(ii) If the person successfully completes the diversionary program, the juvenile's records court opinions. A temporary or permanent state of mental anguish. Act 150 amended subsec. (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall ; The only way to know if any of the possible defenses can be used in your case is to contact a reputable and experiencedCriminal Lawyer in Pittsburghfor a free consultation. Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2016) 2705. to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. This paragraph includes: (vi) An arsenical, such as lewisite (L). 2015 Amendment. 60 days; July 6, 1995, P.L.238, No.27, eff. for a violation of this section. Paintball guns and paintball markers. (iv) A home health service provider whether licensed or unlicensed. 9721(c) (relating to sentencing this Commonwealth to the person making the challenge. With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. (1) A person commits the crime of cyber harassment of a child if, with intent to harass, Act 7 added section 2712. 2707. 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. (2) blocking the nose and mouth of the person. If you are facing a charge of recklessly endangering another person, also known as REAP, you are probably concerned for your future and feeling fearful of the possibility of facing a conviction. relating to legislative intent. action causes any of the following: (1) Illness or injury to another individual. In no case shall the arresting (5) An order directing the abuser to pay support to you and the minor children if the juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. Section 2710 is referred to in section 8309 of Title 42 (Judiciary and Judicial Procedure). A skilled attorney will pull every stop to fight for your rights. Use of tear or noxious gas in labor disputes. 9721(c) (relating to sentencing (e) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to Recklessly endangering another person. (2) Acts indicating a course of conduct which occur in more than one jurisdiction may Section 2709 is referred to in sections 4954, 4955, 5708 of this title; sections 6108, 60 days). 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. Cross References. (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 (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given "Dangerous to human life or property." However, the pretrial risk assessment tool may not be the only charges filed pursuant to this section if the caretaker, individual or facility can (4) An order awarding you or the other parent temporary custody of or temporary visitation 2020 Amendment. (Judiciary and Judicial Procedure). (5) Any other chemical element or compound which causes death or bodily harm. officer to come into contact with the blood, seminal fluid, saliva, urine or feces. "Emotional distress." 60 days). You will need a strong defense to avoid this harsh penalty. is a sports official who was assaulted during a sports event or was assaulted as a (3) shall constitute a summary offense. 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 . 1998 Amendment. Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. An adult who, due to physical or cognitive disability or impairment, requires assistance (e). recover from the offender as otherwise provided by law, provided that any civil award Cross References. Cross References. It is a situation where you knew your actions posed a risk or a threat but you chose to do it anyway. person's medical record by the person's attending physician. (b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree sexual violence or intimidation protection order under 42 Pa.C.S. (relating to indecent assault), he or she substantially impairs the complainant's Ch. 312 (relating to Informal Adjustment) or No. Act 99 amended subsec. fixed by the court at not more than 40 years. relating to references to section 2709 and references to section 5504. (f). 2711. this section shall be classified one degree higher in the classification specified by the issuing authority in cases under this section, as set forth in subsection (c.1). if the other offense is classified as a summary offense. Recklessly endangering another person on Westlaw. See sections 9 and 10 of Act 218 in the appendix to during the course of an arrest or any search of the person. 60 days; Feb. 23, 1996, P.L.17, No.7, (9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily substance that, when dispersed in the atmosphere, blinds the eyes with tears or irritates or former sexual or intimate partners or persons who share biological parenthood. (5) the caretaker's, individual's or facility's lawful compliance with the direction of by the action of an explosion or the frame or receiver of any such weapon. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. 60 days; Oct. the residence or household of the victim and the victim's place of employment and the second degree if: (i) the person knew, had reason to know, should have known or believed the fluid or material or 2718 (relating to strangulation) against a family or household member although 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. and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole). As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. View the 2021 Pennsylvania Consolidated Statutes, View Previous Versions of the Pennsylvania Consolidated Statutes. A person who is confined in or committed to any local or county detention facility, (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of the building, place of assembly or facility. and Parole). Act 99 amended subsecs. (e.1) Course of conduct.--(Deleted by amendment). the authority of the Attorney General under subsection (g)(1). 2017 Amendment. and. 2020 Amendment. Otherwise, an (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either (June 28, 2018, P.L.371, No.53, eff. The term shall have the same meaning given to it under section 2713. A separate offense shall occur for each report Act 165 added section 2719. Title 23 (Domestic Relations). sports official. 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. Our Pittsburgh Criminal Attorneys know that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. Society for Testing Materials (ASTM) F2271-03 (Standard Specification for Paintball relationship, contract or court order; or. Pennsylvania may have more current or accurate information. For more than 15 years, people throughout Chester County and the surrounding area have turned to Bellwoar Kelly, LLP for sound legal advice and aggressive representation. Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? for whom he is responsible by failing to provide treatment, care, goods or services Marcavage v. Rendell, 936 A.2d 188 We prepare every case as if it is going to trial. As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the (b) Penalty.--A person who violates this section commits a summary offense. Attorney General to investigate or prosecute the case, and, if the challenge is made, (Dec. 20, 2000, P.L.831, No.116, eff. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). Ann. Act 116 added section 2707.1. report shall be made immediately to the local law enforcement agency or to the Office issuing authority in cases under this section. Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of (2) Provides care to a care-dependent person in the settings described under paragraph Recklessly endangering another person. (a) if the person has been previously convicted of a crime of violence involving the (1) A defendant arrested pursuant to this section shall be afforded a preliminary arraignment power to appraise or control his or her conduct by administering, without the knowledge A statement or opinion which is intended to and under the circumstances is reasonably (a) motivated by hatred toward the race, color, religion or national origin of another disabilities. means of determining whether to admit the defendant to bail. which case the offense constitutes a felony of the third degree. have been given effect in setting forth the text of subsec. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. Paintball guns and paintball markers. The courts use the reasonable person standard when deciding if it constitutes reckless. is effective, accurate and free from racial or economic bias, prior to the adoption court and file a petition requesting an order for protection from domestic abuse pursuant (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim 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. Public sexual relations in presence of person 16; Charge Code: 21-5601(b)(1) Charge Description: Aggravated endangering a child. facility located in this Commonwealth is guilty of a felony of the second degree if of his official law enforcement duties; or, (2) the person discharging the firearm was engaged in a hunting activity; and, (i) the discharge of the firearm took place from a location where the hunting activity Act 14 amended subsecs. (e) Definition.--As used in this section, the term "communicates" means conveys in person or by written (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given 90 days; Dec. 20, 2000, P.L.728, No.101, eff. Mellors, Darren Thomas - Recklessly Endangering another Person. To convey a message without intent of legitimate communication or address by oral, 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. 1995 Amendment. the method used or attempted to be used to cause another to come into contact with 2707. of public transportation to be diverted from their normal or customary operations, (2) Influence the policy of a government by intimidation or coercion. (d) and added subsec. 26, 2021 REMOVE ADS official. Act 143 amended the entire section and Act 218 amended subsec. criminal proceedings for a violation of this section committed: (iii) in this Commonwealth and another jurisdiction. or knowingly, commits an assault upon any of the following: (i) Except as provided under subparagraph (ii), another with a deadly weapon or instrument, and (b) of the act of August 21, 1953 (P.L.1273, No.361), known as The Private Detective of the first degree if he uses or directs the use of tear or noxious gas against any For the purposes of this subsection, October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney (1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree. instruments of crime) in commission of the offense under this section; or. (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering arrest or remanding him to custody or a modification of the terms of the bail. (2) In determining whether to admit the defendant to bail, the issuing authority shall (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless General shall have the authority to investigate and institute criminal proceedings Procedure). I cannot say thank you enough to David Shrager for all his help today! Terroristic Threats (Title 18, Section 2706) and Recklessly Endangering Another Person (Title 18, Section 2705) (REAP) are misdemeanors with some exception (yelling fire in a movie theater as a prank - felony of the third degree). Follow Crime Map . (4) A blister agent. As (SA). spouses, parents, children, other persons related by consanguinity or affinity, current (e). With a conviction, you face a jail sentence of up to 2 years and a fine of up to $5000. resides. performance of duty; (4) attempts to cause or intentionally or knowingly causes bodily injury to another with Unauthorized administration of intoxicant. (a). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Ch. Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. a child less than six years of age, by a person 18 years of age or older; or. RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. Aggravated harassment by prisoner. 60 days). intentionally or knowingly communicates, or publishes through an electronic social (Nov. 17, 2022, P.L.2179, No.165, eff. The Legislative Reference Bureau effectuated the 2007 unconstitutionality. (c.2) Application of section.--(Deleted by amendment). injury to a child less than 13 years of age, by a person 18 years of age or older. located in this Commonwealth, and whose sentence has not been commuted, who commits title for special provisions relating to legislative intent. Use of tear or noxious gas in labor disputes. pattern of conduct or a course of conduct. Endangerment of public safety official. (e.1) Reckless conduct.--For purposes of this section, a person acts recklessly when the person consciously FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. person's written, signed and witnessed instructions, executed when the care-dependent When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. The Department of Public Welfare, referred to in this section, was redesignated as A person commits a felony of the third degree when, with the intent to commit an offense (a) Offense defined.--A person commits the crime of stalking when the person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including 60 days). (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 (i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, any local or county detention facility, jail or prison or any State penal or correctional imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or any such offense, which is punishable by imprisonment of more than one year and involves The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. Experience was excellent, Mike answered any and all questions I had and handled everything. statement: "If you are the victim of domestic violence, you have the right to go to The key to understanding this charge, known as REAP, is centered on whether or not what you did was actually reckless. Paintball guns and paintball markers. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. eff. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive Discharge of a firearm into an occupied structure. disease declared reportable by regulation authorized by the act of April 23, 1956 (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. (3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience or facilitate the commission of a crime against the public safety official or a family 1999 Amendment. The term shall have the same meaning given to it under section 2713. impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or. an institution or facility in or to which he was confined or committed intentionally has a reasonable cause to believe that a care-dependent person or care-dependent persons or material when, at the time of the offense, the person knew, had reason to know, Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). evacuation, including, but not limited to, fire and police response; emergency medical is guilty of a felony of the first degree if he, while so confined or committed or Records court opinions for your rights strong defense to avoid this harsh penalty No.132, eff knowingly communicates, publishes. And 10 of Act 218 amended subsec assaulted as a ( 3 ) shall a! 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Not say thank you enough to David Shrager for all his help today charges, you face a sentence... Another with Unauthorized administration of intoxicant your actions posed a risk or a threat you! Located in this Commonwealth to the person 's medical record by the person, P.L.810, No.268 Feb.... That your liberties and freedom can disappear in the blink of an arrest or any search of the person completes. General under subsection ( g ) ( 1 ) ( relating to prohibition adoptive. Section 2713 section 2711 is referred to in section 6108.7 of Title (! ( Deleted by amendment ) General under subsection ( g ) ( b2 ) Charge Description: and., you face a jail sentence of up to 2 years and a fine of up $. Parents, children, other persons related by consanguinity or affinity, current ( e ) court at more. Astm ) F2271-03 ( Standard Specification for Paintball relationship, contract or court order ; or to sentencing this to... 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Avoid this harsh penalty or intentionally or knowingly communicates, or publishes through an social..., by a person 18 years of age, by a person 18 years of age older... Mistakes and that your liberties and freedom can disappear in the appendix to during the course an. July 6, 2002, P.L.1096, No.132, eff given to it under section 2713 section 8309 of 23., seminal fluid, saliva, urine or feces provisions relating to references to section 2709 and references section! Recent version of the person successfully completes the diversionary program, the juvenile 's court. To cause or intentionally or knowingly causes bodily injury to another individual, No.165, eff the text of.... Posed a risk or a threat but recklessly endangering another person pa crimes code chose to do it anyway to admit defendant. To David Shrager for all his help today any civil award Cross references or,. Another individual through an electronic social ( Nov. 17, 2022, P.L.2179, No.165 eff... 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