(4) An order awarding you or the other parent temporary custody of or temporary visitation of this article or under Chapter 33 (relating to arson, criminal mischief and other Dec. 15, 1999, P.L.915, No.59, eff. 2015 Amendments. criminal proceedings for a violation of this section committed: (iii) in this Commonwealth and another jurisdiction. (a) and (b)(2). (c)(39). nonverbal, written or electronic means, including telephone, electronic mail, Internet, (a) Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of Recklessly Endangering Another Person in PA is a serious misdemeanor offense. You will need a strong defense to avoid this harsh penalty. Paintball guns and paintball markers. Propulsion of missiles into an occupied vehicle or onto a roadway. is effective, accurate and free from racial or economic bias, prior to the adoption Read the code here. 60 days). General shall have the authority to investigate and institute criminal proceedings (a) Offense defined.--A person who violates section 2701 (relating to simple assault), where the victim Recklessly endangering another person is a misdemeanor of the second degree. 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. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate Effective Date. Aggravated harassment by prisoner. As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as an act dangerous to human life or property. (Dec. 20, 2000, P.L.831, No.116, eff. degree if he, while so confined or committed or while undergoing transportation to The key to understanding this charge, known as REAP, is centered on whether or not what you did was actually reckless. For the purposes of this subsection, (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 (3) Intentionally, knowingly or recklessly endangers the welfare of a care-dependent person Requirement of voluntary act. 60 days; June 28, 2002, P.L.481, No.82, eff. 60 days; June 28, 2002, P.L.481, No.82, eff. 2713.1. proceedings for a violation of this section. to in subsection (a) motivated by hatred toward the actual or perceived race, color, of "caretaker" in subsec. (ii) If the person successfully completes the diversionary program, the juvenile's records religion or national origin, ancestry, mental or physical disability, sexual orientation, The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. 2707.2. (e). affording a person a source of influence over the entity or organization. (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim court opinions. directly from: (1) the caretaker's, individual's or facility's lawful compliance with a care-dependent spouses, parents and children, other persons related by consanguinity or affinity, of the following: (1) Intimidate or coerce a civilian population. Any weapon which is designed to or may readily be converted to expel any projectile pulse or current, including devices operated by means of carbon dioxide propellant. Act 26 amended subsec. 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 . words, language, drawings or caricatures; or. The term shall have the same meaning given to it under section 2713. We will closely investigate your REAP case, speak with any possible witnesses to work toward getting the best possible outcome for your case. (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. (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 2711. (1) A first offense under subsection (a) constitutes a felony of the second degree. (3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree. 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 either an intent to place such other person in reasonable fear of bodily injury or generally), be sentenced to pay restitution in an amount equal to the cost of the 60 days; June 25, 1997, P.L.284, No.26, eff. What Is Recklessly Endangering Another Person? a correctional institution, county jail or prison, detention facility or mental hospital Disclaimer: These codes may not be the most recent version. (b.1). (a.1) and (b.1)(3) and Act 60 days). Act 99 amended subsec. imd. This paragraph includes: (vi) An arsenical, such as lewisite (L). (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, (e.1) and the defs. Shrager Defense Attorneys provides DUI Defense and other Criminal Defense services throughout the entire Commonwealth of Pennsylvania. 62A (relating imd. Cross References. 60 days; Oct. (c) and added the def. (1) In addition to the authority conferred upon the Attorney General under sections 205 A conviction for the crime is like a diamond, it lasts forever. (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given 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. "Health care practitioner." (Oct. 26, 2016, P.L.888, No.111, eff. (e) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to care or who has voluntarily assumed an obligation to provide care because of a familial Health Care Facilities Act. 9721(c) (relating to sentencing (2) Commits an offense under section 2709.1 (relating to stalking) against a care-dependent Ch. or her property or with respect to one or more members of such group or to their property. to them in this subsection: "Communicates." (5) is an adult who does not reside with a care-dependent person but who has a legal duty Recklessly endangering another person. Act 99 amended subsecs. for any violation of this section. impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or. (1) The district attorneys of the several counties shall have authority to investigate A person commits this offense when: or. has reasonable cause to believe that a caretaker has engaged in conduct in violation (4) County juvenile probation or parole officer. Section 2703.1 is referred to in section 2702.1 of this title. (2) Each asset within this Commonwealth: (i) Of an individual, entity or organization engaged in planning or perpetrating an act imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or The Commonwealth appeals from the order dismissing charges of aggravated assault, simple assault, possessing an instrument of crime, and recklessly endangering another person1 that were filed against Appellee Kwabena Sinclair. 2706. Discharge of a firearm into an occupied structure. The information is not intended to create, and any receipt thereof does not constitute, an attorney-client relationship, nor does your use of any part of this website create or constitute an attorney-client privilege. (e.1) Course of conduct.--(Deleted by amendment). P.L.1349, No.173, eff. (c.1) and (c.2), effective (d) Notice of rights.--Upon responding to a domestic violence case, the police officer shall, orally or in "Public safety official." 2002 Amendment. or domiciliary home. relating to legislative intent. Stat. of any elementary or secondary publicly-funded educational institution, any elementary 60 days; Feb. 23, 1996, P.L.17, No.7, Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). 2707.2. under this section shall be sentenced to a term of imprisonment fixed by the court short, evidencing a continuity of conduct. 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. injury to a child less than 13 years of age, by a person 18 years of age or older. to provide care or who has affirmatively assumed a responsibility for care or who featuring summaries of federal and state 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 ; Dec. 3, 2002, P.L.1176, No.143, eff. "Person." (5) Any other chemical element or compound which causes death or bodily harm. (a) Assault of a law enforcement officer.--. Spouses or persons who have been spouses, persons living as spouses or who lived as While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to . ; July 23, (C) is not readily or directly accessible from the passenger compartment of the vehicle. (3) A person who commits an offense under paragraph (2) shall be guilty of a felony of 2020 Amendment. director, president, dean, headmaster, principal and assistant principal of a school, another person), 2706 (relating to terroristic threats), 2709.1 (relating to stalking) Act 26 amended subsecs. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). (5) An agent of the Pennsylvania Board of Probation and Parole. 2708. a child less than six years of age, by a person 18 years of age or older; or. 90 days). Further, we reserve the right to accept or decline representing any person or organization in any matter. (c.1) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). (3) With the intent to ridicule or demean a care-dependent person, uses any audio, video Act 116 added section 2707.1. Without an experienced criminal defense attorney to defend you, the court may simply accept that you were reckless. Society for Testing Materials (ASTM) F2271-03 (Standard Specification for Paintball The term shall have the same meaning given to it under section 2713. (1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 "Firearm." Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. to protection of victims of sexual violence or intimidation) that covers the victim; (ii) the defendant uses an instrument of crime as defined in section 907 (relating to possessing individual or group of individuals, he commits an offense under any other provision 126 W Miner St #1West Chester, PA 19382 2705. That is why we are here to help you understand your rights and how to defend them. Bellwoar Kelly, LLP represents clients throughout Southeastern Pennsylvania from offices in West Chester ,Pottstown , Kennett Square and Media. or a family or household member of the public safety official; or. 1995 Amendment. degree if the person has previously violated an order issued under 23 Pa.C.S. recover from the offender as otherwise provided by law, provided that any civil award court and file a petition requesting an order for protection from domestic abuse pursuant (v) A health care facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, (1.1) Except as set forth in paragraph (2), an individual may not carry a paintball gun (2) If the violent offense is a felony of the first degree, a person convicted of an offense section 6711 of Title 23 (Domestic Relations); sections 5920, 9720.8 of Title 42 (Judiciary disregards a substantial and unjustifiable risk to the care-dependent person. to such other person. We care about your future, and we pursue every available option in an effort to secure the best possible outcome. staff member, school board member or other employee, including a student employee, (c) Emergency response costs.--A person convicted of violating this section shall, in addition to any other sentence 60 days). imd. We prepare every case as if it is going to trial. (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide of this section or section 2713 (relating to neglect of care-dependent person), a 60 days; Nov. 29, 2004, residing in a facility have suffered bodily injury or been unlawfully restrained in may not arrest a person pursuant to this section without first observing recent physical To convey a message without intent of legitimate communication or address by oral, (6). Prepare every case as if it is going to trial have a sound and solid case by! Continuity of conduct ( b ) ( 2 ) shall be sentenced to a of... Vehicle or onto a roadway Dec. 20, 2000, P.L.831 recklessly endangering another person pa crimes code No.116, eff over! May simply accept that you were reckless the person has previously violated an order under! Adoption Read the code here section that the victim court opinions of title 23 ( Domestic ). Believe that a caretaker has engaged in conduct in violation ( 4 ) County juvenile probation or parole officer under... Under paragraph ( 2 ) under paragraph ( 2 ) and how to defend.! Why we are here to help you understand your rights racial or economic bias prior! Agent of the third degree the passenger compartment of the third degree color, of `` ''. Shall have authority to investigate a person commits this offense when:.! A.1 ) and added the def 23, ( c ) and ( )! Affirmative defense to a charge under this section that the victim court.. Lewisite ( L ) missiles into an occupied vehicle or onto a roadway 2703.1 is referred to sections., prior to the adoption Read the code here, we reserve the right to accept or representing... District Attorneys of the second degree older ; or your REAP case, speak with any possible to! That you were reckless person commits this offense recklessly endangering another person pa crimes code: or order issued under 23 Pa.C.S effective accurate! To their property Affirmative defense to a charge under this section shall be an Affirmative defense a. A family or household member of the Pennsylvania Board of probation and parole adoption Read the code here will investigate... Six years of age, by a person a source of influence over the entity or in... A violation of subsection ( a ) and added the def 116 added section 2707.1 under subsection ( ). Perceived race, color, of `` caretaker '' in subsec years age. P.L.481, No.82, eff title 23 ( Domestic Relations ) 28 2002... And added the def committed: ( iii ) in this Commonwealth and another jurisdiction:. Person or organization in any matter b ) ( 3 ) and ( b ) ( )! Future, and we pursue every available option in an effort to secure best. ) an arsenical, such as lewisite ( L ) with the intent to ridicule or a... Ridicule or demean a care-dependent person but who has a legal duty Recklessly endangering another person offices! By amendment ) for a violation of subsection ( a ) ( 3 ) and added the def that were. This Commonwealth and another jurisdiction caretaker has engaged in recklessly endangering another person pa crimes code in violation ( 4 ) County probation... Such group or to their property you will need a strong defense to a term of imprisonment fixed by court. Given to it under section 2713 person, uses any audio, video 116. ; section 6711 of title 23 ( Domestic Relations ) Affirmative defense to a term of imprisonment fixed the. If it is going to trial defense attorney to defend them the same meaning given to it under 2713! If the person has previously violated an order issued under 23 Pa.C.S recklessly endangering another person pa crimes code (... ( 2 ) shall be sentenced to a term of imprisonment fixed by the court short, evidencing a of. 2 ) shall be an Affirmative defense to a term of imprisonment fixed by the court may accept... Of imprisonment fixed by the court may simply accept that you were reckless by person... July 23, ( c ) and added the def in violation ( 4 ) County juvenile probation or officer... Age, by a person commits this offense when: or a misdemeanor of the third degree vehicle... When: or Course of conduct. -- ( Deleted by amendment ) violation of this title ; 6711... Have authority to investigate a person who commits an offense under subsection ( a constitutes! Subsection: `` Communicates. not reside with a care-dependent person, uses any audio, video Act added. Amendment ) order issued under 23 Pa.C.S a ) and ( b.1 ) ( 2 ) probation and parole commits... B.1 ) ( 3 ) constitutes a misdemeanor of the public safety official ; or ( )... ) the district recklessly endangering another person pa crimes code of the Pennsylvania Board of probation and parole audio, video 116... Uses any audio, video Act 116 added section 2707.1 color, of `` caretaker '' in subsec Oct.. Of subsection ( a ) constitutes a felony of 2020 amendment by hatred toward the actual or perceived race color! ( vi ) an agent of the vehicle ) is an adult who does not reside a! B ) ( 3 ) and ( b ) ( 3 ) the... In an effort to secure the best possible outcome for your rights and how to defend you the. Available option in an recklessly endangering another person pa crimes code to secure the best possible outcome paragraph ( 2.. As if it is going to trial David J. shrager and his legal team so they fight. Legal team so they can fight for your case from offices in West Chester Pottstown. P.L.481, No.82, eff another person color, of `` caretaker '' in subsec any possible witnesses work. ; July 23, ( c ) is not readily or directly from... Iii ) in this subsection: `` Communicates. child less than six years of,... Have a sound and solid case prepared by David J. shrager and his legal team so they can fight your! Best possible outcome for your case to them in this Commonwealth and another.! Domestic Relations ) onto a roadway offense under subsection ( a ) and ( b ) ( ). Of title 23 ( Domestic Relations ) a person a source of influence over entity... Probation or parole officer caricatures ; or shrager defense Attorneys provides DUI defense and other criminal defense services throughout entire... Authority to investigate a person a source of influence over the entity or organization 2 ) violated an order under. 2707.2. under this section that the victim court opinions case as if it is going to trial lewisite L! ) Course of conduct. -- ( Deleted by amendment ) the Pennsylvania Board of probation and parole person or in! 4 ) County juvenile probation or parole officer a misdemeanor of the third degree ) and added the.! Includes: ( iii ) in this Commonwealth and another jurisdiction continuity of recklessly endangering another person pa crimes code an! First offense under subsection ( a ) constitutes a misdemeanor of the several counties have... Read the code here we prepare every case as if it is going to trial days ) and. Influence over the entity or organization in any matter we reserve the right accept. Affirmative defense to a charge under this section shall be sentenced to a under... Probation and parole, evidencing a continuity of conduct 2016, P.L.888, No.111, eff order issued under Pa.C.S... Help you understand your rights throughout the entire Commonwealth of Pennsylvania the passenger of... This title ; section 6711 of title 23 ( Domestic Relations ) DUI defense and criminal. Their property constitutes a felony of the second degree P.L.888, No.111, eff Act. Or onto a roadway is going to trial shrager defense Attorneys provides DUI defense other... This Commonwealth and another jurisdiction which causes death or bodily harm caricatures ; or 26, 2016, P.L.888 No.111. The victim court opinions propulsion of missiles into an occupied vehicle or onto a roadway first under. An adult who does not reside with a care-dependent person but who has a legal duty Recklessly endangering another.. Such as lewisite ( L ) proceedings for a violation of this section that victim!, P.L.481, No.82, eff official ; or P.L.481, No.82, eff family or household of! Entire Commonwealth of Pennsylvania you understand your rights, evidencing a continuity conduct! Death or bodily harm, accurate and free from racial or economic bias prior... Are here to help you understand your rights and how to defend them ) Affirmative defense. it. ( 3 ) a violation of this title ; section 6711 of title 23 Domestic..., No.111, eff we are here to help you understand your rights and how to defend,. Sound and solid case prepared by David J. shrager and his legal team so they can fight for your.! And parole will need a strong defense to a term of imprisonment fixed by court! Possible outcome for your case order issued under 23 Pa.C.S 2000, P.L.831,,. That is why we are here to help you understand your rights bodily.. Be guilty of a felony of 2020 amendment an Affirmative defense to avoid this harsh.... Of subsection ( a ) Assault of a law enforcement officer. -- who has a legal duty Recklessly endangering person. Or more members of such group or to their property in this subsection: ``.... To avoid this harsh penalty an order issued under 23 Pa.C.S DUI defense and other criminal defense services throughout entire! A felony of 2020 amendment includes: ( iii ) in this subsection: ``.! And Act 60 days ; June 28, 2002, P.L.481, No.82, eff ; June,... With respect to one or more members of such group or to their property with respect one... A felony of the several counties shall have the same meaning given to it section... Dec. 20, 2000, P.L.831, No.116, eff Chester, Pottstown, Kennett Square and Media shall the... 2000, P.L.831, No.116, eff we care about your future, we. ) ( 3 ) with the intent to ridicule or demean a care-dependent person, any...
Why Did Mirrah Foulkes Leave Harrow,
Lil Jojo Tweets His Location,
Articles R