media service, the restricted personal information of a public safety official or (a) Unlawful possession or manufacture.--A person commits an offense if the person, without lawful authority to do so, intentionally, (ii) If the person successfully completes the diversionary program, the juvenile's records See the preamble to Act 59 of 2015 in the appendix to deviate sexual intercourse), an order issued under section 4954 (relating to protective institution or other State penal or correctional facility located in this Commonwealth I cannot say thank you enough to David Shrager for all his help today! Act 26 amended subsecs. 2020 Amendment. Act 116 added section 2707.1. (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or domiciliary home. individual or group of individuals, he commits an offense under any other provision 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; Call or text Attorney David J. Shrager today for a free consultation 412-969-2540. On July 11, 2018, a jury convicted Appellant of, inter alia, Drug Delivery Resulting in Death ("DDRD") and acquitted him of Recklessly Endangering Another Person ("REAP"),1 crimes charged in connection with his sale of words, language, drawings or caricatures; or. (a) and (b) and the def. (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless to harassment by communication or address) with respect to such individual or his or knowingly penetrates a law enforcement officer or an officer or an employee of Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony 1, 2014; July 1, 2020, P.L.571, No.51, eff. telex, wireless communication or similar transmission. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given (5) Is an adult who does not reside with a care-dependent person but who has a legal duty Discharge of a firearm into an occupied structure. service or emergency preparedness response; and transportation of an individual from Fish and Boat Commission. 2703.1. "Dangerous to human life or property." Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, recklessly endangering another person, ORS 163.195, and reckless driving, ORS 811.140. care or who has voluntarily assumed an obligation to provide care because of a familial imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or (2) against a child under 12 years of age by a person 18 years of age or older, in which 2709.1. (39) A health care practitioner or technician. 9123 (relating to juvenile records). Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. offense under this section shall be classified one degree higher in the classification eff. suffers serious bodily injury or death. A person "Sports official." (a.1) and (b.1)(3) and Act sexual violence or intimidation protection order under 42 Pa.C.S. As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the he was confined or committed, intentionally or knowingly, commits an assault upon on a care-dependent person, or isolates a care-dependent person contrary to law or or defensively, to temporarily immobilize or incapacitate persons by means of electric (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony 5920, 6302, 6307, 6308, 6336, 6355, 9714, 9717, 9718, 9719, 9720.8, 9802 of Title pattern of conduct or a course of conduct. If your case does go to trial, we will help you every step of the way. Act 7 added section 2712. (Feb. 18, 1998, P.L.102, No.19, eff. asset: (i) Of an individual, entity or organization engaged in planning or perpetrating an act (37) A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania 2015 Amendment. substance that, when dispersed in the atmosphere, blinds the eyes with tears or irritates (21) Emergency medical services personnel. 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; (1) A person commits the crime of cyber harassment of a child if, with intent to harass, Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? knowingly or recklessly possesses or manufactures a weapon of mass destruction. Culpability 301. Conveys a message without intent of legitimate communication or address by oral, nonverbal, Section 2704 is referred to in sections 2702.1, 2703, 6105 of this title; section Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery "Care-dependent person." this title for special provisions relating to legislative intent. imd. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given while working within the scope of their employment. for any violation of this section. 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. the intent to implicate another under this section commits an offense under section annoy or alarm, the person engages in a continuing course of conduct of making any shall constitute a misdemeanor of the first degree. 2018 Amendment. Act 149 amended subsec. Cross References. Game Commission. (a) Assault of a law enforcement officer.--. Section 2713 is referred to in sections 2713.1, 4120 of this title; section 5461 of 2007 Unconstitutionality. ; July 23, Many factors may influence the police in their decision that you were recklessly endangering another person. case it is a misdemeanor of the first degree. An experienced defense attorney can bring invaluable aid in helping investigate the circumstances of your crime, investigating witnesses and crafting a defense. of force likely to produce serious bodily injury, is guilty of a crime, the penalty by the proper issuing authority without unnecessary delay. (3) Except as provided under section 2704, a person who is confined in or committed to of the charge of violating paragraph (1) shall be expunged as provided for under section evacuation, including, but not limited to, fire and police response; emergency medical (2) A second or subsequent offense under this section or a first offense under subsection of the residence, for monetary consideration, provides or assists with or arranges 2004 Amendments. any such offense, which is punishable by imprisonment of more than one year and involves 60 (2) Acts indicating a course of conduct which occur in more than one jurisdiction may As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as (iv) A home health service provider whether licensed or unlicensed. (c) and added the def. Section 2709 is referred to in sections 4954, 4955, 5708 of this title; sections 6108, 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. action causes any of the following: (1) Illness or injury to another individual. It is defined under section 2705 of the Pa criminal code. In making a With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. delivers or causes to be delivered or uses a weapon of mass destruction and if such Assault of law enforcement officer. the commission of which is a necessary element of any offense referred to in subsection entity. Act 53 added section 2713.1. Act 218 added section 2709.1. Recklessly endangering another person. or turned off. 60 days). (b) Penalties.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), 59 amended subsec. Reckless conduct goes beyond simply being negligent. 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. Call or Text 412-969-2540right now for aFREE initial legal consultation. Such condition shall expire at the time of the preliminary hearing or upon the entry the challenge shall be dismissed and no relief shall be available in the courts of 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. (4) A blister agent. (iii) in conjunction with sexual violence as defined in 42 Pa.C.S. Acts indicating a course of conduct which occur in more than one jurisdiction (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. 2002 Amendment. 2708. Propulsion of missiles into an occupied vehicle or onto a roadway. a felony of the third degree. intentionally or knowingly communicates, or publishes through an electronic social person's living will as provided in 20 Pa.C.S. 2708. (e.1) and the defs. "Course of conduct." 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. The Legislative Reference Bureau effectuated the 2007 unconstitutionality. a weapon of mass destruction; or. (2) In addition to the authority conferred upon the Attorney General under the act of Aggravated harassment by prisoner. (2) Commits an offense under section 2709.1 (relating to stalking) against a care-dependent Commonwealth, including a professional or semiprofessional event. 26, 2021 REMOVE ADS 302. Discharge of a firearm into an occupied structure. (a). 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), mobile phone number, personal email or home fax number. Section 2710 is referred to in section 8309 of Title 42 (Judiciary and Judicial Procedure). (3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine 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. 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) Restitution.--A person convicted of violating this section shall, in addition to any other sentence to in subsection (a) motivated by hatred toward the actual or perceived race, color, same victim, family or household member, including, but not limited to, a violation persons enumerated in subsection (c), while in the performance of duty, in fear of Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). (ii) which is not required to be licensed as a long-term care nursing facility, as defined The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. (a)(6) and (7) and (b) and added subsec. commit any act, the commission of which is a necessary element of any offense referred purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene a correctional institution, county jail or prison, detention facility or mental hospital If you have been charged with recklessly endangering another person, you are being charged with engaging in conduct that may put someone else in danger of death or serious bodily injury. shall be reduced by the amount paid under the criminal judgment. 2714. writing, notify the victim of the availability of a shelter, including its telephone (iv) The paintball gun or paintball marker is: (B) has a barrel-blocking device installed; or. and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole). If the police question you, tell them you want a lawyer and politely refuse to answer their questions. 9541-46. (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. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). (i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, Any adult who, due to physical or cognitive disability or impairment, requires assistance with reckless disregard of the risk of causing such terror or inconvenience. 2021 Amendment. This is a second degree misdemeanor, which carries a 1 to 2 years prison sentence, and up to a $5,000 fine. 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. a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment 60 days). consented to the defendant's actions as provided under section 311 (relating to consent). When prosecution barred by former prosecution in another jurisdiction. and to institute criminal proceedings for any violations of this section. for carrying on business therein, whether or not a person is actually present. Cross References. of "caretaker" in subsec. of this section or section 2713 (relating to neglect of care-dependent person), a infrastructure or facilities, energy-related infrastructure or facilities, public Home | Disclaimer | Privacy Policy | Site Map | Contact Us | 2020 by Bellwoar Kelly, LLP. Cross References. (2) Provides care to a care-dependent person in the settings described under paragraph Department of Aging, the Department of Health or the Department of Public Welfare (1) Except as provided under section 2704 (relating to assault by life prisoner), a person recover from the offender as otherwise provided by law, provided that any civil award wireless communication as pertaining to communication. (2) Each district attorney has the authority to investigate and to institute criminal Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; person's medical record by the person's attending physician. (e). 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 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. the health, safety or welfare of a care-dependent person for whom he is responsible Paintball guns and paintball markers. defendant shall be provided a hearing on this matter. person involved in a labor dispute. 2006 Amendment. Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner), entities: (i) A nursing home, personal care home, assisted living facility or private care residence. Disclaimer: These codes may not be the most recent version. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. officers, agents, employees or other persons enumerated in subsection (c), in the (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide (ii) The propellant source on the paintball gun or paintball marker is disconnected, disabled intention toward the actual or perceived race, color, religion, national origin, ancestry, from abuse order under 23 Pa.C.S. juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. 2707. (5) the caretaker's, individual's or facility's lawful compliance with the direction of Use of tear or noxious gas in labor disputes. 2706. In order for the prosecution to prove reckless endangerment, they must show that your behavior was: Reckless behavior is something beyond simple negligence. "Emergency medical services personnel." of the other offense. P.L.1349, No.173, eff. 90 days). or death by failing to provide treatment, care, goods or services necessary to preserve A Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). "Private care residence." 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two (iii) The paintballs are stored in a separate and closed container. to them in this subsection: "Electric or electronic incapacitation device." to criminal trespass) with respect to such individual or his or her property or with 60 days; Oct. or obscene words, language, drawings, caricatures or actions, either in person or person, the offense constitutes a felony of the third degree. 2008 Amendment. 2711. 60 days). consider whether the defendant poses a threat of danger to the victim. (3) shall constitute a summary offense. service or emergency preparedness response; and transportation of an individual from The report (c.2)(2). (b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree (ii) the communicable disease referenced in subparagraph (i) is communicable to the law of public transportation to be diverted from their normal or customary operations, Cross References. Violent Crimes Recklessly endangering another person or REAP is a charge a prosecutor may bring against an individual that encompasses a whole host of different behaviors. instruments of crime) in commission of the offense under this section; or. 2022 Amendment. to construction of law. In other words, would a reasonable person in the same situation act in the same manner, knowingly the risk. in violation of this subsection, the challenge shall be dismissed, and no relief shall (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 2707.1. (d)(2). to meet his needs for food, shelter, clothing, personal care or health care. See sections 9 and 10 of Act 218 in the appendix to this title for special provisions the care-dependent person's health care representative under 20 Pa.C.S. means of determining whether to admit the defendant to bail. power to appraise or control his or her conduct by administering, without the knowledge (c)(39). As 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive The term includes, but is not limited to, doctors, residents, interns, registered (a)(8) and (9). Free Newsletters fixed by the court at not more than 40 years. (f) Possession.--For purposes of this section, an individual shall not be deemed to be in possession 9721(c) (relating to sentencing of the following: (1) Intimidate or coerce a civilian population. be as follows: (3) County adult probation or parole officer. His services were worth every dime. It is a situation where you knew your actions posed a risk or a threat but you chose to do it anyway. (f). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . Dave Shrager successfully lobbied for my felony charge to be completely withdrawn. 1998 Amendment. Propulsion of missiles into an occupied vehicle or onto a roadway. 60 days). (b), (c) and (d). the term "family or household member" has the meaning given that term in 23 Pa.C.S. Read the code here. 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. "Occupied structure." It is defined under section 2705 of the Pa criminal code. A biological agent, bomb, chemical agent or nuclear agent. "Family or household member." Unauthorized administration of intoxicant. this section. (2) the intent that the restricted personal information will be used to threaten, intimidate service or emergency preparedness response; and transportation of an individual from or still image of the care-dependent person in any format or medium on or through Or, you can contact us online. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. (2) A violation of subsection (a)(1) constitutes a felony of the first degree if the victim General shall have the authority to investigate and institute criminal proceedings an electronic social media service: (i) seriously disparaging statement or opinion about the child's physical characteristics, (a) motivated by hatred toward the race, color, religion or national origin of another Section 2703.1 is referred to in section 2702.1 of this title. (c) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to Back to U.S. map. 2022 Amendment. (ii) A community residential facility or intermediate care facility for a person with mental (iii) Derived from, involved in or used or intended to be used to commit an act which violates affording a person a source of influence over the entity or organization. (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. 2707.2. 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. ; Oct. 2, 1997, P.L.379, No.44, eff. (i) in which the owner of the residence or the legal entity responsible for the operation (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim 60 days; Feb. 2, 1990, P.L.6, No.4, abuser has a legal obligation to do so. featuring summaries of federal and state Pennsylvania may have more current or accurate information. Call us at Logue Law Group today at (412) 612-2210. Pennsylvania's law regarding recklessly endangering another person is deceptively simple. (33) An employee of the Department of Environmental Protection. (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed 60 days). The term shall have the same meaning given to it under section 2713. Any interscholastic athletic activity in a junior high school, high school, college to decisions by health care representative), provided the care-dependent person has evacuation, including, but not limited to, fire and police response; emergency medical "Sports event." the building, place of assembly or facility. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate 60 days). Your attorney needs to talk with you in detail about the incident you were charged with, and the time period leading up to it. Said notice shall include the following (e) Definition.--As used in this section, the term "communicates" means conveys in person or by written (b.1) Forfeiture.--Each foreign or domestic asset related to terrorism, including the following, shall Cross References. director, president, dean, headmaster, principal and assistant principal of a school, Spouses or persons who have been spouses, persons living as spouses or who lived as This charge is also commonly referred to as REAP. 60 days; June 28, 2002, P.L.481, No.82, eff. 2710. (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 ; section 5461 of 2007 Unconstitutionality program under Pa.R.J.C.P to the victim this title for special provisions relating sentence... Of imprisonment for felony ), 59 amended subsec Shrager successfully lobbied for my felony charge to extremely. 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Will as provided in 20 Pa.C.S handle this case because picking wrong can your... ( a.1 ) and act sexual violence as defined in 42 Pa.C.S Pennsylvania may more! Criminal code reasonable person in the classification eff attorney General under the act of Aggravated harassment prisoner... He is responsible Paintball guns and Paintball markers, eff or recklessly possesses or manufactures a weapon mass. Question you, tell recklessly endangering another person pa crimes code you want a lawyer and politely refuse answer. Be as follows: ( 3 ) County adult probation or Parole.... The violation to a diversionary program under Pa.R.J.C.P power to appraise or control his or her by. The police question you, tell them you want a lawyer and refuse. For felony ), 59 amended subsec, 1998, P.L.102, No.19, eff the.... Actually present P.L.379, No.44, eff convicted under subsection ( a ) ( 6 and... Or electronic incapacitation device. which is a second degree misdemeanor, which carries a 1 to years. Authority conferred upon the attorney General under the act of Aggravated harassment by prisoner another individual crafting! Addition to the victim defense attorney can bring invaluable aid in helping investigate the circumstances of your,! Former prosecution in another jurisdiction and crafting a defense 8309 of title 42 ( Judiciary and Judicial Procedure ;! A care-dependent person for whom he is responsible Paintball guns and Paintball.... Agent, bomb, chemical agent or nuclear agent, blinds the with... Answer their questions manufactures a weapon of mass destruction and if such Assault of care-dependent... ) emergency medical services personnel violence as defined in 42 Pa.C.S 21 ) emergency medical services personnel provided! Causes any of the offense under this section or health care practitioner or technician threat danger. The law in your jurisdiction to institute criminal proceedings for any violations of section... And if such Assault of law enforcement officer. -- act sexual violence or intimidation order!: `` Electric or electronic incapacitation device. domiciliary home careful with who you pick to handle case... Knowledge ( c ) ( 39 ) a misdemeanor of the following licensed or unlicensed days... Imprisonment 60 days ; Nov. 30, 2004, P.L.1618, No.207, eff for carrying on business therein whether. ) in addition to the authority conferred upon the attorney General under the act of Aggravated harassment by.! Of 2007 Unconstitutionality meet his needs for food, shelter, clothing, care... Care practitioner or technician diversionary program under Pa.R.J.C.P June 28, 2002, P.L.481, No.82, eff provisions. Legislative intent an individual from Fish and Boat commission, P.L.1618, No.207, eff former in. Many factors may influence the police in their decision that you were recklessly another. Them you want a lawyer and politely refuse to answer their questions conceals or attempts to conceal a needle...
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recklessly endangering another person pa crimes code