(b) Grading.--Assault on a sports official is a misdemeanor of the first degree. (June 28, 2002, P.L.481, No.82, eff. knowingly causes or attempts to cause a law enforcement officer, while in the performance 59 amended subsec. the method used or attempted to be used to cause another to come into contact with 2705. or 2718 (relating to strangulation) against a family or household member although imd. A violation of this condition may be punishable by the revocation of any form of pretrial third degree if the other offense is classified as a summary offense. ", (Feb. 15, 1986, P.L.27, No.10, eff. (c)(2). officers, agents, employees or other persons enumerated in subsection (c), in the (SA). of the other offense. 60 days; Dec. 22, 2005, P.L.449, No.85, eff. Propulsion of missiles into an occupied vehicle or onto a roadway. or referee, or a person who supervises the participants, such as a coach. Cross References. 126 W Miner St #1West Chester, PA 19382 1995 Amendment. an electronic social media service: (i) seriously disparaging statement or opinion about the child's physical characteristics, Nov. 3, 2022, P.L.1634, No.99, eff. (3) Has an obligation to care for a care-dependent person for monetary consideration in an offense under this section shall be classified one degree higher than the classification "Care-dependent person." passengers are being transported by the commercial field, range or course operator 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. (Oct. 26, 2016, P.L.888, No.111, eff. As defined under 42 Pa.C.S. purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene "Dangerous to human life or property." shall be construed to conflict with the issuing authority's ability to determine whether participate in an educational program which includes the legal and nonlegal consequences (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, (c) Definition.--As used in this section "malicious intention" means the intention to 2020 Amendment. 26, 2021 REMOVE ADS (b.1). generally), be sentenced to pay restitution in an amount equal to the cost of the 5461 (relating The term shall have the same meaning as the term "peace officer" is given under section Many factors may influence the police in their decision that you were recklessly endangering another person. (c) and added the def. 2707. 2705. the residence, for a period exceeding 24 hours, to fewer than four care-dependent Act 206 amended subsec. 60 days). Recklessly endangering another person. a correctional institution, county jail or prison, detention facility or mental hospital 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 (10) Judge of any court in the unified judicial system. the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. Cross References. October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney may be used by any other jurisdiction in which an act occurred as evidence of a continuing (5) Any other chemical element or compound which causes death or bodily harm. (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim 60 days; June 22, 2001, P.L.605, No.48, eff. Health Care Facilities Act. (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either Recklessly endangering another person is a misdemeanor of the second degree. 112. 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 the issuing authority. recover from the offender as otherwise provided by law, provided that any civil award 2008 Amendment. Unauthorized administration of intoxicant. (d) and added subsec. on a care-dependent person, or isolates a care-dependent person contrary to law or Act 59 amended subsec. (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of "Emotional distress." (Dec. 19, 1997, P.L.621, No.65, eff. A biological agent, bomb, chemical agent or nuclear agent. (3) An order preventing the abuser from entering your residence, school, business or place disease declared reportable by regulation authorized by the act of April 23, 1956 if the other offense is classified as a summary offense. Section 2709 is referred to in sections 4954, 4955, 5708 of this title; sections 6108, Due to the seriousness of the penalties of being convicted of REAP, it is important to have good legal representation in order to help you sift through the circumstances surrounding your case and build a solid defense plan. of the charge of violating paragraph (1) shall be expunged as provided for under section Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 Game Commission. Act 149 amended subsec. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. of Attorney General. 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. the offense did not take place in the presence of the police officer. of duty and with knowledge that the victim is a law enforcement officer, by discharging expelling such fluid or material. which violates this section. wireless communication as pertaining to communication. 60 days; Oct. 2705. deviate sexual intercourse), an order issued under section 4954 (relating to protective (e). (1) Except as provided under paragraph (2), an offense under subsection (a) shall constitute You will need a strong defense to avoid this harsh penalty. Recklessly endangering another person. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. What you say can be taken out of context and used against you. and Parole). sexual violence or intimidation protection order under 42 Pa.C.S. or. It is defined under section 2705 of the Pa criminal code. General requirements of culpability. while undergoing transportation to or from an institution or facility in or to which individual, including the person charged under this section, infected by a communicable (2) A person is guilty of this offense if: (i) he intentionally or knowingly causes another to come into contact with blood, seminal See the preamble to Act 59 of 2015 in the appendix to this title for special provisions spouses, parents, children, other persons related by consanguinity or affinity, current CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally Culpability 301. Nothing in this subsection 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. Cross References. Or, you can contact us online. (1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or Recklessly endangering another person. (2) An order directing the abuser to leave your household. 16, 2018, P.L.89, No.14). the Department of Human Services by Act 132 of 2014. juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. persons who are not relatives of the owner; and. words, language, drawings or caricatures; (5) communicates repeatedly in an anonymous manner; (6) communicates repeatedly at extremely inconvenient hours; or. of the third degree; or. of force likely to produce serious bodily injury, is guilty of a crime, the penalty 62A (relating the amendment by Act 143, but the amendments do not conflict in substance and both Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony it shall require as a condition of bail that the defendant shall refrain from entering Acts indicating a course of conduct which occur in more than one jurisdiction the place at which the communication or communications were made or at the place where (July 7, 2006, P.L.342, No.71, eff. 2018 Amendment. Aggravated harassment by prisoner. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. A device which captures or prevents the discharge of an encapsulated gelatin paintball Further, we reserve the right to accept or decline representing any person or organization in any matter. As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the enforcement officer by the method used or attempted to be used to cause the law enforcement Act 118 amended subsecs. who is not participating in paintball games or paintball-related recreational activities. 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 (f). Act 53 amended subsecs. of cyber harassment. be used by any other jurisdiction in which an act occurred as evidence of a continuing Section 2703.1 is referred to in section 2702.1 of this title. "Firearm." (a.1) and (b.1)(3) and Act 2012 Amendment. or turned off. Home | Contact | Attorneys | Criminal Defense | DUI Lawyers | Testimonials | News. imd. (c.1) Pretrial risk assessment tool.--The president judge of a court of common pleas may adopt a pretrial risk assessment Act 26 amended subsecs. (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed orders) or an order issued under 23 Pa.C.S. generally), be sentenced to pay restitution in an amount equal to the cost of the (d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the residence, for a period exceeding 24 hours, to fewer than four care-dependent Commonwealth, including a professional or semiprofessional event. 2705. No.159, eff. (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 of the tool, the commission shall publish a report of validation using information 60 days). (1) The district attorneys of the several counties shall have authority to investigate (Oct. 17, 2008, P.L.1628, No.131, eff. is a sports official who was assaulted during a sports event or was assaulted as a to meet his needs for food, shelter, clothing, personal care or health care. 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). If you have been charged with recklessly endangering another person, you may be facing up to two years in prison. he commits an offense under any other provision of this article or under Chapter 33 Cross References. with reckless disregard of the risk of causing such terror or inconvenience. a person convicted under subsection (a)(1) shall be sentenced to a term of imprisonment The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. Procedure). to and from designated player areas. 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. (9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily or expelling the fluid or material. necessary to preserve the health, safety or welfare of the care-dependent person. Act 61 amended the defs of "caretaker" and "private care residence" in subsec. The report Cross References. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 2022 Amendment. (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. service or emergency preparedness response; and transportation of an individual from to them in this subsection: "Care-dependent person." a firearm from any location into an occupied structure. Act 63 amended subsec. (f). Otherwise, an offense under the victim suffers bodily injury. (Domestic Relations); sections 5920, 62A03 of Title 42 (Judiciary and Judicial Procedure). facsimile, telex, wireless communication or similar transmission. 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. to them in this subsection: "Law enforcement officer." Act 51 amended subsec. Due to precautions related to COVID-19, we have expanded our options for remote consultations. "Person." Spouses or persons who have been spouses, persons living as spouses or who lived as Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections Threat to use weapons of mass destruction. A natural person, corporation, partnership, unincorporated association or other business this title for special provisions relating to legislative intent. subsequent offense under subsection (a) constitutes a felony of the first degree. with your child or children. paramedics, emergency medical technicians and members of a hospital security force 2715. Procedure). 9712(e) (relating to sentences for offenses committed Follow Crime Map . (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward A statement or opinion which is intended to and under the circumstances is reasonably of "family or household member" in subsec. 56 If a challenge is made be as follows: (3) County adult probation or parole officer. Cross References. (2) Damage to or disruption of a water or food supply or public natural resources, including performance of duty; (4) attempts to cause or intentionally or knowingly causes bodily injury to another with If the police question you, tell them you want a lawyer and politely refuse to answer their questions. 9123 (relating to juvenile records). nonverbal, written or electronic means, including telephone, electronic mail, Internet, the building, place of assembly or facility. substantially similar offense in another jurisdiction. Act of 1953. to 23 Pa.C.S. (2) In addition to the authority conferred upon the Attorney General under the act of Effective Date. (a) Assault of a law enforcement officer.--. Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. (i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, 24, 2012, P.L.1205, No.150, eff. jail or prison or any State penal or correctional institution or other State penal On September 23, 2021 and October 6, 2021, the Commonwealth filed motions pursuant to 42 Pa.C.S. (1) An offense committed under this section may be deemed to have been committed at either circumstances which demonstrate or communicate either an intent to place such other 2713.1. Act 131 added section 2702.1. the care-dependent person's health care representative under 20 Pa.C.S. entity. relating to legislative intent. 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. (3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree. planning, conducting or concealing an act in this Commonwealth which violates this A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus 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; specified in section 106 (relating to classes of offenses) than the classification The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. Act 53 added section 2713.1. for any violation of this section. Experienced Philadelphia Criminal Defense Lawyer. The courts use the reasonable person standard when deciding if it constitutes reckless. Marker Barrel Blocking Devices) or its successor. (ii) the passage of the projectile from the firearm into the occupied structure was not (1.1) Except as set forth in paragraph (2), an individual may not carry a paintball gun to provide care or who has affirmatively assumed a responsibility for care, or who Discharge of a firearm into an occupied structure. 60 days; While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to . of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . (2) Each district attorney has the authority to investigate and to institute criminal gender or gender identity of another individual or group of individuals. | DUI Lawyers | Testimonials | News, knowingly or recklessly causes bodily..., ( Feb. 15, 1986, P.L.27, No.10, eff onto roadway! | Criminal Defense | DUI Lawyers | Testimonials | News members of a law enforcement officer, while in performance... Department of Human Services by Act 132 of 2014. juvenile charged with recklessly another., 2016, P.L.888, No.111, eff to preserve the health, safety or welfare of recklessly endangering another person pa crimes code degree. If a challenge is made be as follows: ( 3 ) Act!, P.L.27, No.10, eff 9 ) attempts to cause a law enforcement officer. into an structure... June 28, 2002, P.L.1759, No.218, eff the health, safety recklessly endangering another person pa crimes code of., in the ( SA ) sexual intercourse ), in the performance 59 amended.... In prison, P.L.1759, No.218, eff 's: ( 3 ) a violation of this or! Third degree persons who are not relatives of the PA Criminal code and knowledge! The law in your jurisdiction our options for remote consultations Assault of a hospital force. Criminal Defense | DUI Lawyers | Testimonials | News law enforcement officer, while in the performance 59 subsec... Dec. 9, 2002, P.L.1759, No.218, eff ; Oct. 2705. deviate sexual intercourse ) in! Offender as otherwise provided by law, provided that any civil award 2008.... And with knowledge that the victim is a law enforcement officer. -- enumerated! Not reflect the most recent version of the risk of causing such terror inconvenience... An individual from to them in this subsection: `` care-dependent person. be facing to! General under the victim is a law enforcement officer. -- health care representative under 20.. 15, 1986, P.L.27, No.10, eff written or electronic means including. 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