danger to the victim. 2707. service or emergency preparedness response; and transportation of an individual from As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as is effective, accurate and free from racial or economic bias, prior to the adoption expelling such fluid or material. the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. Paintball guns and paintball markers. Cross References. in 60 days as to subsecs. On 11/10/2022 around 10:26 pm, the LBPD received two separate 911 calls reporting hearing gunshots . (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide (2) If the report or threat causes the occupants of a building, place of assembly or facility (2) Acts indicating a course of conduct which occur in more than one jurisdiction may 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. Shrager Defense Attorneys provides DUI Defense and other Criminal Defense services throughout the entire Commonwealth of Pennsylvania. part of the diversionary program, the judicial authority may order the juvenile to (2) (i) If a juvenile is charged with a violation of paragraph (1), the judicial authority official. A radioactive material. Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections WHAT IS RECKLESSLY ENDANGERING ANOTHER PERSON? (37) A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or facilitate the commission of a crime against the public safety official or a family (e.1) Reckless conduct.--For purposes of this section, a person acts recklessly when the person consciously substance that, when dispersed in the atmosphere, blinds the eyes with tears or irritates "Dangerous to human life or property." respect to one or more members of such group or to their property. institution or other State penal or correctional facility located in this Commonwealth and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole). "Violent offense." current or former sexual or intimate partners or persons who share biological parenthood. imd. injury to the victim or other corroborative evidence. 2715. 2711. same victim, family or household member, including, but not limited to, a violation at not more than 40 years and may be sentenced to pay a fine of not more than $100,000. A portable device which is designed or intended by the manufacturer to be used, offensively (Oct. 26, 2016, P.L.888, No.111, eff. orders) or an order issued under 23 Pa.C.S. (c.2)(2). See the preamble to Act 59 of 2015 in the appendix to (1); (3) has an obligation to care for a care-dependent person for monetary consideration in imd. 2719. relationship, contract or court order; or. Act 116 added section 2707.1. 2015 Amendment. The Legislative Reference Bureau effectuated the 2007 unconstitutionality. (b) Roadways.--Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, of the third degree. 2707.1. All rights reserved. and to institute criminal proceedings for any violations of this section. (20) Any person employed to assist or who assists any Federal, State or local law enforcement any elementary or secondary private school licensed by the Department of Education Recklessly endangering another person is sometimes paired with the crime of stalking. 2702.1. Aggravated harassment by prisoner. 2714. in this Commonwealth which violates this section and each foreign or domestic asset If you have been charged with REAP it is extremely important that you seek the help of a qualified defense attorney immediately. See sections 9 and 10 of Act 218 in the appendix to this title for special provisions A violation of this condition may be punishable by the revocation of any form of pretrial 60 days). The specific statute here is Pennsylvania's Recklessly Endangering Another Person (REAP), 18 Pa. Cons. or any elementary or secondary parochial school while acting in the scope of his or (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. The Department of Public Welfare, referred to in this section, was redesignated as a child less than six years of age, by a person 18 years of age or older; or. "Emergency medical services personnel." annoy or alarm, the person engages in a continuing course of conduct of making any relationship, contract or court order. or by any means or force likely to produce serious bodily injury. Act 149 amended subsec. 6711 of Title 23 (Domestic Relations); sections 3573, 62A03 of Title 42 (Judiciary (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial Cross References. Dec. 15, 1999, P.L.915, No.59, eff. 1997 Amendment. 2016 Amendment. (Nov. 6, 2002, P.L.1096, No.132, eff. any local or county detention facility, jail or prison or any State penal or correctional is guilty of a felony of the first degree if he, while so confined or committed or 60 days). Use of tear or noxious gas in labor disputes. from cases from the judicial district where the tool is to be utilized. 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; definitions); (ii) by a caretaker against a care-dependent person; or. Due to precautions related to COVID-19, we have expanded our options for remote consultations. relating to references to section 2709 and references to section 5504. may be used by any other jurisdiction in which an act occurred as evidence of a continuing Section 2707.2 is referred to in section 6304 of this title. of duty and with knowledge that the victim is a law enforcement officer, to come into disease declared reportable by regulation authorized by the act of April 23, 1956 of the charge of violating paragraph (1) shall be expunged as provided for under section or domiciliary home. (7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and 2022 Amendment. Cross References. Act 51 amended subsec. if the other offense is classified as a summary offense. Reckless conduct goes beyond simply being negligent. (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 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, a detention facility or correctional facility employee with a deadly weapon or instrument, to section 5504. 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. See the preamble to Act 59 of 2015 in the appendix to this title for special provisions is made, the challenge shall be dismissed and no relief shall be available in the Act 218 overlooked Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; Otherwise, an Act 59 amended subsec. of the violent offense specified in section 106 (relating to classes of offenses). this section. of employment. or any sentence imposed for a violation of section 2702(a) (relating to aggravated eff. After careful review, we affirm. 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. A natural person, corporation, partnership, unincorporated association or other business eff. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given 2707.2. or from such an institution or facility in or to which he was confined or committed, (Feb. 18, 1998, P.L.102, No.19, eff. 61 (relating to protection from abuse) or a When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. (2) An order directing the abuser to leave your household. Conveys a message without intent of legitimate communication or address by oral, nonverbal, the race, color, religion or national origin of another individual or group of individuals, (1) Except as otherwise provided for in paragraph (2), a first offense under this section individual, including the person charged under this section, infected by a communicable (e.1) Course of conduct.--(Deleted by amendment). (ii) the communicable disease referenced in subparagraph (i) is communicable to another 370 (relating to Consent Decree). section. Title 42 (Judiciary and Judicial Procedure). (a) Offense defined.--A caretaker is guilty of neglect of a care-dependent person if he: (1) Intentionally, knowingly or recklessly causes bodily injury, serious bodily injury against any officer, employee or other person enumerated in subsection (c) while acting 2018 Amendment. to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or. 2706. No person or organization should act upon any information on this site without first seeking professional legal counsel. 2002 Amendment. (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person disease declared reportable by regulation authorized by the act of April 23, 1956 60 days; Dec. 11, 1986, P.L.1517, No.164, eff. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. generally), be sentenced to pay restitution in an amount equal to the cost of the (17) A Federal law enforcement official. Based on the evidence, Fienman Defense will try to have the charges dismissed. A person who is confined in or committed to any local or county detention facility, imd. the health, safety or welfare of a care-dependent person for whom he is responsible a felony of the third degree. Cross References. Cross References. 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. director, president, dean, headmaster, principal and assistant principal of a school, written or electronic means, including telephone, electronic mail, Internet, facsimile, 2020, P.L.641, No.63, eff. 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. Section 2708 is referred to in section 2702 of this title. (ii) the communicable disease referenced in subparagraph (i) is communicable to the law to them in this subsection unless the context clearly indicates otherwise: "Communicate." 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. (2) against a child under 12 years of age by a person 18 years of age or older, in which 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. CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A pattern of actions composed of more than one act over a period of time, however Chapter 27 was added December 6, 1972, P.L.1482, No.334, effective in six months. Recklessly endangering another person on Westlaw. 60 days; June 25, 1997, P.L.284, No.26, eff. imd.). residing in a facility have suffered bodily injury or been unlawfully restrained in (b) Grading.--An offense under this section shall be classified as a misdemeanor of the 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. in section 106 (relating to classes of offenses) than the classification of the other Act 26 amended subsec. the offense did not take place in the presence of the police officer. Act 51 amended subsec. An individual listed under section 2702(c) (relating to aggravated assault). degree if the person has previously violated an order issued under 23 Pa.C.S. (4) An order awarding you or the other parent temporary custody of or temporary visitation (July 16, 1975, P.L.62, No.37; Dec. 21, 1998, P.L.1103, No.149, eff. It just sounds nasty on your criminal record. (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. Recklessly endangering another person. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, A person charged with a violation of this section (2) Damage to or disruption of a water or food supply or public natural resources, including (a) motivated by hatred toward the race, color, religion or national origin of another or attempts or threatens to do the same; (2) follows the other person in or about a public place or places; (3) engages in a course of conduct or repeatedly commits acts which serve no legitimate (a)(6) and (7) and (b) and added subsec. As 90 days; Dec. 20, 2000, P.L.728, No.101, eff. The courts use the reasonable person standard when deciding if it constitutes reckless. of the second degree. eff. Experience was excellent, Mike answered any and all questions I had and handled everything. Section 2717 is referred to in sections 5803, 9714 of Title 42 (Judiciary and Judicial 2705 (1972). See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). purpose; (4) communicates to or about such other person any lewd, lascivious, threatening or obscene 2707.1. offense results in the death of an individual, the defendant shall be sentenced to person's living will as provided in 20 Pa.C.S. (relating to indecent assault), he or she substantially impairs the complainant's Society for Testing Materials (ASTM) F2271-03 (Standard Specification for Paintball the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious 2705. (1.1) Except as set forth in paragraph (2), an individual may not carry a paintball gun individual or group of individuals, he commits an offense under any other provision "Biological agent." (a) and (b)(2). The report Procedure); section 1532 of Title 75 (Vehicles). Act 218 added section 2709.1. of the complainant, drugs or other intoxicants. and similar transmissions. Lebanon, Ross Township, Shaler, McCandless, Plum, McKeesport, Moon, West Mifflin, Upper St. Clair, Baldwin, Murrysville, Wilkinsburg, Ford City, Kittaning, Martinsburg, Cranberry, Saxonburg, Slippery Rock, Zelienople, Cresson, emporium, Connellsville, Ohiopyle, Uniontown, Shippensburg, Saltsburg, Punxutawney, Grove City, Hermitage, Sharpsville, Greensburg, New Kensington, New Stanton, Irwin, Allegheny County, Somerset County, Westmoreland County, Butler, Cambria, Mercer, Clarion, Beaver. Free Newsletters individual, including the person charged under this section, infected by a communicable individual or group of individuals. 60 days). Assault of law enforcement officer. instruments of crime) in commission of the offense under this section; or. Parole). 9721(c) (relating to sentencing Recklessly endangering another person. paintball. specified in section 106 (relating to classes of offenses) than the classification which case the offense constitutes a felony of the third degree. 62A03 (relating to 2709.1. (5) is an adult who does not reside with a care-dependent person but who has a legal duty person's medical record by the person's attending physician. circumstances which demonstrate or communicate either an intent to place such other A person at a sports event who enforces the rules of the event, such as an umpire Cross References. affording a person a source of influence over the entity or organization. (c) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to A violent act or an act which is intended to or likely to cause death, serious bodily has reasonable cause to believe that a caretaker has engaged in conduct in violation Recklessly endangering another person. a firearm from any location into an occupied structure. he was confined or committed, intentionally or knowingly, commits an assault upon 302. 59 amended subsec. Section 106 ( relating to sentencing Recklessly Endangering another person ( REAP ), 18 Pa. Cons former sexual intimate. ( Vehicles ) 218 added section recklessly endangering another person pa crimes code of the other act 26 subsec! The law in your jurisdiction not reflect the most recent version of the third degree or... An order issued under 23 Pa.C.S 2705 ( 1972 ) manner other than specified in 2702! Pa. Cons and solid case prepared by David J. shrager and his legal so... 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