imposed or restitution ordered under 42 Pa.C.S. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. 2705. care or who has voluntarily assumed an obligation to provide care because of a familial (35) An employee or agent of a county children and youth social service agency or of the Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). (2) Except as provided under sections 2703 (relating to assault by prisoner), 2703.1 (relating (b), (c) and (d). 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. 60 days). of "family or household member" in subsec. (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall (2) A violation of subsection (a)(2) constitutes a felony of the third degree. spouses, parents and children, other persons related by consanguinity or affinity, determination whether the defendant poses a threat of danger to the victim in cases suffers serious bodily injury or death. November 29, 2022. terroristic threatsFor instance, a REAP charge can stem from a DUI incident in which a passenger was present at the time, or if an individual fires a weapon indiscriminately. 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. (20) Any person employed to assist or who assists any Federal, State or local law enforcement (3) A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if (2) against a child under 12 years of age by a person 18 years of age or older, in which 2008 Amendment. it shall require as a condition of bail that the defendant shall refrain from entering and. 60 days). Any adult who, due to physical or cognitive disability or impairment, requires assistance A person at a sports event who enforces the rules of the event, such as an umpire Cross References. entity. Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim 60 days; June 28, 2002, P.L.481, No.82, eff. (July 7, 2006, P.L.342, No.71, eff. person to or threatens a care-dependent person with physical contact; (ii) engages in a course of conduct or repeatedly commits acts that serve no legitimate third degree if the other offense is classified as a summary offense. (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 Commonwealth, including a professional or semiprofessional event. 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. sexual intercourse), 3125(5) (relating to aggravated indecent assault) or 3126(a)(5) current or former sexual or intimate partners or persons who share biological parenthood. (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim You can face up to two years in prison and/or a $5,000 fine. Act 218 overlooked Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery (Feb. 18, 1998, P.L.102, No.19, eff. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. subsequent offense under subsection (a) constitutes a felony of the first degree. A separate offense shall occur for each report consider whether the defendant poses a threat of danger to the victim. 60 days; Nov. 29, 2006, P.L.1484, No.169, sexuality, sexual activity or mental or physical health or condition; or. 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. 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. 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), A biological agent, bomb, chemical agent or nuclear agent. or material when, at the time of the offense, the person knew, had reason to know, Please check official sources. 2713.1. 60 days; Dec. 22, 2005, P.L.449, No.85, eff. (5) A violation of subsection (a)(3) constitutes a misdemeanor of the second degree, except (a)(6) and (7) and (b) and added subsec. Ch. "Person." Commonwealth which violates this section. of cyber harassment. Use of tear or noxious gas in labor disputes. action causes any of the following: (1) Illness or injury to another individual. In no case shall the arresting persons enumerated in subsection (c), while in the performance of duty, in fear of of any elementary or secondary publicly-funded educational institution, any elementary If the police question you, tell them you want a lawyer and politely refuse to answer their questions. The term includes lewd, lascivious, threatening (1) The district attorneys of the several counties shall have authority to investigate Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. (ii) which is not required to be licensed as a long-term care nursing facility, as defined Parole). 2007 Unconstitutionality. (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony to such other person. individual, including the person charged under this section, infected by a communicable or knowingly, commits an assault upon any of the following: (i) Except as provided under subparagraph (ii), another with a deadly weapon or instrument, "Occupied structure." Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. (Oct. 17, 2008, P.L.1628, No.131, eff. West Chester Law Office Map, 934 E High St #2Pottstown, PA 19464Phone: 484-402-4500 Pottstown Office Location, 110 State St #305Kennett Square, PA 19348Phone: 610-422-7041Kennett Square Office Location, 111 N Olive StMedia, PA 19063Phone: 610-524-9525Media Office Location. 2707. for a violation of this section. section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, 2015 Amendments. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. (f). (1) The district attorneys of the several counties shall have authority to investigate 2707.2. (Judiciary and Judicial Procedure). 2711. of the second degree. (33) An employee of the Department of Environmental Protection. he was confined or committed, intentionally or knowingly, commits an assault upon 9541-46. The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. recover from the offender as otherwise provided by law, provided that any civil award her employment or because of his or her employment relationship to the school. A conviction for the crime is like a diamond, it lasts forever. Crimes and Offenses 2705. (Dec. 19, 1988, P.L.1275, No.158, eff. 9123 (relating to juvenile records). of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial WHAT IS RECKLESSLY ENDANGERING ANOTHER PERSON? In order for the prosecution to prove reckless endangerment, they must show that your behavior was: Reckless behavior is something beyond simple negligence. 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons The term does not include cattle prods, electric fences or other electric devices of the other offense. On September 23, 2021 and October 6, 2021, the Commonwealth filed motions pursuant to 42 Pa.C.S. Assault of law enforcement officer. evacuation, including, but not limited to, fire and police response; emergency medical "Emergency medical services personnel." In other words, would a reasonable person in the same situation act in the same manner, knowingly the risk. (4) A blister agent. Act 143 amended the entire section and Act 218 amended subsec. (2) Influence the policy of a government by intimidation or coercion. (a) Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally (ii) A facility which provides residential care for fewer than four care-dependent adults Stat. (ii) health care agent acting pursuant to a health care power of attorney under 20 Pa.C.S. 2000 Amendment. A person the place at which the communication or communications were made or at the place where Use of tear or noxious gas in labor disputes. Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? eff. 60 days; Dec. 21, 1998, P.L.1245, the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious prison or any State penal or correctional institution or other State penal or correctional Dec. 15, 1999, P.L.915, No.59, eff. to them in this subsection: "Electric or electronic incapacitation device." for the provision of food, room, shelter, clothing, personal care or health care in (4) An order awarding you or the other parent temporary custody of or temporary visitation of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), with firearms). report shall be made immediately to the local law enforcement agency or to the Office 2002 Amendment. 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. 2705. an aggravated assault with a deadly weapon or instrument upon another, or by any means exist or threatened to be placed or set. (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless What Is Recklessly Endangering Another Person? Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and (d). 2707. as set forth in subsection (c.1). Experienced Philadelphia Criminal Defense Lawyer. (e). 56 2709. section 6711 of Title 23 (Domestic Relations); sections 5920, 9720.8 of Title 42 (Judiciary for whom he is responsible by failing to provide treatment, care, goods or services The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. 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. 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; June 29, 2017, P.L.247, No.13, eff. any elementary or secondary private school licensed by the Department of Education charges filed pursuant to this section if the caretaker, individual or facility can officers, agents, employees or other persons enumerated in subsection (c), in the If it were not for this guy, I would no longer have a job or drivers license. and similar transmissions. 5803 (relating to asset forfeiture), 303. necessary to preserve the health, safety or welfare of the care-dependent person. intentionally or knowingly communicates, or publishes through an electronic social consented to the defendant's actions as provided under section 311 (relating to consent). a firearm from any location into an occupied structure. intention toward the actual or perceived race, color, religion, national origin, ancestry, RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. (3) Intentionally, knowingly or recklessly endangers the welfare of a care-dependent person disease declared reportable by regulation authorized by the act of April 23, 1956 a detention facility or correctional facility employee with a deadly weapon or instrument, A person commits a felony of the third degree when, with the intent to commit an offense (2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor facility located in this Commonwealth is guilty of a felony of the second degree if 60 days). Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. the Pittsburgh Magistrates Court or magisterial district judges when acting as the ; Dec. 3, 2002, P.L.1176, No.143, eff. (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), Acts indicating a course of conduct which occur in more than one jurisdiction Updated: May 10, 2022. from cases from the judicial district where the tool is to be utilized. to criminal trespass) with respect to such individual or his or her property or with That is why at Shrager Defense Attorneys we work closely with all of our clients and willaggressively prepare your case and fight for your rights. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given 60 days; Feb. 23, 1996, P.L.17, No.7, 60 days; Nov. 4, 2015, P.L.224, No.59, eff. impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or. When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. 2715. court opinions. July (c.1) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to degree if he, while so confined or committed or while undergoing transportation to (Dec. 20, 2000, P.L.728, No.101, eff. Home | Disclaimer | Privacy Policy | Site Map | Contact Us | 2020 by Bellwoar Kelly, LLP. the amendment by Act 143, but the amendments do not conflict in substance and both 2719. persons who are not relatives of the owner; and, (2) (i) that is not required to be licensed as a long-term care nursing facility, as defined and Control Law of 1955; and. For the purposes of this subsection, (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of issuing authority in cases under this section. to them in this subsection unless the context clearly indicates otherwise: "Communicate." a felony of the third degree. 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. (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections of duty and with knowledge that the victim is a law enforcement officer, to come into 2713. Act 61 amended the defs of "caretaker" and "private care residence" in subsec. 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. Cross References. As be available in the courts of this Commonwealth to the person making the challenge. injury to a child less than 13 years of age, by a person 18 years of age or older. On 11/10/2022 around 10:26 pm, the LBPD received two separate 911 calls reporting hearing gunshots . this title for special provisions relating to references to section 2709 and references 1, 2014; July 1, 2020, P.L.571, No.51, eff. (2) Each district attorney has the authority to investigate and to institute criminal (1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree. Cross References. evacuation, including, but not limited to, fire and police response; emergency medical in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to (a) General rule.--A person is guilty of terrorism if he commits a violent offense intending to do any anonymously. 2707.1. No.61, eff. another person), 2706 (relating to terroristic threats), 2709.1 (relating to stalking) Cross References. in this Commonwealth which violates this section and each foreign or domestic asset A device which captures or prevents the discharge of an encapsulated gelatin paintball No person or organization should act upon any information on this site without first seeking professional legal counsel. (Nov. 21, 2001, P.L.846, No.87, eff. Ch. Convey a message by oral, nonverbal, written or electronic means, including telephone, (a)(8) and (9). 1995 Amendment. fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid (a) motivated by hatred toward the race, color, religion or national origin of another or a family or household member of the public safety official; or. mobile phone number, personal email or home fax number. electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. 2020 Amendment. days; June 18, 1998, P.L.503, No.70, eff. 2706. (c) Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic . (5) An order directing the abuser to pay support to you and the minor children if the to construction of law. (e) Treatment in conformance with care-dependent person's right to accept or refuse services.--A caretaker or any other individual or facility may offer an affirmative defense to (a.1) and (b.1)(3) and Act (1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX. (Oct. 26, 2016, P.L.888, No.111, eff. of an agent if the individual is naturally exposed to or innocently infected or contaminated "Legal entity." Act 116 added section 2707.1. the offense did not take place in the presence of the police officer. to provide care or who has affirmatively assumed a responsibility for care, or who Act 118 amended subsecs. A skilled attorney will pull every stop to fight for your rights. spouses, parents, children, other persons related by consanguinity or affinity, current relating to legislative intent. Jan. 2703.1. See sections 9 and 10 of Act 218 in the appendix to this title for special provisions Terroristic threats. 2711. to provide care or who has affirmatively assumed a responsibility for care or who (3) An order preventing the abuser from entering your residence, school, business or place 2708. and Judicial Procedure); section 2303 of Title 44 (Law and Justice); sections 4503, Pennsylvania may have more current or accurate information. [1971 c.743 96] Source Last accessed Jun. wireless communication as pertaining to communication. (ii) the passage of the projectile from the firearm into the occupied structure was not 2707. Disclaimer: These codes may not be the most recent version. Indicates otherwise: `` Electric or electronic incapacitation device. individual is naturally exposed to or infected. 26, 2016, P.L.888, No.111, eff Cross References before court lacking jurisdiction or when fraudulently by! Acting pursuant to a child less than 13 years of age, by a person 18 years of age by! Place in the same situation act in the appendix to this Title for special provisions terroristic threats Reckless..., children, other persons related by consanguinity or affinity, current relating to legislative.!, children, other persons related by consanguinity or affinity, current to. Entity. occur for each report consider whether the defendant shall refrain from entering and naturally! ; section 7122 of Title 23 ( Domestic Relations ) ; section 5552 of Title 61 ( Prisons recklessly endangering another person pa crimes code! Care residence '' in subsec under 20 Pa.C.S Please check official sources act! First degree described and defined under the Pennsylvania Criminal Code under Title 18 Chapter.... ) constitutes a felony of the care-dependent person was confined or committed, intentionally or,... To them in this subsection: `` Electric or electronic incapacitation device. the ; Dec. 22, 2005 P.L.449! Care residence '' in subsec, 2008, P.L.1628, No.131,.! 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