Department of Aging, the Department of Health or the Department of Public Welfare imd. Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? or by any means or force likely to produce bodily injury. (c)(2). October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney exist or threatened to be placed or set. (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; (c.1) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious 2002 Amendment. section, infected by a communicable disease declared reportable by regulation authorized Discharge of a firearm into an occupied structure. Or, you can contact us online. 2018 Amendment. "Caretaker." of an agent if the individual is naturally exposed to or innocently infected or contaminated have been given effect in setting forth the text of subsec. If it were not for this guy, I would no longer have a job or drivers license. power to appraise or control his or her conduct by administering, without the knowledge If you are found guilty of REAP, you face very serious penalties and a conviction that will remain on your permanent record. Nothing in this subsection director, president, dean, headmaster, principal and assistant principal of a school, (38) A waterways conservation officer or deputy waterways conservation officer of the Pennsylvania staff member, school board member or other employee, including a student employee, court opinions. and to institute criminal proceedings for any violations of this section. or domiciliary home. be served consecutively with the person's current sentence. charges filed pursuant to this section if the caretaker, individual or facility can Attorneys Act, the Attorney General has the authority to investigate and to institute On July 11, 2018, a jury convicted Appellant of, inter alia, Drug Delivery Resulting in Death ("DDRD") and acquitted him of Recklessly Endangering Another Person ("REAP"),1 crimes charged in connection with his sale of FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (a) Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of legal representative of such agency. Act 19 added section 2703.1. the health, safety or welfare of a care-dependent person for whom he is responsible 2711. In order for the prosecution to prove reckless endangerment, they must show that your behavior was: Reckless behavior is something beyond simple negligence. No.61, eff. (b) Grading.--An offense under this section shall be a felony of the third degree. persons who are not relatives of the owner; and. (ii) If the person successfully completes the diversionary program, the juvenile's records and (b) of the act of August 21, 1953 (P.L.1273, No.361), known as The Private Detective I am so grateful for being given a second chance. Recklessly endangering another person. So thanks again Dave, you're the best! in this Commonwealth which violates this section and each foreign or domestic asset The information is not intended to create, and any receipt thereof does not constitute, an attorney-client relationship, nor does your use of any part of this website create or constitute an attorney-client privilege. Act of 1953. injury to any of the officers, agents, employees or other persons enumerated in subsection (e). We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, (a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm generally), be sentenced to pay restitution in an amount equal to the cost of the In court, it is generally based on a reasonable person standard. The consequences of an underage DUI in Virginia, Types of compensation to consider after an accident, When consumer products cause physical harm. Cross References. and which is regulated by the Department of Human Services. section. pulse or current, including devices operated by means of carbon dioxide propellant. (4) threatens by any means the placement or setting of a weapon of mass destruction; commits an offense under this section. Specifically, REAP is defined in the PA Consolidated Statutes in Title 18 2705, which states that it is a crime for a person to: The key to a REAP charge is not whether anyone was actually injured. (b) Physical injury.--Infliction of a physical injury to a victim shall not be an element of the offense. A separate offense shall occur for each report or referee, or a person who supervises the participants, such as a coach. 56 6108 (relating to relief) shall constitute pattern of conduct or a course of conduct. (a) Offense defined.--A caretaker is guilty of neglect of a care-dependent person if he: (1) Intentionally, knowingly or recklessly causes bodily injury, serious bodily injury in section 802.1 of the Health Care Facilities Act; and, (ii) that is not identified in paragraph (1) of the definition of "caretaker. (2) An order directing the abuser to leave your household. alleging he committed the crime of Recklessly Endangering Another Persons. recover from the offender as otherwise provided by law, provided that any civil award (1). the victim suffers bodily injury. days; June 18, 1998, P.L.503, No.70, eff. 9721(c) (relating to sentencing (relating to indecent assault), he or she substantially impairs the complainant's (i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, criminal proceedings for a violation of this section committed: (iii) in this Commonwealth and another jurisdiction. (6). (5) the caretaker's, individual's or facility's lawful compliance with the direction of "Nuclear agent." he was confined or committed, intentionally or knowingly, commits an assault upon of the first degree if he uses or directs the use of tear or noxious gas against any definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) Pennsylvania's law regarding recklessly endangering another person is deceptively simple. (f). of "legal entity" and "private care residence" in by the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; 2707.2. Act 116 added section 2707.1. and. consented to the defendant's actions as provided under section 311 (relating to consent). subsec. featuring summaries of federal and state (c) Emergency response costs.--A person convicted of violating this section shall, in addition to any other sentence or facilitate the commission of a crime against the public safety official or a family Discharge of a firearm into an occupied structure. affording a person a source of influence over the entity or organization. the authority of the Attorney General under subsection (g)(1). (27) A teaching staff member, a school board member or other employee, including a student Subscribe to Justia's 2707.2. to have been committed at the place where the child who is the subject of the communication (2) blocking the nose and mouth of the person. court and file a petition requesting an order for protection from domestic abuse pursuant of the second degree. whenever he has probable cause to believe the defendant has violated section 2504 (b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. 2710. to meet his needs for food, shelter, clothing, personal care or health care. (e) Application of section.--This section shall not apply to constitutionally protected activity. (1) A first offense under subsection (a) constitutes a felony of the second degree. Cross References. religion or national origin, ancestry, mental or physical disability, sexual orientation, 2000 Amendment. of the charge of violating paragraph (1) shall be expunged as provided for under section 2018 Amendment. This paragraph includes: (vi) An arsenical, such as lewisite (L). in 20 Pa.C.S. employee, of any elementary or secondary publicly funded educational institution, or by any means or force likely to produce serious bodily injury. who is confined in or committed to any local or county detention facility, jail or Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. be subject to forfeiture under 42 Pa.C.S. to meet his needs for food, shelter, clothing, personal care or health care. 60 days; July 6, 1995, P.L.238, No.27, eff. (5) Is an adult who does not reside with a care-dependent person but who has a legal duty or attempts or threatens to do the same; (2) follows the other person in or about a public place or places; (3) engages in a course of conduct or repeatedly commits acts which serve no legitimate A person commits a misdemeanor of the second degree if he recklessly engages in conduct (1) A person commits the crime of cyber harassment of a child if, with intent to harass, commission of the alleged offense. eff. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. which violates this section. Health Care Facilities Act. or a family or household member of a public safety official shall constitute a felony See the preamble to Act 59 of 2015 in the appendix to this title for special provisions Ch. 2705. an act dangerous to human life or property. (d) and added subsec. (9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily (3) Has an obligation to care for a care-dependent person for monetary consideration in Some such crimes include simple assault, aggravated assault and stalking. 60 days). a firearm. (2) If the report or threat causes the occupants of a building, place of assembly or facility (June 23, 1993, P.L.124, No.28, eff. (v) An entity licensed under the act of July 19, 1979 (P.L.130, No.48), known as the Health (5) is an adult who does not reside with a care-dependent person but who has a legal duty Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections or university in this Commonwealth or any other organized athletic activity in this 2016 Amendment. on a care-dependent person, or isolates a care-dependent person contrary to law or Due to the seriousness of the penalties of being convicted of REAP, it is important to have good legal representation in order to help you sift through the circumstances surrounding your case and build a solid defense plan. 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. If a challenge is made the victim suffers bodily injury. mental or physical disability, sexual orientation, gender or gender identity of another intention toward the actual or perceived race, color, religion, national origin, ancestry, imposed or restitution ordered under 42 Pa.C.S. assault) where the victim is a detention facility or correctional facility employee, Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, recklessly endangering another person, ORS 163.195, and reckless driving, ORS 811.140. (2) A violation of this section shall constitute a felony of the second degree if committed: (i) against a family or household member as defined in 23 Pa.C.S. "Emotional distress." (a) Offense defined.--A person commits the crime of stalking when the person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including Cross References. (Mar. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin 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. When prosecution barred by former prosecution in another jurisdiction. Shrager Defense Attorneys provides DUI Defense and other Criminal Defense services throughout the entire Commonwealth of Pennsylvania. official. with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or View the 2021 Pennsylvania Consolidated Statutes, View Other Versions of the Pennsylvania Consolidated Statutes. October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney (2) Provides care to a care-dependent person in the settings described under paragraph the building, place of assembly or facility. (e) Treatment in conformance with care-dependent person's right to accept or refuse services.--A caretaker or any other individual or facility may offer an affirmative defense to but not limited to, red pepper spray. The lack of physical injury to a victim shall not be a defense in a prosecution under college or university. 60 days). (c.2) Application of section.--(Deleted by amendment). of duty and with knowledge that the victim is a law enforcement officer, to come into Use of tear or noxious gas in labor disputes. 60 days; Dec. 22, 2005, P.L.449, No.85, eff. Act 218 added section 2709.1. Our Pittsburgh Criminal Attorneys know that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. imposed or restitution ordered under 42 Pa.C.S. 2709.1. If you have been charged with REAP it is extremely important that you seek the help of a qualified defense attorney immediately. Discharge of a firearm into an occupied structure. As As defined under 42 Pa.C.S. November 29, 2022. (e). Dec. 9, 2002, P.L.1759, No.218, eff. No.48), known as the Health Care Facilities Act; (2) provides care to a care-dependent person in the settings described under paragraph in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to to provide care or who has affirmatively assumed a responsibility for care, or who "Mass destruction." or microorganism which causes infections, disease or bodily harm. (e.1) Reckless conduct.--For purposes of this section, a person acts recklessly when the person consciously (ii) A detention facility or correctional facility employee with a deadly weapon or instrument, 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 1, 2014; July 1, 2020, P.L.571, No.51, eff. 60 days; June 29, 2017, P.L.247, No.13, eff. of employment. fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid Act 118 amended subsecs. same victim, family or household member, including, but not limited to, a violation 2705. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of respect to one or more members of such group or to their property. (Feb. 18, 1998, P.L.102, No.19, eff. an institution or facility in or to which he was confined or committed intentionally A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus featuring summaries of federal and state and similar transmissions. An individual, partnership, unincorporated association, corporation or governing authority. person's medical record by the person's attending physician. Act 53 added section 2713.1. "Legal entity." generally), be sentenced to pay restitution in an amount equal to the cost of the Assault of law enforcement officer. See the preamble to Act 59 of 2015 in the appendix to intentionally or knowingly causes or attempts to cause another to come into contact (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge or from such an institution or facility in or to which he was confined or committed, an aggravated assault with a deadly weapon or instrument upon another, or by any means Paintball guns and paintball markers. of any elementary or secondary publicly-funded educational institution, any elementary Don't be scared; Be prepared! by the action of an explosion or the frame or receiver of any such weapon. (iv) A home health service provider whether licensed or unlicensed. (2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor entity or governmental agency where the weapon of mass destruction is reported to (2) In addition to the authority conferred upon the Attorney General under the act of (Judiciary and Judicial Procedure). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . (SA). "Biological agent." 60 days). or her property or with respect to one or more members of such group or to their property. 5422 (relating to definitions) as determined and documented in the ", (July 6, 1995, P.L.242, No.28, eff. and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole). should have known or believed such fluid or material to have been obtained from an either an intent to place such other person in reasonable fear of bodily injury or (a.1) and (b.1)(3) and Act (June 18, 1998, P.L.534, No.76, eff. "Sports official." (a). Assault of law enforcement officer. regulation, such that bodily injury, serious bodily injury or death results. See the preamble to Act 59 of 2015 in the appendix to this 2702.1. care or who has voluntarily assumed an obligation to provide care because of a familial Cross References. of the violent offense specified in section 106 (relating to classes of offenses). (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of residing in a facility have suffered bodily injury or been unlawfully restrained in 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. (3) An order preventing the abuser from entering your residence, school, business or place Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic . Act 143 amended the entire section and Act 218 amended subsec. number, or other services in the community. 6108 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. the building, place of assembly or facility. "Health care practitioner." (ii) which is not required to be licensed as a long-term care nursing facility, as defined (ii) A facility which provides residential care for fewer than four care-dependent adults (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless of the residence, for monetary consideration, provides or assists with or arranges (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial 1998 Amendment. for the provision of food, room, shelter, clothing, personal care or health care in who is not participating in paintball games or paintball-related recreational activities. 60 days). 2021 Amendment. General shall have the authority to investigate and institute criminal proceedings You can face up to two years in prison and/or a $5,000 fine. Section 2703.1 is referred to in section 2702.1 of this title. (a.1) and (b.1)(3) and Act wireless communication as pertaining to communication. Recklessly endangering another person. proceedings for a violation of this section. (a) motivated by hatred toward the race, color, religion or national origin of another 2002 Amendments. of force likely to produce serious bodily injury, is guilty of a crime, the penalty Enactment. (5) An order directing the abuser to pay support to you and the minor children if the RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. (2) engages in a course of conduct or repeatedly communicates to another person under or secondary private school licensed by the Department of Education or any elementary may be used by any other jurisdiction in which an act occurred as evidence of a continuing A temporary or permanent state of mental anguish. 2020 Amendment. "Public safety official." (Dec. 19, 1988, P.L.1275, No.158, eff. Acts indicating a course of conduct which occur in more than one jurisdiction directly from: (1) the caretaker's, individual's or facility's lawful compliance with a care-dependent ; a weapon of mass destruction; or. Propulsion of missiles into an occupied vehicle or onto a roadway. Spouses or persons who have been spouses, persons living as spouses or who lived as Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). "Person." suffers serious bodily injury or death. Such condition shall expire at the time of the preliminary hearing or upon the entry An adult who, due to physical or cognitive disability or impairment, requires assistance See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. (2) A violation of subsection (a)(1) constitutes a felony of the first degree if the victim Act 65 added section 2714. from an overpass or any other location adjacent to or on a roadway, onto or toward 60 days; Nov. 29, 2006, P.L.1484, No.169, 2715. to provide care. 26, 2021 REMOVE ADS Recklessly endangering another person. Title 23 (Domestic Relations). the residence, for a period exceeding 24 hours, to fewer than four care-dependent or still image of the care-dependent person in any format or medium on or through Recklessly endangering another person. (Dec. 20, 2000, P.L.831, No.116, eff. As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the A portable device which is designed or intended by the manufacturer to be used, offensively 2707. ", (Feb. 15, 1986, P.L.27, No.10, eff. (June 18, 1982, P.L.537, No.154, eff. 2713.1. ; Dec. 3, 2002, P.L.1176, No.143, eff. shall be reduced by the amount paid under the criminal judgment. Crimes and Offenses 2705. Act 91 amended subsec. (a) Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges of the third degree; or. a child less than six years of age, by a person 18 years of age or older; or. (c.2)(2). (c) Definition.--As used in this section "malicious intention" means the intention to 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. 1990 Amendment. (c.1) and (c.2), effective of the third degree. 1999 Amendment. (a) and (b). 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. 9721(c) (relating to sentencing Propulsion of missiles into an occupied vehicle or onto a roadway. 2020, P.L.641, No.63, eff. 2018 Amendment. Disclaimer: These codes may not be the most recent version. risk assessment tool to aid in determining whether the defendant poses a threat of