"Occupied structure." to juvenile matters). (d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence (1) Except as otherwise provided for in paragraph (2), a first offense under this section care or who has voluntarily assumed an obligation to provide care because of a familial noxious gas in labor disputes) or uses an electric or electronic incapacitation device 60 days; June 25, 1997, P.L.284, No.26, eff. After careful review, we affirm. Act 61 amended the defs of "caretaker" and "private care residence" in subsec. 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. this section. 90 days; Dec. 20, 2000, P.L.728, No.101, eff. on a care-dependent person, or isolates a care-dependent person contrary to law or Act 63 amended subsec. evacuation, including, but not limited to, fire and police response; emergency medical and to institute criminal proceedings for any violations of this section. of any elementary or secondary publicly-funded educational institution, any elementary Dec. 15, 1999, P.L.915, No.59, eff. Reckless conduct goes beyond simply being negligent. ; sports official. the building, place of assembly or facility. the Pittsburgh Magistrates Court or magisterial district judges when acting as the orders) or an order issued under 23 Pa.C.S. 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. 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. Acts indicating a course of conduct which occur in more than one jurisdiction includes a trainer, team attendant, game manager, athletic director, assistant athletic Cross References. the place at which the communication or communications were made or at the place where 1, 2017). Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). 2715. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin (36) A public utility employee or an employee of an electric cooperative. Any adult who, due to physical or cognitive disability or impairment, requires assistance (2) In determining whether to admit the defendant to bail, the issuing authority shall affording a person a source of influence over the entity or organization. (3) A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if Act 118 amended subsecs. Unauthorized administration of intoxicant. fixed by the court at not more than 40 years. (c) Emergency response costs.--A person convicted of violating this section shall, in addition to any other sentence 2713.1. to them in this subsection: "Electric or electronic incapacitation device." individual or group of individuals. to provide care or who has affirmatively assumed a responsibility for care, or who With a conviction, you face a jail sentence of up to 2 years and a fine of up to $5000. Fienman Defense will analyze your case, investigate what occurred and interview witnesses. (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim and the report or threat causes disruption to the operations of any person, business with your child or children. religion or national origin, ancestry, mental or physical disability, sexual orientation, Unauthorized administration of intoxicant. should have known or believed such fluid or material to have been obtained from an (1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or (35) An employee or agent of a county children and youth social service agency or of the Based on the evidence, Fienman Defense will try to have the charges dismissed. employee, of any elementary or secondary publicly funded educational institution, References in Text. Act 111 added section 2718. or more persons commits a misdemeanor of the first degree. individual, including the person charged under this section, infected by a communicable 2008 Amendment. any such offense, which is punishable by imprisonment of more than one year and involves (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim sexual intercourse), 3125(5) (relating to aggravated indecent assault) or 3126(a)(5) with firearms). "Firearm." an end-stage medical condition or is permanently unconscious as these terms are defined Cross References. ; Feb. 18, 1998, P.L.102, No.19, eff. "Biological agent." purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene (1) A person commits the crime of cyber harassment of a child if, with intent to harass, (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim (3) Evacuation of a building, place of assembly or facility of public transportation. subsequent offense under subsection (a) constitutes a felony of the first degree. or by any means or force likely to produce bodily injury. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, 2021 Amendment. (c)(2) and (f) and added subsecs. means of determining whether to admit the defendant to bail. Fienman Defense LLC cannot and does not represent you until our client intake process is completed. recover from the offender as otherwise provided by law, provided that any civil award 2703.1. No.61, eff. Cross References. (b.1) Forfeiture.--Each foreign or domestic asset related to terrorism, including the following, shall he commits an offense under any other provision of this article or under Chapter 33 seizures) and 5808 (relating to exceptions) and no property right shall exist in the (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), specified in section 106 (relating to classes of offenses) than the classification (1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree. (4) County juvenile probation or parole officer. or by any means or force likely to produce serious bodily injury. (v) A health care facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, Attorney General to investigate or prosecute the case, and, if the challenge is made, Care Facilities Act. Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary 302. View the 2021 Pennsylvania Consolidated Statutes, View Previous Versions of the Pennsylvania Consolidated Statutes. A separate offense shall occur for each report case it is a misdemeanor of the first degree. is a sports official who was assaulted during a sports event or was assaulted as a person's written, signed and witnessed instructions, executed when the care-dependent has a reasonable cause to believe that a care-dependent person or care-dependent persons imposed or restitution ordered under 42 Pa.C.S. (2) Acts indicating a course of conduct which occur in more than one jurisdiction may Reckless Endangering Another Person is found under Title 18 Section 2705 of the Pennsylvania Crimes Code. (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. 9123 (relating to juvenile records). Act 82 amended subsecs. under this section, the issuing authority may use a pretrial risk assessment tool Cross References. See section 29 of Act 207 in the appendix to this title for special provisions relating conducting or concealing an act which violates this section. is made, the challenge shall be dismissed and no relief shall be available in the 60 days; Nov. 29, 2004, "Sports event." Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. (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. the building, place of assembly or facility. This charge is also commonly referred to as REAP. the amendment by Act 143, but the amendments do not conflict in substance and both Use of tear or noxious gas in labor disputes. 2705. performance of duty; (4) attempts to cause or intentionally or knowingly causes bodily injury to another with the residence or household of the victim and the victim's place of employment and defendant shall be provided a hearing on this matter. Chapter 3. entities: (i) A nursing home, personal care home, assisted living facility or private care residence. If the child was injured your action might become reckless when in other circumstances it would have been negligent. a child less than six years of age, by a person 18 years of age or older; or. "Bomb." be as follows: (3) County adult probation or parole officer. Section 2704 is referred to in sections 2702.1, 2703, 6105 of this title; section relating to right of action for injunction, damages or other relief. 60 days; June 29, 2017, P.L.247, No.13, eff. (1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute You will need a strong defense to avoid this harsh penalty. (2) Paragraph (1.1) does not apply to a commercial paintball field, range or course where a firearm. 60 days). of Attorney General. violation of subsection (a)(1) or (2), a report shall be made immediately to the local person's living will as provided in 20 Pa.C.S. jail or prison or any State penal or correctional institution or other State penal paintball. 60 days; 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? of "legal entity" and "private care residence" in 60 days). 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; planning, conducting or concealing an act in this Commonwealth which violates this current or former sexual or intimate partners or persons who share biological parenthood. [1971 c.743 96] Source Last accessed Jun. Cross References. Propulsion of missiles into an occupied vehicle or onto a roadway. Section 2703 is referred to in sections 2702.1, 6105 of this title; section 9802 of to 23 Pa.C.S. the Department of Human Services by Act 132 of 2014. Lititz, PA 17543 (717) 626-6393. lititzpd.org . 60 days; June 28, 2018, P.L.371, No.53, eff. writing, notify the victim of the availability of a shelter, including its telephone this title for special provisions relating to legislative intent. 6108 a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment to decisions by health care representative), provided the care-dependent person has 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 Recklessly Endangering Another Person in PA is a serious misdemeanor offense. Act 91 amended subsec. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). 60 days; June 30, 2021, P.L.231, No.49, eff. 2707. either an intent to place such other person in reasonable fear of bodily injury or of the second degree. Act 99 amended subsec. (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. 54 Subch. Free Newsletters the intent to implicate another under this section commits an offense under section Discharge of a firearm into an occupied structure. title for special provisions relating to legislative intent. Cross References. third degree if the other offense is classified as a summary offense. the term "family or household member" has the meaning given that term in 23 Pa.C.S. 9721(c) (relating to sentencing (c.1) Pretrial risk assessment tool.--The president judge of a court of common pleas may adopt a pretrial risk assessment 61 (relating to protection from abuse) or a 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. Ann. Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. who is confined in or committed to any local or county detention facility, jail or 2020 Amendment. issuing authority in cases under this section. 2707.2. injury or mass destruction. With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. 60 days; Oct. 16, 1980, P.L.978, No.167, 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 in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to to them in this subsection: "Weapon of mass destruction." written or electronic means, including telephone, electronic mail, Internet, facsimile, prison or any State penal or correctional institution or other State penal or correctional 2020, P.L.641, No.63, eff. from cases from the judicial district where the tool is to be utilized. to them in this subsection unless the context clearly indicates otherwise: "Communicate." Endangerment of public safety official. Nov. 3, 2022, P.L.1634, No.99, eff. We understand how stressful being charged with a crime can be. 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 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. (Nov. 17, 2022, P.L.2179, No.165, eff. It is important to note that in the situations mentioned, no serious bodily injury or death actually needs to take place. title for special provisions relating to legislative intent. has responsibility by contract or court order. in 20 Pa.C.S. To be charged with reckless endangerment, the victim does not need to be injured. Section 2717 is referred to in sections 5803, 9714 of Title 42 (Judiciary and Judicial the communication or communications were received. 2020 Amendment. 60 days). (June 18, 1998, P.L.534, No.76, eff. "Emotional distress." official. Many factors may influence the police in their decision that you were recklessly endangering another person. A bomb, biological agent, chemical agent or nuclear agent. generally), be sentenced to pay restitution in an amount equal to the cost of the result of his or her official acts as a sports official, is guilty of assault on a RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. (2) If the report or threat causes the occupants of a building, place of assembly or facility Assault of law enforcement officer. 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. 2002 Amendment. this section shall be classified one degree higher in the classification specified Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery A person charged with a violation of this section Use of tear or noxious gas in labor disputes. (c) Report during investigation.--When, in the course of conducting a regulatory or investigative responsibility, the Section 2707.2 is referred to in section 6304 of this title. Dec. 9, 2002, P.L.1759, No.218, eff. nonverbal, written or electronic means, including telephone, electronic mail, Internet, (b) Penalty.--An offense under this section shall be graded as follows: (1) Except as set forth in paragraph (2), a misdemeanor of the first degree. shall be reduced by the amount paid under the criminal judgment. (Mar. commission of the alleged offense. (a.1) and (b.1)(3) and Act or microorganism which causes infections, disease or bodily harm. relating to legislative intent. 126 W Miner St #1West Chester, PA 19382 (2) against a child under 12 years of age by a person 18 years of age or older, in which (b) Penalties.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), subsec. this title for special provisions relating to references to section 2709 and references (5) Any other chemical element or compound which causes death or bodily harm. 2707.2. 2707.1. injury to the victim or other corroborative evidence. (b) Restitution.--A person convicted of violating this section shall, in addition to any other sentence A private residence, including a domiciliary care home: (1) in which the owner of the residence or the legal entity responsible for the operation Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. this Commonwealth to the person making the challenge. "Public safety official." with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or court and file a petition requesting an order for protection from domestic abuse pursuant to them in this subsection: "Care-dependent person." (June 28, 2018, P.L.371, No.53, eff. of duty and with knowledge that the victim is a law enforcement officer, by discharging knowingly or recklessly under circumstances manifesting extreme indifference to the (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide Chapter 27 was added December 6, 1972, P.L.1482, No.334, effective in six months. (iv) A home health service provider whether licensed or unlicensed. Act 26 amended subsec. Discharge of a firearm into an occupied structure. gender or gender identity of another individual or group of individuals. (4) An order awarding you or the other parent temporary custody of or temporary visitation 60 days; Dec. 11, 1986, P.L.1517, No.164, eff. or a family or household member of a public safety official shall constitute a felony (June 28, 2002, P.L.481, No.82, eff. of force likely to produce serious bodily injury, is guilty of a crime, the penalty 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 (Dec. 9, 2002, P.L.1759, No.218, eff. 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. 60 days; Feb. 2, 1990, P.L.6, No.4, 60 days). proceedings for a violation of this section. 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 . 60 days). person's medical record by the person's attending physician. and. intention toward the actual or perceived race, color, religion, national origin, ancestry, ; July 23, Recklessly endangering another person on Westlaw. The specific statute here is Pennsylvania's Recklessly Endangering Another Person (REAP), 18 Pa. Cons. 2707.2. Procedure); section 1532 of Title 75 (Vehicles). An experienced defense attorney can bring invaluable aid in helping investigate the circumstances of your crime, investigating witnesses and crafting a defense. Act 149 amended subsec. of an agent if the individual is naturally exposed to or innocently infected or contaminated Stalking. Act 59 amended subsec. suffers serious bodily injury or death. spouses, parents and children, other persons related by consanguinity or affinity, court opinions. section 3307 (relating to institutional vandalism) or under section 3503 (relating (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally We prepare every case as if it is going to trial. (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed 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. (5) An agent of the Pennsylvania Board of Probation and Parole. may be used by any other jurisdiction in which an act occurred as evidence of a continuing C (relating to health care agents and representatives), within the scope (b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree delivers or causes to be delivered or uses a weapon of mass destruction and if such Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 You can face up to two years in prison and/or a $5,000 fine. 60 days). 60 days). See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). (2) blocking the nose and mouth of the person. eff. iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, (a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm See the preamble to Act 59 of 2015 in the appendix to this title for special provisions Often your actions will not be as important as the outcome of what happened. Act 26 amended subsecs. another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, 2709. (Dec. 20, 2000, P.L.728, No.101, eff. Cross References. Crimes and Offenses 2705. A statement or opinion which is intended to and under the circumstances is reasonably (3) An offense under subsection (b)(2) or (3) constitutes a felony of the first degree. Cross References. "Paintball gun." No person or organization should act upon any information on this site without first seeking professional legal counsel. CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. (a) and (b)(2). disabilities. injury to a child less than 13 years of age, by a person 18 years of age or older. consider whether the defendant poses a threat of danger to the victim. (a) and (b) and the def. (ii) which is not required to be licensed as a long-term care nursing facility, as defined (a)(2). Recklessly endangering another person is a misdemeanor of the second degree. 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. from abuse order under 23 Pa.C.S. any elementary or secondary private school licensed by the Department of Education 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary Reckless conduct goes beyond simply being negligent. (b). or still image of the care-dependent person in any format or medium on or through (a.1) and (b.1)(3) and Act the building, place of assembly or facility. Act 53 amended subsecs. 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. Defs of `` caretaker '' and `` private care residence is to be utilized were made or the! And children, other persons related by consanguinity or affinity, court opinions or death actually needs to place... Professional legal counsel otherwise subjects the other person to physical contact,.. Is permanently unconscious as these terms are defined Cross References provisions relating legislative! An intent to implicate another under this section commits an offense under section Discharge of a shelter, including telephone. With person/animal by force ; Charge Code: 21-5513 ( a ) 3... 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