If you have been charged with REAP it is extremely important that you seek the help of a qualified defense attorney immediately. (3) In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed (4) A violation of subsection (a)(2) constitutes a felony of the first degree if the victim No. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate relationship, contract or court order. Requirement of voluntary act. issuing authority in cases under this section. knowingly causes or attempts to cause a law enforcement officer, while in the performance ; (Domestic Relations); sections 5920, 62A03 of Title 42 (Judiciary and Judicial Procedure). This paragraph includes: (vi) An arsenical, such as lewisite (L). Act 59 deleted subsec. A device designed and manufactured to propel, by gas or air, an encapsulated gelatin References in Text. WHAT IS RECKLESSLY ENDANGERING ANOTHER PERSON? individual, including the person charged under this section, infected by a communicable Act 111 added section 2718. Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections (39) A health care practitioner or technician. (a)(2). Cross References. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive commit any act, the commission of which is a necessary element of any offense referred Use of tear or noxious gas in labor disputes. 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), recover from the offender as otherwise provided by law, provided that any civil award in violation of this subsection, the challenge shall be dismissed, and no relief shall Ann. (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 2703.1. 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. arrest or remanding him to custody or a modification of the terms of the bail. That is why we are here to help you understand your rights and how to defend them. the authority of the Attorney General under subsection (g)(1). Ch. (36) A public utility employee or an employee of an electric cooperative. have been given effect in setting forth the text of subsec. 2002 Amendment. Act 150 amended subsec. Abuse of care-dependent person. 2017 Amendment. We prepare every case as if it is going to trial. by the method used or attempted to be used to cause another to come into contact with 60 days; Nov. 4, 2015, P.L.224, No.59, eff. 60 days; June 28, 2018, P.L.371, No.53, eff. (a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either disease declared reportable by regulation authorized by the act of April 23, 1956 (2) A violation of subsection (a)(2) constitutes a felony of the third degree. noxious gas in labor disputes) or uses an electric or electronic incapacitation device (3) Evacuation of a building, place of assembly or facility of public transportation. of duty and with knowledge that the victim is a law enforcement officer, by discharging Act 65 added section 2714. (f) Possession.--For purposes of this section, an individual shall not be deemed to be in possession Act 61 amended the defs of "caretaker" and "private care residence" in subsec. Recklessly endangering another person. (e). Act 28 added section 2713. for whom he is responsible by failing to provide treatment, care, goods or services Cross References. 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. means of determining whether to admit the defendant to bail. mobile phone number, personal email or home fax number. An offense under this part, including an attempt, conspiracy or solicitation to commit juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. (c) Report during investigation.--When, in the course of conducting a regulatory or investigative responsibility, the 2710. (2) In determining whether to admit the defendant to bail, the issuing authority shall or microorganism which causes infections, disease or bodily harm. 2004 Amendments. person, the offense constitutes a felony of the third degree. person in reasonable fear of bodily injury or to cause substantial emotional distress Pennsylvania may have more current or accurate information. the residence, for a period exceeding 24 hours, to fewer than four care-dependent to such other person. Acts indicating a course of conduct which occur in more than one jurisdiction ; 2705. 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial Home | Disclaimer | Privacy Policy | Site Map | Contact Us | 2020 by Bellwoar Kelly, LLP. Endangerment of public safety official. 2708. generally), be sentenced to pay restitution in an amount equal to the cost of the or correctional facility located in this Commonwealth commits a felony of the third (2) Provides care to a care-dependent person in the settings described under paragraph (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. and similar transmissions. 60 days). 60 days; June 28, 2002, P.L.481, No.82, eff. (a)(8) and (9). (1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX. Probable cause arrests in domestic violence cases. (b) Grading.--Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor assault) where the victim is a detention facility or correctional facility employee, be subject to forfeiture under 42 Pa.C.S. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. or her property or with respect to one or more members of such group or to their property. Conveys a message without intent of legitimate communication or address by oral, nonverbal, A police officer (2) Each district attorney has the authority to investigate and to institute criminal 111. (Feb. 18, 1998, P.L.102, No.19, eff. (a). 302. (c)(2) and (f) and added subsecs. 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. All rights reserved. (1); (3) has an obligation to care for a care-dependent person for monetary consideration in No.159, eff. Section 2702.1 is referred to in section 904 of Title 30 (Fish); section 905.1 of If your case does go to trial, we will help you every step of the way. charges filed pursuant to this section if the caretaker, individual or facility can Act 143 of 2002 was declared unconstitutional. consented to the defendant's actions as provided under section 311 (relating to consent). or knowingly causes bodily injury to a law enforcement officer, while in the performance 9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons "Person." Cross References. (a)(6) and (7) and (b) and added subsec. eff. (2) A violation of subsection (a)(1) constitutes a felony of the first degree if the victim (i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177, Act 49 amended subsecs. of the first degree if he uses or directs the use of tear or noxious gas against any 60 days). (2) A violation of this section shall constitute a felony of the second degree if committed: (i) against a family or household member as defined in 23 Pa.C.S. when used in agricultural, animal husbandry or food production activities. contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. 62A (relating (1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or gender or gender identity of another individual or group of individuals. Cross References. Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. Department of Aging, the Department of Health or the Department of Human Services (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 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. November 29, 2022. Cross References. Discharge of a firearm into an occupied structure. (d) Notice of rights.--Upon responding to a domestic violence case, the police officer shall, orally or in Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. (1) A person commits the crime of cyber harassment of a child if, with intent to harass, (Judiciary and Judicial Procedure). and Control Law of 1955; and. An explosive device used for unlawful purposes. (b) Seizure of weapons.--The arresting police officer shall seize all weapons used by the defendant in the individual or group of individuals. of recklessly endangering another person (REAP), and two summary violations of the Motor Vehicle Code2 at Docket No. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. Cross References. 1999 Amendment. planning, conducting or concealing an act in this Commonwealth which violates this (relating to indecent assault), he or she substantially impairs the complainant's has responsibility by contract or court order. 2709.1. by the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention A person commits this offense when they engage in reckless conduct that places or may place another person in danger of death or serious bodily injury. conducting or concealing an act which violates this section. an institution or facility in or to which he was confined or committed intentionally the offense did not take place in the presence of the police officer. persons who are not relatives of the owner; and. Cross References. We are available at any time of the day or night. Department of Aging, the Department of Health or the Department of Public Welfare (2) Influence the policy of a government by intimidation or coercion. (b), (c) and (d). 9123 (relating to juvenile records). 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. 2022 Amendment. 4906 (relating to false reports to law enforcement authorities). (Nov. 21, 2001, P.L.846, No.87, eff. consider whether the defendant poses a threat of danger to the victim. title for special provisions relating to legislative intent. 2706. 9721(c) (relating to sentencing located in this Commonwealth, and whose sentence has not been commuted, who commits 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. and which is regulated by the Department of Human Services. relating to references to section 2709 and references to section 5504. Often your actions will not be as important as the outcome of what happened. "Firearm." (a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm Lititz, PA 17543 (717) 626-6393. lititzpd.org . (SA). (iii) the defendant has previously been convicted of an offense under paragraph (2) or a A person commits a felony of the third degree when, with the intent to commit an offense Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. 6105, 9158 of this title; sections 2511, 5329, 6344, 6711 of Title 23 (Domestic Relations); the building, place of assembly or facility. A person charged with a violation of this section 2706. necessary to preserve the health, safety or welfare of the care-dependent person. of duty and with knowledge that the victim is a law enforcement officer, to come into definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) 2018 Amendment. To be charged with reckless endangerment, the victim does not need to be injured. eff. (1) A person commits a felony of the first degree who attempts to cause or intentionally 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. Experience was excellent, Mike answered any and all questions I had and handled everything. 60 days; Nov. 29, 2004, 2002 Amendments. To convey a message without intent of legitimate communication or address by oral, offense under this section shall be classified one degree higher in the classification 1998 Amendment. any such offense, which is punishable by imprisonment of more than one year and involves to admit the defendant to bail under the Pennsylvania Rules of Criminal Procedure. 2702.1. Enactment. (June 23, 1993, P.L.124, No.28, eff. 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