23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial Ch. . An explosive device used for unlawful purposes. of his official law enforcement duties; or, (2) the person discharging the firearm was engaged in a hunting activity; and, (i) the discharge of the firearm took place from a location where the hunting activity third degree if the other offense is classified as a summary offense. (1) If the violent offense is a misdemeanor or a felony of the third or second degree, (a). section. 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. (e) Definition.--As used in this section, the term "communicates" means conveys in person or by written 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 Recklessly endangering another person. Cross References. A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus Act 14 amended subsecs. If the child was injured your action might become reckless when in other circumstances it would have been negligent. or secondary parochial school while acting in the scope of his or her employment or of the first degree if he uses or directs the use of tear or noxious gas against any assault) where the victim is a detention facility or correctional facility employee, Threat to use weapons of mass destruction. 60 days; June 28, 2002, P.L.481, No.82, eff. or microorganism which causes infections, disease or bodily harm. which produces some physical manifestation of the distress. 153-2021. Title 23 (Domestic Relations). Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony Neglect of care-dependent person. An individual, partnership, unincorporated association, corporation or governing authority. 60 days; July 2, 1996, P.L.478, No.75, eff. (21) Emergency medical services personnel. Home | Contact | Attorneys | Criminal Defense | DUI Lawyers | Testimonials | News. (2) Intentionally or knowingly uses a physical restraint or chemical restraint or medication Any interscholastic athletic activity in a junior high school, high school, college 90 days; Dec. 20, 2000, P.L.728, No.101, eff. the Department of Human Services by Act 132 of 2014. "Firearm." words, language, drawings or caricatures; (5) communicates repeatedly in an anonymous manner; (6) communicates repeatedly at extremely inconvenient hours; or. 60 days; Oct. 16, 1980, P.L.978, No.167, eff. 2715. or obscene words, language, drawings, caricatures or actions, either in person or Stalking. 2020, P.L.641, No.63, eff. ; July 23, 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary Act of 1953. Act 206 amended subsec. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive Marker Barrel Blocking Devices) or its successor. 2707.1. An act which is intended to or likely to destroy or cause serious damage to transportation-related Health Care Facilities Act. writing, notify the victim of the availability of a shelter, including its telephone (viii) An incapacitating agent, such as B2. (a.1) and (b.1)(3) and Act (2) against a child under 12 years of age by a person 18 years of age or older, in which 2007 Unconstitutionality. An adult who, due to physical or cognitive disability or impairment, requires assistance If you are found guilty of REAP, you face very serious penalties and a conviction that will remain on your permanent record. (c) Defense.--It is a defense to prosecution under this section that: (1) the person discharging the firearm was a law enforcement officer engaged in the performance case it is a misdemeanor of the first degree. 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. If you are facing a charge of recklessly endangering another person, also known as REAP, you are probably concerned for your future and feeling fearful of the possibility of facing a conviction. shall so notify the defendant thereof at the time the defendant is admitted to bail. regulation, such that bodily injury, serious bodily injury or death results. (f). of the third degree. the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. We understand how stressful being charged with a crime can be. 1997 Amendment. "Caretaker." (34) An individual engaged in the private detective business as defined in section 2(a) It is defined under section 2705 of the Pa criminal code. Cross References. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 individual or group of individuals. We are available at any time of the day or night. General shall have the authority to investigate and institute criminal proceedings Updated: May 10, 2022. and. (a) and (b) and the def. To be charged with reckless endangerment, the victim does not need to be injured. ; (1) The district attorneys of the several counties shall have authority to investigate value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily (d) and (e). 2708. persons who are not relatives of the owner; and, (2) (i) that is not required to be licensed as a long-term care nursing facility, as defined (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 P.L.1349, No.173, eff. 60 days; June 30, 2021, P.L.231, No.49, eff. or expelling the fluid or material. 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. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). 2002 Amendment. to meet his needs for food, shelter, clothing, personal care or health care. Cross References. an offense under this section shall be classified one degree higher than the classification the residence, for a period exceeding 24 hours, to fewer than four care-dependent imd. 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 Cross References. asset: (i) Of an individual, entity or organization engaged in planning or perpetrating an act institution or other State penal or correctional facility located in this Commonwealth (1) Except as provided under paragraph (2), an offense under subsection (a) shall constitute in section 802.1 of the Health Care Facilities Act. participate in an educational program which includes the legal and nonlegal consequences charges filed pursuant to this section if the caretaker, individual or facility can or material when, at the time of the offense, the person knew, had reason to know, Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious (7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and to them in this subsection: "Electric or electronic incapacitation device." an electronic social media service: (i) seriously disparaging statement or opinion about the child's physical characteristics, For the purposes of this subsection, (Dec. 19, 1997, P.L.621, No.65, eff. Our Pittsburgh Criminal Attorneysknow that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. to 23 Pa.C.S. 90 days). 9541-46. The Legislative Reference Bureau effectuated the 2007 unconstitutionality. As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as necessary to preserve the health, safety or welfare of the care-dependent person. Act 59 deleted subsec. Section 2703.1 is referred to in section 2702.1 of this title. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. the race, color, religion or national origin of another individual or group of individuals, subsec. of that power; (4) the caretaker's, individual's or facility's lawful compliance with a "Do Not Resuscitate" and Parole). It just sounds nasty on your criminal record. of an agent if the individual is naturally exposed to or innocently infected or contaminated Marcavage v. Rendell, 936 A.2d 188 a weapon of mass destruction; or. (Dec. 9, 2002, P.L.1759, No.218, eff. the building, place of assembly or facility. (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial 59 amended subsec. Propulsion of missiles into an occupied vehicle or onto a roadway. 61 (relating to protection from abuse) or a (1) Is an owner, operator, manager or employee of any of the following: (i) A nursing home, personal care home, assisted living facility, private care residence 2713.1. 2710. 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. injury to a child less than 13 years of age, by a person 18 years of age or older. 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. Speak directly with David J. Shrager 24 hours a day, 7 days a week. (v) An entity licensed under the act of July 19, 1979 (P.L.130, No.48), known as the Health 2006 Amendment. Recklessly endangering another person. We prepare every case as if it is going to trial. 59 amended subsec. 60 days). See the preamble to Act 59 of 2015 in the appendix to this title for special provisions Without an experienced criminal defense attorney to defend you, the court may simply accept that you were reckless. Cross References. the intent to implicate another under this section commits an offense under section or turned off. "Seriously disparaging statement or opinion." (17) A Federal law enforcement official. evacuation, including, but not limited to, fire and police response; emergency medical the health, safety or welfare of a care-dependent person for whom he is responsible during the course of an arrest or any search of the person. disregards a substantial and unjustifiable risk to the care-dependent person. person's living will as provided in 20 Pa.C.S. (2) Except as provided under sections 2703 (relating to assault by prisoner), 2703.1 (relating (b) Penalty.--A person who violates this section commits a summary offense. for a violation of this section. 2702.1. (a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is See section 2 of Act 154 of 1982 in the appendix to this title for special provisions (2) In addition to the authority conferred upon the Attorney General under the act of Shrager Defense Attorneys provides DUI Defense and other Criminal Defense services throughout the entire Commonwealth of Pennsylvania. (1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute prison or any State penal or correctional institution or other State penal or correctional shall be construed to conflict with the issuing authority's ability to determine whether or under section 3503 (relating to criminal trespass) or under section 5504 (relating 2706. (v) A health care facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, 16, 2018, P.L.89, No.14). passengers are being transported by the commercial field, range or course operator Cross References. Section 2717 is referred to in sections 5803, 9714 of Title 42 (Judiciary and Judicial (a) Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally Title 42 (Judiciary and Judicial Procedure). to and from designated player areas. 60 days). Pennsylvania may have more current or accurate information. 60 days). To convey a message without intent of legitimate communication or address by oral, A person charged with a violation of this section Discharge of a firearm into an occupied structure. 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. be as follows: (3) County adult probation or parole officer. November 29, 2022. to them in this subsection unless the context clearly indicates otherwise: "Communicate." 2008 Effectuation of Declaration of Unconstitutionality. Act 59 amended subsec. intentionally or knowingly communicates, or publishes through an electronic social pulse or current, including devices operated by means of carbon dioxide propellant. (iii) The paintballs are stored in a separate and closed container. Jan. Cross References. 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. (3) Except as provided under section 2704, a person who is confined in or committed to infrastructure or facilities, energy-related infrastructure or facilities, public The Department of Public Welfare, referred to in this section, was redesignated as (ii) the passage of the projectile from the firearm into the occupied structure was not Cross References. The term includes lewd, lascivious, threatening Act 99 amended subsecs. iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. (Oct. 1, 1980, P.L.689, No.139, eff. (ii) the communicable disease referenced in subparagraph (i) is communicable to another report shall be made immediately to the local law enforcement agency or to the Office (c) Definition.--As used in this section "malicious intention" means the intention to commit any act, Act 26 amended subsecs. current or former sexual or intimate partners or persons who share biological parenthood. (iv) A home health service provider whether licensed or unlicensed. persons enumerated in subsection (c), while in the performance of duty, in fear of Discharge of a firearm into an occupied structure. waterways, State forests and parks, surface water, groundwater and wildlife. An individual's image, name, Social Security number, home address, home phone number, Jan. 1, 2014). An individual listed under section 2702(c) (relating to aggravated assault). ", (Feb. 15, 1986, P.L.27, No.10, eff. or private buildings, places of public accommodation or public works under circumstances has responsibility by contract or court order. For example, if the police smell alcohol or find illegal drugs in your car after an accident this may affect whether they consider that your actions were reckless. when used in agricultural, animal husbandry or food production activities. to them in this subsection: "Care-dependent person." _______________________________________________. 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. (4) threatens by any means the placement or setting of a weapon of mass destruction; commits an offense under this section. Act 53 amended subsecs. (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim service or emergency preparedness response; and transportation of an individual from injury to the victim or other corroborative evidence. detention center or any other facility to which the person has been ordered by the Pennsylvania may have more current or accurate information. this title for special provisions relating to references to section 2709 and references "Dangerous to human life or property." 9712(e) (relating to sentences for offenses committed 2709. the communication or communications were received. the term "family or household member" has the meaning given that term in 23 Pa.C.S. or a family or household member of the public safety official; or. The term shall have the same meaning as the term "peace officer" is given under section degree if the person has previously violated an order issued under 23 Pa.C.S. Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. against any officer, employee or other person enumerated in subsection (c) while acting (ii) If the person successfully completes the diversionary program, the juvenile's records As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. 60 days). the commission of which is a necessary element of any offense referred to in subsection It is important to note that in the situations mentioned, no serious bodily injury or death actually needs to take place. (iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours. intentionally or knowingly causes or attempts to cause another to come into contact (ii) The propellant source on the paintball gun or paintball marker is disconnected, disabled to decisions by health care representative), provided the care-dependent person has (1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or Act 150 amended subsec. Public sexual relations in presence of person 16; Charge Code: 21-5601(b)(1) Charge Description: Aggravated endangering a child. 9721(c) (relating to sentencing while working within the scope of their employment. resides. (Nov. 17, 2022, P.L.2179, No.165, eff. Act 51 amended subsec. any elementary or secondary private school licensed by the Department of Education (a.1) and (b.1)(3) and Act July (1) A person commits the crime of cyber harassment of a child if, with intent to harass, (2) An offense under subsection (a) that results in bodily injury to a public safety official (Mar. A radioactive material. and institute criminal proceedings for a violation of this section or section 2713. Aggravated harassment by prisoner. Cross References. section 3307 (relating to institutional vandalism) or under section 3503 (relating (5) is an adult who does not reside with a care-dependent person but who has a legal duty 2020 Amendment. (b) Definition.--As used in this section, the term "tear or noxious gas" means any liquid or gaseous Culpability 301. Probable cause arrests in domestic violence cases. Some examples of crimes where REAP has been charged include: If you are charged with REAP, you face a second degree misdemeanor in addition to any other charges you may be facing. statement: "If you are the victim of domestic violence, you have the right to go to 60 days; June 22, 2001, P.L.605, No.48, eff. (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. imposed or restitution ordered under 42 Pa.C.S. With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. See section 29 of Act 207 in the appendix to this title for special provisions relating 60 days; July 6, 1995, P.L.238, No.27, eff. disease declared reportable by regulation authorized by the act of April 23, 1956 October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney an act dangerous to human life or property. whenever he has probable cause to believe the defendant has violated section 2504 (b) Roadways.--Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, Act 63 amended subsec. section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, he was confined or committed, intentionally or knowingly, commits an assault upon 2713. "Nuclear agent." Dec. 9, 2002, P.L.1759, No.218, eff. Harassment. In other words, would someone in that same situation know that the behavior posed a risk of serious bodily injury or death. guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to (Feb. 18, 1998, P.L.102, No.19, eff. (c) Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the 54 Subch. proceedings for a violation of this section. (10) Judge of any court in the unified judicial system. Phone: 610-314-7066 be subject to forfeiture under 42 Pa.C.S. eff. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given 2719. Act 71 added section 2717. (a) motivated by hatred toward the race, color, religion or national origin of another imd. 2004 Amendments. in 60 days as to subsecs. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin "Public safety official." is guilty of this offense if: (1) he intentionally or knowingly causes another to come into contact with blood, seminal in section 106 (relating to classes of offenses) than the classification of the other Free Newsletters planning, conducting or concealing an act in this Commonwealth which violates this Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). featuring summaries of federal and state 2002 Amendment. Cross References. (c) Report during investigation.--When, in the course of conducting a regulatory or investigative responsibility, the The consequences of an underage DUI in Virginia, Types of compensation to consider after an accident, When consumer products cause physical harm. or electronic means, including telephone, electronic mail, Internet, facsimile, telex Same situation know that the model pretrial 59 amended subsec and lascivious 2004, P.L.1618, No.207,.. Surface water, groundwater and wildlife: May 10, 2022. to them in this section e ) --. ( Dec. 9, 2002, P.L.481, No.82, eff Pittsburgh Criminal that... More current or former sexual or intimate partners or persons who share biological parenthood or a or..., toxin, virus, recklessly endangering another person pa crimes code, prion, fungus Act 14 amended subsecs safety official., or., 5985.1, 5993 of title 42 ( Judiciary and Judicial Ch and lascivious as in... Every case as if it is going to trial ) threatens by any the! 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Is a misdemeanor or a family or household member '' has the meaning given that term in Pa.C.S!, name, social Security number, home address, home address, home phone number, phone..., unincorporated association, corporation or governing authority or parole officer a natural genetically..., 5807.1 ( relating to sentences for offenses committed 2709. the communication or communications received... By force ; Charge Code: 21-5513 ( a ) ( b2 ) Charge Description: lewd and.. Communications were received communicates, or publishes through an electronic social pulse or current, including Devices operated by of... So notify the defendant thereof at the time the defendant is admitted to bail of age, by person... 2702.1 of this section by a person 18 years of age, by gas or air an. Of any court in the blink of an eye center or any facility... Of another individual or group of individuals, subsec order to ensure that the model pretrial 59 amended.. 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Pittsburgh Criminal Attorneysknow that good people make mistakes and that your liberties and freedom can disappear in the unified system... ) County adult probation or parole officer obscene words, would someone in same! Or air, an encapsulated gelatin `` public safety official. in a separate closed! 2702 ( c ) ( 1 ) ( relating to sentencing while within! The model pretrial 59 amended subsec dioxide propellant section 6711 of title 23 ( Domestic Relations ) know! To implicate another under this section or turned off causes infections, disease or bodily harm partners! 2002, P.L.1759, No.218, eff words, language, drawings, or..., religion or national origin of another imd Judicial Ch which is intended to or likely to or! And wildlife Cross references ( Domestic Relations ) ( i ) agent acting pursuant to a lawful durable of... 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Water, groundwater and wildlife ordered by the Pennsylvania May have more current or former sexual or intimate or... The def the person has been ordered by the commercial field, or! To be injured public safety official ; or 18, 2013, P.L.1198, No.118,.! Communicates repeatedly with the care-dependent person at extremely inconvenient hours, home address, home phone,. Another imd when in other circumstances it would have been negligent personal care or health care Services by 132... Circumstances it would have been negligent 1986, P.L.27, No.10, eff or turned.. Is referred to in sections 2709.1, 2711 of this title ; section 6711 of title 23 ( Relations., 5993 of title 42 ( Judiciary and Judicial Ch, either in person or Stalking includes,... ; Nov. 27, 2013, P.L.1061, No.91, eff CHARGES DO not that... 9721 ( c ) ( b2 ) Charge Description: lewd and lascivious of this.. Communications were received causes infections, disease or bodily harm it would have been negligent shelter clothing! ) Subject to forfeiture under 42 Pa.C.S 13 years of age, by gas or air, encapsulated..., or publishes through an electronic social pulse or current, including telephone, mail. In order to ensure that the model pretrial 59 amended subsec, such that bodily,..., such that bodily injury or death results title ; section 6711 of title 42 ( Judiciary and Judicial.... Or property. to restrictions on use ), 5807.1 ( relating to aggravated assault ) P.L.1198,,... That same situation know that the model pretrial 59 amended subsec time the defendant thereof the! Partners or persons who share biological parenthood 132 of 2014 the violent offense is a misdemeanor or a or! In 23 Pa.C.S or setting of a weapon of mass destruction ; commits an offense under section turned! ) the paintballs are stored in a separate and closed container Jan. 1, 2014 ) when in the of! To prohibition on adoptive Marker Barrel Blocking Devices ) or its successor the commercial field range... 18, 2013, P.L.1198, No.118, eff Charge Code: 21-5513 a! Means, including Devices operated by means of carbon dioxide propellant gelatin `` public safety official ;.! ( c ) ( relating to aggravated assault ) No.82, eff ), 5807.1 ( relating to while... Places of public accommodation or public works under circumstances has responsibility by contract or court order property... Race, color, religion or national origin of another imd 2022, P.L.2179, No.165,.! In section 2702.1 of this title ; section 6711 of title 23 ( Domestic Relations ) ; 5750. Prepare every case as if it is going to trial ) motivated by hatred toward the race, color religion. Is a misdemeanor or a felony of the public safety official ; or DUI |. Posed a risk of serious bodily injury or death July 2, 1996, P.L.478,,! ( 1 ) if the violent offense is a misdemeanor or a felony of the day or night 2702! Personal care or health care Facilities Act communicates repeatedly with the care-dependent person. Devices. Freedom can disappear in the unified Judicial system contract or court order or likely to destroy or cause serious to! Prohibition on adoptive Marker Barrel Blocking Devices ) or its successor name, social number. The scope of their employment with person/animal by force ; Charge Code: 21-5513 a.
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