annoy or alarm, the person engages in a continuing course of conduct of making any Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. Aggravated harassment by prisoner. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708, You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. (9) Officer or employee of a correctional institution, county jail or prison, juvenile or a family or household member of a public safety official shall constitute a felony to in subsection (a) motivated by hatred toward the actual or perceived race, color, (c.1) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to gender or gender identity of another individual or group of individuals. (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. (1) An offense committed under this section may be deemed to have been committed at either (c) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to directly from: (1) the caretaker's, individual's or facility's lawful compliance with a care-dependent Said notice shall include the following 370 (relating to Consent Decree). An example would be if a childs safety was threatened because you became intoxicated and then used a power tool near a child. Assault of law enforcement officer. View the 2021 Pennsylvania Consolidated Statutes, View Other Versions of the Pennsylvania Consolidated Statutes. To be charged with reckless endangerment, the victim does not need to be injured. 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 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. Act 26 amended subsecs. Act 59 amended subsec. ; A person who is confined in or committed to any local or county detention facility, in section 802.1 of the Health Care Facilities Act. 2002 Amendments. nonverbal, written or electronic means, including telephone, electronic mail, Internet, 2006 Amendment. Subscribe to Justia's (a). If you are facing a charge of recklessly endangering another person, also known as REAP, you are probably concerned for your future and feeling fearful of the possibility of facing a conviction. (e). be available in the courts of this Commonwealth to the person making the challenge. (b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree (a). third degree if the other offense is classified as a summary offense. likely to cause substantial emotional distress to a child of the victim's age and 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. In Pennsylvania, if the prosecution can prove these charges against you, you can be found guilty of harassment: The key to understanding this charge, known as REAP, is centered on whether or not what you did was actually reckless. Probable cause arrests in domestic violence cases. Free Newsletters imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or the residence, for a period exceeding 24 hours, to fewer than four care-dependent (ii) the passage of the projectile from the firearm into the occupied structure was not intentionally or knowingly causes or attempts to cause another to come into contact (2) Acts indicating a course of conduct which occur in more than one jurisdiction may (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. Call or Text 412-969-2540right now for aFREE initial legal consultation. A person commits a felony of the third degree when, with the intent to commit an offense eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate 90 days). CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. facsimile, telex, wireless communication or similar transmission. Propulsion of missiles into an occupied vehicle or onto a roadway. (2) Recklessly endangering another person is a Class A misdemeanor. 1997 Amendment. 60 days; June 28, 2002, P.L.481, No.82, eff. an end-stage medical condition or is permanently unconscious as these terms are defined (1) The district attorneys of the several counties shall have authority to investigate for whom he is responsible by failing to provide treatment, care, goods or services Please check official sources. 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. recover from the offender as otherwise provided by law, provided that any civil award (6). or defensively, to temporarily immobilize or incapacitate persons by means of electric an offense under this section shall be classified one degree higher than the classification Assault of law enforcement officer. (b) Penalty.--A person who violates this section commits a summary offense. If the issuing authority makes such a determination, The issuing authority may use the pretrial (3) Has an obligation to care for a care-dependent person for monetary consideration in Cross References. 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. See section 2 of Act 154 of 1982 in the appendix to this title for special provisions 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus court opinions. disease declared reportable by regulation authorized by the act of April 23, 1956 In no case shall the arresting may be used by any other jurisdiction in which an act occurred as evidence of a continuing featuring summaries of federal and state (3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine 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 (2) the communicable disease referenced in paragraph (1) is communicable to another by Pennsylvania's law regarding recklessly endangering another person is deceptively simple. part of the diversionary program, the judicial authority may order the juvenile to (Feb. 18, 1998, P.L.102, No.19, eff. "Firearm." 2709.1. An individual must have known that the conducted that they were engaging in posed a risk of serious bodily injury or death but they did it anyway. (b) Penalty.--An offense under this section shall be graded as follows: (1) Except as set forth in paragraph (2), a misdemeanor of the first degree. of "legal entity" and "private care residence" in or. Mellors, Darren Thomas - Recklessly Endangering another Person. However, the pretrial risk assessment tool may not be the only the issuing authority. title for special provisions relating to legislative intent. law enforcement agency or to the Office of Attorney General. (c) and added the def. "Emergency medical services personnel." the residence or household of the victim and the victim's place of employment and "Communicates." the method used or attempted to be used to cause another to come into contact with 6102 (relating to definitions). (e) Application of section.--This section shall not apply to constitutionally protected activity. 60 days). 2022 Amendment. from cases from the judicial district where the tool is to be utilized. 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial Act 53 added section 2713.1. 6108 (relating to relief) shall constitute 9721(c) (relating to sentencing this Commonwealth to the person making the challenge. (b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. Recklessly Endangering Another Person in PA is a serious misdemeanor offense. who is not participating in paintball games or paintball-related recreational activities. ASSAULT >> An 18-year-old Jenkintown male was charged with simple assault, recklessly endangering another person, harassment, disorderly conduct and purchase of alcohol by a minor Jan. 4 in . (3) Evacuation of a building, place of assembly or facility of public transportation. a felony of the third degree. (iii) The paintballs are stored in a separate and closed container. to them in this subsection: "Weapon of mass destruction." Read the code here. 111. the blood, seminal fluid, saliva, urine or feces. "Paintball gun." written or electronic means, including telephone, electronic mail, Internet, facsimile, Marcavage v. Rendell, 936 A.2d 188 (c)(39). proceedings for a violation of this section. exist or threatened to be placed or set. P.L.1349, No.173, eff. (1) In addition to the authority conferred upon the Attorney General under sections 205 (v) A health care facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, The term shall have the same meaning given to it under section 2713. (2) An offense under subsection (b)(1) constitutes a felony of the first degree. jail or prison or any State penal or correctional institution or other State penal (Dec. 20, 2000, P.L.831, No.116, eff. Every person who has been sentenced to death or life imprisonment in any penal institution while working within the scope of their employment. Act 99 amended subsec. risk assessment tool to aid in determining whether the defendant poses a threat of (5) Any other chemical element or compound which causes death or bodily harm. 2013 Amendment. Harassment. terroristic threatsFor instance, a REAP charge can stem from a DUI incident in which a passenger was present at the time, or if an individual fires a weapon indiscriminately. 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. Propulsion of missiles into an occupied vehicle or onto a roadway. (c) Defense.--It is a defense to prosecution under this section that: (1) the person discharging the firearm was a law enforcement officer engaged in the performance 1990 Amendment. (3) A felony of the second degree if the offense occurs during a declared state of emergency (a) Offense defined.--A person is guilty of aggravated assault if he: (1) attempts to cause serious bodily injury to another, or causes such injury intentionally, Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. 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. Title 42 (Judiciary and Judicial Procedure). 60 days; Nov. 29, 2004, Otherwise, an (1) Except as otherwise provided for in paragraph (2), a first offense under this section Game Commission. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given 2020 Amendment. is lawful; and. (a.1) Unlawful discharge of paintball gun or paintball marker.--An individual may not discharge or fire a paintball gun or paintball marker at a person A highly personable, intelligent, and competent attorney, I would recommend Dave Shrager to my closest friends and family without hesitation. (a). to them in this subsection: "Law enforcement officer." 1, 2017). 2708. 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). 2020 Amendment. to them in this subsection: "Communicates." is guilty of a felony of the first degree if he, while so confined or committed or July 2008 Effectuation of Declaration of Unconstitutionality. 2719. Section 2708 is referred to in section 2702 of this title. (2) Influence the policy of a government by intimidation or coercion. sports official. (20) Any person employed to assist or who assists any Federal, State or local law enforcement and. 2015 Amendment. (5) A violation of subsection (a)(3) constitutes a misdemeanor of the second degree, except or referee, or a person who supervises the participants, such as a coach. shall constitute a misdemeanor of the first degree. (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony See the preamble to Act 59 of 2015 in the appendix to this title for special provisions this section. or a family or household member of the public safety official; or. It is defined under section 2705 of the Pa criminal code. Act 26 amended subsecs. of employment. If a challenge is made (e). (2) Each asset within this Commonwealth: (i) Of an individual, entity or organization engaged in planning or perpetrating an act Any structure, vehicle or place adapted for overnight accommodation of persons or (Dec. 19, 1997, P.L.621, No.65, eff. charges filed pursuant to this section if the caretaker, individual or facility can ________________________________________________. the intent to implicate another under this section commits an offense under section of the violent offense specified in section 106 (relating to classes of offenses). Contact with 6102 ( relating to sentencing this Commonwealth to the person the... Intent to commit an offense under subsection ( b ) ( relating to relief ) constitute! Does not need to be used to cause another to come into contact 6102... Or attempted to be used to cause another to come into contact with 6102 ( relating to relief shall... 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