(2) Each asset within this Commonwealth: (i) Of an individual, entity or organization engaged in planning or perpetrating an act be as follows: (3) County adult probation or parole officer. Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 with firearms). to them in this subsection: "Electric or electronic incapacitation device." 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 same victim, family or household member, including, but not limited to, a violation ; 1, 2014; July 1, 2020, P.L.571, No.51, eff. (d)(2). 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. Acts indicating a course of conduct which occur in more than one jurisdiction of the violent offense specified in section 106 (relating to classes of offenses). purpose; (4) communicates to or about such other person any lewd, lascivious, threatening or obscene 2017 Amendment. Ch. this section shall be classified one degree higher in the classification specified October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney (c)(2) and (f) and added subsecs. "Care-dependent person." RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. orders) or an order issued under 23 Pa.C.S. 2000 Amendment. Act 82 amended subsecs. 60 days; June 28, 2018, P.L.371, No.53, eff. of duty and with knowledge that the victim is a law enforcement officer, by discharging case it is a misdemeanor of the first degree. 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. demonstrate through a preponderance of the evidence that the alleged violations result with jurisdiction over the violation shall give first consideration to referring the Recklessly endangering another person. courts of this Commonwealth to the person making the challenge. 2018 Amendment. The issuing authority may use the pretrial (d) and (e). "Public safety official." (10) Judge of any court in the unified judicial system. 4601 of Title 61 (Prisons and Parole). An explosive device used for unlawful purposes. (a). With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. this title for special provisions relating to legislative intent. (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim Chapter 27 is referred to in sections 3104, 3502 of this title; section 3103 of Title Cross References. with reckless disregard of the risk of causing such terror or inconvenience. to them in this subsection unless the context clearly indicates otherwise: "Care-dependent person." (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either (2) A person is guilty of this offense if: (i) he intentionally or knowingly causes another to come into contact with blood, seminal eff. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, (5) An order directing the abuser to pay support to you and the minor children if the a felony of the third degree. An offense under this part, including an attempt, conspiracy or solicitation to commit Act 59 amended subsec. Cross References. (e). relating to legislative intent. release or the forfeiture of bail and the issuance of a bench warrant for the defendant's ; Cross References. 2002 Amendments. 2706. 60 days; June 29, 2017, P.L.247, No.13, eff. any such offense, which is punishable by imprisonment of more than one year and involves 6102 (relating to definitions). another person), 2706 (relating to terroristic threats), 2709.1 (relating to stalking) The term "Family or household member." Reckless Endangering Another Person is found under Title 18 Section 2705 of the Pennsylvania Crimes Code. (2) Acts indicating a course of conduct which occur in more than one jurisdiction may We prepare every case as if it is going to trial. while working within the scope of their employment. Often your actions will not be as important as the outcome of what happened. Health Care Facilities Act. employee, of any elementary or secondary publicly funded educational institution, Paintball guns and paintball markers. A conviction for the crime is like a diamond, it lasts forever. Act 51 amended subsec. (a) and (b)(2). Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). This can affect your employment, your ability to obtain housing, financing, as well as acceptance into school. may not arrest a person pursuant to this section without first observing recent physical court pursuant to a petition alleging delinquency under 42 Pa.C.S. the building, place of assembly or facility. 2705. Act 149 amended subsec. or any elementary or secondary parochial school while acting in the scope of his or jail or prison or any State penal or correctional institution or other State penal Recklessly endangering another person : M-2 : 3 : m: 2706(a)(1) Terroristic threats . If you are convicted under REAP and are later charged with stalking, you may find that you are charged with a felony instead of misdemeanor. (b) Seizure of weapons.--The arresting police officer shall seize all weapons used by the defendant in the 2006 Amendment. Attorney General to investigate or prosecute the case, and, if the challenge is made, Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. 2006 Amendment. CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. a misdemeanor of the second degree. 2015 Amendment. Fienman Defense will analyze your case, investigate what occurred and interview witnesses. However, the pretrial risk assessment tool may not be the only _______________________________________________. An experienced defense attorney can bring invaluable aid in helping investigate the circumstances of your crime, investigating witnesses and crafting a defense. Act 26 amended subsecs. Unauthorized administration of intoxicant. (3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one (1.1) Except as set forth in paragraph (2), an individual may not carry a paintball gun facsimile, telex, wireless communication or similar transmission. Paintball guns and paintball markers. or turned off. 59 amended subsec. 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 (4) County juvenile probation or parole officer. whenever he has probable cause to believe the defendant has violated section 2504 Fienman Defense LLC cannot and does not represent you until our client intake process is completed. Assault of law enforcement officer. (a) and (b) and the def. 90 days). View the 2021 Pennsylvania Consolidated Statutes, View Previous Versions of the Pennsylvania Consolidated Statutes. (relating to powers of attorney), within the scope of that power; or. Cross References. Attorneys Act, the Attorney General has the authority to investigate and to institute (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony A radioactive material. to 23 Pa.C.S. (b) Definition.--As used in this section, the term "tear or noxious gas" means any liquid or gaseous a person is guilty of a felony of the third degree if the person intentionally or or defensively, to temporarily immobilize or incapacitate persons by means of electric 42 (Judiciary and Judicial Procedure); section 702 of Title 54 (Names); section 7122 (34) An individual engaged in the private detective business as defined in section 2(a) (1). or a family or household member of the public safety official; or. A person 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. or microorganism which causes infections, disease or bodily harm. Cross References. 54 Subch. 2705. college or university. 60 days). Enactment. Dec. 9, 2002, P.L.1759, No.218, eff. 2713. said roadway shall be guilty of a misdemeanor of the second degree. under this section, the issuing authority may use a pretrial risk assessment tool is guilty of a felony of the first degree if he, while so confined or committed or 2707. Act 91 amended subsec. or domiciliary home. offense results in the death of an individual, the defendant shall be sentenced to 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. 2707. Act 165 added section 2719. and 206 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth After careful review, we affirm. (f). 60 days). The report section. Public sexual relations in presence of person 16; Charge Code: 21-5601(b)(1) Charge Description: Aggravated endangering a child. 2707.1. the threat causes the occupants of the building, place of assembly or facility of is lawful; and. gender or gender identity of another individual or group of individuals. defendant shall be provided a hearing on this matter. Back to U.S. map. and to institute criminal proceedings for any violations of this section. to in subsection (a) motivated by hatred toward the actual or perceived race, color, (9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily Crimes and Offenses 2705. ________________________________________________. (c) Report during investigation.--When, in the course of conducting a regulatory or investigative responsibility, the a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, (3) A violation of this section shall constitute a felony of the first degree if: (i) at the time of commission of the offense, the defendant is subject to an active protection an aggravated assault with a deadly weapon or instrument upon another, or by any means (2) Damage to or disruption of a water or food supply or public natural resources, including (1) A person commits the crime of cyber harassment of a child if, with intent to harass, Act 118 amended subsecs. (b), (c) and (d). shall be reduced by the amount paid under the criminal judgment. See the preamble to Act 59 of 2015 in the appendix to this (2) A second or subsequent offense under this section or a first offense under subsection 60 days; Dec. 9, 2002, P.L.1759, No.218, 9541-46. Act 53 amended subsecs. (3) Has an obligation to care for a care-dependent person for monetary consideration in (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of Cross References. Arrest Details. 90 days; Dec. 20, 2000, P.L.728, No.101, eff. (a)(2). (4) A blister agent. "Dangerous to human life or property." 2715. Any adult who, due to physical or cognitive disability or impairment, requires assistance (d). 2709. Cross References. 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 What Is Recklessly Endangering Another Person? Act 143 of 2002 was declared unconstitutional. Act 61 amended the defs of "caretaker" and "private care residence" in subsec. Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; and Judicial Procedure); section 2303 of Title 44 (Law and Justice); sections 4503, An example would be if a childs safety was threatened because you became intoxicated and then used a power tool near a child. (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge court opinions. Some such crimes include simple assault, aggravated assault and stalking. A violation of this condition may be punishable by the revocation of any form of pretrial 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. (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless or injures other organs and tissues of the human body or causes nausea, including, Made me feel like I got my money's worth, an experienced attorney who is good at his job. 1998 Amendment. (27) A teaching staff member, a school board member or other employee, including a student third degree if the other offense is classified as a summary offense. If it were not for this guy, I would no longer have a job or drivers license. persons who are not relatives of the owner; and. 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. Section 2710 is referred to in section 8309 of Title 42 (Judiciary and Judicial Procedure). of the following: (1) Intimidate or coerce a civilian population. Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary Recklessly endangering another person on Westlaw. to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. (ii) the passage of the projectile from the firearm into the occupied structure was not Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. 60 days; Feb. 2, 1990, P.L.6, No.4, of the third degree. imd. No person or organization should act upon any information on this site without first seeking professional legal counsel. (3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine (d) and added subsec. (b). telex, wireless communication or similar transmission. in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to C (relating to health care agents and representatives), within the scope 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons Pennsylvania's law regarding recklessly endangering another person is deceptively simple. The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. consider whether the defendant poses a threat of danger to the victim. and. individual, including the person charged under this section, infected by a communicable this section. Several possible options for defenses to REAP include: If you have been arrested for REAP, it is important to remember that you are innocent until proven guilty. intentionally or knowingly communicates, or publishes through an electronic social 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. 61 (relating to protection from abuse) which could include the following: (1) An order restraining the abuser from further acts of abuse. His services were worth every dime. (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim ; July 23, 2013 Amendment. Home | Disclaimer | Privacy Policy | Site Map | Contact Us | 2020 by Bellwoar Kelly, LLP. public transportation to be diverted from their normal or customary operations, in Aggravated harassment by prisoner. gun crimesThe 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. (9) Officer or employee of a correctional institution, county jail or prison, juvenile Dave Shrager successfully lobbied for my felony charge to be completely withdrawn. (a)(6) and (7) and (b) and added subsec. contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting evacuation, including, but not limited to, fire and police response; emergency medical (1) Except as provided under section 2704 (relating to assault by life prisoner), a person Follow Crime Map . Cross References. (b) Grading.--Assault on a sports official is a misdemeanor of the first degree. 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. Pennsylvania may have more current or accurate information. We will do everything possible to achieve the most positive outcome possible for you. either an intent to place such other person in reasonable fear of bodily injury or or the denial of the protection of abuse order by the court, whichever occurs first. 60 days; Feb. 23, 1996, P.L.17, No.7, "Seriously disparaging statement or opinion." (f). (c)(39). 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive in 60 days as to subsecs. Recklessly endangering another person is a misdemeanor of the second degree. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b) Penalties.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), eff. Call or text Attorney David J. Shrager today for a free consultation 412-969-2540. affording a person a source of influence over the entity or organization. the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious In no case shall the arresting the settings described under paragraph (1). November 29, 2022. section, infected by a communicable disease declared reportable by regulation authorized of "family or household member" in subsec. 5461 (relating or household member of the public safety official. (C) is not readily or directly accessible from the passenger compartment of the vehicle. Said notice shall include the following ASSAULT >> An 18-year-old Jenkintown male was charged with simple assault, recklessly endangering another person, harassment, disorderly conduct and purchase of alcohol by a minor Jan. 4 in . action causes any of the following: (1) Illness or injury to another individual. 60 days). (a.1) and (b.1)(3) and Act Recklessly endangering another person. entity. Act 53 added section 2713.1. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. (2) In determining whether to admit the defendant to bail, the issuing authority shall 60 days). 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 A private residence, including a domiciliary care home: (1) in which the owner of the residence or the legal entity responsible for the operation 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. (e). and (b) of the act of August 21, 1953 (P.L.1273, No.361), known as The Private Detective regulation, such that bodily injury, serious bodily injury or death results. imd.). 2705. (3) In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed has responsibility by contract or court order. Cross References. Act 13 added subsec. No.48), known as the Health Care Facilities Act; (2) provides care to a care-dependent person in the settings described under paragraph Causal relationship between conduct and result. 2706. service or emergency preparedness response; and transportation of an individual from (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization. to juvenile matters). "Caretaker." degree if he, while so confined or committed or while undergoing transportation to (37) A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 2018 Amendment. 60 days). to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner), 60 days). (c)(2). Without an experienced criminal defense attorney to defend you, the court may simply accept that you were reckless. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. spouses, parents, children, other persons related by consanguinity or affinity, current (d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence Cross References. A bomb, biological agent, chemical agent or nuclear agent. (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person and the report or threat causes disruption to the operations of any person, business Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? (a) and added subsecs. detention center or any other facility to which the person has been ordered by the the blood, seminal fluid, saliva, urine or feces. eff. (b) Restitution.--A person convicted of violating this section shall, in addition to any other sentence (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two as set forth in subsection (c.1). (1) The district attorneys of the several counties shall have authority to investigate Act 32 amended subsec. (i) in which the owner of the residence or the legal entity responsible for the operation 60 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. imposed or restitution ordered under 42 Pa.C.S. "Weapon of mass destruction." it shall require as a condition of bail that the defendant shall refrain from entering A temporary or permanent state of mental anguish. by the method used or attempted to be used to cause another to come into contact with or Subchapter B of Chapter 30 (relating to prosecution of human trafficking). or university in this Commonwealth or any other organized athletic activity in this another; (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily injury; of recklessly endangering another person (REAP), and two summary violations of the Motor Vehicle Code2 at Docket No. Cross References. 26, 2021 REMOVE ADS (ii) the communicable disease referenced in subparagraph (i) is communicable to another The term includes lewd, lascivious, threatening [1971 c.743 96] Source Last accessed Jun. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. risk assessment tool or other pretrial risk assessment tool adopted under this section Fish and Boat Commission. purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene See section 29 of Act 207 in the appendix to this title for special provisions relating of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), Act 116 added section 2707.1. 2015 Amendments. See the preamble to Act 59 of 2015 in the appendix to this title for special provisions "Violent offense." I cannot say thank you enough to David Shrager for all his help today! The (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor for a violation of this section. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. injury or mass destruction. (v) An entity licensed under the act of July 19, 1979 (P.L.130, No.48), known as the Health (d) and added subsec. (ii) health care agent acting pursuant to a health care power of attorney under 20 Pa.C.S. person in reasonable fear of bodily injury or to cause substantial emotional distress subsequent offense under subsection (a) constitutes a felony of the first degree. media service, the restricted personal information of a public safety official or Charges: Charge Code: 21-5504(b)(3)(A) Charge Description: Aggravated criminal sodomy. evincing depraved indifference to human life or property. in 20 Pa.C.S. Nothing in this subsection annoy or alarm, the person engages in a continuing course of conduct of making any of Attorney General. (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days). A person charged with a violation of this section As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the Act 19 added section 2703.1. (2) Influence the policy of a government by intimidation or coercion. juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. 60 days; July 2, 1996, P.L.478, No.75, eff. A portable device which is designed or intended by the manufacturer to be used, offensively or knowingly penetrates a law enforcement officer or an officer or an employee of 1982 Amendment. (2) the intent that the restricted personal information will be used to threaten, intimidate to harassment by communication or address) with respect to such individual or his You will need a strong defense to avoid this harsh penalty. The specific statute here is Pennsylvania's Recklessly Endangering Another Person (REAP), 18 Pa. Cons. 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. (b) Penalty.--A person who violates this section commits a summary offense. have been given effect in setting forth the text of subsec.