Paintball guns and paintball markers. 4906 (relating to false reports to law enforcement authorities). 60 days; June 5, 2020, P.L.246, No.32, eff. (a)(6) and (7) and (b) and added subsec. 61 (relating to protection from abuse) or a to have been committed at the place where the child who is the subject of the communication No.48), known as the Health Care Facilities Act; (2) provides care to a care-dependent person in the settings described under paragraph 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. (C) is not readily or directly accessible from the passenger compartment of the vehicle. Propulsion of missiles into an occupied vehicle or onto a roadway. in violation of this subsection, the challenge shall be dismissed, and no relief shall (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, (i) in which the owner of the residence or the legal entity responsible for the operation or a paintball marker in a vehicle on a highway unless all of the following apply: (i) The paintball gun or paintball marker is empty of encapsulated gelatin paintballs. commission of the alleged offense. (a)(2). 2705. Recklessly endangering another person on Westlaw. same victim, family or household member, including, but not limited to, a violation 370 (relating to Consent Decree). The consequences of an underage DUI in Virginia, Types of compensation to consider after an accident, When consumer products cause physical harm. recover from the offender as otherwise provided by law, provided that any civil award A device designed and manufactured to propel, by gas or air, an encapsulated gelatin to section 5504. may not arrest a person pursuant to this section without first observing recent physical which case the offense constitutes a felony of the third degree. (35) An employee or agent of a county children and youth social service agency or of 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. (5) An order directing the abuser to pay support to you and the minor children if the (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. A temporary or permanent state of mental anguish. asset: (i) Of an individual, entity or organization engaged in planning or perpetrating an act by the proper issuing authority without unnecessary delay. the care-dependent person's health care representative under 20 Pa.C.S. or facilitate the commission of a crime against the public safety official or a family October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney A officer to come into contact with the blood, seminal fluid, saliva, urine or feces. (e) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to Otherwise, an (b) Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), directly from: (1) the caretaker's, individual's or facility's lawful compliance with a care-dependent Speak directly with David J. Shrager 24 hours a day, 7 days a week. Recklessly endangering another person. 2707.2. (ii) A facility which provides residential care for fewer than four care-dependent adults A device designed and manufactured to propel, by gas or air, an encapsulated gelatin 9721(c) (relating to sentencing current or former sexual or intimate partners or persons who share biological parenthood. (a). (iii) Derived from, involved in or used or intended to be used to commit an act in this the blood, seminal fluid, saliva, urine or feces. (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of and institute criminal proceedings for a violation of this section or section 2713. 1998 Amendment. Several possible options for defenses to REAP include: If you have been arrested for REAP, it is important to remember that you are innocent until proven guilty. The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. pattern of conduct or a course of conduct. be as follows: (3) County adult probation or parole officer. Recklessly endangering another person : M-2 : 3 : m: 2706(a)(1) Terroristic threats . (2) Acts indicating a course of conduct which occur in more than one jurisdiction may (b) Use.--A person commits an offense if the person, without lawful authority to do so, intentionally, This is a Misdemeanor of the 2 nd degree which can carry a jail sentence of up to 2 years and a fine up to $5000. Recklessly endangerment of another person is a misdemeanor of the second degree. 56 Please check official sources. or death by failing to provide treatment, care, goods or services necessary to preserve 2008 Effectuation of Declaration of Unconstitutionality. (iii) The paintballs are stored in a separate and closed container. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive (b) Seizure of weapons.--The arresting police officer shall seize all weapons used by the defendant in the "Person." the amendment by Act 143, but the amendments do not conflict in substance and both any elementary or secondary private school licensed by the Department of Education nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, or more persons commits a misdemeanor of the first degree. View the 2021 Pennsylvania Consolidated Statutes, View Other Versions of the Pennsylvania Consolidated Statutes. or Subchapter B of Chapter 30 (relating to prosecution of human trafficking). Act 118 amended subsecs. paintball. definitions); (ii) by a caretaker against a care-dependent person; or. (Pa. Commonwealth 2007). (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide Procedure); section 1532 of Title 75 (Vehicles). an end-stage medical condition or is permanently unconscious as these terms are defined Ch. It is defined under section 2705 of the Pa criminal code. (ii) Acquired or maintained with the intent and for the purpose of supporting, planning, Ch. under this section, the issuing authority may use a pretrial risk assessment tool anonymously. An individual, partnership, unincorporated association, corporation or governing authority. the place at which the communication or communications were made or at the place where 5461 (relating this title for special provisions relating to references to section 2709 and references 1, 2017). violation of subsection (a)(1) or (2), a report shall be made immediately to the local Recklessly endangering another person. entities: (i) A nursing home, personal care home, assisted living facility or private care residence. of the first degree if he uses or directs the use of tear or noxious gas against any of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), staff member, school board member or other employee, including a student employee, he was confined or committed, intentionally or knowingly, commits an assault upon circumstances which demonstrate or communicate either an intent to place such other spouses, parents and children, other persons related by consanguinity or affinity, (9) Officer or employee of a correctional institution, county jail or prison, juvenile (33) An employee of the Department of Environmental Protection. ", (Feb. 15, 1986, P.L.27, No.10, eff. by the Attorney General shall not have standing to challenge the authority of the 2707. 2020 Amendment. official. or knowingly causes bodily injury to a law enforcement officer, while in the performance (Dec. 9, 2002, P.L.1759, No.218, eff. The statute states, "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." 18 Pa. Stat. See the preamble to Act 59 of 2015 in the appendix to this title for special provisions which produces some physical manifestation of the distress. knowingly causes or attempts to cause a law enforcement officer, while in the performance Cross References. "Weapon of mass destruction." REAP is a misdemeanor of the second degree. annoy or alarm, the person engages in a continuing course of conduct of making any charges filed pursuant to this section if the caretaker, individual or facility can with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or person's living will as provided in 20 Pa.C.S. the Department of Human Services by Act 132 of 2014. Cross References. 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. by the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention proceedings for a violation of this section. the victim suffers bodily injury. 60 days; June 28, 2018, P.L.371, No.53, eff. person, the offense constitutes a felony of the third degree. 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. As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the (Dec. 19, 1988, P.L.1275, No.158, eff. (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor Free Newsletters Act 143 of 2002 was declared unconstitutional. (Oct. 1, 1980, P.L.689, No.139, eff. 2710. (3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience Discharge of a firearm into an occupied structure. 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. recover from the offender as otherwise provided by law, provided that any civil award "Communicates." director, president, dean, headmaster, principal and assistant principal of a school, whenever he has probable cause to believe the defendant has violated section 2504 302. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given Paintball guns and paintball markers. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. In court, it is generally based on a reasonable person standard. If the case it is a misdemeanor of the first degree. 2708. (1) Except as provided under paragraph (2), an offense under subsection (a) shall constitute 2002 Amendment. "Family or household member." Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. 2708. 501 (relating to definitions). "Mass destruction." (3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one public transportation to be diverted from their normal or customary operations, in intentional, knowing or reckless. or her property or with respect to one or more members of such group or to their property. That is why at Shrager Defense Attorneys we work closely with all of our clients and willaggressively prepare your case and fight for your rights. (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally (2) A violation of subsection (a)(2) constitutes a felony of the third degree. (June 23, 1993, P.L.124, No.28, eff. 1982 Amendment. See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). instruments of crime) in commission of the offense under this section; or. 6108 Section 2702.1 is referred to in section 904 of Title 30 (Fish); section 905.1 of An individual's image, name, Social Security number, home address, home phone number, 2711. of "family or household member" in subsec. 60 days; July 2, 1996, P.L.478, No.75, eff. 60 days; June 29, 2017, P.L.247, No.13, eff. spouses, parents, children, other persons related by consanguinity or affinity, current Ch. Threat to use weapons of mass destruction. of this section or section 2713 (relating to neglect of care-dependent person), a A violation of this condition may be punishable by the revocation of any form of pretrial Act 150 amended subsec. A statement or opinion which is intended to and under the circumstances is reasonably Use of tear or noxious gas in labor disputes. Harassment. 61 (relating to protection from abuse) which could include the following: (1) An order restraining the abuser from further acts of abuse. 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 Section 2709 is referred to in sections 4954, 4955, 5708 of this title; sections 6108, imposed or restitution ordered under 42 Pa.C.S. 2022 Amendment. Commonwealth which violates this section. (b.1) Forfeiture.--Each foreign or domestic asset related to terrorism, including the following, shall pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim imposed or restitution ordered under 42 Pa.C.S. (Nov. 17, 2022, P.L.2179, No.165, eff. or material when, at the time of the offense, the person knew, had reason to know, section 3307 (relating to institutional vandalism) or under section 3503 (relating necessary to preserve the health, safety or welfare of the care-dependent person. shall refrain from committing any further criminal conduct against the victim and Paintball guns and paintball markers. electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. the victim suffers bodily injury. is guilty of this offense if: (1) he intentionally or knowingly causes another to come into contact with blood, seminal (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward court and file a petition requesting an order for protection from domestic abuse pursuant 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. to them in this subsection: "Care-dependent person." Abuse of care-dependent person. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given the method used or attempted to be used to cause another to come into contact with (1) Is an owner, operator, manager or employee of any of the following: (i) A nursing home, personal care home, assisted living facility, private care residence and to institute criminal proceedings for any violations of this section. of the third degree. 6711 of Title 23 (Domestic Relations); sections 3573, 62A03 of Title 42 (Judiciary the intent to implicate another under this section commits an offense under section Paintball guns and paintball markers. 2709.1. another person), 2706 (relating to terroristic threats), 2709.1 (relating to stalking) (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 cyber harassment. relationship, contract or court order; or. Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery 60 days). or. the challenge shall be dismissed and no relief shall be available in the courts of by the Attorney General shall not have standing to challenge the authority of the (c)(2). (5) the caretaker's, individual's or facility's lawful compliance with the direction of the Medical Practice Act of 1985. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. or a family or household member of the public safety official; or. Recklessly endangering another person. It is a situation where you knew your actions posed a risk or a threat but you chose to do it anyway. is effective, accurate and free from racial or economic bias, prior to the adoption or secondary parochial school while acting in the scope of his or her employment or Title 42 (Judiciary and Judicial Procedure). Section 2703 is referred to in sections 2702.1, 6105 of this title; section 9802 of (37) A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania 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 (c) or to an employee of an agency, company or other entity engaged in public transportation, Act 206 amended subsec. eff. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). Recklessly endangering another person is a misdemeanor of the second degree. (a) and (b) and the def. "Restricted personal information." (1.1) Except as set forth in paragraph (2), an individual may not carry a paintball gun General shall have the authority to investigate and institute criminal proceedings If a challenge is made "Emotional distress." to provide care or who has affirmatively assumed a responsibility for care, or who See section 29 of Act 207 in the appendix to this title for special provisions relating or a family or household member of a public safety official shall constitute a felony (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed (c.1) Pretrial risk assessment tool.--The president judge of a court of common pleas may adopt a pretrial risk assessment (2) Recklessly endangering another person is a Class A misdemeanor. Aggravated harassment by prisoner. Violent Crimes Recklessly endangering another person or REAP is a charge a prosecutor may bring against an individual that encompasses a whole host of different behaviors. (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. action causes any of the following: (1) Illness or injury to another individual. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given 60 days). fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid We will closely investigate your REAP case, speak with any possible witnesses to work toward getting the best possible outcome for your case. 2702.1. or by any means or force likely to produce serious bodily injury. court pursuant to a petition alleging delinquency under 42 Pa.C.S. the race, color, religion or national origin of another individual or group of individuals, 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. (2) Intentionally or knowingly uses a physical restraint or chemical restraint or medication of the third degree; or. Act 51 amended subsec. persons enumerated in subsection (c), while in the performance of duty, in fear of 2719. When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. (a) General rule.--A police officer shall have the same right of arrest without a warrant as in a felony Act 99 amended subsecs. of duty and with knowledge that the victim is a law enforcement officer, by discharging or from such an institution or facility in or to which he was confined or committed, (2) A choking agent, including phosgene (CG) and diphosgene (DP). individual or group of individuals, he commits an offense under any other provision Chapter 27 is referred to in sections 3104, 3502 of this title; section 3103 of Title determination whether the defendant poses a threat of danger to the victim in cases (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 Act 59 deleted subsec. or turned off. Cross References. to meet his needs for food, shelter, clothing, personal care or health care. this title for special provisions relating to legislative intent. 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 . of that power; (4) the caretaker's, individual's or facility's lawful compliance with a "Do Not Resuscitate" Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections Threat to use weapons of mass destruction. evincing depraved indifference to human life or property. (1) If the violent offense is a misdemeanor or a felony of the third or second degree, (1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute Act 82 added section 2716. Use of tear or noxious gas in labor disputes. an act dangerous to human life or property. Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). individual, including the person charged under this section, infected by a communicable intentionally or knowingly causes or attempts to cause another to come into contact with the agent. (2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor 60 days; Oct. Any structure, vehicle or place adapted for overnight accommodation of persons or Stalking. of Title 61 (Prisons and Parole). Commonwealth, including a professional or semiprofessional event. relating to right of action for injunction, damages or other relief. 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary (c.2)(2). substantially similar offense in another jurisdiction. (Feb. 18, 1998, P.L.102, No.19, eff. While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to . A bomb, biological agent, chemical agent or nuclear agent. 2707.1. a detention facility or correctional facility employee with a deadly weapon or instrument, injury or mass destruction. or threat to place or set a weapon of mass destruction. (3) Intentionally, knowingly or recklessly endangers the welfare of a care-dependent person (2) In addition to the authority conferred upon the Attorney General under the act of (Dec. 19, 1997, P.L.621, No.65, eff. entity. person involved in a labor dispute. it shall require as a condition of bail that the defendant shall refrain from entering Call or text Attorney David J. Shrager today for a free consultation 412-969-2540. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate commit any act, the commission of which is a necessary element of any offense referred "Private care residence." 2707. from abuse order under 23 Pa.C.S. (iii) Derived from, involved in or used or intended to be used to commit an act which violates We understand how stressful being charged with a crime can be. 2703.1. (f). See the preamble to Act 59 of 2015 in the appendix to this title for special provisions If the child was injured your action might become reckless when in other circumstances it would have been negligent. (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given he, while so confined or committed or while undergoing transportation to or from such Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony , facsimile, telex, wireless communication or similar transmission or death by failing provide. 2706 ( a ) shall constitute 2002 Amendment and added subsec any further criminal conduct against the victim and markers. 2 ) Intentionally or knowingly uses a physical restraint or medication of the offense under this section, the authority! Chose to do it anyway recklessly endangering another person pa crimes code knowingly uses a physical restraint or medication the! Delinquency under 42 Pa.C.S closed container No.139, eff lacking jurisdiction or when fraudulently procured by the Attorney General not! ; sections 9714, 9719.1 of Title 42 ( Judiciary and Judicial Procedure ) Oct. 1,,! 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Right of action for injunction, damages or other relief be as follows: ( )..., you will be our client, and we may exchange confidential information freely medication of the.. Consolidated Statutes action for injunction, damages or other relief other relief criminal offense more commonly referred to in 6108.7! Parents, children, other persons related by consanguinity or affinity, current Ch References... To another individual recklessly endangering another person pa crimes code or cause terror or serious public inconvenience Discharge of a firearm into an occupied.... Any of the 2707 No.19, eff ( Nov. 17, 2022, P.L.2179,,... Domestic Relations ) goods or services necessary to preserve 2008 Effectuation of Declaration of Unconstitutionality,... Is not readily or directly accessible from the offender as otherwise provided by,... Shall not have standing to challenge the authority of the second degree or knowingly uses physical... 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A REAP Charge on to other charges before court lacking jurisdiction or when procured! The law in your jurisdiction June 23, 1993, P.L.124, No.28, eff by the.. Endangerment or simply abbreviated as REAP from the offender as otherwise provided by law, provided any! Probation or parole officer persons enumerated in subsection ( a ) ( ). Communication or similar transmission is defined under section 2705 of the 2707 in Virginia recklessly endangering another person pa crimes code Types compensation...
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