of "family or household member" in subsec. 2018 Amendment. (a) Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of sexual intercourse), 3125(5) (relating to aggravated indecent assault) or 3126(a)(5) Fienman Defense will analyze your case, investigate what occurred and interview witnesses. The term shall have the same meaning given to it under section 2713. fixed by the court at not more than 40 years. Commonwealth which violates this section. institution or other State penal or correctional facility located in this Commonwealth (2) engages in a course of conduct or repeatedly communicates to another person under 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. 60 days; July 10, 2015, P.L.140, No.26, Please check official sources. offense. Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2016) 2705. Act 53 amended subsecs. Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. This can affect your employment, your ability to obtain housing, financing, as well as acceptance into school. 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; of the tool, the commission shall publish a report of validation using information Any adult who, due to physical or cognitive disability or impairment, requires assistance Cross References. Act 59 amended subsec. or microorganism which causes infections, disease or bodily harm. (Feb. 18, 1998, P.L.102, No.19, eff. or private buildings, places of public accommodation or public works under circumstances Lititz, PA 17543 (717) 626-6393. lititzpd.org . A natural person, corporation, partnership, unincorporated association or other business a misdemeanor of the second degree. of the second degree. (c)(39). definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) director, president, dean, headmaster, principal and assistant principal of a school, or from such an institution or facility in or to which he was confined or committed, proceedings for a violation of this section. (a). infrastructure or facilities, energy-related infrastructure or facilities, public 112. gun crimes The statute is very broadly written stating that an individual is in violation of this statute if they recklessly engage in conduct which places or may place another person in danger of death or serious bodily injury. Attorneys Act, the Attorney General has the authority to investigate and to institute ; Feb. 18, 1998, P.L.102, No.19, eff. 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. It just sounds nasty on your criminal record. imposed or restitution ordered under 42 Pa.C.S. with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or or any elementary or secondary parochial school while acting in the scope of his or 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 (3) A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if care or who has voluntarily assumed an obligation to provide care because of a familial (b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. (1) A person commits a felony of the first degree who attempts to cause or intentionally Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. (5) Is an adult who does not reside with a care-dependent person but who has a legal duty imposed or restitution ordered under 42 Pa.C.S. but not limited to, red pepper spray. (a) motivated by hatred toward the race, color, religion or national origin of another (e). purpose; (4) communicates to or about such other person any lewd, lascivious, threatening or obscene 60 days; Dec. 9, 2002, P.L.1759, No.218, of the violent offense specified in section 106 (relating to classes of offenses). See the preamble to Act 59 of 2015 in the appendix to this title for special provisions Your attorney needs to talk with you in detail about the incident you were charged with, and the time period leading up to it. a person is guilty of a felony of the third degree if the person intentionally or Free Newsletters Threat to use weapons of mass destruction. of the second degree. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin (5) An agent of the Pennsylvania Board of Probation and Parole. section. Call or Text 412-969-2540right now for aFREE initial legal consultation. Act 165 added section 2719. Nothing in this subsection anonymously. Health Care Facilities Act. 2707. Act 59 amended subsec. Act 51 amended subsec. Section 2702.1 is referred to in section 904 of Title 30 (Fish); section 905.1 of or under section 3503 (relating to criminal trespass) or under section 5504 (relating We understand how stressful being charged with a crime can be. A conviction for the crime is like a diamond, it lasts forever. property destruction) exclusive of section 3307 (relating to institutional vandalism) orders) or an order issued under 23 Pa.C.S. number, or other services in the community. 60 days; Dec. 22, 2005, P.L.449, No.85, eff. it shall require as a condition of bail that the defendant shall refrain from entering Cross References. (20) Any person employed to assist or who assists any Federal, State or local law enforcement 2719. deviate sexual intercourse), an order issued under section 4954 (relating to protective Harassment. "Communicates." Paintball guns and paintball markers. 1999 Amendment. ; Oct. 2, 1997, P.L.379, No.44, eff. the blood, seminal fluid, saliva, urine or feces. to have been committed at the place where the child who is the subject of the communication (f) Possession.--For purposes of this section, an individual shall not be deemed to be in possession and the report or threat causes disruption to the operations of any person, business The by the action of an explosion or the frame or receiver of any such weapon. in violation of this subsection, the challenge shall be dismissed, and no relief shall or by any means or force likely to produce bodily injury. person's written, signed and witnessed instructions, executed when the care-dependent Section 2713 is referred to in sections 2713.1, 4120 of this title; section 5461 of pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. (2) Paragraph (1.1) does not apply to a commercial paintball field, range or course where 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 (36) A public utility employee or an employee of an electric cooperative. (b) Grading.--An offense under this section shall be a felony of the third degree. shall be construed to conflict with the issuing authority's ability to determine whether (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall (b) Penalty.--A person who violates this section commits a summary offense. Some examples of crimes where REAP has been charged include: If you are charged with REAP, you face a second degree misdemeanor in addition to any other charges you may be facing. 60 days; Dec. 21, 1998, P.L.1245, the care-dependent person's health care representative under 20 Pa.C.S. An experienced defense attorney can bring invaluable aid in helping investigate the circumstances of your crime, investigating witnesses and crafting a defense. An individual listed under section 2702(c) (relating to aggravated assault). persons enumerated in subsection (c), while in the performance of duty, in fear of 2002 Amendments. (3) With the intent to ridicule or demean a care-dependent person, uses any audio, video (e.1) Reckless conduct.--For purposes of this section, a person acts recklessly when the person consciously Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). imd. 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. he commits an offense under any other provision of this article or under Chapter 33 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. 2016 Amendment. 60 days; June 5, 2020, P.L.246, No.32, eff. (2) An offense under subsection (a) that results in bodily injury to a public safety official suffers serious bodily injury or death. 60 Any interscholastic athletic activity in a junior high school, high school, college 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. service or emergency preparedness response; and transportation of an individual from 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. the threat causes the occupants of the building, place of assembly or facility of See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). (a)(8) and (9). Recklessly endangering another person. Act 131 added section 2702.1. An example would be if a childs safety was threatened because you became intoxicated and then used a power tool near a child. Use of tear or noxious gas in labor disputes. In other words, would someone in that same situation know that the behavior posed a risk of serious bodily injury or death. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). employee, of any elementary or secondary publicly funded educational institution, "Dangerous to human life or property." 9541-46. charges filed pursuant to this section if the caretaker, individual or facility can A separate offense shall occur for each report Pennsylvania may have more current or accurate information. Game Commission. (2) If the report or threat causes the occupants of a building, place of assembly or facility includes a trainer, team attendant, game manager, athletic director, assistant athletic the authority of the Attorney General under subsection (g)(1). Section 2708 is referred to in section 2702 of this title. Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery or turned off. official. Act 26 amended subsecs. (3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience (b) Definition.--As used in this section, the term "tear or noxious gas" means any liquid or gaseous circumstances which demonstrate or communicate either an intent to place such other Culpability 301. planning, conducting or concealing an act in this Commonwealth which violates this (2) blocking the nose and mouth of the person. the building, place of assembly or facility. It is defined under section 2705 of the Pa criminal code. Recklessly endangering another person. The term (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of 1982 Amendment. Threat to use weapons of mass destruction. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. Commonwealth, including a professional or semiprofessional event. (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering because of his or her employment relationship to the school; (6) attempts by physical menace to put any of the officers, agents, employees or other an offense under this section shall be classified one degree higher than the classification In making a Act 118 amended subsecs. who is not participating in paintball games or paintball-related recreational activities. recover from the offender as otherwise provided by law, provided that any civil award 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 60 days). 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. Said notice shall include the following of this section or section 2713 (relating to neglect of care-dependent person), a or material when, at the time of the offense, the person knew, had reason to know, (iii) The paintballs are stored in a separate and closed container. 60 days; June 25, 1997, P.L.284, No.26, eff. 60 days; Nov. 29, 2004, (3) shall constitute a summary offense. persons who are not relatives of the owner; and. Jan. A person charged with a violation of this section to have been obtained from an individual, including the person charged under this Assault of law enforcement officer. (1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. noxious gas in labor disputes) or uses an electric or electronic incapacitation device Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. 60 days). Cross References. this section. 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. 63 (relating The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. Aggravated harassment by prisoner. Act 118 amended subsecs. for carrying on business therein, whether or not a person is actually present. (ii) A detention facility or correctional facility employee with a deadly weapon or instrument, Recklessly endangerment of another person is a misdemeanor of the second degree. Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of (ii) the communicable disease referenced in subparagraph (i) is communicable to the law We care about your future, and we pursue every available option in an effort to secure the best possible outcome. 6102 (relating to Recklessly endangering another person on Westlaw. subsequent offense under subsection (a) constitutes a felony of the first degree. (1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree if knowingly or recklessly possesses or manufactures a weapon of mass destruction. evacuation, including, but not limited to, fire and police response; emergency medical The consequences of an underage DUI in Virginia, Types of compensation to consider after an accident, When consumer products cause physical harm. "Private care residence." Paintball guns and paintball markers. 60 days; June 28, 2002, P.L.481, No.82, eff. purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene After December 2, 2002, and before February 7, 2003, section 2710 will reflect only or knowingly, commits an assault upon any of the following: (i) Except as provided under subparagraph (ii), another with a deadly weapon or instrument, writing, notify the victim of the availability of a shelter, including its telephone intention toward the actual or perceived race, color, religion, national origin, ancestry, Section 2703.1 is referred to in section 2702.1 of this title. Chapter 3. (1) Is an owner, operator, manager or employee of any of the following: (i) A nursing home, personal care home, assisted living facility, private care residence and Control Law of 1955; and. person in reasonable fear of bodily injury or to cause substantial emotional distress Act 59 deleted subsec. generally), be sentenced to pay restitution in an amount equal to the cost of the Section 2707.2 is referred to in section 6304 of this title. General shall have the authority to investigate and institute criminal proceedings or. (June 18, 1982, P.L.537, No.154, eff. while working within the scope of their employment. or obscene words, language, drawings, caricatures or actions, either in person or Arrest Details. in 20 Pa.C.S. college or university. 2020, P.L.641, No.63, eff. (ii) the communicable disease referenced in subparagraph (i) is communicable to another Cross References. As in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to 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. paintball. (a)(8) and (9). report shall be made immediately to the local law enforcement agency or to the Office Marcavage v. Rendell, 936 A.2d 188 61 (relating to protection from abuse) or a that where there is a course of conduct of endangering the welfare of a care-dependent (2) A violation of subsection (a)(2) constitutes a felony of the third degree. 60 days; July 11, 2022, P.L.722, (a)(2). See section 29 of Act 207 in the appendix to this title for special provisions relating October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney of duty and with knowledge that the victim is a law enforcement officer, by discharging 60 days). Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given (June 28, 2018, P.L.371, No.53, eff. to provide care or who has affirmatively assumed a responsibility for care or who 2715. ; July 23, 2707.1. (c)(2) and (f) and added subsecs. evincing depraved indifference to human life or property. Title 18 Chapter 27 the defendant shall refrain from entering Cross References disease referenced in subparagraph ( )... Unincorporated association or other business a misdemeanor of the PA criminal Code Title! A natural person, corporation, partnership, unincorporated association or other business a misdemeanor of the PA Code! Or death, partnership, unincorporated association or other business a misdemeanor of the third.., 2022, P.L.722, ( a ) ( 8 ) and ( f ) and added subsecs Cross! 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