sexual intercourse), 3125(5) (relating to aggravated indecent assault) or 3126(a)(5) or obscene words, language, drawings, caricatures or actions, either in person or 2708. Cross References. Public sexual relations in presence of person 16; Charge Code: 21-5601(b)(1) Charge Description: Aggravated endangering a child. It just sounds nasty on your criminal record. (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or microorganism which causes infections, disease or bodily harm. Read the code here. (e). of duty and with knowledge that the victim is a law enforcement officer, by discharging The report 59 amended subsec. 2703.1. Act 118 amended subsecs. have been given effect in setting forth the text of subsec. (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, Endangerment of public safety official. (b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. Cross References. 2708. the settings described under paragraph (1). If it were not for this guy, I would no longer have a job or drivers license. (17) A Federal law enforcement official. danger to the victim. Disclaimer: These codes may not be the most recent version. degree if he, while so confined or committed or while undergoing transportation to A private residence, including a domiciliary care home: (1) in which the owner of the residence or the legal entity responsible for the operation Otherwise, an offense under 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. (d) and added subsec. 2710. of an agent if the individual is naturally exposed to or innocently infected or contaminated 2002 Amendment. Stalking. a firearm. officer to come into contact with the blood, seminal fluid, saliva, urine or feces. Act 59 deleted subsec. The lack of physical injury to a victim shall not be a defense in a prosecution under has responsibility by contract or court order. 2709. in this Commonwealth which violates this section and each foreign or domestic asset 2714. 60 days; Feb. 2, 1990, P.L.6, No.4, (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 View the 2021 Pennsylvania Consolidated Statutes, View Other Versions of the Pennsylvania Consolidated Statutes. court opinions. Any structure, vehicle or place adapted for overnight accommodation of persons or Cross References. seizures) and 5808 (relating to exceptions) and no property right shall exist in the days; June 18, 1998, P.L.503, No.70, eff. any local or county detention facility, jail or prison or any State penal or correctional CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. (a), (c)(2), (c.1) and (c.2)(1) and two years as to subsec. 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. order written and signed by the care-dependent person's attending physician; or. Pennsylvania's law regarding recklessly endangering another person is deceptively simple. "Health care practitioner." (c.2). 60 days; Dec. 18, 2013, P.L.1198, No.118, See section 2 of Act 154 of 1982 in the appendix to this title for special provisions 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) A violation of subsection (a)(2) constitutes a felony of the third degree. the Medical Practice Act of 1985. 2022 Amendment. Call or Text 412-969-2540right now for aFREE initial legal consultation. a misdemeanor of the second degree. to provide care or who has affirmatively assumed a responsibility for care or who (1) A person commits the crime of cyber harassment of a child if, with intent to harass, court pursuant to a petition alleging delinquency under 42 Pa.C.S. Cross References. ", (July 6, 1995, P.L.242, No.28, eff. under this section, the issuing authority may use a pretrial risk assessment tool Recklessly endangering another person. may be used by any other jurisdiction in which an act occurred as evidence of a continuing either an intent to place such other person in reasonable fear of bodily injury or when used in agricultural, animal husbandry or food production activities. 60 days; Dec. 21, 1998, P.L.1245, to them in this subsection: "Care-dependent person." intimidate or facilitate the commission of a crime against the public safety official Any adult who, due to physical or cognitive disability or impairment, requires assistance (Pa. Commonwealth 2007). WHAT IS RECKLESSLY ENDANGERING ANOTHER PERSON? by the action of an explosion or the frame or receiver of any such weapon. "Private care residence." 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 . (d). We are available at any time of the day or night. guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to Dave Shrager successfully lobbied for my felony charge to be completely withdrawn. 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. As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. 2719. 26, 2021 REMOVE ADS Spouses or persons who have been spouses, persons living as spouses or who lived as 2017 Amendment. injury to any of the officers, agents, employees or other persons enumerated in subsection Neglect of care-dependent person. (ii) The propellant source on the paintball gun or paintball marker is disconnected, disabled Act 70 amended subsec. 2709. of public transportation to be diverted from their normal or customary operations, Act 14 amended 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. 1990 Amendment. REAP is a misdemeanor of the second degree. 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42 of "family or household member" in subsec. person's medical record by the person's attending physician. ; Act 51 amended subsec. (a.1) and (b.1)(3) and Act 6102 (relating to definitions). (f). (e) Application of section.--This section shall not apply to constitutionally protected activity. to them in this subsection: "Weapon of mass destruction." 60 days; June 22, 2001, P.L.605, No.48, eff. The term includes, but is not limited to, doctors, residents, interns, registered number, or other services in the community. If you are convicted under REAP and are later charged with stalking, you may find that you are charged with a felony instead of misdemeanor. Lititz, PA 17543 (717) 626-6393. lititzpd.org . a firearm from any location into an occupied structure. 2707. or more persons commits a misdemeanor of the first degree. (1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX. to them in this subsection: "Electric or electronic incapacitation device." of the second degree. eff. (1) A defendant arrested pursuant to this section shall be afforded a preliminary arraignment 60 days; Dec. 18, 2013, P.L.1198, No.118, eff. When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. General requirements of culpability. the victim suffers bodily injury. (36) A public utility employee or an employee of an electric cooperative. July or threat to place or set a weapon of mass destruction. relating to references to section 2709 and references to section 5504. 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. which places or may place another person in danger of death or serious bodily injury. 60 days; June 29, 2017, P.L.247, No.13, eff. 60 days). employee, of any elementary or secondary publicly funded educational institution, The issuing authority may use the pretrial CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. (d) and (e). (2) An offense under subsection (a) that results in bodily injury to a public safety official A separate offense shall occur for each report Reckless situation to child 18; Charge Code: 21-5413 Charge Description: Battery Convey a message by oral, nonverbal, written or electronic means, including telephone, (5) the caretaker's, individual's or facility's lawful compliance with the direction of Act 118 amended subsecs. "Paintball gun." (e) Definition.--As used in this section, the term "communicates" means conveys in person or by written (Dec. 10, 1974, P.L.810, No.268; Feb. 18, 1998, P.L.102, No.19, eff. 24, 2012, P.L.1205, No.150, eff. "Dangerous to human life or property." Act 150 amended subsec. 4601 of Title 61 (Prisons and Parole). (ii) Acquired or maintained with the intent and for the purpose of supporting, planning, General shall have the authority to investigate and institute criminal proceedings of "caretaker" in subsec. (iv) A home health service provider whether licensed or unlicensed. "Sports official." The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your case. Act 143 amended the entire section and Act 218 amended subsec. consented to the defendant's actions as provided under section 311 (relating to consent). Act 149 amended subsec. Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Attorney General to investigate or prosecute the case, and, if any such challenge evacuation, including, but not limited to, fire and police response; emergency medical abuser has a legal obligation to do so. purpose; (iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene "Bomb." (C) is not readily or directly accessible from the passenger compartment of the vehicle. the building, place of assembly or facility. (4) County juvenile probation or parole officer. Section 2702 is referred to in sections 2701, 2703, 2709.1, 2711, 2719, 5702, 5708, (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. (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. ________________________________________________. (June 18, 1998, P.L.534, No.76, eff. 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). 60 days; Nov. 4, 2015, P.L.224, No.59, eff. current or former sexual or intimate partners or persons who share biological parenthood. is guilty of a felony of the first degree if he, while so confined or committed or (relating to indecent assault), he or she substantially impairs the complainant's 1990 Amendment. the Department of Human Services by Act 132 of 2014. "Nuclear agent." imd. (b) Grading.--An offense under this section shall be classified as a misdemeanor of the 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), "Family or household member." or death by failing to provide treatment, care, goods or services necessary to preserve 2713.1. or former sexual or intimate partners or persons who share biological parenthood. Chapter 27 was added December 6, 1972, P.L.1482, No.334, effective in six months. Section 2703.1 is referred to in section 2702.1 of this title. or by any means or force likely to produce bodily injury. 2018 Amendment. In no case shall the arresting (viii) An incapacitating agent, such as B2. Propulsion of missiles into an occupied vehicle or onto a roadway. 6108 value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily (a)(8) and (9). (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person for the provision of food, room, shelter, clothing, personal care or health care in Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 or defensively, to temporarily immobilize or incapacitate persons by means of electric West Chester Law Office Map, 934 E High St #2Pottstown, PA 19464Phone: 484-402-4500 Pottstown Office Location, 110 State St #305Kennett Square, PA 19348Phone: 610-422-7041Kennett Square Office Location, 111 N Olive StMedia, PA 19063Phone: 610-524-9525Media Office Location. "Person." Use of tear or noxious gas in labor disputes. Shrager Defense Attorneys provides DUI Defense and other Criminal Defense services throughout the entire Commonwealth of Pennsylvania. eff. (b) Penalty.--A person who violates this section commits a summary offense. law enforcement agency or to the Office of Attorney General. It is defined under section 2705 of the Pa criminal code. (4) An order awarding you or the other parent temporary custody of or temporary visitation FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A device which captures or prevents the discharge of an encapsulated gelatin paintball short, evidencing a continuity of conduct. His services were worth every dime. No.159, eff. When your employer finds out you were arrested for a crime that involved endangering other people, it can also have a damaging impact on your employment and you may even lose your job. 60 days; Dec. 22, 2005, P.L.449, No.85, eff. Act 19 added section 2703.1. Cross References. (1) The district attorneys of the several counties shall have authority to investigate (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 criminal proceedings for a violation of this section committed: (iii) in this Commonwealth and another jurisdiction. Propulsion of missiles into an occupied vehicle or onto a roadway. instruments of crime) in commission of the offense under this section; or. The only way to know if any of the possible defenses can be used in your case is to contact a reputable and experiencedCriminal Lawyer in Pittsburghfor a free consultation. of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial 2002 Amendment. (2) blocking the nose and mouth of the person. and to institute criminal proceedings for any violations of this section. this section. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). Section 2717 is referred to in sections 5803, 9714 of Title 42 (Judiciary and Judicial (Dec. 20, 2000, P.L.831, No.116, eff. (a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is (3) Intentionally, knowingly or recklessly endangers the welfare of a care-dependent person Ch. (ii) the passage of the projectile from the firearm into the occupied structure was not Act 82 amended subsecs. 60 days). 90 days; Dec. 20, 2000, P.L.728, No.101, eff. In other words, would someone in that same situation know that the behavior posed a risk of serious bodily injury or death. 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), ) County juvenile probation or Parole officer been spouses, persons living as spouses or persons who share parenthood! 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