Recklessly Endangering Another Person (REAP) Charges in Pennsylvania

Recklessly endangering another person (REAP) is a second-degree misdemeanor in Pennsylvania. According to state law, the crime involves recklessly doing something that could, or does, put another person at risk of being seriously injured or killed.

Reckless endangerment is often added to other criminal charges, which makes complex situations even worse. You need an experienced Pittsburgh criminal defense attorney to help you avoid the harsh consequences of a conviction. Learn more about Pennsylvania REAP charges, their penalties, and how a defense lawyer can help.

Pennsylvania REAP Charges

Title 18, Section 2705 of the Pennsylvania Consolidated Statutes defines reckless endangerment as “recklessly engaging in conduct which places or may place another person in danger of death or serious bodily injury.”

“Reckless” in this context means ignoring the dangers of an action before doing it, ultimately behaving much more carelessly than the average person would under the same circumstances (18 Pa.C.S. § 302).

“Serious bodily injury” refers to an injury that is either life-threatening or that causes serious and long-lasting disfigurement, loss, or impairment to a body part (18 Pa. Stat. § 2602).

REAP charges suggest that you were (or reasonably should have been) aware that your actions carried significant risks, yet you acted anyway. As a result of that misconduct, someone else was (or reasonably could have been) seriously injured or killed, even if you didn’t intend to cause harm.

Common Situations That Lead to REAP Charges in Pittsburgh

Most reckless endangerment cases in Pittsburgh grow out of a handful of situations, and REAP is rarely the only charge. It is usually filed alongside an assault or domestic violence charge, a DUI, or a firearms offense. These come up most often:

Firing a gun into the air. Celebratory gunfire on New Year’s Eve or after a big game is routinely charged as REAP. No one has to be hit. A round fired upward comes down somewhere, and that risk is the basis of the charge.

Leaving a child in a hot car. A parent who runs into a store and leaves a young child in a parked car on a hot day can be charged with REAP, often together with endangering the welfare of a child.

Road rage or street racing. Swerving at another car, brake-checking, or racing on the Parkway puts everyone nearby at risk, and officers often add REAP to the traffic charges. If a road rage confrontation turns physical, a simple assault charge can follow.

A DUI crash with passengers. When an impaired driver crashes with other people in the car, prosecutors often add a REAP count for each passenger on top of the DUI charge. The passengers do not have to be injured.

Unsafe handling of a firearm. Pointing a loaded gun at someone as a joke, handling a gun while drunk, or leaving a loaded pistol where a child can reach it can all lead to REAP charges. If the gun was carried without a license or by someone barred from owning one, firearms charges usually follow.

Other conduct that has led to REAP charges in Pennsylvania includes:

• Failing to disclose a positive HIV status to a sexual partner
• Allowing a child to play with hazardous objects or substances
• Leaving a young child unsupervised
• Mishandling fireworks or other explosives
• Not securing a dangerous pet properly
• Ignoring safety protocols on a job site
• Throwing rocks, glass, or other objects at passing vehicles

These and other behaviors do not need to cause actual harm to be a REAP offense. Even if your actions could’ve caused someone else’s death or serious injury, you could be charged with reckless endangerment of another person.

What Are the Penalties for Reckless Endangerment in PA?

In Pennsylvania, recklessly endangering another person is a misdemeanor of the second degree. The maximum penalties are:

• Up to two years in jail
• Up to $5,000 in fines

In addition, you may be required to pay restitution to anyone who sustained personal injuries due to your misconduct (18 Pa.C.S. § 1106).

Other Consequences of a REAP Conviction

A reckless endangerment conviction can follow you for the rest of your life. You may continue to face collateral consequences due to your criminal record, like limited job opportunities, changes in your citizenship or immigration status, the loss of your professional license, social stigmatization, and more. It is imperative that you hire a defense attorney to help you minimize the impacts of your charges.

Defending Against Reckless Endangerment Charges

If you’ve been arrested for reckless endangerment of another person, you should obtain experienced legal counsel as soon as possible. A defense attorney can protect your rights throughout the Pennsylvania criminal process, from initial investigation to trial, and help you build the strongest defense possible to fight your charges.

Recklessly endangering another person is often stacked on top of other criminal charges. If you’re facing multiple charges, your situation becomes even more pressing. You will need a lawyer who will remain focused on your case and have the skill to craft an approach that considers both the big picture of your situation and every minor detail that may be at play.

To prove you committed REAP, the prosecutor must prove the following elements:

• Your actions were reckless;
• Those actions placed another person in danger;
• The danger was significant enough that serious bodily injury or death could occur.

If the prosecutor cannot back up these elements, the judge may dismiss your REAP case entirely due to a lack of evidence. Even if there is sufficient evidence against you, the prosecution must still prove your reckless endangerment charges beyond reasonable doubt. This means they need to fully convince the jury that you committed the crime, so if the jury has any uncertainty, their verdict should be not guilty.

Common defenses against reckless endangerment charges include:

• Your actions did not place someone else in danger of serious physical injury or death
• Any injuries caused do not constitute “serious bodily injury”
• You were wrongfully accused
• Your actions were accidental
• You were acting out of self-defense
• There is a lack of evidence against you

Even if the circumstances of your case seem grim, your attorney can negotiate with the prosecutor about reducing your charges to a lesser offense and the lowest sentence possible. That way, you can get back to your life sooner.

Frequently Asked Questions About REAP Charges in Pennsylvania

What do prosecutors need to prove in a REAP case?

The prosecution must prove three elements beyond a reasonable doubt: that you acted recklessly, that your conduct placed another person in danger, and that the danger was serious enough that death or serious bodily injury could have resulted. It does not need to prove that anyone was actually hurt. If any one element is missing, the charge should not hold up, and we test each one at the preliminary hearing.

What can a defense lawyer do to help me?

Our attorneys start with the police reports, witness statements, and any video to test whether your conduct was actually reckless and whether anyone was truly placed in danger. Depending on the facts, we may argue that the risk never rose to the level the statute requires, that any injury falls short of serious bodily injury, that you acted in self-defense, or that the accusation is false. When the evidence does not support a dismissal, we negotiate with the Allegheny County District Attorney’s office for a reduced charge or a lighter sentence.

Is REAP a felony in Pennsylvania?

No. Recklessly endangering another person is a misdemeanor of the second degree under 18 Pa.C.S. § 2705, with a maximum of two years in jail and a $5,000 fine. It is still a criminal conviction that stays on your record, and prosecutors often file it alongside felony counts such as aggravated assault.

Can REAP charges be dropped?

Yes, in some cases. REAP is usually an add-on count, so when the main charge weakens or the evidence of real danger is thin, the district attorney may withdraw the REAP count, or a magisterial district judge may dismiss it at the preliminary hearing if the evidence falls short. Where an outright dismissal is not realistic, a reduction to a lesser charge or a negotiated resolution on the remaining counts may still be possible. The outcome turns on the facts, the witnesses, and your record; no lawyer can promise a result.

Does a REAP conviction show up on a background check?

Yes. A REAP conviction is a misdemeanor on your Pennsylvania criminal record, and it will appear on employment, housing, and professional licensing background checks. If the charge is withdrawn or dismissed, the arrest record can usually be expunged, and Pennsylvania’s Clean Slate law can seal some misdemeanor convictions after a waiting period with no new convictions. Our guide to sealing or expunging a record in Pittsburgh covers the options.

Pennsylvania Criminal Defense Attorney Review

Here is what Satdarshan had to say about working with us:

“Approachable, intelligent, efficient, and professional. Grateful to have them on my side.”