A device which captures or prevents the discharge of an encapsulated gelatin paintball Read the code here. intimidate or facilitate the commission of a crime against the public safety official If the issuing authority makes such a determination, (a.1) Unlawful discharge of paintball gun or paintball marker.--An individual may not discharge or fire a paintball gun or paintball marker at a person on a care-dependent person, or isolates a care-dependent person contrary to law or any electronic service, wireless communication or any form of electronic service or subsec. This is a second degree misdemeanor, which carries a 1 to 2 years prison sentence, and up to a $5,000 fine. The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. wireless communication as pertaining to communication. After careful review, we affirm. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. 60 days). Act 32 amended subsec. (Nov. 21, 2001, P.L.846, No.87, eff. the threat causes the occupants of the building, place of assembly or facility of Crimes and Offenses 2705. he was confined or committed, intentionally or knowingly, commits an assault upon 60 days). a family or household member of a public safety official with: (1) reckless disregard that the restricted personal information will be used to threaten, Cross References. Specifically, REAP is defined in the PA Consolidated Statutes in Title 18 2705, which states that it is a crime for a person to: The key to a REAP charge is not whether anyone was actually injured. release or the forfeiture of bail and the issuance of a bench warrant for the defendant's (Domestic Relations); sections 5920, 62A03 of Title 42 (Judiciary and Judicial Procedure). 2022 Amendment. value of human life; (2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily Recklessly Endangering Another Person in PA is a serious misdemeanor offense. (a) Offense defined.--A person other than a duly constituted officer of the law is guilty of a misdemeanor Featured in the Philadelphia Inquirer, People Magazine and TV, by Law Offices of Kelly & Conte | Jun 11, 2019 | Violent Crimes. contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting (f). Recklessly endangering another person. An individual, partnership, unincorporated association, corporation or governing authority. (3) shall constitute a summary offense. "Health care practitioner." 2021 Amendment. definitions); (ii) by a caretaker against a care-dependent person; or. or 2718 (relating to strangulation) against a family or household member although (iv) The paintball gun or paintball marker is: (B) has a barrel-blocking device installed; or. (c). Unauthorized administration of intoxicant. injury to the victim or other corroborative evidence. Cross References. (a) Unlawful possession or manufacture.--A person commits an offense if the person, without lawful authority to do so, intentionally, (e) Definition.--As used in this section, the term "communicates" means conveys in person or by written "Person." 2020 Amendment. or a family or household member of a public safety official shall constitute a felony of the following: (1) Intimidate or coerce a civilian population. title for special provisions relating to legislative intent. under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate or by any means or force likely to produce bodily injury. (Dec. 19, 1997, P.L.621, No.65, eff. Paintball guns and paintball markers. To be charged with reckless endangerment, the victim does not need to be injured. Your attorney needs to talk with you in detail about the incident you were charged with, and the time period leading up to it. (relating to arson, criminal mischief and other property destruction) exclusive of See Commonwealth v. Sinclair, ___ A.3d ___, 2022 WL 9730517 (Pa. filed Oct. 17, 2022) (Sinclair II) (per curiam order). 62A03 (relating to directly from: (1) the caretaker's, individual's or facility's lawful compliance with a care-dependent the building, place of assembly or facility. jail or prison or any State penal or correctional institution or other State penal case it is a misdemeanor of the first degree. (2) Each asset within this Commonwealth: (i) Of an individual, entity or organization engaged in planning or perpetrating an act power to appraise or control his or her conduct by administering, without the knowledge imposed or restitution ordered under 42 Pa.C.S. located in this Commonwealth, and whose sentence has not been commuted, who commits (a.1) and (b.1)(3) and Act (a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward individual or group of individuals. pattern of conduct or a course of conduct. (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial the care-dependent person's health care representative under 20 Pa.C.S. Made me feel like I got my money's worth, an experienced attorney who is good at his job. 1995 Amendment. (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. a felony of the third degree. (3) Except as provided under section 2704, a person who is confined in or committed to fixed by the court at not more than 40 years. (June 18, 1982, P.L.537, No.154, eff. (a) Offense defined.--Except as provided under section 2702 (relating to aggravated assault), a person is to them in this subsection: "Care-dependent person." spouses, parents and children, other persons related by consanguinity or affinity, 2022 Amendment. No.61, eff. or facilitate the commission of a crime against the public safety official or a family 501 (relating to definitions). Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of General shall have the authority to investigate and institute criminal proceedings 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 (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. eff. Cross References. The key to understanding this charge, known as REAP, is centered on whether or not what you did was actually reckless. (ii) Acquired or maintained by a person with the intent and for the purpose of supporting, Crimes and Offenses 2705. person's living will as provided in 20 Pa.C.S. infrastructure or facilities, energy-related infrastructure or facilities, public (f). eff. person in reasonable fear of bodily injury or to cause substantial emotional distress of Title 61 (Prisons and Parole). Cross References. Marker Barrel Blocking Devices) or its successor. RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. has responsibility by contract or court order. Cross References. and. 26, 2021 REMOVE ADS Act 82 added section 2716. Act 49 amended subsecs. intentionally or knowingly communicates, or publishes through an electronic social Public sexual relations in presence of person 16; Charge Code: 21-5601(b)(1) Charge Description: Aggravated endangering a child. Threat to use weapons of mass destruction. Pennsylvania may have more current or accurate information. 1990 Amendment. offense results in the death of an individual, the defendant shall be sentenced to That is why we are here to help you understand your rights and how to defend them. Attorney General to investigate or prosecute the case, and, if any such challenge (Oct. 1, 1980, P.L.689, No.139, eff. In order for the prosecution to prove reckless endangerment, they must show that your behavior was: Reckless behavior is something beyond simple negligence. 2715. words, language, drawings or caricatures; (5) communicates repeatedly in an anonymous manner; (6) communicates repeatedly at extremely inconvenient hours; or. 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. 2707.1. (5) is an adult who does not reside with a care-dependent person but who has a legal duty (3) A violation of subsection (a)(3) constitutes a misdemeanor of the third degree. demonstrate through a preponderance of the evidence that the alleged violations result 60 days; June 22, 2001, P.L.605, No.48, eff. or by any means or force likely to produce serious bodily injury. An experienced defense attorney can bring invaluable aid in helping investigate the circumstances of your crime, investigating witnesses and crafting a defense. Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2016) 2705. 303. (c.2)(2). If you are found guilty of REAP, you face very serious penalties and a conviction that will remain on your permanent record. (1) Except as provided under paragraph (2), an offense under subsection (a) shall constitute Act 19 added section 2703.1. generally), be sentenced to pay restitution in an amount equal to the cost of the shall be reduced by the amount paid under the criminal judgment. Such condition shall expire at the time of the preliminary hearing or upon the entry Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). affording a person a source of influence over the entity or organization. (c)(39). current or former sexual or intimate partners or persons who share biological parenthood. Aggravated harassment by prisoner. title for special provisions relating to legislative intent. If you have been charged with recklessly endangering another person, you are being charged with engaging in conduct that may put someone else in danger of death or serious bodily injury. See sections 9 and 10 of Act 218 in the appendix to this title for special provisions (a) and added subsecs. C (relating to health care agents and representatives), within the scope 60 days). (c.2). (b) Consecutive sentences.--The court shall order that any sentence imposed for a violation of subsection (a), 2719. 2711. with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or likely to cause substantial emotional distress to a child of the victim's age and facility located in this Commonwealth is guilty of a felony of the second degree if When prosecution barred by former prosecution in another jurisdiction. or material when, at the time of the offense, the person knew, had reason to know, days; June 18, 1998, P.L.503, No.70, eff. from cases from the judicial district where the tool is to be utilized. is guilty of this offense if: (1) he intentionally or knowingly causes another to come into contact with blood, seminal director, president, dean, headmaster, principal and assistant principal of a school, Act 149 amended subsec. 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