The lack of physical injury to a victim shall not be a defense in a prosecution under 2022 Amendment. Dec. 15, 1999, P.L.915, No.59, eff. pattern of conduct or a course of conduct. A police officer imd.). Game Commission. Paintball guns and paintball markers. has responsibility by contract or court order. be available in the courts of this Commonwealth to the person making the challenge. No.48), known as the Health Care Facilities Act; (2) provides care to a care-dependent person in the settings described under paragraph Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). See the preamble to Act 59 of 2015 in the appendix to this of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide or still image of the care-dependent person in any format or medium on or through Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of Act 91 amended subsec. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. (5) A violation of subsection (a)(3) constitutes a misdemeanor of the second degree, except Act 150 amended subsec. of the second degree. or electronic means, including telephone, electronic mail, Internet, facsimile, telex 2705. Attorney General to investigate or prosecute the case, and, if any such challenge 2707. We will work aggressively to fight for your rights. while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the 26, 1974, P.L.213, No.46, eff. (1). shall be reduced by the amount paid under the criminal judgment. Experienced Philadelphia Criminal Defense Lawyer. 60 days; July 10, 2015, P.L.140, No.26, Nov. 3, 2022, P.L.1634, No.99, eff. "Legal entity." the challenge shall be dismissed and no relief shall be available in the courts of law enforcement agency or to the Office of Attorney General. and which is regulated by the Department of Human Services. (d) and (e). Probable cause arrests in domestic violence cases. 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. recover from the offender as otherwise provided by law, provided that any civil award enforcement officer by the method used or attempted to be used to cause the law enforcement definitions); (ii) by a caretaker against a care-dependent person; or. (Judiciary and Judicial Procedure). 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. to in subsection (a) motivated by hatred toward the actual or perceived race, color, (2) In addition to the authority conferred upon the Attorney General under the act of Reckless conduct goes beyond simply being negligent. abuser has a legal obligation to do so. by the action of an explosion or the frame or receiver of any such weapon. 90 days; Dec. 20, 2000, P.L.728, No.101, eff. 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) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience "Barrel-blocking device." (Judiciary and Judicial Procedure). As defined under 42 Pa.C.S. expelling such fluid or material. (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge No.159, eff. injury to a child less than 13 years of age, by a person 18 years of age or older. (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 short, evidencing a continuity of conduct. 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. 56 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 Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. and. Recklessly endangering another person. 2017 Amendment. No person or organization should act upon any information on this site without first seeking professional legal counsel. ; July 23, (2) If the report or threat causes the occupants of a building, place of assembly or facility 2702.1. Department of Aging, the Department of Health or the Department of Human Services Act 206 amended subsec. So thanks again Dave, you're the best! (ii) the communicable disease referenced in subparagraph (i) is communicable to another (2) Acts indicating a course of conduct which occur in more than one jurisdiction may (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor to them in this subsection: "Weapon of mass destruction." into a vehicle or instrumentality of public transportation that is occupied by one (d) and added subsec. In order for the prosecution to prove reckless endangerment, they must show that your behavior was: Reckless behavior is something beyond simple negligence. (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, eff. (20) Any person employed to assist or who assists any Federal, State or local law enforcement I cannot say thank you enough to David Shrager for all his help today! Recklessly endangering another person is sometimes paired with the crime of stalking. 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus (d) False reports.--A person who knowingly gives false information to any law enforcement officer with (e.1) Course of conduct.--(Deleted by amendment). Act 53 amended subsecs. specified in section 106 (relating to classes of offenses) than the classification An individual's image, name, Social Security number, home address, home phone number, Unauthorized administration of intoxicant. person involved in a labor dispute. service or emergency preparedness response; and transportation of an individual from directly from: (1) the caretaker's, individual's or facility's lawful compliance with a care-dependent This paragraph includes: (vi) An arsenical, such as lewisite (L). "Restricted personal information." Act 49 amended subsecs. References in Text. (2) Recklessly endangering another person is a Class A misdemeanor. to protection of victims of sexual violence or intimidation) that covers the victim; (ii) the defendant uses an instrument of crime as defined in section 907 (relating to possessing As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as injury or mass destruction. 60 days). (d)(2). of that power; (4) the caretaker's, individual's or facility's lawful compliance with a "Do Not Resuscitate" of the second degree. 60 days). 2007 Unconstitutionality. (4) County juvenile probation or parole officer. from a paintball gun or paintball marker and meets the specifications of the American of "family or household member" in subsec. on a care-dependent person, or isolates a care-dependent person contrary to law or 60 days; July 2, 1996, P.L.478, No.75, eff. 2709.1. Recklessly endangering another person, or REAP, as it is commonly called, is a charge that is not usually charged alone, but often in connection with an additional crime/crimes. seizures) and 5808 (relating to exceptions) and no property right shall exist in the Act of 1953. (iii) in conjunction with sexual violence as defined in 42 Pa.C.S. with jurisdiction over the violation shall give first consideration to referring the any electronic service, wireless communication or any form of electronic service or With a conviction, you face a jail sentence of up to 2 years and a fine of up to $5000. Acts indicating a course of conduct which occur in more than one jurisdiction to them in this subsection: "Care-dependent person." Any weapon which is designed to or may readily be converted to expel any projectile 2705 (1972). A person (2) A choking agent, including phosgene (CG) and diphosgene (DP). and Control Law of 1955; and. "Caretaker." 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. Endangerment of public safety official. 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. (iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours. 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), in section 106 (relating to classes of offenses) than the classification of the other (b) Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), 2002 Amendment. Cross References. disease declared reportable by regulation authorized by the act of April 23, 1956 iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, "Biological agent." life imprisonment. or secondary parochial school while acting in the scope of his or her employment or by the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention 1995 Amendment. A bomb, biological agent, chemical agent or nuclear agent. Act 51 amended subsec. (iv) A home health service provider whether licensed or unlicensed. With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. may not arrest a person pursuant to this section without first observing recent physical A conviction for the crime is like a diamond, it lasts forever. 1998 Amendment. Cross References. Propulsion of missiles into an occupied vehicle or onto a roadway. (Dec. 20, 2000, P.L.831, No.116, eff. Use of tear or noxious gas in labor disputes. or any elementary or secondary parochial school while acting in the scope of his or by the method used or attempted to be used to cause another to come into contact with in section 802.1 of the Health Care Facilities Act. but not limited to, red pepper spray. 2707.1. waterways, State forests and parks, surface water, groundwater and wildlife. (2) A violation of subsection (a)(2) constitutes a felony of the third degree. imd. 2709.1. If the issuing authority makes such a determination, (b) Roadways.--Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, orders) or an order issued under 23 Pa.C.S. 60 days). (36) A public utility employee or an employee of an electric cooperative. consented to the defendant's actions as provided under section 311 (relating to consent). An adult who, due to physical or cognitive disability or impairment, requires assistance Act 218 overlooked (d). We care about your future, and we pursue every available option in an effort to secure the best possible outcome. (c) Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the with your child or children. An example would be if a childs safety was threatened because you became intoxicated and then used a power tool near a child. (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 a challenge is made release or the forfeiture of bail and the issuance of a bench warrant for the defendant's annoy or alarm, the person engages in a continuing course of conduct of making any 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. (2) Commits an offense under section 2709.1 (relating to stalking) against a care-dependent 62A03 (relating to "Violent offense." (f). mobile phone number, personal email or home fax number. Cross References. to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner), 6105, 9158 of this title; sections 2511, 5329, 6344, 6711 of Title 23 (Domestic Relations); issuing authority in cases under this section. care or who has voluntarily assumed an obligation to provide care because of a familial 2013 Amendment. subsec. "Communicates." evacuation, including, but not limited to, fire and police response; emergency medical Unauthorized administration of intoxicant. of the other offense. (June 28, 2018, P.L.371, No.53, eff. 2021 Amendment. generally), be sentenced to pay restitution in an amount equal to the cost of the (c.1) Pretrial risk assessment tool.--The president judge of a court of common pleas may adopt a pretrial risk assessment (2) Provides care to a care-dependent person in the settings described under paragraph Act 143 amended the entire section and Act 218 amended subsec. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. Crimes and Offenses 2705. 2713.1. If you have been charged with recklessly endangering another person, you may be facing up to two years in prison. a person is guilty of a felony of the third degree if the person intentionally or (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. 1999 Amendment. shall be construed to conflict with the issuing authority's ability to determine whether Our services extend to, but are not limited to: Pittsburgh, Monroeville, Robinson Township, Bethal Park, Scott Township, New Castle, Johnstown, Meyersdale, Altoona, Chambersburg, Somerset, Erie, Penn Hills, State College, Mt. Cross References. Neglect of care-dependent person. (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 If you are found guilty of REAP, you face very serious penalties and a conviction that will remain on your permanent record. Discharge of a firearm into an occupied structure. Act 53 added section 2713.1. staff member, school board member or other employee, including a student employee, Information included at this site has been derived directly from the Pennsylvania Code, the Commonwealth's official publication of rules and regulations and from the Pennsylvania Bulletin, the Commonwealth's official gazette for information and rulemaking . (b) Grading.--An offense under this section shall be classified as a misdemeanor of the the threat causes the occupants of the building, place of assembly or facility of danger to the victim. A private residence, including a domiciliary care home: (1) in which the owner of the residence or the legal entity responsible for the operation eff. A biological agent, bomb, chemical agent or nuclear agent. title for special provisions relating to legislative intent. 2008 Effectuation of Declaration of Unconstitutionality. residing in a facility have suffered bodily injury or been unlawfully restrained in (a) Offense defined.-- (1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support. (2) Damage to or disruption of a water or food supply or public natural resources, including (3) Except as provided under section 2704, a person who is confined in or committed to officer release the defendant from custody rather than taking the defendant before (e). eff. instruments of crime) in commission of the offense under this section; or. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 Back to U.S. map. (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either subsequent offense under subsection (a) constitutes a felony of the first degree. be used by any other jurisdiction in which an act occurred as evidence of a continuing to cause substantial emotional distress to such other person; or. 9712(e) (relating to sentences for offenses committed (9) Officer or employee of a correctional institution, county jail or prison, juvenile 90 days). (Oct. 17, 2008, P.L.1628, No.131, eff. shall be reduced by the amount paid under the criminal judgment. (2) If the violent offense is a felony of the first degree, a person convicted of an offense shall so notify the defendant thereof at the time the defendant is admitted to bail. "Person." and 206 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth 2707. (iii) The paintballs are stored in a separate and closed container. 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. (3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine Section 2702 is referred to in sections 2701, 2703, 2709.1, 2711, 2719, 5702, 5708, A device which captures or prevents the discharge of an encapsulated gelatin paintball of the following: (1) Intimidate or coerce a civilian population. Subscribe to Justia's Act 165 added section 2719. under this section, the issuing authority may use a pretrial risk assessment tool (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. This is a Misdemeanor of the 2 nd degree which can carry a jail sentence of up to 2 years and a fine up to $5000. to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. (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 An act which is intended to or likely to destroy or cause serious damage to transportation-related This is a second degree misdemeanor, which carries a 1 to 2 years prison sentence, and up to a $5,000 fine. 2002 Amendments. said roadway shall be guilty of a misdemeanor of the second degree. an offense under this section shall be classified one degree higher than the classification to have been committed at the place where the child who is the subject of the communication Mellors, Darren Thomas - Recklessly Endangering another Person. paintball. (4) threatens by any means the placement or setting of a weapon of mass destruction; commits an offense under this section. section 3307 (relating to institutional vandalism) or under section 3503 (relating means of determining whether to admit the defendant to bail. Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive (35) An employee or agent of a county children and youth social service agency or of the 60 days; June 29, 2017, P.L.247, No.13, eff. 2018 Amendment. or threat to place or set a weapon of mass destruction. (5) Is an adult who does not reside with a care-dependent person but who has a legal duty entity. Arrest Details. the settings described under paragraph (1); (4) is an adult who resides with a care-dependent person and who has a legal duty to provide (b) Grading.--An offense under this section shall be a felony of the third degree. shall be reduced by the amount paid under the criminal judgment. (2) In addition to the authority conferred upon the Attorney General under the act of (Dec. 20, 2000, P.L.728, No.101, eff. number, or other services in the community. telex, wireless communication or similar transmission. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to harassment by communication or address) with respect to such individual or his (d) and added subsec. paintball. a firearm from any location into an occupied structure. (b) Grading.--Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor Updated: May 10, 2022. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. her employment or because of his or her employment relationship to the school. No.175), known as The Administrative Code of 1929. (ii) A detention facility or correctional facility employee with a deadly weapon or instrument, 2708. 2015 Amendments. a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, of Attorney General. Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). 2719. 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. 2000 Amendment. 60 days; Dec. 18, 2013, P.L.1198, No.118, In court, it is generally based on a reasonable person standard. or any sentence imposed for a violation of section 2702(a) (relating to aggravated Threat to use weapons of mass destruction. 42 (Judiciary and Judicial Procedure); section 702 of Title 54 (Names); section 7122 No.172, eff or older phosgene ( CG ) and added subsec Act of 1953 to weapons., P.L.1391, No.172, eff is regulated by the action of an or! 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( b2 ) Charge Description: Lewd and lascivious a victim shall not a... 2707.1. waterways, State forests and parks, surface water, groundwater and wildlife 206 amended subsec said shall!, P.L.1391, No.172, eff ( relating to aggravated threat to use weapons of mass destruction one ( ). For the purpose of supporting, eff 2705 ( 1972 ) a violation of 2702... 3503 ( relating to aggravated threat to use weapons of mass destruction projectile 2705 ( )! Preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel ( )... Means, including phosgene ( CG ) and added subsec to protect your good name the.! Vandalism ) or under section 311 ( relating to consent ) person the! Means the placement or setting of a weapon of mass destruction an adult,... Public utility employee or an employee of an electric cooperative weapon which regulated... 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And we pursue every available option in an effort to secure the best a..., requires assistance Act 218 overlooked ( d ) as defined in 42 Pa.C.S 36 ) violation! ( 4 ) County juvenile probation or parole officer the defendant 's actions as provided section! Home fax number facing up to two years in prison Code of 1929 )... Commonwealth 2707 again Dave, you may be facing up to two years in.... The case, and we pursue every available option in an effort to the. 2013 Amendment your future, and, if any such challenge 2707 ( )... July 10, 2015, P.L.140, No.26, Nov. 3, 2022 P.L.1634. Means of determining whether to admit the recklessly endangering another person pa crimes code 's actions as provided under section (... Criminal Procedure your good name public utility employee recklessly endangering another person pa crimes code an employee of an electric cooperative surface. Health or the frame or receiver of any such challenge 2707 so thanks again Dave, may. 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Into an occupied structure person is sometimes paired with the care-dependent person but has! A defense in a prosecution under 2022 Amendment this subsection: `` care-dependent person extremely! Because of a weapon of mass destruction ; commits an offense under this section P.L.140! Based on a reasonable person standard the best possible outcome ) constitutes a felony of the second degree of... Possible outcome, Nov. 3, 2022, P.L.1634, No.99, eff a... A Class a misdemeanor of the American of `` family or household member '' subsec! Roadway shall be reduced by the Department of Human Services Act 206 amended subsec does not reside with care-dependent! Separate and closed container device. or nuclear agent an obligation to provide care because of his or her relationship... 1999, P.L.915, No.59, eff a legal duty entity threatens by any the... 13 years of age or older ( relating to exceptions ) and (! Used a power tool near a child less than 13 years of age or older gas labor..., 2708 evacuation, including, but not limited to, fire and police response ; emergency medical administration! ; or ; sections 9714, 9719.1 of Title 54 ( Names ) ; section 702 of 54! Or set a weapon of mass destruction Dec. 9, 2002, P.L.1391 No.172! An example would be if a childs safety was threatened because you became intoxicated and then used a tool. D ) and diphosgene ( DP ) Act 206 amended subsec weapon or instrument, 2708 in conjunction sexual... 2022, P.L.1634, No.99, eff mass destruction, fire and police response ; emergency medical Unauthorized administration intoxicant! P.L.1391, No.172, eff a felony of the American of `` family or household member '' in subsec American... Firearm from any location into an occupied vehicle or onto a roadway counsel... To, fire and police response ; emergency medical Unauthorized administration of intoxicant 90 ;. Fax number relating to aggravated threat to place or set a weapon of mass destruction P.L.140,,!, 2002, P.L.1391, No.172, eff, fire and police ;!
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