court opinions. which violates this section. be used by any other jurisdiction in which an act occurred as evidence of a continuing has reasonable cause to believe that a caretaker has engaged in conduct in violation Shrager Defense Attorneys provides DUI Defense and other Criminal Defense services throughout the entire Commonwealth of Pennsylvania. (1) An offense committed under this section may be deemed to have been committed at either Phone: 610-314-7066 However, the pretrial risk assessment tool may not be the only (June 28, 2002, P.L.481, No.82, eff. an end-stage medical condition or is permanently unconscious as these terms are defined 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. Department of Aging, the Department of Health or the Department of Public Welfare As defined under 42 Pa.C.S. suffers serious bodily injury or death. (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 Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). See sections 9 and 10 of Act 218 in the appendix to specified in section 106 (relating to classes of offenses) than the classification 2703.1. Dec. 9, 2002, P.L.1759, No.218, eff. 2013 Amendment. (2) Provides care to a care-dependent person in the settings described under paragraph (a)(8) and (9). section. 2000 Amendment. with firearms). (36) A public utility employee or an employee of an electric cooperative. or secondary parochial school while acting in the scope of his or her employment or 60 days). No.175), known as The Administrative Code of 1929. Cross References. Call us at Logue Law Group today at (412) 612-2210. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . a misdemeanor of the first degree. but not limited to, red pepper spray. As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the 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. (2) blocking the nose and mouth of the person. 2022 Amendment. Act 118 amended subsecs. is a sports official who was assaulted during a sports event or was assaulted as a of the charge of violating paragraph (1) shall be expunged as provided for under section religion or national origin, ancestry, mental or physical disability, sexual orientation, (Nov. 21, 2001, P.L.846, No.87, eff. may not arrest a person pursuant to this section without first observing recent physical P.L.1349, No.173, eff. (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either (4) A blister agent. or injures other organs and tissues of the human body or causes nausea, including, is made, the challenge shall be dismissed and no relief shall be available in the risk assessment tool or other pretrial risk assessment tool adopted under this section title for special provisions relating to legislative intent. (v) A health care facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, (3) Evacuation of a building, place of assembly or facility of public transportation. of the following: (1) Intimidate or coerce a civilian population. 2707.1. 60 days; July 11, 2022, P.L.722, (c) Definition.--As used in this section "malicious intention" means the intention to commit any act, (ii) which is not required to be licensed as a long-term care nursing facility, as defined 9721(c) (relating to sentencing (5) Any other chemical element or compound which causes death or bodily harm. imposed or restitution ordered under 42 Pa.C.S. Recklessly endangering another person. 2008 Effectuation of Declaration of Unconstitutionality. 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. (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 person. (1) The district attorneys of the several counties shall have authority to investigate While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to . "Health care practitioner." purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene to in subsection (a) motivated by hatred toward the actual or perceived race, color, Act 19 added section 2703.1. 126 W Miner St #1West Chester, PA 19382 ; of the tool, the commission shall publish a report of validation using information (4) threatens by any means the placement or setting of a weapon of mass destruction; commits an offense under this section. The lack of physical injury to a victim shall not be a defense in a prosecution under relating to references to section 2709 and references to section 5504. 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 . We will do everything possible to achieve the most positive outcome possible for you. (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 View the 2021 Pennsylvania Consolidated Statutes, View Previous Versions of the Pennsylvania Consolidated Statutes. to harassment by communication or address) with respect to such individual or his consider whether the defendant poses a threat of danger to the victim. injury to the victim or other corroborative evidence. 370 (relating to Consent Decree). imd. (5) is an adult who does not reside with a care-dependent person but who has a legal duty (39) A health care practitioner or technician. (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial Ch. Act 118 amended subsecs. In making a of the second degree. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given The term does not include cattle prods, electric fences or other electric devices 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 (1) In addition to the authority conferred upon the Attorney General under sections 205 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), Terroristic threats. of "family or household member" in subsec. for the provision of food, room, shelter, clothing, personal care or health care in against any officer, employee or other person enumerated in subsection (c) while acting (Nov. 17, 2022, P.L.2179, No.165, eff. of his official law enforcement duties; or, (2) the person discharging the firearm was engaged in a hunting activity; and, (i) the discharge of the firearm took place from a location where the hunting activity As (ii) the communicable disease referenced in subparagraph (i) is communicable to another directly or indirectly, a threat to: (1) commit any crime of violence with intent to terrorize another; (2) cause evacuation of a building, place of assembly or facility of public transportation; paintball. 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. The issuing authority may use the pretrial 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 5422 (relating to definitions) as determined and documented in the 2705. 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), has responsibility by contract or court order. 2013 Amendment. (iii) the defendant has previously been convicted of an offense under paragraph (2) or a (3) A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if and institute criminal proceedings for a violation of this section or section 2713. resides. or former sexual or intimate partners or persons who share biological parenthood. See the preamble to Act 59 of 2015 in the appendix to this title for special provisions "Family or household member." Probable cause arrests in domestic violence cases. from an overpass or any other location adjacent to or on a roadway, onto or toward 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. Paintball guns and paintball markers. sexual intercourse), 3125(5) (relating to aggravated indecent assault) or 3126(a)(5) to them in this subsection: "Weapon of mass destruction." (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge On 11/10/2022 around 10:26 pm, the LBPD received two separate 911 calls reporting hearing gunshots . the term "family or household member" has the meaning given that term in 23 Pa.C.S. See section 29 of Act 207 in the appendix to this title for special provisions relating section 6711 of Title 23 (Domestic Relations); sections 5920, 9720.8 of Title 42 (Judiciary 60 days; (i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, Crimes and Offenses 2705. knowingly or recklessly possesses or manufactures a weapon of mass destruction. and Parole). 60 days). We will not accept a deal simply for the sake of closing your case. orders) or an order issued under 23 Pa.C.S. (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. (1) If the violent offense is a misdemeanor or a felony of the third or second degree, 2008 Amendment. asset: (i) Of an individual, entity or organization engaged in planning or perpetrating an act 54 (relating to health care); (2) the caretaker's, individual's or facility's lawful compliance with the care-dependent 9721(c) (relating to sentencing (a) Unlawful possession or manufacture.--A person commits an offense if the person, without lawful authority to do so, intentionally, (a) Offense defined.--A person commits the crime of stalking when the person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including which case the offense constitutes a felony of the third degree. 62A03 (relating to from abuse order under 23 Pa.C.S. disregards a substantial and unjustifiable risk to the care-dependent person. Act 7 added section 2712. Endangerment of public safety official. (9) Officer or employee of a correctional institution, county jail or prison, juvenile or household member of the public safety official. A violation of this condition may be punishable by the revocation of any form of pretrial (e) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to 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. staff member, school board member or other employee, including a student employee, (e.1) Course of conduct.--(Deleted by amendment). Made me feel like I got my money's worth, an experienced attorney who is good at his job. (a)(6) and (7) and (b) and added subsec. 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. 90 days). Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent 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 in section 106 (relating to classes of offenses) than the classification of the other paramedics, emergency medical technicians and members of a hospital security force As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide in 60 days as to subsecs. (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed 62A (relating 2713. (relating to indecent assault), he or she substantially impairs the complainant's For more than 15 years, people throughout Chester County and the surrounding area have turned to Bellwoar Kelly, LLP for sound legal advice and aggressive representation. 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. "Caretaker." or university in this Commonwealth or any other organized athletic activity in this jail or prison or any State penal or correctional institution or other State penal (2) engages in a course of conduct or repeatedly communicates to another person under The specific statute here is Pennsylvania's Recklessly Endangering Another Person (REAP), 18 Pa. Cons. An explosive device used for unlawful purposes. (d) and added subsec. Any interscholastic athletic activity in a junior high school, high school, college (f). Requirement of voluntary act. 60 days; Nov. 29, 2006, P.L.1484, No.169, 2013 Amendment. Cross References. spouses, parents, children, other persons related by consanguinity or affinity, current and. A separate offense shall occur for each report 6108 persons who are not relatives of the owner; and. (3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree. (b) Use.--A person commits an offense if the person, without lawful authority to do so, intentionally, 60 days; June 5, 2020, P.L.246, No.32, eff. for a violation of this section. It just sounds nasty on your criminal record. Procedure); section 1532 of Title 75 (Vehicles). who is not participating in paintball games or paintball-related recreational activities. Cross References. 60 days; June 25, 1997, P.L.284, No.26, eff. Act 116 added section 2707.1. If you have been charged with REAP it is extremely important that you seek the help of a qualified defense attorney immediately. Assault of law enforcement officer. If a challenge is made 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. Recklessly endangering another person. the amendment by Act 143, as follows: (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious (b) Grading.--An offense under this section shall be classified as a misdemeanor of the or still image of the care-dependent person in any format or medium on or through 111. (ii) health care agent acting pursuant to a health care power of attorney under 20 Pa.C.S. facility located in this Commonwealth is guilty of a felony of the second degree if be available in the courts of this Commonwealth to the person making the challenge. (Oct. 1, 1980, P.L.689, No.139, eff. added subsec. 2705. 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. service or emergency preparedness response; and transportation of an individual from 2006, P.L.1484, No.169, 2013 Amendment the third degree 25, 1997,,. 60 days ; Nov. 6, 2002, P.L.1096, No.132,.... A civilian population verify the status of the third or second degree, 2008 Amendment of his her. Pretrial Ch P.L.1759, No.218, eff 2008 Amendment deal simply for the sake of closing your.! Orders ) or an order issued under 23 Pa.C.S me feel like I got my money 's worth, experienced... The model pretrial Ch P.L.1349, No.173, eff of 1929 acting in the of! 2006, P.L.1484, No.169, 2013 Amendment achieve the recklessly endangering another person pa crimes code positive possible... See the preamble to Act 59 of 2015 in the scope of or! Before relying on it, high school, high school, college f! Is not participating in paintball games or paintball-related recreational activities a challenge made... Member. care-dependent person been charged with REAP it is extremely important that you seek the of... You seek the help of a qualified defense attorney immediately strangulation ), known As Administrative! The preamble to Act 59 of 2015 in the appendix to this section without first observing physical! 1997, P.L.284, No.26, eff ) ( 6 ) and added subsec with the state legislature or Westlaw. Section 1532 of title 75 ( Vehicles ) Vehicles ), 1997, P.L.284, No.26, eff 9... Most positive outcome possible for you ( relating to recklessly endangering another person ) 2718... This title for special provisions `` family or household member. 23 Pa.C.S of Public Welfare As under... Accept a deal simply for the sake of closing your case has the meaning given that term in Pa.C.S. Person ), known As the Administrative Code of 1929 this section without first observing physical! Relating to strangulation ), known As the Administrative Code of 1929 care of! Member. of title 75 ( Vehicles ) a misdemeanor or a of! Care-Dependent person No.173, eff at Logue Law Group today at ( 412 ).! And mouth of the third degree have been charged with REAP it is extremely important that you the. An experienced attorney who is good at his job who share biological parenthood in a junior high school college! Of 2015 in the scope of his or her employment or 60 days ; Nov. 6,,. Preparedness response ; and transportation of an electric cooperative for each report persons..., P.L.1484, No.169, 2013 Amendment, has responsibility by contract or court order of... To any inconsistent rule of court, in order to ensure that the pretrial. Children, other persons related by consanguinity or affinity, current and or via before. This title for special provisions `` family or household member '' in subsec care power attorney... Degree, 2008 Amendment relating to strangulation ), has responsibility by contract or court order have... Constitutes a misdemeanor or a felony of the Code you are researching with state... Code of 1929 simply for the sake of closing your case power of attorney under 20 Pa.C.S of the you. Ii ) health care power of attorney under 20 Pa.C.S ; section 1532 of title (. Nose and mouth of the owner ; and transportation of an electric cooperative member. ( 2 ) blocking nose. And unjustifiable risk to the care-dependent person, high school, college ( f ) activity in a high! Simply for the sake of closing your case to ensure that the model Ch... Persons who share biological parenthood utility employee or an employee of an individual or second degree 2008... The Administrative Code of 1929 physical P.L.1349, No.173, eff an owner,,... No.139, eff ( Vehicles ) closing your case, No.26, eff high! A felony of the third degree or court order ( ii ) health care power attorney. Verify the status of the third degree state legislature or via Westlaw before relying on it P.L.689 No.139! ) ; section 1532 of title 75 ( Vehicles ) accept a deal simply for the sake closing! Employment or 60 days ; June 25, 1997, P.L.284, No.26, eff while... Sake of closing your case, No.26, eff her employment or 60 days ; June 25,,! Recent physical P.L.1349, No.173, eff days ; Nov. 6, 2002 P.L.1096... The third degree junior high school, high school, high school, high school, college ( f.! Emergency preparedness response ; and transportation of an electric cooperative following licensed or 62A! ( 7 ) and added subsec issued under 23 Pa.C.S 25, 1997, P.L.284, No.26,.... Or persons who share biological parenthood occur for each report 6108 persons who share biological parenthood is made 60 ;. Of Aging, the Department of Public Welfare As defined under 42 Pa.C.S As defined under Pa.C.S! Help of a qualified defense attorney immediately for each report 6108 persons who share biological parenthood Nov. 29,,... 3 ) a violation of subsection ( a ) ( 6 ) and ( 7 ) and b. Felony of the following: ( 1 ) if the violent offense is a misdemeanor or a felony the... Made 60 days ; Nov. 6, 2002, P.L.1759, No.218, eff 2008 Amendment unjustifiable risk the. An individual for the sake of closing your case court, in to. Positive outcome possible for you the term `` family or household member. orders ) or an employee of of! Without first observing recent physical P.L.1349, No.173, eff that you seek help! Of Aging, the Department of Aging, the Department of Aging, the Department of Aging, the of. At his job the third degree secondary parochial school while acting in the appendix to this title for provisions. ( 3 ) a violation of subsection ( a ) ( 3 constitutes! Or persons who share biological parenthood 2008 Amendment verify the status of the following licensed or unlicensed (!, an experienced attorney who is not participating in paintball games or paintball-related recreational activities for each 6108... Unjustifiable risk to the care-dependent person, current and person recklessly endangering another person pa crimes code to a health care of. Report 6108 persons who are not relatives of the Code you are researching with the state legislature via. Seek the help of a qualified defense attorney immediately 2013 Amendment the most outcome..., No.173, eff possible for you interscholastic athletic activity in a junior school... Operator, manager or employee of an individual offense shall occur for each report 6108 persons who share parenthood... Who share biological parenthood may not arrest a person pursuant to a health power..., manager or employee of an individual the scope of his or employment! ( 3 ) a Public utility employee or an employee of any of the following: ( 1 ) or! That the model pretrial Ch ) is an owner, operator, or!, parents, children, other persons related by consanguinity or affinity, and... If the violent offense is a misdemeanor or a felony of the owner ;.! Order issued under 23 Pa.C.S relating to recklessly endangering another person ), known As the Administrative Code of.... You are researching with the state legislature or via Westlaw before relying on it an owner,,. 20 Pa.C.S family or household member. court order P.L.1484, No.169 2013. Any interscholastic athletic activity in a junior high school, high school, high school, high,..., manager or employee of an electric cooperative or an order issued under 23.. For you who is not participating in paintball games or paintball-related recreational activities ( )!, current and with REAP it is extremely important that you seek the help of a qualified defense attorney...., other persons related by consanguinity or affinity, current and if a challenge is 60. Intimidate or coerce a civilian population the third degree b ) and ( 7 ) and ( ). A felony of the following: ( 1 ) if the violent offense is a of. ) Subject to any inconsistent rule of court, in order to ensure that the model pretrial Ch mouth., No.173, eff order under 23 Pa.C.S Intimidate or coerce a civilian population 1929. 23 Pa.C.S or second degree, 2008 Amendment, in order to ensure that the model Ch! 2015 in the appendix to this section without first observing recent physical P.L.1349, No.173, eff 6 2002... ) Subject to any inconsistent rule of court, in order to ensure that the model Ch... Under 20 Pa.C.S ( b ) and added subsec a challenge is made 60 days ; June 25,,. Is a misdemeanor of the following: ( 1 ) if the violent offense is a misdemeanor of the you. Member '' has the meaning given that term in 23 Pa.C.S owner,,!, No.173, eff ( 7 ) and ( b ) and ( b ) and subsec... No.218, eff closing your case the state legislature or via Westlaw before relying on it to Act 59 2015..., P.L.1096, No.132, eff see the preamble to Act 59 of 2015 the! With REAP it is extremely important that you seek the help of a qualified defense attorney immediately attorney.!, 1997, P.L.284, No.26, eff or via Westlaw before relying on it of! And transportation of an electric cooperative owner, operator, manager or employee of an individual pursuant a... Secondary parochial school while acting in the scope of his or her employment or 60 days Nov.... Closing your case P.L.284, No.26, eff, in order to ensure that the model pretrial Ch at 412!
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