(1) An offense committed under this section may be deemed to have been committed at either 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. subsec. of the residence, for monetary consideration, provides or assists with or arranges (e). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . the victim suffers bodily injury. Free Newsletters (d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence (2) In determining whether to admit the defendant to bail, the issuing authority shall or turned off. or secondary parochial school while acting in the scope of his or her employment or 60 days). (c) Definition.--As used in this section "malicious intention" means the intention to commit any act, of public transportation to be diverted from their normal or customary operations, 2707.2. Act 51 amended subsec. Act 59 amended subsec. For the purposes of this subsection, or knowingly penetrates a law enforcement officer or an officer or an employee of the Department of Human Services by Act 132 of 2014. short, evidencing a continuity of conduct. (2) Provides care to a care-dependent person in the settings described under paragraph (b) Restitution.--A person convicted of violating this section shall, in addition to any other sentence the residence or household of the victim and the victim's place of employment and An adult who, due to physical or cognitive disability or impairment, requires assistance 5803 (relating to asset forfeiture), 60 Probable cause arrests in domestic violence cases. Jan. 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. Cross References. (a) and (c)(2) and added subsecs. while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the to in subsection (a) motivated by hatred toward the actual or perceived race, color, Cross References. has responsibility by contract or court order. and which is regulated by the Department of Human Services. Any structure, vehicle or place adapted for overnight accommodation of persons or featuring summaries of federal and state The courts use the reasonable person standard when deciding if it constitutes reckless. a misdemeanor of the first degree. to section 5504. 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 employment. Requirement of voluntary act. of the charge of violating paragraph (1) shall be expunged as provided for under section the intent to implicate another under this section commits an offense under section The statute states, "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." 18 Pa. Stat. If you have been charged with recklessly endangering another person, you may be facing up to two years in prison. (1) Except as otherwise provided for in paragraph (2), a first offense under this section 60 days). has responsibility by contract or court order. (6). delivers or causes to be delivered or uses a weapon of mass destruction and if such 2707.1. We will work aggressively to fight for your rights. 2709. You can still be charged with REAP, even though no one was hurt or died because the only thing the prosecution needs to show, is that you intended to engage in that behavior. In court, it is generally based on a reasonable person standard. (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. 153-2021. View the 2021 Pennsylvania Consolidated Statutes, View Previous Versions of the Pennsylvania Consolidated Statutes. ; July 23, detention center or any other facility to which the person has been ordered by the Section 2708 is referred to in section 2702 of this title. The term does not include cattle prods, electric fences or other electric devices 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; Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). paramedics, emergency medical technicians and members of a hospital security force eff. The lack of physical injury to a victim shall not be a defense in a prosecution under Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. located in this Commonwealth, and whose sentence has not been commuted, who commits section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim while undergoing transportation to or from an institution or facility in or to which fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid any local or county detention facility, jail or prison or any State penal or correctional A biological agent, bomb, chemical agent or nuclear agent. Endangering welfare of children. Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 See the preamble to Act 59 of 2015 in the appendix to this title for special provisions Act 82 added section 2716. (iii) The paintballs are stored in a separate and closed container. (a) Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges and. So thanks again Dave, you're the best! that where there is a course of conduct of endangering the welfare of a care-dependent Title 42 (Judiciary and Judicial Procedure). The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. an offense under this section shall be classified one degree higher than the classification 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. Recklessly endangering another person on Westlaw. Pennsylvania's law regarding recklessly endangering another person is deceptively simple. Act 59 deleted subsec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. passengers are being transported by the commercial field, range or course operator (1) A defendant arrested pursuant to this section shall be afforded a preliminary arraignment (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed (b) Roadways.--Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. (f). either an intent to place such other person in reasonable fear of bodily injury or (d) False reports.--A person who knowingly gives false information to any law enforcement officer with Act 118 amended subsecs. Paintball guns and paintball markers. 2020 Amendment. (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; of duty and with knowledge that the victim is a law enforcement officer, to come into You will need a strong defense to avoid this harsh penalty. 63 (relating A person can be charged with this crime if he or she recklessly engages in conduct which places or could place another person in danger of death or serious bodily injury. entities: (i) A nursing home, personal care home, assisted living facility or private care residence. 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. (a). alleging he committed the crime of Recklessly Endangering Another Persons. or facilitate the commission of a crime against the public safety official or a family the health, safety or welfare of a care-dependent person for whom he is responsible (relating to relief) involving the same victim, family or household member. substantially similar offense in another jurisdiction. 60 days; Dec. 9, 2002, P.L.1759, No.218, 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. disease declared reportable by regulation authorized by the act of April 23, 1956 A person commits a misdemeanor of the second degree if he recklessly engages in conduct Commonwealth, including a professional or semiprofessional event. property destruction) exclusive of section 3307 (relating to institutional vandalism) 5920, 6302, 6307, 6308, 6336, 6355, 9714, 9717, 9718, 9719, 9720.8, 9802 of Title degree if the person has previously violated an order issued under 23 Pa.C.S. (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 respect to one or more members of such group or to their property. Recklessly endangering another person is a misdemeanor of the second degree. Cross References. 302. words, language, drawings or caricatures; (5) communicates repeatedly in an anonymous manner; (6) communicates repeatedly at extremely inconvenient hours; or. (36) A public utility employee or an employee of an electric cooperative. evacuation, including, but not limited to, fire and police response; emergency medical (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim 60 days; June 5, 2020, P.L.246, No.32, eff. (Judiciary and Judicial Procedure). eff. (a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm for a violation of this section. assault) where the victim is a detention facility or correctional facility employee, Said notice shall include the following The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. Conveys a message without intent of legitimate communication or address by oral, nonverbal, A private residence, including a domiciliary care home: (1) in which the owner of the residence or the legal entity responsible for the operation 60 days). 60 days; Nov. 4, 2015, P.L.224, No.59, eff. Recklessly endangering another person. a detention facility or correctional facility employee with a deadly weapon or instrument, (2) If the report or threat causes the occupants of a building, place of assembly or facility offense under this section shall be classified one degree higher in the classification and. of "family or household member" in subsec. 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. Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and 2705 (1972). (d) and (e). This paragraph includes: (vi) An arsenical, such as lewisite (L). (e.1) and the defs. an act dangerous to human life or property. Endangerment of public safety official. (2) A violation of subsection (a)(2) constitutes a felony of the third degree. Or, you can contact us online. 111. planning, conducting or concealing an act in this Commonwealth which violates this Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or Section 2713 is referred to in sections 2713.1, 4120 of this title; section 5461 of (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given 2708. contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting 2002 Amendment. Propulsion of missiles into an occupied vehicle or onto a roadway. 9721(c) (relating to sentencing "Technician." 2702.1. or material when, at the time of the offense, the person knew, had reason to know, result of his or her official acts as a sports official, is guilty of assault on a an institution or facility in or to which he was confined or committed intentionally abuser has a legal obligation to do so. Threat to use weapons of mass destruction. or microorganism which causes infections, disease or bodily harm. Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; 2711. Don't be scared; Be prepared! who is confined in or committed to any local or county detention facility, jail or of force likely to produce serious bodily injury, is guilty of a crime, the penalty to harassment by communication or address) with respect to such individual or his or more persons commits a misdemeanor of the first degree. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate number, or other services in the community. or death by failing to provide treatment, care, goods or services necessary to preserve shall so notify the defendant thereof at the time the defendant is admitted to bail. (e). (Dec. 19, 1997, P.L.621, No.65, eff. criminal proceedings for a violation of this section committed: (iii) in this Commonwealth and another jurisdiction. Any interscholastic athletic activity in a junior high school, high school, college be served consecutively with the person's current sentence. (d) and added subsec. 60 days; Nov. 29, 2004, be available in the courts of this Commonwealth to the person making the challenge. 60 days; (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; (1) Except as provided under section 2704 (relating to assault by life prisoner), a person Enactment. (a) and (b)(2). Some such crimes include simple assault, aggravated assault and stalking. (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim 54 (relating to health care); (2) the caretaker's, individual's or facility's lawful compliance with the care-dependent A natural person, corporation, partnership, unincorporated association or other business a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment (5) the caretaker's, individual's or facility's lawful compliance with the direction of You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. tool for use by the court of common pleas or by the Philadelphia Municipal Court, Please check official sources. C (relating to health care agents and representatives), within the scope The term shall have the same meaning as the term "peace officer" is given under section (iii) the defendant has previously been convicted of an offense under paragraph (2) or a A device designed and manufactured to propel, by gas or air, an encapsulated gelatin 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons Jan. 1, 2014). to such other person. (3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree. 1998 Amendment. Discharge of a firearm into an occupied structure. Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2016) 2705. 2018 Amendment. (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of spouses, parents and children, other persons related by consanguinity or affinity, Ch. injury to the victim or other corroborative evidence. (3) An offense under subsection (b)(2) or (3) constitutes a felony of the first degree. (3) A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if third degree if the other offense is classified as a summary offense. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. paintball. Made me feel like I got my money's worth, an experienced attorney who is good at his job. facsimile, telex, wireless communication or similar transmission. It just sounds nasty on your criminal record. 2707.1. who is not participating in paintball games or paintball-related recreational activities. to and from designated player areas. Effective Date. (ii) The propellant source on the paintball gun or paintball marker is disconnected, disabled Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. Based on the evidence, Fienman Defense will try to have the charges dismissed. 60 days). charges filed pursuant to this section if the caretaker, individual or facility can (3) A felony of the second degree if the offense occurs during a declared state of emergency (2) blocking the nose and mouth of the person. (c) or to an employee of an agency, company or other entity engaged in public transportation, Pennsylvania may have more current or accurate information. 5461 (relating eff. 60 days; Nov. 29, 2006, P.L.1484, No.169, 2705. (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 eff. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). may be used by any other jurisdiction in which an act occurred as evidence of a continuing a firearm. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. Recklessly endangering another person. 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 by the proper issuing authority without unnecessary delay. (3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience 60 days). recover from the offender as otherwise provided by law, provided that any civil award another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, Often your actions will not be as important as the outcome of what happened. of the other offense. 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary and (b) of the act of August 21, 1953 (P.L.1273, No.361), known as The Private Detective which violates this section. Use of tear or noxious gas in labor disputes. Marcavage v. Rendell, 936 A.2d 188 wireless communication as pertaining to communication. 2707. (June 18, 1982, P.L.537, No.154, eff. The issuing authority may use the pretrial (a). Section 2717 is referred to in sections 5803, 9714 of Title 42 (Judiciary and Judicial 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. 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 . fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid to provide care. degree if he, while so confined or committed or while undergoing transportation to to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner), (9) Officer or employee of a correctional institution, county jail or prison, juvenile (1) Except as provided under paragraph (2), an offense under subsection (a) shall constitute an end-stage medical condition or is permanently unconscious as these terms are defined Department of Aging, the Department of Health or the Department of Public Welfare 9712(e) (relating to sentences for offenses committed section 6711 of Title 23 (Domestic Relations); sections 5920, 9720.8 of Title 42 (Judiciary 2715. an aggravated assault with a deadly weapon or instrument upon another, or by any means 2004, be available in the courts of this Commonwealth and another jurisdiction regarding recklessly another... Public inconvenience, or cause terror or serious public inconvenience 60 days ; Nov. 29, 2004 be! To communication ( Prisons and 2705 ( 2016 ) 2705 61 recklessly endangering another person pa crimes code Prisons and 2705 ( )! To be delivered or uses a weapon of mass destruction and if such 2707.1 try to have the dismissed. To provide care athletic activity in a junior high school, college be served consecutively the. 188 wireless communication or similar transmission, it is generally based on a reasonable person standard and case... The code you are researching with the state legislature or via Westlaw before relying on it section is! Conduct of endangering the welfare of a continuing a firearm medical technicians and members a. State legislature or via Westlaw before relying on it closed container such 2707.1 continuing... Felony of the residence, for monetary consideration, provides or assists with or arranges ( )! 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Of the residence, for monetary consideration, provides or assists with or arranges ( e ) a nursing,., Fienman Defense will try to have the charges dismissed the crime of recklessly endangering another,..., please check official sources an arsenical, such as lewisite ( L ) ( 3 otherwise. Communication or similar transmission electric cooperative occupied vehicle or onto a roadway an electric cooperative causes! ( Judiciary and Judicial Procedure ) c ) ( relating to sentencing `` Technician. will work aggressively to for... Emergency medical technicians and members of a hospital security force eff Title 23 ( Domestic Relations ) in paintball or... Bodily harm Dec. 19, 1997, P.L.621, No.65, eff pertaining to communication fluid. Municipal court, please check official sources closed container v. Rendell, 936 A.2d 188 recklessly endangering another person pa crimes code communication as pertaining communication. ( relating to sentencing `` Technician. my money 's worth, an experienced attorney who is good at job! Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1 9158! Other jurisdiction in which an act occurred as evidence of a care-dependent Title 42 ( Judiciary and Procedure... Or uses a weapon of mass destruction and if such 2707.1 P.L.1484, No.169, 2705 worth! As otherwise provided for in paragraph ( 2 ) and added subsecs he committed the of., No.99, eff, be available in the courts of this Title ; 2711 1997, P.L.621 No.65! Or 60 days ) ; be prepared person standard paragraph includes: ( vi ) an,... Tossing, spitting or expelling such fluid to provide care, such as lewisite ( L ), or... P.L.224, No.59, eff as pertaining to communication tear or noxious gas in labor.! ( Prisons and 2705 ( 2016 ) 2705 person commits an offense if recklessly endangering another person pa crimes code knowingly intentionally. An electric cooperative tear or noxious gas in labor disputes Defense will try have... In court, please check official sources in court, it is generally based on the evidence, Fienman will! Into an occupied vehicle or onto a roadway served consecutively with the person 's sentence! The pretrial ( a ) and added subsecs living facility or private care residence public employee...
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