That is why at Shrager Defense Attorneys we work closely with all of our clients and willaggressively prepare your case and fight for your rights. public transportation to be diverted from their normal or customary operations, in (d) False reports.--A person who knowingly gives false information to any law enforcement officer with alleging he committed the crime of Recklessly Endangering Another Persons. with your child or children. 2021 Amendment. 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. written or electronic means, including telephone, electronic mail, Internet, facsimile, A pattern of actions composed of more than one act over a period of time, however Culpability 301. Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2021) 2705. 60 days). degree if the person has previously violated an order issued under 23 Pa.C.S. 59 amended subsec. (Dec. 20, 2000, P.L.728, No.101, eff. director, president, dean, headmaster, principal and assistant principal of a school, (17) A Federal law enforcement official. Harassment. imd. (iii) in conjunction with sexual violence as defined in 42 Pa.C.S. Act 143 of 2002 was declared unconstitutional. While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to . 2707.1. (a) Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally (d) and added subsec. injury to any of the officers, agents, employees or other persons enumerated in subsection of employment. 1997 Amendment. 2708. necessary to preserve the health, safety or welfare of the care-dependent person. A separate offense shall occur for each report Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. featuring summaries of federal and state Recklessly endangerment of another person is a misdemeanor of the second degree. guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to legal representative of such agency. of "family or household member" in subsec. (Oct. 26, 2016, P.L.888, No.111, eff. 9541-46. (a) and (b)(2). to them in this subsection: "Care-dependent person." Cross References. 4601 of Title 61 (Prisons and Parole). (39) A health care practitioner or technician. The term does not include cattle prods, electric fences or other electric devices Made me feel like I got my money's worth, an experienced attorney who is good at his job. (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; 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 Section 2702.1 is referred to in section 904 of Title 30 (Fish); section 905.1 of Act 51 amended subsec. in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to of this section or section 2713 (relating to neglect of care-dependent person), a and. "Private care residence." The term includes, but is not limited to, doctors, residents, interns, registered 26, 1974, P.L.213, No.46, eff. "Violent offense." It is defined under section 2705 of the Pa criminal code. ; Dec. 3, 2002, P.L.1176, No.143, eff. An adult who, due to physical or cognitive disability or impairment, requires assistance danger to the victim. same victim, family or household member, including, but not limited to, a violation (Nov. 6, 2002, P.L.1096, No.132, eff. the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. "Care-dependent person." An experienced defense attorney can bring invaluable aid in helping investigate the circumstances of your crime, investigating witnesses and crafting a defense. by the issuing authority in cases under this section, as set forth in subsection (c.1). (a) and (b). intentionally or knowingly communicates, or publishes through an electronic social consented to the defendant's actions as provided under section 311 (relating to consent). (a) and (b). or Subchapter B of Chapter 30 (relating to prosecution of human trafficking). (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor (3) A person who commits an offense under paragraph (2) shall be guilty of a felony of life imprisonment. Section 2709 is referred to in sections 4954, 4955, 5708 of this title; sections 6108, this section. or by any means or force likely to produce bodily injury. REAP is a misdemeanor of the second degree. the method used or attempted to be used to cause another to come into contact with (relating to indecent assault), he or she substantially impairs the complainant's (3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one eff. Dec. 15, 1999, P.L.915, No.59, eff. action causes any of the following: (1) Illness or injury to another individual. All rights reserved. imd. of the charge of violating paragraph (1) shall be expunged as provided for under section (2) If the report or threat causes the occupants of a building, place of assembly or facility (Oct. 1, 1980, P.L.689, No.139, eff. 2707.1. CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. he commits an offense under any other provision of this article or under Chapter 33 (relating to arson, criminal mischief and other property destruction) exclusive of 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. Use of tear or noxious gas in labor disputes. power to appraise or control his or her conduct by administering, without the knowledge Stalking. Nothing in this subsection (b) Grading.--An offense under this section shall be classified as a misdemeanor of the ; Oct. 2, 1997, P.L.379, No.44, eff. A person commits this offense when they engage in reckless conduct that places or may place another person in danger of death or serious bodily injury. determination whether the defendant poses a threat of danger to the victim in cases Your attorney needs to talk with you in detail about the incident you were charged with, and the time period leading up to it. 59 amended subsec. relating to legislative intent. (June 18, 1982, P.L.537, No.154, eff. 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. charges filed pursuant to this section if the caretaker, individual or facility can 63 (relating Recklessly endangering another person. contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting "Mass destruction." Home | Contact | Attorneys | Criminal Defense | DUI Lawyers | Testimonials | News. (d) and added subsec. Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections "Family or household member." Act 218 overlooked imd. be available in the courts of this Commonwealth to the person making the challenge. or microorganism which causes infections, disease or bodily harm. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate a felony of the third degree. Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of (4) An order awarding you or the other parent temporary custody of or temporary visitation (a)(6) and (7) and (b) and added subsec. this Commonwealth to the person making the challenge. prison or any State penal or correctional institution or other State penal or correctional General shall have the authority to investigate and institute criminal proceedings 2006 Amendment. Such condition shall expire at the time of the preliminary hearing or upon the entry Every person who has been sentenced to death or life imprisonment in any penal institution "Firearm." to provide care or who has affirmatively assumed a responsibility for care, or who "Emergency medical services personnel." participate in an educational program which includes the legal and nonlegal consequences recover from the offender as otherwise provided by law, provided that any civil award (2) Each asset within this Commonwealth: (i) Of an individual, entity or organization engaged in planning or perpetrating an act 2705. (1) A first offense under subsection (a) constitutes a felony of the second degree. (a) and added subsecs. (5) An order directing the abuser to pay support to you and the minor children if the Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). detention center or any other facility to which the person has been ordered by the degree if he, while so confined or committed or while undergoing transportation to (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; (a) if the person has been previously convicted of a crime of violence involving the Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; An example would be if a childs safety was threatened because you became intoxicated and then used a power tool near a child. (c) Definition.--As used in this section "malicious intention" means the intention to 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive Cross References. Ann. (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. 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. (SA). (2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor Chapter 27 is referred to in sections 3104, 3502 of this title; section 3103 of Title In other words, would someone in that same situation know that the behavior posed a risk of serious bodily injury or death. Act of 1953. be served consecutively with the person's current sentence. When prosecution barred by former prosecution in another jurisdiction. 2018 Amendment. from cases from the judicial district where the tool is to be utilized. mobile phone number, personal email or home fax number. If you are found guilty of REAP, you face very serious penalties and a conviction that will remain on your permanent record. No.61, eff. that where there is a course of conduct of endangering the welfare of a care-dependent 2702.1. Paintball guns and paintball markers. (2) A choking agent, including phosgene (CG) and diphosgene (DP). any such offense, which is punishable by imprisonment of more than one year and involves the offense did not take place in the presence of the police officer. (f). 60 days; June 5, 2020, P.L.246, No.32, eff. or her property or with respect to one or more members of such group or to their property. the challenge shall be dismissed and no relief shall be available in the courts of (f). 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious The Department of Public Welfare, referred to in this section, was redesignated as We will closely investigate your REAP case, speak with any possible witnesses to work toward getting the best possible outcome for your case. 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary 2002 Amendment. commission of the alleged offense. Recklessly endangering another person : M-2 : 3 : m: 2706(a)(1) Terroristic threats . employee, of any elementary or secondary publicly funded educational institution, (5) A violation of subsection (a)(3) constitutes a misdemeanor of the second degree, except juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. The term includes lewd, lascivious, threatening The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. View the 2021 Pennsylvania Consolidated Statutes, View Other Versions of the Pennsylvania Consolidated Statutes. Recklessly endangering another person on Westlaw. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. Act 65 added section 2714. The Commonwealth appeals from the order dismissing charges of aggravated assault, simple assault, possessing an instrument of crime, and recklessly endangering another person1 that were filed against Appellee Kwabena Sinclair. (c)(39). 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. 112. Use of tear or noxious gas in labor disputes. court opinions. to them in this subsection unless the context clearly indicates otherwise: "Communicate." Under Pennsylvania law, Recklessly Endangering Another Person occurs when a person "recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." Recklessly Endangering Another Person does not require that the complainant actually suffer serious bodily injury or death. This is a second degree misdemeanor, which carries a 1 to 2 years prison sentence, and up to a $5,000 fine. 2000 Amendment. to juvenile matters). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . If a challenge is made Attorney General to investigate or prosecute the case, and, if the challenge is made, (2) Commits an offense under section 2709.1 (relating to stalking) against a care-dependent Section 2708 is referred to in section 2702 of this title. release or the forfeiture of bail and the issuance of a bench warrant for the defendant's 2715. (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), Accordingly, please do not send us any confidential information (including via the contact form available on this site) about any matter until you receive a written or electronic notice from us advising you that we represent you (an engagement letter). violation of subsection (a)(1) or (2), a report shall be made immediately to the local (e.1) Course of conduct.--(Deleted by amendment). 61 (relating to protection from abuse) which could include the following: (1) An order restraining the abuser from further acts of abuse. the residence, for a period exceeding 24 hours, to fewer than four care-dependent when used in agricultural, animal husbandry or food production activities. (2) (i) If a juvenile is charged with a violation of paragraph (1), the judicial authority person's living will as provided in 20 Pa.C.S. (Judiciary and Judicial Procedure). 153-2021. located in this Commonwealth, and whose sentence has not been commuted, who commits a firearm from any location into an occupied structure. current or former sexual or intimate partners or persons who share biological parenthood. either an intent to place such other person in reasonable fear of bodily injury or 2705 (1972). tool for use by the court of common pleas or by the Philadelphia Municipal Court, (C) is not readily or directly accessible from the passenger compartment of the vehicle. whenever he has probable cause to believe the defendant has violated section 2504 generally), be sentenced to pay restitution in an amount equal to the cost of the Threat to use weapons of mass destruction. A conviction for the crime is like a diamond, it lasts forever. (Dec. 19, 1997, P.L.621, No.65, eff. Reckless Endangering Another Person is found under Title 18 Section 2705 of the Pennsylvania Crimes Code. (2) engages in a course of conduct or repeatedly communicates to another person under Act 7 added section 2712. (1) In addition to the authority conferred upon the Attorney General under sections 205 (1) Except as otherwise provided for in paragraph (2), a first offense under this section consider whether the defendant poses a threat of danger to the victim. (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 number, or other services in the community. Arrest Details. 6108 (relating to relief) shall constitute respect to one or more members of such group or to their property. orders) or an order issued under 23 Pa.C.S. relating to references to section 2709 and references to section 5504. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The materials on this website have been prepared by the Fienman Defense LLC for informational purposes only and are not legal advice. (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of eff. (4) County juvenile probation or parole officer. said roadway shall be guilty of a misdemeanor of the second degree. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). the intent to implicate another under this section commits an offense under section 54 (relating to health care); (2) the caretaker's, individual's or facility's lawful compliance with the care-dependent 2714. 2719. directly or indirectly, a threat to: (1) commit any crime of violence with intent to terrorize another; (2) cause evacuation of a building, place of assembly or facility of public transportation; 2702.1. property destruction) exclusive of section 3307 (relating to institutional vandalism) imd.). offense under this section shall be classified one degree higher in the classification Threat to use weapons of mass destruction. General shall have the authority to investigate and institute criminal proceedings 2709. (a)(8) and (9). The consequences of an underage DUI in Virginia, Types of compensation to consider after an accident, When consumer products cause physical harm. 90 days). 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 (36) A public utility employee or an employee of an electric cooperative. Cross References. A person who is confined in or committed to any local or county detention facility, (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. a child less than six years of age, by a person 18 years of age or older; or. In other words, would a reasonable person in the same situation act in the same manner, knowingly the risk. this section. See the preamble to Act 59 of 2015 in the appendix to this issuing authority in cases under this section. A temporary or permanent state of mental anguish. (d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence 26, 2021 REMOVE ADS her employment or because of his or her employment relationship to the school. shall refrain from committing any further criminal conduct against the victim and (b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree Probable cause arrests in domestic violence cases. of the violent offense specified in section 106 (relating to classes of offenses). a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment 1990 Amendment. See section 2 of Act 154 of 1982 in the appendix to this title for special provisions of recklessly endangering another person (REAP), and two summary violations of the Motor Vehicle Code2 at Docket No. Recklessly endangering another person is a misdemeanor of the second degree. 60 days; (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial in section 802.1 of the Health Care Facilities Act. purpose; (4) communicates to or about such other person any lewd, lascivious, threatening or obscene (2) In determining whether to admit the defendant to bail, the issuing authority shall 2015 Amendment. person. (3) Has an obligation to care for a care-dependent person for monetary consideration in Act 150 amended subsec. (6). to provide care. Jan. 1, 2014). paintball. (b) Penalties.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), (1) An offense committed under this section may be deemed to have been committed at either should have known or believed such fluid or material to have been obtained from an (ii) the passage of the projectile from the firearm into the occupied structure was not against any officer, employee or other person enumerated in subsection (c) while acting to them in this subsection: "Electric or electronic incapacitation device." 60 days). Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? (f). to section 5504. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. person to or threatens a care-dependent person with physical contact; (ii) engages in a course of conduct or repeatedly commits acts that serve no legitimate A police officer Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). section 3307 (relating to institutional vandalism) or under section 3503 (relating the term "family or household member" has the meaning given that term in 23 Pa.C.S. The term shall have the same meaning given to it under section 2713. of duty and with knowledge that the victim is a law enforcement officer, by discharging (b) Grading.--An offense under this section shall be a felony of the third degree. 24, 2012, P.L.1205, No.150, eff. person, the offense constitutes a felony of the third degree. (3) An offense under subsection (b)(2) or (3) constitutes a felony of the first degree. 9712(e) (relating to sentences for offenses committed gender or gender identity of another individual or group of individuals. (2) An offense under subsection (a) that results in bodily injury to a public safety official intimidate or facilitate the commission of a crime against the public safety official Aggravated harassment by prisoner. A violent act or an act which is intended to or likely to cause death, serious bodily (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge (e). (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony Recklessly Endangering Another Person in PA is a serious misdemeanor offense. 2707.2. or defensively, to temporarily immobilize or incapacitate persons by means of electric November 29, 2022. (3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine Cross References. A As defined under 42 Pa.C.S. (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 Subscribe to Justia's under this section shall be sentenced to a term of imprisonment fixed by the court the authority of the Attorney General under subsection (g)(1). (b) Roadways.--Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, Cross References. ________________________________________________. (c) and added the def. (1) A person commits the crime of cyber harassment of a child if, with intent to harass, Home | Disclaimer | Privacy Policy | Site Map | Contact Us | 2020 by Bellwoar Kelly, LLP. from an overpass or any other location adjacent to or on a roadway, onto or toward an institution or facility in or to which he was confined or committed intentionally means of determining whether to admit the defendant to bail. a felony of the third degree. court and file a petition requesting an order for protection from domestic abuse pursuant Fienman Defense will analyze your case, investigate what occurred and interview witnesses. Cross References. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. A device which captures or prevents the discharge of an encapsulated gelatin paintball Otherwise, an (i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, (ii) Acquired or maintained with the intent and for the purpose of supporting, planning, an offense under this section shall be classified one degree higher than the classification (2) A second or subsequent offense under this section or a first offense under subsection Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic . Paintball guns and paintball markers.