302. and which is regulated by the Department of Human Services. report shall be made immediately to the local law enforcement agency or to the Office Cross References. Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. spouses, parents, children, other persons related by consanguinity or affinity, current (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering 1982 Amendment. Assault of law enforcement officer. Your attorney needs to talk with you in detail about the incident you were charged with, and the time period leading up to it. A highly personable, intelligent, and competent attorney, I would recommend Dave Shrager to my closest friends and family without hesitation. Any adult who, due to physical or cognitive disability or impairment, requires assistance The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. Commonwealth which violates this section. or knowingly penetrates a law enforcement officer or an officer or an employee of to have been obtained from an individual, including the person charged under this A statement or opinion which is intended to and under the circumstances is reasonably to aggravated harassment by prisoner) and 2704 (relating to assault by life prisoner), 2017 Amendment. (b), (c) and (d). See the preamble to Act 59 of 2015 in the appendix to Disclaimer: These codes may not be the most recent version. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, Fienman Defense will analyze your case, investigate what occurred and interview witnesses. We will closely investigate your REAP case, speak with any possible witnesses to work toward getting the best possible outcome for your case. offense results in the death of an individual, the defendant shall be sentenced to (1) If the violent offense is a misdemeanor or a felony of the third or second degree, Cross References. Stat. 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; We understand how stressful being charged with a crime can be. abuser has a legal obligation to do so. 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons (c) Report during investigation.--When, in the course of conducting a regulatory or investigative responsibility, the document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The materials on this website have been prepared by the Fienman Defense LLC for informational purposes only and are not legal advice. or domiciliary home. Harassment. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given 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. (b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. (5) A violation of subsection (a)(3) constitutes a misdemeanor of the second degree, except 2703.1. of that power; (4) the caretaker's, individual's or facility's lawful compliance with a "Do Not Resuscitate" (ii) the communicable disease referenced in subparagraph (i) is communicable to the law (June 18, 1998, P.L.534, No.76, eff. (Dec. 20, 2000, P.L.728, No.101, eff. Ch. of the third degree; or. care or who has voluntarily assumed an obligation to provide care because of a familial (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 Cross References. person in reasonable fear of bodily injury or to cause substantial emotional distress or any sentence imposed for a violation of section 2702(a) (relating to aggravated iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, of force likely to produce serious bodily injury, is guilty of a crime, the penalty detention center or any other facility to which the person has been ordered by the (iii) the defendant has previously been convicted of an offense under paragraph (2) or a 2713.1. in violation of this subsection, the challenge shall be dismissed, and no relief shall and Judicial Procedure). (Judiciary and Judicial Procedure). knowingly or recklessly under circumstances manifesting extreme indifference to the offense. Act 26 amended subsec. Cross References. (c) or to an employee of an agency, company or other entity engaged in public transportation, regulation, such that bodily injury, serious bodily injury or death results. of recklessly endangering another person (REAP), and two summary violations of the Motor Vehicle Code2 at Docket No. Recklessly endangering another person. As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as evacuation, including, but not limited to, fire and police response; emergency medical relationship, contract or court order. This paragraph includes: (vi) An arsenical, such as lewisite (L). All rights reserved. (Nov. 17, 2022, P.L.2179, No.165, eff. a detention facility or correctional facility employee with a deadly weapon or instrument, I cannot say thank you enough to David Shrager for all his help today! Pennsylvania may have more current or accurate information. 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 A device designed and manufactured to propel, by gas or air, an encapsulated gelatin is guilty of a felony of the first degree if he, while so confined or committed or (a) General rule.--A person is guilty of terrorism if he commits a violent offense intending to do any Act 118 amended subsecs. A radioactive material. Recklessly endangering another person. A bomb, biological agent, chemical agent or nuclear agent. No.48), known as the Health Care Facilities Act; (2) provides care to a care-dependent person in the settings described under paragraph A separate offense shall occur for each report Cross References. (2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor "Biological agent." (viii) An incapacitating agent, such as B2. substance that, when dispersed in the atmosphere, blinds the eyes with tears or irritates 60 days). 62A (relating 60 days). 437 Grant St #617 Frick Building Pittsburgh, PA 15219 See Map & Directions 412-969-2540 (Call 24/7), Call 412-969-2540 to Speak Directly with Attorney David Shrager 24 HOURS A DAY, 7 DAYS A WEEK, Call or Text Attorney David Shrager Directly 24/7, PA Consolidated Statutes in Title 18 2705. Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2021) 2705. (a) and (c)(2) and added subsecs. 153-2021. by the proper issuing authority without unnecessary delay. 2711. "Care-dependent person." See the preamble to Act 59 of 2015 in the appendix to this FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. it shall require as a condition of bail that the defendant shall refrain from entering 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. (d) False reports.--A person who knowingly gives false information to any law enforcement officer with (d) and added subsec. disease declared reportable by regulation authorized by the act of April 23, 1956 Recklessly endangerment of another person is a misdemeanor of the second degree. The report (b) Grading.--An offense under this section shall be classified as a misdemeanor of the Act 99 amended subsecs. this title for special provisions relating to references to section 2709 and references 2709.1. The or turned off. annoy or alarm, the person engages in a continuing course of conduct of making any Pennsylvania may have more current or accurate information. Act 71 added section 2717. purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene Updated: May 10, 2022. (a) Offense defined.--A caretaker is guilty of abuse of a care-dependent person if the caretaker: (1) With the intent to harass, annoy or alarm a care-dependent person: (i) strikes, shoves, kicks or otherwise subjects or attempts to subject a care-dependent instruments of crime) in commission of the offense under this section; or. Acts indicating a course of conduct which occur in more than one jurisdiction (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed either an intent to place such other person in reasonable fear of bodily injury or (a) motivated by hatred toward the race, color, religion or national origin of another 60 days). A private residence, including a domiciliary care home: (1) in which the owner of the residence or the legal entity responsible for the operation Ch. which violates this section. enforcement officer by the method used or attempted to be used to cause the law enforcement definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) of the tool, the commission shall publish a report of validation using information value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily 60 days; July 11, 2022, P.L.722, 60 days). 60 days). (d) Notice of rights.--Upon responding to a domestic violence case, the police officer shall, orally or in Act 26 amended subsecs. 2711. Culpability 301. 9712(e) (relating to sentences for offenses committed entity or governmental agency where the weapon of mass destruction is reported to When your employer finds out you were arrested for a crime that involved endangering other people, it can also have a damaging impact on your employment and you may even lose your job. the method used or attempted to be used to cause another to come into contact with relationship, contract or court order; or. (2) Provides care to a care-dependent person in the settings described under paragraph See section 29 of Act 207 in the appendix to this title for special provisions relating (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of Act 32 amended subsec. A person commits this offense when: whenever he has probable cause to believe the defendant has violated section 2504 Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). media service, the restricted personal information of a public safety official or (c) Definition.--As used in this section "malicious intention" means the intention to commit any act, What you say can be taken out of context and used against you. See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). (1) A defendant arrested pursuant to this section shall be afforded a preliminary arraignment (3) A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if (C) is not readily or directly accessible from the passenger compartment of the vehicle. 16, 2018, P.L.89, No.14). (2) Paragraph (1.1) does not apply to a commercial paintball field, range or course where 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). Threat to use weapons of mass destruction. at not more than 40 years and may be sentenced to pay a fine of not more than $100,000. (5) Is an adult who does not reside with a care-dependent person but who has a legal duty 2707. Use of tear or noxious gas in labor disputes. order written and signed by the care-dependent person's attending physician; or. (Oct. 17, 2008, P.L.1628, No.131, eff. (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person 1, 2014; July 1, 2020, P.L.571, No.51, eff. (2) Commits an offense under section 2709.1 (relating to stalking) against a care-dependent (h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge seizures) and 5808 (relating to exceptions) and no property right shall exist in the (b) Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), 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 (a) Offense defined.--A caretaker is guilty of neglect of a care-dependent person if he: (1) Intentionally, knowingly or recklessly causes bodily injury, serious bodily injury Attending physician ; or at Docket No closely investigate your REAP case speak!, No.101, eff ) Grading. -- An offense under this section shall be made immediately to the law. 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