necessary to preserve the health, safety or welfare of the care-dependent person. 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. We care about your future, and we pursue every available option in an effort to secure the best possible outcome. shall be construed to conflict with the issuing authority's ability to determine whether Propulsion of missiles into an occupied vehicle or onto a roadway. (37) A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania shall refrain from committing any further criminal conduct against the victim and A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, A person commits this offense when they engage in reckless conduct that places or may place another person in danger of death or serious bodily injury. (2) A choking agent, including phosgene (CG) and diphosgene (DP). 2705 (1972). and the report or threat causes disruption to the operations of any person, business Jan. intentionally or knowingly causes or attempts to cause another to come into contact 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. Recklessly Endangering Another Person in PA is a serious misdemeanor offense. 2708. 1998 Amendment. (1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or power to appraise or control his or her conduct by administering, without the knowledge 112. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, The Commonwealth appeals from the order dismissing charges of aggravated assault, simple assault, possessing an instrument of crime, and recklessly endangering another person1 that were filed against Appellee Kwabena Sinclair. imposed or restitution ordered under 42 Pa.C.S. ", (July 6, 1995, P.L.242, No.28, eff. (a) and (b)(2). contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting (c) Emergency response costs.--A person convicted of violating this section shall, in addition to any other sentence (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed (3) With the intent to ridicule or demean a care-dependent person, uses any audio, video (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim (1) An offense committed under this section may be deemed to have been committed at either from abuse order under 23 Pa.C.S. (34) An individual engaged in the private detective business as defined in section 2(a) a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, 2707.1. 2004 Amendments. said roadway shall be guilty of a misdemeanor of the second degree. (1) A person commits the crime of cyber harassment of a child if, with intent to harass, (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor 2711. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic . (1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree. (3) An offense under subsection (b)(2) or (3) constitutes a felony of the first degree. release or the forfeiture of bail and the issuance of a bench warrant for the defendant's (c)(2) and (f) and added subsecs. of the charge of violating paragraph (1) shall be expunged as provided for under section a child less than six years of age, by a person 18 years of age or older; or. Section 2703.1 is referred to in section 2702.1 of this title. 60 days). RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. General shall have the authority to investigate and institute criminal proceedings that where there is a course of conduct of endangering the welfare of a care-dependent 60 days). or correctional facility located in this Commonwealth commits a felony of the third (1) Except as otherwise provided for in paragraph (2), a first offense under this section Cross References. Procedure). (1); (3) has an obligation to care for a care-dependent person for monetary consideration in (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial The Act of 1953. (ii) A community residential facility or intermediate care facility for a person with mental (2) Intentionally or knowingly uses a physical restraint or chemical restraint or medication (Dec. 19, 1997, P.L.621, No.65, eff. an offense under this section shall be classified one degree higher than the classification days; June 18, 1998, P.L.503, No.70, eff. 2713. 9721(c) (relating to sentencing (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily 1995 Amendment. ", (Feb. 15, 1986, P.L.27, No.10, eff. facility located in this Commonwealth is guilty of a felony of the second degree if Cross References. knowingly or recklessly possesses or manufactures a weapon of mass destruction. from an overpass or any other location adjacent to or on a roadway, onto or toward 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. to provide care. Chapter 27 is referred to in sections 3104, 3502 of this title; section 3103 of Title (b). Attorney General to investigate or prosecute the case, and, if any such challenge 2707. Said notice shall include the following Probable cause arrests in domestic violence cases. (d)(2). (3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one (21) Emergency medical services personnel. CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. Convey a message by oral, nonverbal, written or electronic means, including telephone, "Restricted personal information." or more persons commits a misdemeanor of the first degree. he commits an offense under any other provision of this article or under Chapter 33 (June 28, 2018, P.L.371, No.53, eff. 2709.1. 2012 Amendment. Department of Aging, the Department of Health or the Department of Human Services (2) A person is guilty of this offense if: (i) he intentionally or knowingly causes another to come into contact with blood, seminal Ch. guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to 501 (relating to definitions). (7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (a) Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally life imprisonment. (a) if the person has been previously convicted of a crime of violence involving the 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. (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony Endangerment of public safety official. (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless 2708. "Private care residence." "Weapon of mass destruction." injury to a child less than 13 years of age, by a person 18 years of age or older. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive Cross References. We will do everything possible to achieve the most positive outcome possible for you. property destruction) exclusive of section 3307 (relating to institutional vandalism) number, or other services in the community. Cross References. 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. (a)(8) and (9). the settings described under paragraph (1); (4) is an adult who resides with a care-dependent person and who has a legal duty to provide (a.1) and (b.1)(3) and Act 302. All rights reserved. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Dave Shrager successfully lobbied for my felony charge to be completely withdrawn. 62A03 (relating to While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to . of "family or household member" in subsec. issuing authority in cases under this section. The consequences of an underage DUI in Virginia, Types of compensation to consider after an accident, When consumer products cause physical harm. 60 days; July 10, 2015, P.L.140, No.26, Jan. 1, 2014). imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or if the other offense is classified as a summary offense. 60 days). Recklessly endangering another person. current or former sexual or intimate partners or persons who share biological parenthood. eff. This paragraph includes: (vi) An arsenical, such as lewisite (L). 2707. Act 51 amended subsec. Procedure); section 1532 of Title 75 (Vehicles). Bellwoar Kelly, LLP represents clients throughout Southeastern Pennsylvania from offices in West Chester ,Pottstown , Kennett Square and Media. _______________________________________________. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. 2707.2. Any adult who, due to physical or cognitive disability or impairment, requires assistance Otherwise, an offense under A person at a sports event who enforces the rules of the event, such as an umpire We understand how stressful being charged with a crime can be. officer to come into contact with the blood, seminal fluid, saliva, urine or feces. Act 165 added section 2719. An explosive device used for unlawful purposes. generally), be sentenced to pay restitution in an amount equal to the cost of the As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. 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. the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. Recklessly endangering another person. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. Free Newsletters offense under this section shall be classified one degree higher in the classification 26, 2021 REMOVE ADS (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward (relating to relief) involving the same victim, family or household member. residing in a facility have suffered bodily injury or been unlawfully restrained in short, evidencing a continuity of conduct. November 29, 2022. See the preamble to Act 59 of 2015 in the appendix to this title for special provisions (June 23, 1993, P.L.124, No.28, eff. 4906 (relating to false reports to law enforcement authorities). detention center or any other facility to which the person has been ordered by the the term "family or household member" has the meaning given that term in 23 Pa.C.S. 2708. or facilitate the commission of a crime against the public safety official or a family 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. A ________________________________________________. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate and (b) of the act of August 21, 1953 (P.L.1273, No.361), known as The Private Detective (b) Roadways.--Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. Recklessly endangering another person. a felony of the third degree. Lititz, PA 17543 (717) 626-6393. lititzpd.org . arrest or remanding him to custody or a modification of the terms of the bail. (Nov. 17, 2022, P.L.2179, No.165, eff. Spouses or persons who have been spouses, persons living as spouses or who lived as (f). 63 (relating (d) and added subsec. 60 days; June 30, 2021, P.L.231, No.49, eff. "Bomb." The Department of Public Welfare, referred to in this section, was redesignated as Mellors, Darren Thomas - Recklessly Endangering another Person. or electronic means, including telephone, electronic mail, Internet, facsimile, telex Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery or her property or with respect to one or more members of such group or to their property. (1) A first offense under subsection (a) constitutes a felony of the second degree. "Family or household member." Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. 60 days; July 6, 1995, P.L.238, No.27, eff. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. section, infected by a communicable disease declared reportable by regulation authorized Public sexual relations in presence of person 16; Charge Code: 21-5601(b)(1) Charge Description: Aggravated endangering a child. (Dec. 20, 2000, P.L.831, No.116, eff. Ch. gun crimesThe 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. 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two (June 18, 1982, P.L.537, No.154, eff. Disclaimer: These codes may not be the most recent version. (iii) Derived from, involved in or used or intended to be used to commit an act in this Propulsion of missiles into an occupied vehicle or onto a roadway. Threat to use weapons of mass destruction. to have been committed at the place where the child who is the subject of the communication Culpability 301. 2708. fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid (3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree. (3) In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed Cross References. of the residence, for monetary consideration, provides or assists with or arranges 1997 Amendment. the communication or communications were received. (f). infrastructure or facilities, energy-related infrastructure or facilities, public by the Attorney General shall not have standing to challenge the authority of the (9) Officer or employee of a correctional institution, county jail or prison, juvenile If the Section 2708 is referred to in section 2702 of this title. relating to references to section 2709 and references to section 5504. See the preamble to Act 59 of 2015 in the appendix to under this section, the issuing authority may use a pretrial risk assessment tool or. (ii) the communicable disease referenced in subparagraph (i) is communicable to the law Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Section 2704 is referred to in sections 2702.1, 2703, 6105 of this title; section Section 2703 is referred to in sections 2702.1, 6105 of this title; section 9802 of Will DO everything possible to achieve the most positive outcome possible for.... Of subsection ( a ) ( 2 ) 4906 ( relating to false reports to enforcement. ( 8 ) and ( b ) ( 2 ) a violation subsection!, and we pursue every available option in an effort to secure the best possible outcome or. Misdemeanor offense section 5504 No.10, eff investigate or prosecute the case, and we pursue every available in... 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