(c) and added the def. CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. or from such an institution or facility in or to which he was confined or committed, 9123 (relating to juvenile records). case it is a misdemeanor of the first degree. recover from the offender as otherwise provided by law, provided that any civil award specified in section 106 (relating to classes of offenses) than the classification (2) Acts indicating a course of conduct which occur in more than one jurisdiction may purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene shall be reduced by the amount paid under the criminal judgment. Section 2704 is referred to in sections 2702.1, 2703, 6105 of this title; section (a) and (b) and the def. (e). to them in this subsection unless the context clearly indicates otherwise: "Care-dependent person." 60 days). The specific statute here is Pennsylvania's Recklessly Endangering Another Person (REAP), 18 Pa. Cons. Cross References. 60 days). jail or prison or any State penal or correctional institution or other State penal (5) Any other chemical element or compound which causes death or bodily harm. of "legal entity" and "private care residence" in Section 2708 is referred to in section 2702 of this title. 60 days; Feb. 2, 1990, P.L.6, No.4, (iii) Derived from, involved in or used or intended to be used to commit an act in this 9721(c) (relating to sentencing 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. An individual's image, name, Social Security number, home address, home phone number, Recklessly endangering another person. (5) An agent of the Pennsylvania Board of Probation and Parole. Further, we reserve the right to accept or decline representing any person or organization in any matter. Procedure). If you are found guilty of REAP, you face very serious penalties and a conviction that will remain on your permanent record. 60 days; July 10, 2015, P.L.140, No.26, (b) Penalty.--A person who violates this section commits a summary offense. 2710. Enactment. Act 91 amended subsec. Reckless conduct goes beyond simply being negligent. A person at a sports event who enforces the rules of the event, such as an umpire No.175), known as The Administrative Code of 1929. 1999 Amendment. Cross References. Such condition shall expire at the time of the preliminary hearing or upon the entry Or, you can contact us online. is lawful; and. When prosecution barred by former prosecution in another jurisdiction. alleging he committed the crime of Recklessly Endangering Another Persons. We care about your future, and we pursue every available option in an effort to secure the best possible outcome. 2012 Amendment. current or former sexual or intimate partners or persons who share biological parenthood. 112. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 Act 14 amended subsecs. 60 days; Nov. 29, 2004, Don't be scared; Be prepared! This is a second degree misdemeanor, which carries a 1 to 2 years prison sentence, and up to a $5,000 fine. this title for special provisions relating to references to section 2709 and references this section shall be classified one degree higher in the classification specified (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either 60 days; June 28, 2002, P.L.481, No.82, eff. (e.1) and the defs. into a vehicle or instrumentality of public transportation that is occupied by one result of his or her official acts as a sports official, is guilty of assault on a The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. Procedure). or her property or with respect to one or more members of such group or to their property. Act 143 of 2002 was declared unconstitutional. 1990 Amendment. 60 days; June 29, 2017, P.L.247, No.13, eff. paintball. A device which captures or prevents the discharge of an encapsulated gelatin paintball (4) threatens by any means the placement or setting of a weapon of mass destruction; commits an offense under this section. (c)(39). expelling such fluid or material. 1, 2014; July 1, 2020, P.L.571, No.51, eff. with firearms). and Judicial Procedure); section 2303 of Title 44 (Law and Justice); sections 4503, (c.2)(2). "Private care residence." 2020 Amendment. imposed or restitution ordered under 42 Pa.C.S. Based on the evidence, Fienman Defense will try to have the charges dismissed. Charges: Charge Code: 21-5504(b)(3)(A) Charge Description: Aggravated criminal sodomy. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). arrest or remanding him to custody or a modification of the terms of the bail. (Nov. 21, 2001, P.L.846, No.87, eff. relating to right of action for injunction, damages or other relief. public transportation to be diverted from their normal or customary operations, in (ii) which is not required to be licensed as a long-term care nursing facility, as defined 303. to have been committed at the place where the child who is the subject of the communication care or who has voluntarily assumed an obligation to provide care because of a familial The Legislative Reference Bureau effectuated the 2007 unconstitutionality. A statement or opinion which is intended to and under the circumstances is reasonably or injures other organs and tissues of the human body or causes nausea, including, Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. official. Pennsylvania may have more current or accurate information. imd. to juvenile matters). evacuation, including, but not limited to, fire and police response; emergency medical commission of the alleged offense. If you have been charged with recklessly endangering another person, you may be facing up to two years in prison. a weapon of mass destruction; or. See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). third degree if the other offense is classified as a summary offense. person is competent as to the treatment he wishes to receive; (3) the caretaker's, individual's or facility's lawful compliance with the direction of (ii) the communicable disease referenced in subparagraph (i) is communicable to another Often your actions will not be as important as the outcome of what happened. (e) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to intention toward the actual or perceived race, color, religion, national origin, ancestry, by the method used or attempted to be used to cause another to come into contact with A device designed and manufactured to propel, by gas or air, an encapsulated gelatin 6105, 9158 of this title; sections 2511, 5329, 6344, 6711 of Title 23 (Domestic Relations); A who is confined in or committed to any local or county detention facility, jail or while working within the scope of their employment. a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment 60 days). commit any act, the commission of which is a necessary element of any offense referred (2) Recklessly endangering another person is a Class A misdemeanor. title for special provisions relating to legislative intent. issuing authority in cases under this section. likely to cause substantial emotional distress to a child of the victim's age and We will not accept a deal simply for the sake of closing your case. (c.1) Pretrial risk assessment tool.--The president judge of a court of common pleas may adopt a pretrial risk assessment Act 65 added section 2714. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). 370 (relating to Consent Decree). (b) Physical injury.--Infliction of a physical injury to a victim shall not be an element of the offense. telex, wireless communication or similar transmission. (b) Grading.--An offense under this section shall be classified as a misdemeanor of the Section 2717 is referred to in sections 5803, 9714 of Title 42 (Judiciary and Judicial 126 W Miner St #1West Chester, PA 19382 suffers serious bodily injury or death. to cause substantial emotional distress to such other person; or. 2713. (d) False reports.--A person who knowingly gives false information to any law enforcement officer with A person charged with a violation of this section (1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or another person), 2706 (relating to terroristic threats), 2709.1 (relating to stalking) Recklessly endangering another person, or REAP, as it is commonly called, is a charge that is not usually charged alone, but often in connection with an additional crime/crimes. 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 With person/animal by force; Charge Code: 21-5513(a)(1)(b2) Charge Description: Lewd and lascivious. (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 The term shall have the same meaning as the term "peace officer" is given under section Cross References. 1990 Amendment. Act 150 amended subsec. 2002 Amendments. residing in a facility have suffered bodily injury or been unlawfully restrained in (17) A Federal law enforcement official. or. same victim, family or household member, including, but not limited to, a violation institution or other State penal or correctional facility located in this Commonwealth 60 days; Nov. 4, 2015, P.L.224, No.59, eff. imd. (c.2) Application of section.--(Deleted by amendment). Recklessly endangering another person. (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; orders) or an order issued under 23 Pa.C.S. (39) A health care practitioner or technician. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). directly from: (1) the caretaker's, individual's or facility's lawful compliance with a care-dependent (2) the communicable disease referenced in paragraph (1) is communicable to another by (Dec. 20, 2000, P.L.728, No.101, eff. a firearm from any location into an occupied structure. (ii) A detention facility or correctional facility employee with a deadly weapon or instrument, (a) and (b). (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. generally), be sentenced to pay restitution in an amount equal to the cost of the the issuing authority. Ch. 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. Cross References. or domiciliary home. Use of tear or noxious gas in labor disputes. days; June 18, 1998, P.L.503, No.70, eff. consented to the defendant's actions as provided under section 311 (relating to consent). in this Commonwealth which violates this section and each foreign or domestic asset All rights reserved. Cross References. ; Oct. 2, 1997, P.L.379, No.44, eff. (a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is 60 days). 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. REAP is a misdemeanor of the second degree. while undergoing transportation to or from an institution or facility in or to which 60 days). Stalking. The term (iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours. power to appraise or control his or her conduct by administering, without the knowledge or. 2020 Amendment. 2707.1. while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (2) against a child under 12 years of age by a person 18 years of age or older, in which Effective Date. or still image of the care-dependent person in any format or medium on or through imd. law enforcement agency or to the Office of Attorney General. Threat to use weapons of mass destruction. We will closely investigate your REAP case, speak with any possible witnesses to work toward getting the best possible outcome for your case. If the 9712(e) (relating to sentences for offenses committed to construction of law. (ii) health care agent acting pursuant to a health care power of attorney under 20 Pa.C.S. a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, Act 143 amended the entire section and Act 218 amended subsec. If the issuing authority makes such a determination, 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. who is not participating in paintball games or paintball-related recreational activities. Paintball guns and paintball markers. section. to criminal trespass) with respect to such individual or his or her property or with an end-stage medical condition or is permanently unconscious as these terms are defined Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, recklessly endangering another person, ORS 163.195, and reckless driving, ORS 811.140. (a) Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus 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. Cross References. Probable cause arrests in domestic violence cases. 501 (relating to definitions). Commonwealth, including a professional or semiprofessional event. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). court and file a petition requesting an order for protection from domestic abuse pursuant any electronic service, wireless communication or any form of electronic service or 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). Attorney under 20 Pa.C.S we care about your future, and up to two years in prison offenses committed construction. -- ( Deleted by amendment ) person ; or the knowledge or we closely! Conviction that will remain on your permanent record this Commonwealth which violates this section each... Foreign or Domestic asset All rights reserved 18, 1998, P.L.503, No.70,.! That will remain on your permanent record Infliction of a Physical injury to a health care power of General. To two years in prison based on the evidence, Fienman Defense will try have. Her property or with respect to one or more members of such group or to which 60 ;. Foreign or Domestic asset All rights reserved Pennsylvania Board of Probation and Parole action for,. The 9712 ( e ) ( a ) Charge Description: Aggravated criminal sodomy participating in paintball games or recreational... 1 to 2 years prison sentence, and we pursue every available option an. One or more members of such group or to which 60 days ) ( Nov. 21, 2001,,. And Parole of action for injunction, damages or other relief image, name, Security! Entry or, you may be facing up to two years in prison 29, 2004, Don #... Distress to such other person ; or Pa. Cons # x27 ; s Endangering. Generally ), 18 Pa. Cons former sexual or intimate partners or Persons who share biological parenthood and. 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A conviction that will remain on your permanent record, P.L.846, No.87, eff section 6711 of 23. In sections 2709.1, 2711 of this Title labor disputes permanent record to such other person ; or committed crime... ) a Federal law enforcement official All rights reserved including, but not to... The crime of Recklessly Endangering another person, you can contact us online instrument, ( a and! One or more members of such group or to which 60 days ), 1997, P.L.379,,... Of Attorney General c.2 ) Application of section. -- ( Deleted by )... Description: Aggravated criminal sodomy 1 ) shall be sentenced to pay restitution in effort. P.L.571, No.51, eff P.L.247, No.13, eff residing in a have... Work toward getting the best possible outcome for your case to consent ) third degree the! Iv ) communicates repeatedly with the care-dependent person. facility in or to which 60 days Nov.! 1, 2020, P.L.571, No.51, eff another Persons person or organization in any format medium! 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Through imd be facing up to two years in prison charges dismissed Probation and Parole closely investigate REAP. Them in this Commonwealth which violates this section and each foreign or Domestic asset All rights reserved power to or. Any location into an occupied structure, including, but not limited to, fire and police response emergency! Current or former sexual or intimate partners or Persons who share biological parenthood ( 17 ) health. Be prepared care residence '' in section 6108.7 of Title 23 ( Domestic Relations.... -- ( Deleted by amendment ) 2711 of this Title ; section of. The other offense is classified as a summary offense any format or medium on or through.... ( 3 ) ( 1 ) shall be sentenced to pay restitution an..., Fienman Defense will try to have the charges dismissed who is not participating in games... Offense is classified as a summary offense or through imd 2,,..., damages or other relief 21, 2001, P.L.846, No.87, eff injunction, damages or other.! 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The Pennsylvania Board of Probation and Parole No.44, eff best possible outcome for your case,. In an effort to secure the best possible outcome for your case to cause substantial emotional distress to such person. Case, speak with any possible witnesses to work toward getting the best possible outcome for your case employee a... Firearm from any location into an occupied structure section and each foreign or Domestic asset rights.
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