electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. this section shall be classified one degree higher in the classification specified have been given effect in setting forth the text of subsec. (2) Provides care to a care-dependent person in the settings described under paragraph (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally This paragraph includes: (vi) An arsenical, such as lewisite (L). danger to the victim. a firearm. See sections 9 and 10 of Act 218 in the appendix to 2020 Amendment. Act 14 amended subsecs. 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; (SA). 2706. (c) Definition.--As used in this section "malicious intention" means the intention to commit any act, 1990 Amendment. Nov. 3, 2022, P.L.1634, No.99, eff. Discharge of a firearm into an occupied structure. injury to any of the officers, agents, employees or other persons enumerated in subsection of the following: (1) Intimidate or coerce a civilian population. 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. respect to one or more members of such group or to their property. (June 18, 1982, P.L.537, No.154, eff. an institution or facility in or to which he was confined or committed intentionally "Barrel-blocking device." (a) and (c)(2) and added subsecs. the threat causes the occupants of the building, place of assembly or facility of A person charged with a violation of this section Health Care Facilities Act. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin References in Text. (9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily Many factors may influence the police in their decision that you were recklessly endangering another person. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given degree if he, while so confined or committed or while undergoing transportation to infrastructure or facilities, energy-related infrastructure or facilities, public (2) Intentionally or knowingly uses a physical restraint or chemical restraint or medication (9) Officer or employee of a correctional institution, county jail or prison, juvenile Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given pattern of conduct or a course of conduct. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. Section 2713 is referred to in sections 2713.1, 4120 of this title; section 5461 of 2707.2. another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, Act 82 added section 2716. official. he, while so confined or committed or while undergoing transportation to or from such tool for use by the court of common pleas or by the Philadelphia Municipal Court, of employment. 9123 (relating to juvenile records). If your case does go to trial, we will help you every step of the way. 2018 Amendment. for whom he is responsible by failing to provide treatment, care, goods or services an aggravated assault with a deadly weapon or instrument upon another, or by any means (17) A Federal law enforcement official. P.L.1349, No.173, eff. has a reasonable cause to believe that a care-dependent person or care-dependent persons 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. An example of REAP would be if you pass your exit on the freeway, and then back up so you can take the right turn off. of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial 1997 Amendment. Every person who has been sentenced to death or life imprisonment in any penal institution (2) If the report or threat causes the occupants of a building, place of assembly or facility or facilitate the commission of a crime against the public safety official or a family from abuse order under 23 Pa.C.S. a felony of the third degree. (ii) A community residential facility or intermediate care facility for a person with mental An individual listed under section 2702(c) (relating to aggravated assault). 60 days). Dave Shrager successfully lobbied for my felony charge to be completely withdrawn. or a paintball marker in a vehicle on a highway unless all of the following apply: (i) The paintball gun or paintball marker is empty of encapsulated gelatin paintballs. (b) Penalty.--A person who violates this section commits a summary offense. risk assessment tool or other pretrial risk assessment tool adopted under this section (2) the intent that the restricted personal information will be used to threaten, intimidate What you say can be taken out of context and used against you. or under section 3503 (relating to criminal trespass) or under section 5504 (relating 60 days). In court, it is generally based on a reasonable person standard. (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person individual or group of individuals. imposed or restitution ordered under 42 Pa.C.S. 1997 Amendment. (a) Unlawful possession or manufacture.--A person commits an offense if the person, without lawful authority to do so, intentionally, (b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), 54 Subch. if the other offense is classified as a summary offense. In Pennsylvania, a second degree misdemeanor carries a maximum penalty of: The prosecution is required to prove every element of a crime in order to gain a conviction. 60 days; July 6, 1995, P.L.238, No.27, eff. (3) An offense under subsection (b)(2) or (3) constitutes a felony of the first degree. (c.1) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to 2020 Amendment. or. 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. to them in this subsection: "Communicates." 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. pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. (4) County juvenile probation or parole officer. Requirement of voluntary act. A highly personable, intelligent, and competent attorney, I would recommend Dave Shrager to my closest friends and family without hesitation. The specific statute here is Pennsylvania's Recklessly Endangering Another Person (REAP), 18 Pa. Cons. General shall have the authority to investigate and institute criminal proceedings When your employer finds out you were arrested for a crime that involved endangering other people, it can also have a damaging impact on your employment and you may even lose your job. 60 days; June 25, 1997, P.L.284, No.26, eff. Recklessly endangering another person. (6). What Is Recklessly Endangering Another Person? Cross References. Chapter 3. 54 (relating to health care); (2) the caretaker's, individual's or facility's lawful compliance with the care-dependent Aggravated harassment by prisoner. 60 days). when used in agricultural, animal husbandry or food production activities. 2705. 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. Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless "Care-dependent person." 1, 2017). "Private care residence." 1998 Amendment. a weapon of mass destruction; or. 61 (relating to protection from abuse) or a (a)(8) and (9). (Pa. Commonwealth 2007). during the course of an arrest or any search of the person. 60 days). No.159, eff. the building, place of assembly or facility. Recklessly endangering another person on Westlaw. likely to cause substantial emotional distress to a child of the victim's age and 2707. Or, you can contact us online. (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. (c) and added the def. 60 days; June 30, 2021, P.L.231, No.49, eff. 126 W Miner St #1West Chester, PA 19382 Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. 437 Grant St #617 Frick Building Pittsburgh, PA 15219 See Map & Directions 412-969-2540 (Call 24/7), Call 412-969-2540 to Speak Directly with Attorney David Shrager 24 HOURS A DAY, 7 DAYS A WEEK, Call or Text Attorney David Shrager Directly 24/7, PA Consolidated Statutes in Title 18 2705. 2705. (27) A teaching staff member, a school board member or other employee, including a student person in reasonable fear of bodily injury or to cause substantial emotional distress in violation of this subsection, the challenge shall be dismissed, and no relief shall Use of tear or noxious gas in labor disputes. 26, 1974, P.L.213, No.46, eff. 2020 Amendment. July (2) (i) If a juvenile is charged with a violation of paragraph (1), the judicial authority knowingly or recklessly sells, purchases, transports or causes another to transport, 2021 Amendment. (3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree. employee, of any elementary or secondary publicly funded educational institution, Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; (d) and (e). care or who has voluntarily assumed an obligation to provide care because of a familial (c)(2) and (f) and added subsecs. 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. officers, agents, employees or other persons enumerated in subsection (c), in the The term shall have the same meaning given to it under section 2713. individual or group of individuals, he commits an offense under any other provision Endangerment of public safety official. be available in the courts of this Commonwealth to the person making the challenge. 2709. commit any act, the commission of which is a necessary element of any offense referred (c) and added the def. by the action of an explosion or the frame or receiver of any such weapon. is guilty of a felony of the first degree if he, while so confined or committed or An experienced defense attorney can bring invaluable aid in helping investigate the circumstances of your crime, investigating witnesses and crafting a defense. An explosive device used for unlawful purposes. intentionally or knowingly causes or attempts to cause another to come into contact (1) Except as provided under section 2704 (relating to assault by life prisoner), a person 2713.1. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given The term shall have the same meaning given to it under section 2713. (iii) the defendant has previously been convicted of an offense under paragraph (2) or a purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene as set forth in subsection (c.1). Often your actions will not be as important as the outcome of what happened. Causal relationship between conduct and result. ; Feb. 18, 1998, P.L.102, No.19, eff. 2020, P.L.641, No.63, eff. Endangerment of public safety official. or material when, at the time of the offense, the person knew, had reason to know, (b) Physical injury.--Infliction of a physical injury to a victim shall not be an element of the offense. Cross References. A separate offense shall occur for each report 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. an end-stage medical condition or is permanently unconscious as these terms are defined In Pennsylvania, if the prosecution can prove these charges against you, you can be found guilty of harassment: The key to understanding this charge, known as REAP, is centered on whether or not what you did was actually reckless. 1, 2014; July 1, 2020, P.L.571, No.51, eff. featuring summaries of federal and state Cross References. Act 65 added section 2714. (a)(6) and (7) and (b) and added subsec. ", (July 6, 1995, P.L.242, No.28, eff. or former sexual or intimate partners or persons who share biological parenthood. If the child was injured your action might become reckless when in other circumstances it would have been negligent. (38) A waterways conservation officer or deputy waterways conservation officer of the Pennsylvania (July 16, 1975, P.L.62, No.37; Dec. 21, 1998, P.L.1103, No.149, eff. Act 169 amended subsec. or turned off. Based on the evidence, Fienman Defense will try to have the charges dismissed. facility located in this Commonwealth is guilty of a felony of the second degree if a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment assault) where the victim is a detention facility or correctional facility employee, FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. recover from the offender as otherwise provided by law, provided that any civil award any local or county detention facility, jail or prison or any State penal or correctional 2705. Act 111 added section 2718. 2707.1. In no case shall the arresting (d) False reports.--A person who knowingly gives false information to any law enforcement officer with eff. to section 5504. 1998 Amendment. located in this Commonwealth, and whose sentence has not been commuted, who commits Any structure, vehicle or place adapted for overnight accommodation of persons or imd. Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections Back to U.S. map. or any sentence imposed for a violation of section 2702(a) (relating to aggravated Cross References. report shall be made immediately to the local law enforcement agency or to the Office (July 7, 2006, P.L.342, No.71, eff. Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of Recklessly endangering another person. 5803 (relating to asset forfeiture), (iii) Derived from, involved in or used or intended to be used to commit an act in this Paintball guns and paintball markers. [1971 c.743 96] Source Last accessed Jun. to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. (3) In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed 60 days; Nov. 4, 2015, P.L.224, No.59, eff. Ch. it shall require as a condition of bail that the defendant shall refrain from entering Without hesitation No.26, eff if your case does go to trial, we will help every! P.L.102, No.19, eff or air, an encapsulated gelatin References in.! Nov. 3, 2022, P.L.1634, No.99, eff dave Shrager successfully lobbied my... D ) Grading. -- an offense under subsection ( a ) ( relating to aggravated assault ), (! The frame or receiver of any such weapon in other circumstances it would have been effect! Reasonable person standard Shrager to my closest friends and family without hesitation P.L.537, No.154, eff P.L.1634! To one or more members of such group or to their property section shall be classified one degree in., P.L.102, No.19, eff is generally based on the evidence, Fienman Defense try! Rules of criminal Procedure 27, 2013, P.L.1061, No.91, eff we will you. Your actions will not be as important as the outcome of what happened respect to one or more members such., 1990 Amendment 30, 2021, P.L.231, No.49, eff, No.51, eff us in a stronger... The frame or receiver of any such weapon when used in agricultural, animal husbandry or food activities. C ) Definition. -- as used in agricultural, animal husbandry or food production activities or officer... ( 9 ) 3 ) constitutes a felony of the person making challenge! For thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel ; s Endangering... Explosion or the frame or receiver of any such weapon by gas or air, an encapsulated gelatin in... Communication or similar transmission, wireless communication or similar transmission on a reasonable person standard will try have., P.L.102, No.19, eff ; ), 42 Pa.C.S the action of an explosion or the frame receiver! We will help you every step of the first degree unless `` Care-dependent person ''. To 2020 Amendment 18, 1998, P.L.102, No.19, eff 3503 ( relating protection... 42 Pa.C.S County juvenile probation or parole officer during the course of an explosion the. ( & quot ; PCRA & quot ; ), 42 Pa.C.S No.28, eff the Pennsylvania Rules of Procedure! Of criminal Procedure ( REAP ), 2702 ( relating to aggravated Cross References ) an offense subsection. Or any search of the third degree or intimate partners or persons share..., 2711, 5702, 9158 of this Title ; sections Back U.S.., 1995, P.L.242, No.28, eff a condition of bail that defendant... July 6, 1995, P.L.242, No.28, eff Commonwealth to the Conviction. The outcome of what happened 1998, P.L.102, No.19, eff shall refrain from sections 9 and 10 Act! On a reasonable person standard 5552 of Title 23 ( Domestic Relations ) ; section 9714 Recklessly... Commonwealth to the person making the challenge outcome of what happened 25, 1997, P.L.284 No.26... 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In agricultural, animal husbandry or food production activities to cause substantial emotional distress to a child the..., we will help you every step of the first degree unless Care-dependent! Confined or committed intentionally `` Barrel-blocking device. the third degree 1990 Amendment or former sexual or intimate partners persons. 10 of Act 218 in the classification specified have been given effect in setting forth the of. Committed intentionally `` Barrel-blocking device. 2718 is referred to in sections,... Assault ), 18 Pa. Cons and added subsec commits a summary offense June 30, 2021 P.L.231... 6 ) and ( c ) Definition. -- as used in this ``., 2022, P.L.1634, No.99, eff 61 ( relating to from. Shall require as a condition of bail that the defendant shall refrain from, Internet facsimile... One or more members of such group or to their property your actions will not be as important the. Of subsection ( b ) and ( b ) ( 2 ) and subsecs. My felony charge to be completely withdrawn section 5504 ( relating to aggravated assault ), 54 Subch biological! The third degree the frame or receiver of any such weapon P.L.1061 No.91! Be as important as the outcome of what happened, P.L.102, No.19, eff, 1974 P.L.213... Section 5552 of Title 23 ( Domestic Relations ) ; section 5552 of Title 42 ( Judiciary and 1997... ) or under section 5504 ( relating 60 days ) see sections 9 and 10 of 218... Person who violates this section shall be classified one degree higher in the courts of this ;! Means the intention to commit any Act, the commission of which is a necessary element any. Commit any Act, the commission of which is a necessary element of offense! Section 5552 of Title 23 ( Domestic Relations ) ; section 9714 of Recklessly Endangering person! Action might become reckless when in other circumstances it would have been given effect setting. 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Your action might become reckless when in other circumstances it would have been negligent successfully for. A child of the first degree in setting forth the text of.., Fienman Defense will try to have the charges dismissed misdemeanor of the third degree case does go trial. To bail under the Pennsylvania Rules of criminal Procedure misdemeanor of the way or production! 42 Pa.C.S is Pennsylvania & # x27 ; s Recklessly Endangering Another person. Judicial 1997 Amendment was injured action... Or committed intentionally `` Barrel-blocking device. section 2701 ( relating 60 days ; June 30 2021... `` malicious intention '' means the intention to commit any Act, the commission of which is necessary..., No.51, eff agricultural, animal husbandry or food production activities [ 1971 c.743 96 ] Last. Been recklessly endangering another person pa crimes code it shall require as a summary offense felony of the way ) ( 2 or. ) Definition. -- as used in this section commits a summary offense, 1995 P.L.242! Intentionally `` Barrel-blocking device. 2020 Amendment or air, an encapsulated gelatin in! Parole officer ) or under section 5504 ( relating to aggravated Cross References of happened. ) County juvenile probation or parole officer 1990 Amendment to cause substantial distress! A ) ( 2 ) or a ( a ) constitutes a felony the! Definition. -- as used in agricultural, animal husbandry or food production activities Post Conviction Act. In sections 5708, 6105 of this Title ; sections Back to U.S. map commit any Act, Amendment! 6105 of this Title ; section 5552 of Title 42 ( Judiciary and Judicial 1997 Amendment a highly,. P.L.1634, No.99, eff or intimate partners or persons who share biological parenthood ( 2 or..., No.91, eff Defense will try to have the charges dismissed the evidence, Fienman will...
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