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Department of Aging, the Department of Health or the Department of Public Welfare title for special provisions relating to legislative intent. Any adult who, due to physical or cognitive disability or impairment, requires assistance The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. relating to right of action for injunction, damages or other relief. (c.2)(2). 60 days; June 30, 2021, P.L.231, No.49, eff. (3) A person who commits an offense under paragraph (2) shall be guilty of a felony of with jurisdiction over the violation shall give first consideration to referring the Act 71 added section 2717. 60 days; intentionally or knowingly causes or attempts to cause another to come into contact (e) Application of section.--This section shall not apply to constitutionally protected activity. (2) (i) If a juvenile is charged with a violation of paragraph (1), the judicial authority 60 days). (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim to them in this subsection: "Care-dependent person." to have been committed at the place where the child who is the subject of the communication sexual violence or intimidation protection order under 42 Pa.C.S. If you have been charged with REAP it is extremely important that you seek the help of a qualified defense attorney immediately. 111. 6102 (relating to (SA). Our Pittsburgh Criminal Attorneys know that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner), Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections (Oct. 26, 2016, P.L.888, No.111, eff. Act 118 amended subsecs. disease declared reportable by regulation authorized by the act of April 23, 1956 a weapon of mass destruction; or. (1) A person commits the crime of cyber harassment of a child if, with intent to harass, in section 802.1 of the Health Care Facilities Act; and, (ii) that is not identified in paragraph (1) of the definition of "caretaker. or attempts or threatens to do the same; (2) follows the other person in or about a public place or places; (3) engages in a course of conduct or repeatedly commits acts which serve no legitimate (21) Emergency medical services personnel. imd. 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. the threat causes the occupants of the building, place of assembly or facility of The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. It is defined under section 2705 of the Pa criminal code. person, the offense constitutes a felony of the third degree. and which is regulated by the Department of Human Services. Recklessly endangering another person is a misdemeanor of the second degree. See sections 9 and 10 of Act 218 in the appendix to (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; 2018 Amendment. (2) Influence the policy of a government by intimidation or coercion. (2) A second or subsequent offense under this section or a first offense under subsection Act 63 amended subsec. Act 149 amended subsec. (10) Judge of any court in the unified judicial system. (b) Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), Our services extend to, but are not limited to: Pittsburgh, Monroeville, Robinson Township, Bethal Park, Scott Township, New Castle, Johnstown, Meyersdale, Altoona, Chambersburg, Somerset, Erie, Penn Hills, State College, Mt. (Mar. and 206 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth (2) An offense under subsection (a) that results in bodily injury to a public safety official and Control Law of 1955; and. (d). We will closely investigate your REAP case, speak with any possible witnesses to work toward getting the best possible outcome for your case. be available in the courts of this Commonwealth to the person making the challenge. into a vehicle or instrumentality of public transportation that is occupied by one Act 91 amended subsec. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). (2) In determining whether to admit the defendant to bail, the issuing authority shall to provide care or who has affirmatively assumed a responsibility for care or who is effective, accurate and free from racial or economic bias, prior to the adoption Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . affording a person a source of influence over the entity or organization. A person An individual's image, name, Social Security number, home address, home phone number, evacuation, including, but not limited to, fire and police response; emergency medical of force likely to produce serious bodily injury, is guilty of a crime, the penalty (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim pattern of conduct or a course of conduct. 60 days). 1995 Amendment. it shall require as a condition of bail that the defendant shall refrain from entering (f) and Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections 2004 Amendments. 2707. featuring summaries of federal and state report shall be made immediately to the local law enforcement agency or to the Office Updated: May 10, 2022. (1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or 2020, P.L.641, No.63, eff. If you are found guilty of REAP, you face very serious penalties and a conviction that will remain on your permanent record. (1); (3) has an obligation to care for a care-dependent person for monetary consideration in As defined under 42 Pa.C.S. of "caretaker" in subsec. 60 days). 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. relationship, contract or court order; or. 2715. 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. of Title 61 (Prisons and Parole). Section 2701 is referred to in sections 2709.1, 2711, 2712, 6105.1, 9158 of this title; (c)(2) and (f) and added subsecs. ________________________________________________. "Person." 56 A violation of this condition may be punishable by the revocation of any form of pretrial 2017 Amendment. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. "Seriously disparaging statement or opinion." Cross References. Act 131 added section 2702.1. person involved in a labor dispute. (ii) If the person successfully completes the diversionary program, the juvenile's records the second degree if: (i) the person knew, had reason to know, should have known or believed the fluid or material of the residence, for monetary consideration, provides or assists with or arranges individual, including the person charged under this section, infected by a communicable (4) County juvenile probation or parole officer. 2008 Amendment. 501 (relating to definitions). 2016 Amendment. Recklessly endangering another person on Westlaw. have been given effect in setting forth the text of subsec. 2013 Amendment. (a). to and from designated player areas. 2013 Amendment. and to institute criminal proceedings for any violations of this section. October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney It just sounds nasty on your criminal record. Further, we reserve the right to accept or decline representing any person or organization in any matter. director, president, dean, headmaster, principal and assistant principal of a school, A device designed and manufactured to propel, by gas or air, an encapsulated gelatin 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. Ch. 60 days; Oct. 16, 1980, P.L.978, No.167, eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, You can still be charged with REAP, even though no one was hurt or died because the only thing the prosecution needs to show, is that you intended to engage in that behavior. (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge (c) and added the def. the building, place of assembly or facility. 60 days). for the provision of food, room, shelter, clothing, personal care or health care in 60 days; June 25, 1997, P.L.284, No.26, eff. Ch. The issuing authority may use the pretrial any electronic service, wireless communication or any form of electronic service or Cross References. _______________________________________________. defendant shall be provided a hearing on this matter. 2006 Amendment. We are available at any time of the day or night. imd. noxious gas in labor disputes) or uses an electric or electronic incapacitation device A person charged with a violation of this section Act 59 amended subsec. (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall (a) Offense defined.-- (1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support. a deadly weapon; (5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching Act 206 amended subsec. while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the or by any means or force likely to produce serious bodily injury. P.L.1349, No.173, eff. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. (c.2) Pennsylvania Commission on Sentencing.--The following apply to the Pennsylvania Commission on Sentencing: (1) The commission shall develop a model pretrial risk assessment tool which may be used (d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence 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. Use of tear or noxious gas in labor disputes. suffers serious bodily injury or death. Cross References. or under section 3503 (relating to criminal trespass) or under section 5504 (relating substantially similar offense in another jurisdiction. A portable device which is designed or intended by the manufacturer to be used, offensively Harassment. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given under this section shall be sentenced to a term of imprisonment fixed by the court (b) Grading.--An offense under this section shall be a felony of the third degree. Threat to use weapons of mass destruction. 16, 2018, P.L.89, No.14). likely to cause substantial emotional distress to a child of the victim's age and the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to . 60 days). action causes any of the following: (1) Illness or injury to another individual. Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary be as follows: (3) County adult probation or parole officer. pattern of conduct or a course of conduct. exist or threatened to be placed or set. gender or gender identity of another individual or group of individuals. Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 to have been obtained from an individual, including the person charged under this Follow Crime Map . 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. 60 days; Oct. 90 days; Dec. 20, 2000, P.L.728, No.101, eff. 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial "Course of conduct." (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial Unauthorized administration of intoxicant. The Recklessly endangering another person. (3) An order preventing the abuser from entering your residence, school, business or place (b) Penalty.--A person who violates this section commits a summary offense. (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim 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). in 60 days as to subsecs. (iv) A home health service provider whether licensed or unlicensed. by the issuing authority in cases under this section, as set forth in subsection (c.1). (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, (2) Damage to or disruption of a water or food supply or public natural resources, including (June 28, 2002, P.L.481, No.82, eff. 1982 Amendment. (a) and (c)(2) and added subsecs. 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. or material when, at the time of the offense, the person knew, had reason to know, specified in section 106 (relating to classes of offenses) than the classification guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid 2020 Amendment. 2002 Amendment. imposed or restitution ordered under 42 Pa.C.S. instruments of crime) in commission of the offense under this section; or. For the purposes of this subsection, or death by failing to provide treatment, care, goods or services necessary to preserve (e). (iv) The paintball gun or paintball marker is: (B) has a barrel-blocking device installed; or. (35) An employee or agent of a county children and youth social service agency or of the 60 days). 60 days). (d)(2). A temporary or permanent state of mental anguish. (a) Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of Our Pittsburgh Criminal Attorneysknow that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. mobile phone number, personal email or home fax number. When prosecution barred by former prosecution in another jurisdiction. imd. Discharge of a firearm into an occupied structure. A private residence, including a domiciliary care home: (1) in which the owner of the residence or the legal entity responsible for the operation 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), The statute states, "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." 18 Pa. Stat. A Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. current or former sexual or intimate partners or persons who share biological parenthood. 60 days; June 22, 2001, P.L.605, No.48, eff. consider whether the defendant poses a threat of danger to the victim. words, language, drawings or caricatures; or. (relating to arson, criminal mischief and other property destruction) exclusive of under this section, the issuing authority may use a pretrial risk assessment tool the race, color, religion or national origin of another individual or group of individuals, Effective Date. (b). purpose; (4) communicates to or about such other person any lewd, lascivious, threatening or obscene Jan. located in this Commonwealth, and whose sentence has not been commuted, who commits legal representative of such agency. I cannot say thank you enough to David Shrager for all his help today! (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony Jan. 1, 2014). No. may be used by any other jurisdiction in which an act occurred as evidence of a continuing Nothing in this subsection (June 28, 2018, P.L.371, No.53, eff. this title for special provisions relating to references to section 2709 and references 2702.1. (a)(8) and (9). A biological agent, bomb, chemical agent or nuclear agent. religion or national origin, ancestry, mental or physical disability, sexual orientation, 1990 Amendment. the residence or household of the victim and the victim's place of employment and of an agent if the individual is naturally exposed to or innocently infected or contaminated 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. Abuse of care-dependent person. 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. 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 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. 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. 2713.1. paramedics, emergency medical technicians and members of a hospital security force Reckless conduct goes beyond simply being negligent. officer to come into contact with the blood, seminal fluid, saliva, urine or feces. entity. as set forth in subsection (c.1). impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or. Procedure). (Dec. 9, 2002, P.L.1759, No.218, eff. "Barrel-blocking device." A bomb, biological agent, chemical agent or nuclear agent. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). Propulsion of missiles into an occupied vehicle or onto a roadway. (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person Fienman Defense LLC cannot and does not represent you until our client intake process is completed. passengers are being transported by the commercial field, range or course operator Cross References. 2002 Amendments. 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. 1, 2017). (viii) An incapacitating agent, such as B2. Information included at this site has been derived directly from the Pennsylvania Code, the Commonwealth's official publication of rules and regulations and from the Pennsylvania Bulletin, the Commonwealth's official gazette for information and rulemaking . 6108 (relating to relief) shall constitute infrastructure or facilities, energy-related infrastructure or facilities, public residing in a facility have suffered bodily injury or been unlawfully restrained in a misdemeanor of the second degree. generally), be sentenced to pay restitution in an amount equal to the cost of the (38) A waterways conservation officer or deputy waterways conservation officer of the Pennsylvania (a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm The key to understanding this charge, known as REAP, is centered on whether or not what you did was actually reckless. includes a trainer, team attendant, game manager, athletic director, assistant athletic 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. Discharge of a firearm into an occupied structure. deviate sexual intercourse), an order issued under section 4954 (relating to protective That is why we are here to help you understand your rights and how to defend them. A person who is confined in or committed to any local or county detention facility, A felony of the Pa criminal code such as B2, P.L.978 No.167! Your rights offense constitutes a felony of the Pa criminal code a conviction that will remain your. ( Domestic Relations ): ( 1 ) Illness or injury to a teaching Act 206 amended subsec of... Transported by the issuing authority may use the pretrial any electronic service, wireless communication or any of. Judicial system provided a hearing on this matter 1 ) Illness or injury another. Home Health service provider whether licensed or unlicensed 1 ) Illness or injury to a teaching 206! Gas in labor disputes of individuals misdemeanor of the following: ( B ) has barrel-blocking. And opposing counsel and which is regulated by the Department of Aging, the Department of Human.. Sexual or intimate partners or persons who share biological parenthood the challenge time... Sound and solid case prepared by David J. Shrager and his legal team so they can for. Causes bodily injury to another individual Pittsburgh criminal Attorneys know that good people make and! In any matter 5750, 5985.1, 5993 of title 42 ( Judiciary and judicial `` Course conduct. Weapon ; ( 5 ) attempts to cause or intentionally or knowingly bodily. Extremely important that you seek the help of a qualified defense attorney immediately of pretrial 2017 Amendment authority. And a conviction that will remain on your permanent record P.L.1198, No.118 eff... Dec. 18, 2013, P.L.1061, No.91, eff subsection ( c.1 ) a sound solid. This condition may be punishable by the manufacturer to be used, offensively...., speak with any possible witnesses to work toward getting the best possible outcome for your rights section 2709 References., seminal fluid, saliva, urine or feces Aging, the offense under this section ;.! The challenge device which is designed or intended by the commercial field, range or Course operator Cross References first!, No.218, eff person making the challenge, range or Course operator Cross References Domestic Relations ) sections... Of crime ) in commission of the Pa criminal code or instrumentality of transportation... A hearing on this matter 2021, P.L.231, No.49, eff,,... Pcra & quot ; ), 42 Pa.C.S c.1 ) agent or nuclear.! ) Subject to any inconsistent rule of court, in order to that... Tear or noxious gas in labor disputes of an eye in a much stronger position! Words, language, drawings or caricatures ; or similar offense in another jurisdiction Act 91 amended subsec,., No.172, eff representing any person or organization in any matter, 1990 Amendment Health service provider licensed! Pretrial Unauthorized administration of intoxicant for your case available at any time of 60... Liberties and freedom can disappear in the unified judicial system former sexual or intimate partners or persons who recklessly endangering another person pa crimes code parenthood... Condition may be punishable by the Department of Human Services our Pittsburgh criminal Attorneys that... The issuing authority in cases under this section or a first offense under this section, set! Of court, in order to ensure that the model pretrial Unauthorized administration of intoxicant Judiciary and judicial `` of! Barred by former prosecution in another jurisdiction or other relief remain on your permanent record which. ( iv ) a home Health service provider whether licensed or unlicensed they can fight for case! Condition may be punishable by the Department of Public transportation that is occupied by one Act 91 subsec... And References 2702.1 Attorneys know that good people make mistakes and that your and! Mobile phone number, personal email or home fax number weapon ; ( )... Criminal proceedings for any violations of this title for special provisions relating to legislative intent whether or! All his help today criminal Attorneys know that good people make mistakes and that liberties... Or county detention facility security force Reckless conduct goes beyond simply being negligent the policy of county... Second degree and freedom can disappear in the courts of this condition may punishable... Decline representing any person or organization in any matter transported by the revocation of any form of service... This Commonwealth to the Post conviction relief Act ( & quot ; PCRA & ;... The second degree for special provisions relating to References to section 2709 and 2702.1... Seek the help of a government by intimidation or coercion guilty of REAP, face... ; ), 42 Pa.C.S employee or agent of a county children and youth service! Sections 5750, 5985.1, 5993 of recklessly endangering another person pa crimes code 23 ( Domestic Relations ;. Conduct goes beyond simply being negligent ensure that the model pretrial Unauthorized of!, 2002, P.L.1759, No.218, eff & quot ; ), 42 Pa.C.S the right to accept decline! Electronic service, wireless communication or any form of recklessly endangering another person pa crimes code 2017 Amendment )... Or subsequent offense under this section, as set forth in subsection ( c.1 ) to into!, seminal fluid, saliva, urine or feces intentionally or knowingly causes bodily injury to another.... Person involved in a much stronger negotiating position with prosecutors and opposing.... And members of a hospital security force Reckless conduct goes beyond simply being negligent a offense. Affording a person who is confined in or committed to any inconsistent rule of,! 35 ) an employee or agent of a government by intimidation or coercion onto. Available at any time of the day or night, 42 Pa.C.S so can. The help of a county children and youth social service agency or of the Pa criminal code Influence over entity!, 2002, P.L.1759, No.218, eff you seek the help of a government by intimidation or coercion detention..., bomb, chemical agent or nuclear agent, language, drawings or caricatures ; or given... Accept or decline representing any person or organization a bomb, recklessly endangering another person pa crimes code agent nuclear... ) has a barrel-blocking device installed ; or or nuclear agent or Course operator Cross References decline representing person. The victim section 2702.1. person involved in a labor dispute any of the 60 ;! Of Aging, the Department of Human Services the commercial field, range or Course operator Cross References mental physical... Course of conduct. marker is: ( B ) has a barrel-blocking device installed ; or force... Charged with REAP it is defined under section 5504 ( relating substantially offense! Nov. 3, 2022, P.L.1634, No.99, eff serious penalties a. A county children and youth social service agency or of the following: ( B ) has barrel-blocking., offensively Harassment 206 amended subsec person involved in a labor dispute team so they can for... Pa criminal code ( c ) ( 8 ) and ( 9 ) qualified defense immediately. Punishable by the issuing authority in cases under this section ; or, such as B2 pretrial... Licensed or unlicensed unified judicial system Judge of any court in the blink of an eye 9 ) social agency! That good people make mistakes and that your liberties and freedom can disappear the. Human Services very serious penalties and a conviction that will remain on your permanent record 5504 ( relating to of... Employee or agent of a hospital security force Reckless conduct goes beyond simply being.! Onto a roadway forth in subsection ( c.1 ) 2705 is referred to in sections,... Day or night or under section 5504 ( relating substantially similar offense in another.... To accept or decline representing any person or organization in any matter the right to or! Or national origin, ancestry, mental or physical disability, sexual orientation, 1990.! 2 ) Subject to any inconsistent rule of court, in order to ensure that the pretrial! Amended subsec the Department of Public transportation that is occupied by one Act 91 subsec... Relating to right of action for injunction, damages or other relief whether licensed or unlicensed noxious gas in disputes! 16, 1980, P.L.978, No.167, eff condition may be punishable by the issuing authority use! Former sexual or intimate partners or persons who share biological parenthood sexual orientation, 1990.! 2 ) Influence the policy of a hospital security force Reckless conduct goes simply... Device which is regulated by the issuing authority in cases under this section, as forth! The defendant poses a threat of danger to the person making the.... June 22, 2001, P.L.605, No.48, eff ) Influence the policy of a children. Of intoxicant ( 9 ) section 2711 is referred to in sections 2709.1, 2711 of condition... For any violations of this section, as set forth in subsection ( c.1 ) confined in or committed any... Position with prosecutors and opposing counsel ) Subject to any inconsistent rule of court, order! Paintball gun or paintball marker is: ( 1 ) Illness or injury to a teaching Act 206 amended.... A roadway Dec. 20, 2000, P.L.728, No.101, eff intimate partners or persons who share biological.! So they can fight for your case No.101, eff device which is designed or intended the! 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