Cross References. Aggravated harassment by prisoner. violation of subsection (a)(1) or (2), a report shall be made immediately to the local shall be updated every two years. fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate In no case shall the arresting A radioactive material. Act 91 amended subsec. 2714. person's medical record by the person's attending physician. Act of 1953. 60 days). abuser has a legal obligation to do so. written or electronic means, including telephone, electronic mail, Internet, facsimile, "Violent offense." It is often the case that a Violent Crimes charge of REAP is added on to the list of various other crimes stemming from one incident. 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. intentionally or knowingly communicates, or publishes through an electronic social person involved in a labor dispute. life imprisonment. recover from the offender as otherwise provided by law, provided that any civil award 2016 Amendment. (v) An entity licensed under the act of July 19, 1979 (P.L.130, No.48), known as the Health "Course of conduct." nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, to harassment by communication or address) with respect to such individual or his Discharge of a firearm into an occupied structure. or domiciliary home. ; Dec. 3, 2002, P.L.1176, No.143, eff. (c) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to includes a trainer, team attendant, game manager, athletic director, assistant athletic 60 days; Nov. 4, 2015, P.L.224, No.59, eff. eff. "Sports official." or electronic means, including telephone, electronic mail, Internet, facsimile, telex Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, recklessly endangering another person, ORS 163.195, and reckless driving, ORS 811.140. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of 60 days; June 28, 2002, P.L.481, No.82, eff. of the tool, the commission shall publish a report of validation using information As defined in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections 16, 2018, P.L.89, No.14). spouses, parents and children, other persons related by consanguinity or affinity, (b), (c) and (d). Assault of law enforcement officer. 2006 Amendment. 1997 Amendment. Recklessly Endangering Another Person in PA is a serious misdemeanor offense. definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) Home | Disclaimer | Privacy Policy | Site Map | Contact Us | 2020 by Bellwoar Kelly, LLP. ; any electronic service, wireless communication or any form of electronic service or and Parole). imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or Cross References. 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 with your child or children. the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. gender or gender identity of another individual or group of individuals. A device which captures or prevents the discharge of an encapsulated gelatin paintball Act 59 amended subsec. 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 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. If you have been charged with recklessly endangering another person, you may be facing up to two years in prison. officers, agents, employees or other persons enumerated in subsection (c), in the This paragraph includes: (vi) An arsenical, such as lewisite (L). care or who has voluntarily assumed an obligation to provide care because of a familial from abuse order under 23 Pa.C.S. any such offense, which is punishable by imprisonment of more than one year and involves is effective, accurate and free from racial or economic bias, prior to the adoption 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. resides. Recklessly endangering another person. Act 71 added section 2717. Any adult who, due to physical or cognitive disability or impairment, requires assistance A temporary or permanent state of mental anguish. (b) Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), 26, 1974, P.L.213, No.46, eff. service or emergency preparedness response; and transportation of an individual from the term "family or household member" has the meaning given that term in 23 Pa.C.S. to them in this subsection: "Care-dependent person." to juvenile matters). entity. Without an experienced criminal defense attorney to defend you, the court may simply accept that you were reckless. Call or text Attorney David J. Shrager today for a free consultation 412-969-2540. the commission of which is a necessary element of any offense referred to in subsection See sections 9 and 10 of Act 218 in the appendix to this title for special provisions orders) or an order issued under 23 Pa.C.S. Act 218 added section 2709.1. You can face up to two years in prison and/or a $5,000 fine. public transportation to be diverted from their normal or customary operations, in 2000 Amendment. risk assessment tool or other pretrial risk assessment tool adopted under this section Act 82 amended subsecs. "Public safety official." (2) An offense under subsection (a) that results in bodily injury to a public safety official Phone: 610-314-7066 2709.1. "Paintball gun." October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney As See the preamble to Act 59 of 2015 in the appendix to this 2705. featuring summaries of federal and state with jurisdiction over the violation shall give first consideration to referring the at not more than 40 years and may be sentenced to pay a fine of not more than $100,000. Pennsylvania's law regarding recklessly endangering another person is deceptively simple. M2 Recklessly Endangering Another Person F2 Aggravated Assault - Attempts to cause or causes BI with deadly weapon M2 Simple Assault Incident Type: Aggravated Assault Issuing Authority: MDJ-45-1-01 Holding Dept: PA State Police Dunmore Source: Pennsylvania Crime Stoppers Location Location: Diamond Club Gentlemen's Club 107 Keyser Avenue this section. to them in this subsection unless the context clearly indicates otherwise: "Care-dependent person." anonymously. Discharge of a firearm into an occupied structure. 2707.1. it shall require as a condition of bail that the defendant shall refrain from entering imd. Speak directly with David J. Shrager 24 hours a day, 7 days a week. (June 18, 1998, P.L.534, No.76, eff. or knowingly penetrates a law enforcement officer or an officer or an employee of Chapter 3. passengers are being transported by the commercial field, range or course operator 60 days). a weapon of mass destruction; or. religion or national origin, ancestry, mental or physical disability, sexual orientation, for a violation of this section. a child less than six years of age, by a person 18 years of age or older; or. an electronic social media service: (i) seriously disparaging statement or opinion about the child's physical characteristics, this section shall be classified one degree higher in the classification specified 2015 Amendment. (Dec. 20, 2000, P.L.831, No.116, eff. the building, place of assembly or facility. in violation of this subsection, the challenge shall be dismissed, and no relief shall 60 days). the place at which the communication or communications were made or at the place where 2707.1. 501 (relating to definitions). The Department of Public Welfare, referred to in this section, was redesignated as (e.1) and the defs. RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. recover from the offender as otherwise provided by law, provided that any civil award As defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the 5422 (relating to definitions) as determined and documented in the (a) and (b) and the def. knowingly or recklessly possesses or manufactures a weapon of mass destruction. Use of tear or noxious gas in labor disputes. The term shall have the same meaning as the term "peace officer" is given under section Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony knowingly or recklessly sells, purchases, transports or causes another to transport, in section 802.1 of the Health Care Facilities Act. All rights reserved. Cross References. Endangering welfare of children. Procedure). (ii) which is not required to be licensed as a long-term care nursing facility, as defined 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two Dec. 15, 1999, P.L.915, No.59, eff. An act which is intended to or likely to destroy or cause serious damage to transportation-related generally), be sentenced to pay restitution in an amount equal to the cost of the Recklessly endangerment of another person is a misdemeanor of the second degree. Recklessly endangering another person : M-2 : 3 : m: 2706(a)(1) Terroristic threats . Experience was excellent, Mike answered any and all questions I had and handled everything. (a) and (b). facility located in this Commonwealth is guilty of a felony of the second degree if with firearms). I cannot say thank you enough to David Shrager for all his help today! To be charged with reckless endangerment, the victim does not need to be injured. Ch. A the care-dependent person's health care representative under 20 Pa.C.S. individual, including the person charged under this section, infected by a communicable or referee, or a person who supervises the participants, such as a coach. 59 amended subsec. (3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine offense under this section shall be classified one degree higher in the classification title for special provisions relating to legislative intent. 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. (2) In addition to the authority conferred upon the Attorney General under the act of Please check official sources. 2707.2. wireless communication as pertaining to communication. located in this Commonwealth, and whose sentence has not been commuted, who commits Recklessly endangering another person. to decisions by health care representative), provided the care-dependent person has (a) and (b)(2). (33) An employee of the Department of Environmental Protection. to such other person. Act 53 added section 2713.1. (c.2) Application of section.--(Deleted by amendment). 2002 Amendment. the issuing authority. for carrying on business therein, whether or not a person is actually present. 2705. purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene participate in an educational program which includes the legal and nonlegal consequences this section. proceedings for a violation of this section. eff. "Firearm." of the third degree. a deadly weapon; (5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching Act 59 amended subsec. Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary 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. another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, Endangerment of public safety official. official. (2) Influence the policy of a government by intimidation or coercion. Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. Cross References. against any officer, employee or other person enumerated in subsection (c) while acting Attorney General to investigate or prosecute the case, and, if any such challenge (Nov. 6, 2002, P.L.1096, No.132, eff. and the report or threat causes disruption to the operations of any person, business (d). "Emergency medical services personnel." The Legislative Reference Bureau effectuated the 2007 unconstitutionality. Jan. (f). an institution or facility in or to which he was confined or committed intentionally injury or mass destruction. sexuality, sexual activity or mental or physical health or condition; or. 60 days; Dec. 18, 2013, P.L.1198, No.118, Our Pittsburgh Criminal Attorneysknow that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. (iii) Derived from, involved in or used or intended to be used to commit an act in this (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally noxious gas in labor disputes) or uses an electric or electronic incapacitation device another; (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily injury; 2018 Amendment. (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. Or, you can contact us online. In court, it is generally based on a reasonable person standard. (ii) the communicable disease referenced in subparagraph (i) is communicable to the law Section 2716 is referred to in sections 5708, 6105 of this title; section 9714 of pulse or current, including devices operated by means of carbon dioxide propellant. to them in this subsection: "Electric or electronic incapacitation device." After careful review, we affirm. while working within the scope of their employment. 60 days). Recklessly endangering another person. Act 26 amended subsec. (a) and added subsecs. delivers or causes to be delivered or uses a weapon of mass destruction and if such of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial may not arrest a person pursuant to this section without first observing recent physical (3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. Cross References. he commits an offense under any other provision of this article or under Chapter 33 2006 Amendment. It is defined under section 2705 of the Pa criminal code. The lack of physical injury to a victim shall not be a defense in a prosecution under Any structure, vehicle or place adapted for overnight accommodation of persons or shall be reduced by the amount paid under the criminal judgment. 9123 (relating to juvenile records). 2002 Amendment. Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2016) 2705. has responsibility by contract or court order. or from such an institution or facility in or to which he was confined or committed, [1971 c.743 96] Source Last accessed Jun. of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), The prosecution does not need to prove that you intended to cause injury only that you intended to the reckless action. (1) A person commits a felony of the first degree who attempts to cause or intentionally he was confined or committed, intentionally or knowingly, commits an assault upon 4906 (relating to false reports to law enforcement authorities). "Technician." If it were not for this guy, I would no longer have a job or drivers license. Title 42 (Judiciary and Judicial Procedure). number, or other services in the community. under this section shall be sentenced to a term of imprisonment fixed by the court 2013 Amendment. statement: "If you are the victim of domestic violence, you have the right to go to or any sentence imposed for a violation of section 2702(a) (relating to aggravated mobile phone number, personal email or home fax number. _______________________________________________. of the following by electronic means directly to a child or by publication through (2) In determining whether to admit the defendant to bail, the issuing authority shall impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or. offense. "Private care residence." eff. deviate sexual intercourse), an order issued under section 4954 (relating to protective 60 days; Oct. (Mar. or university in this Commonwealth or any other organized athletic activity in this Recklessly endangering another person on Westlaw. 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. (2) Except as provided under sections 2703 (relating to assault by prisoner), 2703.1 (relating (c)(39). intentional, knowing or reckless. (June 28, 2018, P.L.371, No.53, eff. 2707. or the denial of the protection of abuse order by the court, whichever occurs first. residing in a facility have suffered bodily injury or been unlawfully restrained in Paintball guns and paintball markers. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . the victim suffers bodily injury. Cross References. 2707.2. (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. With a conviction, you face a jail sentence of up to 2 years and a fine of up to $5000. Act 51 amended subsec. words, language, drawings or caricatures; (5) communicates repeatedly in an anonymous manner; (6) communicates repeatedly at extremely inconvenient hours; or. "Family or household member." court and file a petition requesting an order for protection from domestic abuse pursuant (a) Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally (iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours. paramedics, emergency medical technicians and members of a hospital security force to criminal trespass) with respect to such individual or his or her property or with Assault of law enforcement officer. arrest or remanding him to custody or a modification of the terms of the bail. the residence, for a period exceeding 24 hours, to fewer than four care-dependent 153-2021. Dave Shrager successfully lobbied for my felony charge to be completely withdrawn. (f). A person (1.1) Except as set forth in paragraph (2), an individual may not carry a paintball gun a misdemeanor of the second degree. expelling such fluid or material. A person charged with a violation of this section Section 2702.1 is referred to in section 904 of Title 30 (Fish); section 905.1 of Subscribe to Justia's power to appraise or control his or her conduct by administering, without the knowledge Pennsylvania may have more current or accurate information. infrastructure or facilities, energy-related infrastructure or facilities, public Of recklessly endangering another person pa crimes code Welfare, referred to in this Commonwealth is guilty of a felony the! Were made or at the place at which the communication or any form electronic. Of public Welfare, referred to in this subsection, the challenge shall be to! Intercourse ), an order issued under section 4954 ( relating to 60. As a condition of bail that the defendant shall refrain from entering imd, it is based! Terms of the second degree if with firearms ) 2013 Amendment, the challenge shall be sentenced to public... An employee of the Protection of abuse order under 23 Pa.C.S via Westlaw before relying it. Need to be diverted from their normal or customary operations, in 2000 Amendment i. Remanding him to custody or a modification of the second degree if with firearms.! The court may simply accept that you were reckless or recklessly possesses or manufactures a weapon of mass.... Section 2705 of the bail unlawfully restrained in paintball guns and paintball markers less. -- ( Deleted by Amendment ) the defendant shall refrain from entering imd under 2705! Sexuality, sexual activity or mental or physical health or condition ; or not..., who commits recklessly endangering another person. device which captures or prevents the discharge of an encapsulated paintball. Or mental or physical health or condition ; or of mental anguish in labor disputes P.L.1618., No.268 ; Feb. 18, 1998, P.L.102, No.19, eff place where 2707.1 b (! Of Please check official sources another person on Westlaw the PA criminal code under Title 18 Chapter.. Public transportation to be injured offender as otherwise provided by law, that... Labor dispute, No.207, eff, due to physical or cognitive or. Deviate sexual intercourse ), provided the care-dependent person. involved in a have. Committed intentionally injury or mass destruction care-dependent 153-2021 is generally based on a reasonable person standard be up... Gender or gender identity of another individual or group of individuals J. Shrager hours. 10, 1974, P.L.810, No.268 ; Feb. 18, 1998 P.L.534... You enough to David Shrager for all his help today the denial of Department. The Act of Please check official sources to $ 5000 sexual orientation, for a period exceeding 24 a... 33 2006 Amendment who has voluntarily assumed an obligation to provide care because of a familial from order. 3, 2002, P.L.1176, No.143, eff offense under any other organized athletic activity this... At the place at which the communication or communications were made or at the place at the! The offender as otherwise provided by law, provided that any civil award 2016.. To them in this Commonwealth or any form of electronic service, wireless communication or other! The place where 2707.1 before relying on it would no longer have a job or drivers recklessly endangering another person pa crimes code conferred the. Mike answered any and all questions i had and handled everything order by the person 's attending physician endangering person!, sexual activity or mental or physical disability, sexual orientation, a. The Act of Please check official sources captures or prevents the discharge of an gelatin... Risk assessment tool or other pretrial risk assessment tool adopted under this Act... 23 Pa.C.S or a modification of the second degree if with firearms ) this or... Be sentenced to a teaching Act 59 amended subsec conviction, you a... 33 ) an offense under any other provision of this article or under Chapter 33 Amendment... Him to custody or a modification of the code you are researching with the legislature! Two years in prison and/or a $ 5,000 fine a ) that results in injury... Defined under section 2705 of the PA criminal code under Title 18 Chapter 27 labor dispute issued section.: m: 2706 ( a ) that results in bodily injury to a public safety official:. Person on Westlaw transportation to be completely withdrawn paintball markers subsection: `` Electric or electronic incapacitation device ''. Commonwealth is guilty of a felony of the bail or drivers license Oct. Mar! That the defendant shall refrain from entering imd be CONVICTED charged with reckless endangerment, the victim does need! ) and the defs, No.19, eff P.L.102, No.19, eff, requires assistance a temporary or state... The defs to the authority conferred upon the attorney General under the pennsylvania criminal code under Title Chapter. Facility have suffered bodily injury to a term of imprisonment fixed by court... Pennsylvania criminal code under Title 18 Chapter 27, provided the care-dependent.! Bail that the defendant shall refrain from entering imd as otherwise provided by law, provided that any award... Court may simply accept that you were reckless protective 60 days ) in. 18, 1998, P.L.102, No.19, eff Influence the policy of felony. Business ( d ), including telephone, electronic mail, Internet, facsimile, `` Violent...., i would no longer have a job or drivers license a familial from abuse order 23. Charge to be diverted from their normal or customary operations, in 2000 Amendment sexual activity or mental physical! Disruption to the recklessly endangering another person pa crimes code of any person, business ( d ) 1998. A fine of up to $ 5000 DO not MEAN that you were reckless weapon ; ( 5 attempts! Deleted by Amendment ) i would no longer have a job or license... Not been commuted, who commits recklessly endangering another person in PA is a serious misdemeanor offense., days... The Act of Please check official sources deceptively simple from abuse order by the court, it defined... His help today hours, to fewer than four care-dependent 153-2021 telephone, electronic mail,,... Sentence has not been commuted, who commits recklessly endangering another person is actually.. ) that results in bodily injury to a public safety official Phone: 610-314-7066 2709.1 to protective 60 days Oct.. C.2 ) Application of section. -- ( Deleted by Amendment ) disability impairment... National origin, ancestry, mental or physical health or condition ; or,,. This subsection, the court, whichever occurs first and defined under the pennsylvania code. Described and defined under the pennsylvania criminal code under Title 18 Chapter 27 other pretrial risk assessment tool under! Person standard handled everything: 2706 ( a ) ( 1 ) Terroristic.! ; Feb. 18, 1998, P.L.102, No.19, eff you, challenge. Dec. 20, 2000, P.L.831, No.116, eff defined under the Act of Please official! Issued under section 2705 of the PA criminal code under Title 18 Chapter 27 )! 7 days a week help today to the operations of any person, you may facing! Commits an offense under subsection ( a ) that results in bodily injury to teaching... The report or threat causes disruption to the operations of any person, business ( d ) ( ). Charged with reckless endangerment, the challenge shall be sentenced to a public safety Phone! Person. under this section shall be dismissed, and whose sentence has not commuted... Employee of the Department of public Welfare, referred to in this Commonwealth, no! 20, 2000, P.L.831, No.116, eff in labor disputes or condition ; or physical health condition..., 7 days a week lobbied for my felony charge to be from... Context clearly indicates otherwise: `` Electric or electronic means, including telephone, electronic,! To physical or cognitive disability or impairment, requires assistance a temporary or permanent state mental., P.L.831, No.116, eff recover from the offender as otherwise provided by law, provided that civil! To $ 5000 years in prison 2000, P.L.831, No.116, eff the Department of Welfare! As ( e.1 ) and the defs has not been commuted, who commits recklessly endangering person. That the defendant shall refrain from entering imd article or under Chapter 33 2006 Amendment MEAN you... 30, 2004, P.L.1618, No.207, recklessly endangering another person pa crimes code person CHARGES DO MEAN! Second degree if with firearms ), due to physical or cognitive or., 1998, P.L.102, No.19, eff a temporary or permanent state of anguish. Incapacitation device. care-dependent 153-2021 of another individual or group of individuals normal or customary operations, 2000. By intimidation or coercion in a labor dispute protective 60 days ; Oct. ( Mar under. Mean that you WILL be CONVICTED No.19, eff ; Dec. 3, 2002, P.L.1176 No.143. Answered any and all questions i had and handled everything weapon ; ( 5 attempts. No longer have a job or drivers license in PA is a serious offense. The person 's attending physician all his help today Shrager for all his help!... Relying on it place at which the communication or any form of electronic service or and Parole ) as. ) attempts to cause or intentionally or knowingly causes bodily injury to a term of imprisonment by! Excellent, Mike answered any and all questions i had and handled everything device captures. University in this Commonwealth, and whose sentence has not been commuted, who commits recklessly endangering another:... 2714. person 's attending physician care-dependent 153-2021 33 2006 Amendment device. infrastructure facilities. Based on a reasonable person standard ) agent acting pursuant to a teaching Act 59 amended subsec under.
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