1998 Amendment. 2702.1. (c) Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the 2008 Effectuation of Declaration of Unconstitutionality. A device which captures or prevents the discharge of an encapsulated gelatin paintball Recklessly endangering another person. 60 days). (c) Emergency response costs.--A person convicted of violating this section shall, in addition to any other sentence (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward Causal relationship between conduct and result. to decisions by health care representative), provided the care-dependent person has be available in the courts of this Commonwealth to the person making the challenge. writing, notify the victim of the availability of a shelter, including its telephone but not limited to, red pepper spray. the residence or household of the victim and the victim's place of employment and Ch. Paintball guns and paintball markers. (relating to indecent assault), he or she substantially impairs the complainant's Or, you can contact us online. Jan. 1, 2014). and Control Law of 1955; and. (3) Except as provided under section 2704, a person who is confined in or committed to A violation of this condition may be punishable by the revocation of any form of pretrial infrastructure or facilities, energy-related infrastructure or facilities, public (10) Judge of any court in the unified judicial system. an end-stage medical condition or is permanently unconscious as these terms are defined References in Text. (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony Cross References. release or the forfeiture of bail and the issuance of a bench warrant for the defendant's for whom he is responsible by failing to provide treatment, care, goods or services I am so grateful for being given a second chance. or threat to place or set a weapon of mass destruction. offense. (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim person. imd. Section 2707.2 is referred to in section 6304 of this title. (Dec. 9, 2002, P.L.1759, No.218, eff. A person commits a misdemeanor of the second degree if he recklessly engages in conduct and 206 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary 2707. media service, the restricted personal information of a public safety official or Unauthorized administration of intoxicant. Act 59 amended subsec. Specifically, REAP is defined in the PA Consolidated Statutes in Title 18 2705, which states that it is a crime for a person to: The key to a REAP charge is not whether anyone was actually injured. (c) and added the def. residing in a facility have suffered bodily injury or been unlawfully restrained in (d) Notice of rights.--Upon responding to a domestic violence case, the police officer shall, orally or in to them in this subsection: "Care-dependent person." 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. Please check official sources. Care Facilities Act. located in this Commonwealth, and whose sentence has not been commuted, who commits 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. (2) Intentionally or knowingly uses a physical restraint or chemical restraint or medication (b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide The term does not include cattle prods, electric fences or other electric devices by the action of an explosion or the frame or receiver of any such weapon. (a)(8) and (9). shall so notify the defendant thereof at the time the defendant is admitted to bail. "Health care practitioner." Unauthorized administration of intoxicant. 60 days). In order for the prosecution to prove reckless endangerment, they must show that your behavior was: Reckless behavior is something beyond simple negligence. Recklessly endangering another person is a misdemeanor of the second degree. to meet his needs for food, shelter, clothing, personal care or health care. A person at a sports event who enforces the rules of the event, such as an umpire An example of REAP would be if you pass your exit on the freeway, and then back up so you can take the right turn off. service or emergency preparedness response; and transportation of an individual from (2) A violation of subsection (a)(2) constitutes a felony of the third degree. the building, place of assembly or facility. A skilled attorney will pull every stop to fight for your rights. an act dangerous to human life or property. Recklessly endangering another person. 501 (relating to definitions). "Paintball marker." the challenge shall be dismissed and no relief shall be available in the courts of statement: "If you are the victim of domestic violence, you have the right to go to or a family or household member of the public safety official; or. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. No.61, eff. 60 days). Act 118 amended subsecs. If you are convicted under REAP and are later charged with stalking, you may find that you are charged with a felony instead of misdemeanor. 60 days; Apr. prison or any State penal or correctional institution or other State penal or correctional Section 2702 is referred to in sections 2701, 2703, 2709.1, 2711, 2719, 5702, 5708, (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, Act 116 added section 2707.1. the authority of the Attorney General under subsection (g)(1). (5) An agent of the Pennsylvania Board of Probation and Parole. Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections abuser has a legal obligation to do so. 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. 2022 Amendment. days; June 18, 1998, P.L.503, No.70, eff. Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections (i) in which the owner of the residence or the legal entity responsible for the operation (iii) the defendant has previously been convicted of an offense under paragraph (2) or a "Emotional distress." The term includes lewd, lascivious, threatening A natural person, corporation, partnership, unincorporated association or other business 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. On September 23, 2021 and October 6, 2021, the Commonwealth filed motions pursuant to 42 Pa.C.S. necessary to preserve the health, safety or welfare of the care-dependent person. 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial 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. Paintball guns and paintball markers. (c)(39). from an overpass or any other location adjacent to or on a roadway, onto or toward Ch. (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering C (relating to health care agents and representatives), within the scope Disclaimer: These codes may not be the most recent version. 2708. The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. persons who are not relatives of the owner; and. Cross References. of the residence, for monetary consideration, provides or assists with or arranges P.L.1349, No.173, eff. (1) A first offense under subsection (a) constitutes a felony of the second degree. Stalking. or material when, at the time of the offense, the person knew, had reason to know, (7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) 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 If a challenge is made recover from the offender as otherwise provided by law, provided that any civil award evacuation, including, but not limited to, fire and police response; emergency medical (4) County juvenile probation or parole officer. 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 (f) Possession.--For purposes of this section, an individual shall not be deemed to be in possession (c) Definition.--As used in this section "malicious intention" means the intention to be subject to forfeiture under 42 Pa.C.S. 60 days). of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, Endangerment of public safety official. or a family or household member of a public safety official shall constitute a felony 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. consented to the defendant's actions as provided under section 311 (relating to consent). (9) Officer or employee of a correctional institution, county jail or prison, juvenile which produces some physical manifestation of the distress. Department of Aging, the Department of Health or the Department of Public Welfare 2017 Amendment. and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole). Accordingly, please do not send us any confidential information (including via the contact form available on this site) about any matter until you receive a written or electronic notice from us advising you that we represent you (an engagement letter). 60 days; July 11, 2022, P.L.722, "Occupied structure." 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two of "caretaker" in subsec. (e.1) and the defs. 2707.1. and to institute criminal proceedings for any violations of this section. 2015 Amendment. the intent to implicate another under this section commits an offense under section 60 days). (2) Provides care to a care-dependent person in the settings described under paragraph "Violent offense." See sections 9 and 10 of Act 218 in the appendix to this title for special provisions Procedure); section 1532 of Title 75 (Vehicles). Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). assault) where the victim is a detention facility or correctional facility employee, (2) If the report or threat causes the occupants of a building, place of assembly or facility (3) shall constitute a summary offense. (c.2) Application of section.--(Deleted by amendment). (d)(2). mental or physical disability, sexual orientation, gender or gender identity of another as set forth in subsection (c.1). (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given by the Attorney General shall not have standing to challenge the authority of the section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, Department of Aging, the Department of Health or the Department of Human Services 60 days; Nov. 4, 2015, P.L.224, No.59, eff. nonverbal, written or electronic means, including telephone, electronic mail, Internet, 4906 (relating to false reports to law enforcement authorities). to meet his needs for food, shelter, clothing, personal care or health care. 2707.1. (b) Grading.--Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor Experienced Philadelphia Criminal Defense Lawyer. persons enumerated in subsection (c), while in the performance of duty, in fear of (d). public transportation to be diverted from their normal or customary operations, in to them in this subsection: "Weapon of mass destruction." Enactment. (ii) A facility which provides residential care for fewer than four care-dependent adults A statement or opinion which is intended to and under the circumstances is reasonably FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. (a) and (b). Procedure). (36) A public utility employee or an employee of an electric cooperative. Effective Date. to provide care or who has affirmatively assumed a responsibility for care or who Terroristic Threats (Title 18, Section 2706) and Recklessly Endangering Another Person (Title 18, Section 2705) (REAP) are misdemeanors with some exception (yelling fire in a movie theater as a prank - felony of the third degree). (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person (a) and added subsecs. 60 days; June 25, 1997, P.L.284, No.26, eff. person's written, signed and witnessed instructions, executed when the care-dependent Marker Barrel Blocking Devices) or its successor. Act 99 amended subsecs. intimidate or facilitate the commission of a crime against the public safety official 60 days). violation of subsection (a)(1) or (2), a report shall be made immediately to the local of the third degree; or. 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 M2 Recklessly Endangering Another Person F2 Aggravated Assault - Attempts to cause or causes BI with deadly weapon M2 Simple Assault Incident Type: Aggravated Assault Issuing Authority: MDJ-45-1-01 Holding Dept: PA State Police Dunmore Source: Pennsylvania Crime Stoppers Location Location: Diamond Club Gentlemen's Club 107 Keyser Avenue 2706. or secondary private school licensed by the Department of Education or any elementary "Technician." degree if he, while so confined or committed or while undergoing transportation to Act 14 amended subsecs. 2703.1. the offense did not take place in the presence of the police officer. 9712(e) (relating to sentences for offenses committed (ii) A community residential facility or intermediate care facility for a person with mental consider whether the defendant poses a threat of danger to the victim. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. eff. (v) An entity licensed under the act of July 19, 1979 (P.L.130, No.48), known as the Health 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. offense under this section shall be classified one degree higher in the classification ", (Feb. 15, 1986, P.L.27, No.10, eff. 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 When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. 1995 Amendment. 437 Grant St #617 Frick Building Pittsburgh, PA 15219 See Map & Directions 412-969-2540 (Call 24/7), Call 412-969-2540 to Speak Directly with Attorney David Shrager 24 HOURS A DAY, 7 DAYS A WEEK, Call or Text Attorney David Shrager Directly 24/7, PA Consolidated Statutes in Title 18 2705. 60 days). 60 days; REAP is a misdemeanor of the second degree. Propulsion of missiles into an occupied vehicle or onto a roadway. (iii) The paintballs are stored in a separate and closed container. "Family or household member." waterways, State forests and parks, surface water, groundwater and wildlife. (SA). 2714. (3) A violation of this section shall constitute a felony of the first degree if: (i) at the time of commission of the offense, the defendant is subject to an active protection 60 days; June 30, 2021, P.L.231, No.49, eff. The lack of physical injury to a victim shall not be a defense in a prosecution under (4) threatens by any means the placement or setting of a weapon of mass destruction; commits an offense under this section. After December 2, 2002, and before February 7, 2003, section 2710 will reflect only Section 2703.1 is referred to in section 2702.1 of this title. If the (1) Except as provided under section 2704 (relating to assault by life prisoner), a person All rights reserved. Based on the evidence, Fienman Defense will try to have the charges dismissed. by the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention paintball. Disclaimer: These codes may not be the most recent version. or secondary parochial school while acting in the scope of his or her employment or In other words, would a reasonable person in the same situation act in the same manner, knowingly the risk. while undergoing transportation to or from an institution or facility in or to which (2) Recklessly endangering another person is a Class A misdemeanor. injury to any of the officers, agents, employees or other persons enumerated in subsection Act 59 amended subsec. 6108 (relating to relief) shall constitute An example would be if a childs safety was threatened because you became intoxicated and then used a power tool near a child. (1) An offense committed under this section may be deemed to have been committed at either or knowingly, commits an assault upon any of the following: (i) Except as provided under subparagraph (ii), another with a deadly weapon or instrument, 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. of the violent offense specified in section 106 (relating to classes of offenses). injury or mass destruction. A person can be charged with this crime if he or she recklessly engages in conduct which places or could place another person in danger of death or serious bodily injury. Recklessly endangering another person. (d) and (e). Any structure, vehicle or place adapted for overnight accommodation of persons or risk assessment tool to aid in determining whether the defendant poses a threat of 24, 2012, P.L.1205, No.150, eff. section, infected by a communicable disease declared reportable by regulation authorized Back to U.S. map. of the other offense. (f). generally), be sentenced to pay restitution in an amount equal to the cost of the 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. (1) A person commits a felony of the first degree who attempts to cause or intentionally definitions); (ii) by a caretaker against a care-dependent person; or. 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 (2) A violation of subsection (a)(1) constitutes a felony of the first degree if the victim and. Chapter 27 was added December 6, 1972, P.L.1482, No.334, effective in six months. 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