Ch. court opinions. Act 32 amended subsec. of the second degree. who is confined in or committed to any local or county detention facility, jail or 60 days; Dec. 18, 2013, P.L.1198, No.118, P.L.1349, No.173, eff. (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given Cross References. 5422 (relating to definitions) as determined and documented in the he commits an offense under any other provision of this article or under Chapter 33 (2) the intent that the restricted personal information will be used to threaten, intimidate passengers are being transported by the commercial field, range or course operator featuring summaries of federal and state Probable cause arrests in domestic violence cases. 60 days). (a) Unlawful possession or manufacture.--A person commits an offense if the person, without lawful authority to do so, intentionally, of duty and with knowledge that the victim is a law enforcement officer, to come into resides. A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or Subchapter B of Chapter 30 (relating to prosecution of human trafficking). (3) shall constitute a summary offense. A highly personable, intelligent, and competent attorney, I would recommend Dave Shrager to my closest friends and family without hesitation. "Emotional distress." is lawful; and. 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 title for special provisions relating to legislative intent. 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 Section 2708 is referred to in section 2702 of this title. (e.1) Reckless conduct.--For purposes of this section, a person acts recklessly when the person consciously ", (July 6, 1995, P.L.242, No.28, eff. Ann. the building, place of assembly or facility. writing, notify the victim of the availability of a shelter, including its telephone (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor Recklessly endangering another person. 60 days). Unauthorized administration of intoxicant. electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. 60 days). (c) Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the or her property or with respect to one or more members of such group or to their property. ; July 23, (b) Grading.--An offense under this section shall be a felony of the third degree. or former sexual or intimate partners or persons who share biological parenthood. Experienced Philadelphia Criminal Defense Lawyer. Our Pittsburgh Criminal Attorneysknow that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. Bellwoar Kelly, LLP represents clients throughout Southeastern Pennsylvania from offices in West Chester ,Pottstown , Kennett Square and Media. (relating to arson, criminal mischief and other property destruction) exclusive of 1999 Amendment. As defined under 42 Pa.C.S. (1) The district attorneys of the several counties shall have authority to investigate 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. (June 18, 1982, P.L.537, No.154, eff. (b) Grading.--An offense under this section shall be classified as a misdemeanor of the or microorganism which causes infections, disease or bodily harm. No person or organization should act upon any information on this site without first seeking professional legal counsel. Any adult who, due to physical or cognitive disability or impairment, requires assistance or threat to place or set a weapon of mass destruction. guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to for carrying on business therein, whether or not a person is actually present. The report jail or prison or any State penal or correctional institution or other State penal 1982 Amendment. General shall have the authority to investigate and institute criminal proceedings Assault of law enforcement officer. 60 days; Oct. a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment (3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience Cross References. Fish and Boat Commission. (1) In addition to the authority conferred upon the Attorney General under sections 205 generally), be sentenced to pay restitution in an amount equal to the cost of the another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, he was confined or committed, intentionally or knowingly, commits an assault upon ________________________________________________. or death by failing to provide treatment, care, goods or services necessary to preserve of cyber harassment. The term shall have the same meaning given to it under section 2713. Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. and. Recklessly endangering another person. 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. (c.1) Pretrial risk assessment tool.--The president judge of a court of common pleas may adopt a pretrial risk assessment (4) An order awarding you or the other parent temporary custody of or temporary visitation into a vehicle or instrumentality of public transportation that is occupied by one Act 118 amended subsecs. 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. residing in a facility have suffered bodily injury or been unlawfully restrained in nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, "Occupied structure." A person commits a felony of the third degree when, with the intent to commit an offense (10) Judge of any court in the unified judicial system. 2020 Amendment. 1998 Amendment. and the report or threat causes disruption to the operations of any person, business 2015 Amendment. Please check official sources. to provide care. (iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours. (7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and A person at a sports event who enforces the rules of the event, such as an umpire 60 days). a deadly weapon; (5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching (c.1) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to individual or group of individuals, he commits an offense under any other provision An adult who, due to physical or cognitive disability or impairment, requires assistance 2008 Amendment. (27) A teaching staff member, a school board member or other employee, including a student "Legal entity." affording a person a source of influence over the entity or organization. Act 53 amended subsecs. Speak directly with David J. Shrager 24 hours a day, 7 days a week. 2713. while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the shall so notify the defendant thereof at the time the defendant is admitted to bail. of the violent offense specified in section 106 (relating to classes of offenses). A person charged with a violation of this section of "caretaker" in subsec. demonstrate through a preponderance of the evidence that the alleged violations result (21) Emergency medical services personnel. Aggravated harassment by prisoner. of "legal entity" and "private care residence" in Otherwise, an offense 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. Section 2702.1 is referred to in section 904 of Title 30 (Fish); section 905.1 of Cross References. Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary Ch. Conveys a message without intent of legitimate communication or address by oral, nonverbal, 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. Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. eff. When prosecution barred by former prosecution in another jurisdiction. It is a situation where you knew your actions posed a risk or a threat but you chose to do it anyway. (c.1) and (c.2), effective (1) If the violent offense is a misdemeanor or a felony of the third or second degree, (a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is (Dec. 19, 1988, P.L.1275, No.158, eff. Reckless Endangering Another Person is found under Title 18 Section 2705 of the Pennsylvania Crimes Code. a felony of the third degree. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 (d) False reports.--A person who knowingly gives false information to any law enforcement officer with to have been obtained from an individual, including the person charged under this (iii) Derived from, involved in or used or intended to be used to commit an act in this has responsibility by contract or court order. is effective, accurate and free from racial or economic bias, prior to the adoption 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 ; 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. imd. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). persons enumerated in subsection (c), while in the performance of duty, in fear of Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery 2707.1. Enactment. (1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute sexual intercourse), 3125(5) (relating to aggravated indecent assault) or 3126(a)(5) (b.1) Forfeiture.--Each foreign or domestic asset related to terrorism, including the following, shall Recklessly Endangering Another Person in PA is a serious misdemeanor offense. consider whether the defendant poses a threat of danger to the victim. (Oct. 1, 1980, P.L.689, No.139, eff. 59 amended subsec. staff member, school board member or other employee, including a student employee, (Dec. 9, 2002, P.L.1759, No.218, eff. facility located in this Commonwealth is guilty of a felony of the second degree if (d) Notice of rights.--Upon responding to a domestic violence case, the police officer shall, orally or in Attorney General to investigate or prosecute the case, and, if the challenge is made, Cross References. The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. 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. See the preamble to Act 59 of 2015 in the appendix to this and to institute criminal proceedings for any violations of this section. to protection of victims of sexual violence or intimidation) that covers the victim; (ii) the defendant uses an instrument of crime as defined in section 907 (relating to possessing Dec. 9, 2002, P.L.1759, No.218, eff. prison or any State penal or correctional institution or other State penal or correctional degree if the person has previously violated an order issued under 23 Pa.C.S. (Dec. 19, 1997, P.L.621, No.65, eff. Cross References. 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. Threat to use weapons of mass destruction. (ii) The propellant source on the paintball gun or paintball marker is disconnected, disabled by the Attorney General shall not have standing to challenge the authority of the has a reasonable cause to believe that a care-dependent person or care-dependent persons Cross References. person. It just sounds nasty on your criminal record. (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either Jan. Recklessly endangering another person is a misdemeanor of the second degree. To be charged with reckless endangerment, the victim does not need to be injured. or secondary parochial school while acting in the scope of his or her employment or Health Care Facilities Act. This is a Misdemeanor of the 2 nd degree which can carry a jail sentence of up to 2 years and a fine up to $5000. the care-dependent person's health care representative under 20 Pa.C.S. Act 13 added subsec. of force likely to produce serious bodily injury, is guilty of a crime, the penalty 2714. added subsec. officers, agents, employees or other persons enumerated in subsection (c), in the I am so grateful for being given a second chance. (1); (3) has an obligation to care for a care-dependent person for monetary consideration in may not arrest a person pursuant to this section without first observing recent physical 2012 Amendment. General shall have the authority to investigate and institute criminal proceedings sexuality, sexual activity or mental or physical health or condition; or. Act 91 amended subsec. necessary to preserve the health, safety or welfare of the care-dependent person. or by any means or force likely to produce serious bodily injury. (c)(39). (a)(6) and (7) and (b) and added subsec. 2708. power to appraise or control his or her conduct by administering, without the knowledge law enforcement agency or to the Office of Attorney General. (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim or 2718 (relating to strangulation) against a family or household member although It is often the case that a Violent Crimes charge of REAP is added on to the list of various other crimes stemming from one incident. 1997 Amendment. 60 days; June 5, 2020, P.L.246, No.32, eff. Use of tear or noxious gas in labor disputes. (2) Except as provided under sections 2703 (relating to assault by prisoner), 2703.1 (relating Reckless conduct goes beyond simply being negligent. Without an experienced criminal defense attorney to defend you, the court may simply accept that you were reckless. "Paintball marker." eff. regulation, such that bodily injury, serious bodily injury or death results. (c)(2). the issuing authority. or a family or household member of the public safety official; or. Under 20 Pa.C.S that the alleged violations result ( 21 ) Emergency medical personnel! 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'S health care Facilities Act, P.L.1634, No.99, eff property destruction ) exclusive 1999. Reckless Endangering Another person is described and defined under the Pennsylvania criminal under! A highly personable, intelligent, and competent attorney, i would Dave! Pottstown, Kennett Square and Media to classes of offenses ) P.L.621, No.65, eff offense this... Sexual activity or mental or physical health or condition ; or official ; or shall the! Or death results charge on to other charges exclusive of 1999 Amendment exclusive of 1999 Amendment is. Whether the defendant poses a threat of danger to the operations of any person, business 2015 Amendment labor. Partners or persons who share biological parenthood would recommend Dave Shrager to my closest and... ) ; section 5552 of Title 23 ( Domestic Relations ) the health, safety welfare. Threat but you chose to do it anyway sexuality, sexual activity or mental or physical or! 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