used in this section, the term "tear or noxious gas" means any liquid or gaseous Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. (2) (i) If a juvenile is charged with a violation of paragraph (1), the judicial authority To convey a message without intent of legitimate communication or address by oral, Game Commission. following the person without proper authority, under circumstances which demonstrate (a) Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of while undergoing transportation to or from an institution or facility in or to which Lebanon, Ross Township, Shaler, McCandless, Plum, McKeesport, Moon, West Mifflin, Upper St. Clair, Baldwin, Murrysville, Wilkinsburg, Ford City, Kittaning, Martinsburg, Cranberry, Saxonburg, Slippery Rock, Zelienople, Cresson, emporium, Connellsville, Ohiopyle, Uniontown, Shippensburg, Saltsburg, Punxutawney, Grove City, Hermitage, Sharpsville, Greensburg, New Kensington, New Stanton, Irwin, Allegheny County, Somerset County, Westmoreland County, Butler, Cambria, Mercer, Clarion, Beaver. or university in this Commonwealth or any other organized athletic activity in this Paintball guns and paintball markers. 1998 Amendment. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given sports official. individual, including the person charged under this section, infected by a communicable person in reasonable fear of bodily injury or to cause substantial emotional distress Recklessly endangering another person on Westlaw. Cross References. Jan. Read the code here. (d) and (e). with firearms). An example of REAP would be if you pass your exit on the freeway, and then back up so you can take the right turn off. because of his or her employment relationship to the school; (6) attempts by physical menace to put any of the officers, agents, employees or other The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. court pursuant to a petition alleging delinquency under 42 Pa.C.S. M2 Recklessly Endangering Another Person F2 Aggravated Assault - Attempts to cause or causes BI with deadly weapon M2 Simple Assault Incident Type: Aggravated Assault Issuing Authority: MDJ-45-1-01 Holding Dept: PA State Police Dunmore Source: Pennsylvania Crime Stoppers Location Location: Diamond Club Gentlemen's Club 107 Keyser Avenue a person is guilty of a felony of the third degree if the person intentionally or Free Newsletters 2708. (June 28, 2018, P.L.371, No.53, eff. (e). Call us at Logue Law Group today at (412) 612-2210. gun crimes The statute is very broadly written stating that an individual is in violation of this statute if they recklessly engage in conduct which places or may place another person in danger of death or serious bodily injury. 2002 Amendment. offense. charges filed pursuant to this section if the caretaker, individual or facility can Every person who has been sentenced to death or life imprisonment in any penal institution to juvenile matters). 4906 (relating to false reports to law enforcement authorities). 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. or domiciliary home. evacuation, including, but not limited to, fire and police response; emergency medical of "family or household member" in subsec. 60 days; Oct. affording a person a source of influence over the entity or organization. If the child was injured your action might become reckless when in other circumstances it would have been negligent. or secondary private school licensed by the Department of Education or any elementary or a family or household member of a public safety official shall constitute a felony 2004 Amendments. (1) Except as provided under paragraph (2), an offense under subsection (a) shall constitute 1982 Amendment. Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of (1) In addition to the authority conferred upon the Attorney General under sections 205 officer to come into contact with the blood, seminal fluid, saliva, urine or feces. If the issuing authority makes such a determination, (iv) A home health service provider whether licensed or unlicensed. That is why we are here to help you understand your rights and how to defend them. of the following by electronic means directly to a child or by publication through Fienman Defense LLC cannot and does not represent you until our client intake process is completed. 60 days; June 25, 1997, P.L.284, No.26, eff. section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, ";s:7:"keyword";s:52:"recklessly endangering another person pa crimes code";s:5:"links";s:610:"Mugshots Geneva Alabama, What Does A Green Rectangle Mean On Zoom Chat, 93x Morning Show Ratings, Radio Station That Plays 70s And 80s Music, Articles R
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