Period+1+-+ASSAULT

=PA Law | Assault=

Statutes

 * 2701 Simple Assault**


 * Summary:** a person is guilty of assault if he or she attempts to cause or causes intentionally, knowingly, or recklessly physical trauma or body damage to another, negligently causes physical trauma with a deadly weapon, puts another in fear or attempts to put another in fear of bodily damage through physical menace, or conceals or attempts to conceal a hypodermic needle to penetrate an officer of the law, or an employee of the jail, correctional facility, or mental hospital, intentionally or knowingly.


 * Grading:** Misdemeanor of the second degree, unless it is a fight with consent on both sides, making it a misdemeanor of the third degree, or against a child under the age of 12 by an adult over the age of 21, making it a misdemeanor of the first degree.


 * Punishment:** Punishment for a misdemeanor of the second degree is a $5,000 fine and no more than two years in prison. Punishment for a misdemeanor of the third degree is a $2,500 fine and no more than one year in prison. Punishment for a misdemeanor of the first degree is a $10,000 fine and no more than five years in prison.

**2702 Aggravated Assault**

 * Summary:** a person is guilty of aggravated assault if he or she intentionally, knowingly, or recklessly causes serious physical trauma or body damage to another individual, to any officers, agents, or employees of an agency or public transportation company while on duty. A person is also guilty of aggravated assault if he or she attempts to or does cause physical trauma or bodily harm to an individual with a deadly weapon, intentionally or knowingly causes bodily harm or physical trauma to a member of the school board, an employee of the teaching staff, or a student employee of any publicly-funded school or private school funded by the Department of Education, attempts to menace physically any officers, agents, or employees that are doing their duties, putting them in fear of bodily injury or physical trauma, or uses tear gas or any device used to incapacitate any officer or employee.


 * Grading:** A felony of the first degree or a felony of the second degree, depending on the case.


 * Punishment:** Punishment for a felony of the first degree is a fine of $25,000 and no more than twenty years in prison. Punishment for a felony of the second degree is a fine of $25,000 and no more than ten years in prison.

**2705 Recklessly Endangering Another Person**

 * Summary:** a person is guilty of recklessly endangering another person if he or she engages in reckless conduct that places another individual in danger of death or serious bodily harm.


 * Grading:** Misdemeanor of the second degree.


 * Punishment:** Punishment for a misdemeanor of the second degree is a fine of $5,000 and no more than two years in prison.


 * 2706 Terroristic Threats**


 * Summary:** a person is guilty of terroristic threats if he or she states in some way, either indirectly or directly, a threat to commit a violent crime with the intentions of terrorizing another, cause the evacuation of any public building, place of assembly or public transportation vehicle, or cause an inconvenience for the public with disregard to the risk of creating such terror or inconvenience.


 * Grading:** Misdemeanor of the first degree, unless the threat causes a change or diversion in normal operations of any place, in which the grading would be a felony of the third degree.


 * Punishment:** A misdemeanor of the first degree is punished with a $10,000 fine and no more than five years in prison. A felony of the third degree is punished with a $15,000 fine and no more than 7 years in prison.


 * 2707 Propulsion of missiles into an occupied vehicle or onto a roadway**


 * Summary:** a person is guilty of this crime if he or she throws, shoots, or propels any deadly or dangerous missile, such as a rock, stone, brick, piece of iron, or steel, into an occupied vehicle intentionally.


 * Grading:** Misdemeanor of the first degree.


 * Punishment:** A misdemeanor of the first degree is punished by a fine of $10,000 and no more than five years in prison.


 * 2708 Use of tear or noxious gas in labor disputes**


 * Summary:** a person is guilty of this crime if he or she uses tear gas against another person involved in a labor dispute.


 * Grading:** Misdemeanor of the first degree.


 * Punishment:** A misdemeanor of the first degree is punished by a fine of $10,000 and no more than five years in prison.


 * 2709 Harrasment**


 * Summary:** a person is guilty of harassment if he or she intentionally comes into physical contact or attempts or threatens to come into physical contact with another person, follows another person outside of a public facility, repeatedly engages in actions that are not purposeful, says or displays any threatening words or pictures about another person, anonymously communicates with another person repeatedly, or communicates with another person at an inconvenient time repeatedly.


 * Grading:** Depending on the severity of the crime, it is either a summary offense or a misdemeanor of the third degree.


 * Punishment:** A summary offense is punished by a $300 fine and no more than 90 days in prison. A misdemeanor of the third degree is punished by a $2,500 fine and no more than one year in prison.


 * 2710 Ethnic Intimidation**


 * Summary:** a person is guilty of ethnic intimidation if he or she commits an act motivated by hatred towards any ethnicity defined, including race, color, religion, national origin, ancestry, mental or physical disability, sexual orientation, or gender identity of an individual or group of individuals.


 * Grading:** Misdemeanor of the third degree if the other offense is a summary offense. Otherwise will be classified as one degree higher.


 * Punishment:** A misdemeanor of the third degree is punished by a $2,500 fine and no more than one year in prison.


 * 2713 Neglect of Care-Dependent Person**


 * Summary:** a care-taker is guilty of this crime if he or she causes bodily injury, intentionally, knowingly, or recklessly, by failing to give treatment, care, goods and services, or safety and welfare for a care-dependent individual they are responsible for. He or she is also guilty of this crime if they restrain a care-dependent person through use of force, physical restraints, or chemicals and medicine.


 * Grading:** Depending on the severity of the crime, this can be classified as a misdemeanor of the first degree if victim suffers bodily injury or a felony of the first degree if the bodily injury on the victim is serious.


 * Punishment:** A misdemeanor of the first degree is punished by a fine of $10,000 and no more than five years in prison. A felony of the first degree is punished by a fine of $25,000 and no more than twenty years in prison.

(Typed by Kay)

Hot Questions | Assault

 * 1) From statute to statute, serious bodily injury is often the deciding factor in making a punishment for assault more severe. How does one determine the difference between bodily injury and serious bodily injury, and in which statutes is this relevant?**


 * 2) A major factor that helps determine whether an assault is simple or aggravated is the use of a deadly weapon. How does one define a deadly weapon, and can this definition change from case to case?**


 * (Typed by Kay)**

A 31-year-old Harrisburg man has been charged with aggravated assault after beating up another man on the 800 block of Green Street in Harrisburg. Officers say Marvin Palmer, IV was questioned at the scene and told police he beat up the man because he had followed his girlfriend out of a nearby bar. Palmer then left the scene. Police later contacted Palmer and told him to turn himself in to face the assault charge. WGAL 8
 * Local Example:**

(typed by Brandon)
 * Scenario:** Billy and his friends are bored one Friday night and decide to shoot off some fireworks in his neighborhood. After a while they start to get bored with that until they see a car start to come down the road. Nate suggest they should shoot a rocket into the car and everyone agrees. When the car goes by they shoot the fireworks at the car causing the car to swerve but it then gained control and kept driving. What kind of assault is this?


 * Scenarios:**


 * 1)** A woman who works at a nursing home, takes one of the patients, who is confined to a wheel chair, into her room. In an attempt to help get the patient into the bed, seeing as it's time for them to sleep, she tells the patient to wrap her arms around her neck, and push up with her legs, as she supports her back. The patient suddenly goes limp. Frustrated, the woman pushes the patient forward and lets her fall, face down, on to the bed. She then proceeds to handle her roughly, and grasps her arms tightly, leaving bruises. While she does this, she curses at the patient. When she has the patient set up in bed, she leaves the room without giving the patient her medication. What form assault is this?

2) A man who works at a grocery store, notices that a woman always comes in on a Sunday afternoon to stock up on the weeks supplies. Becoming increasingly curious, he watches her get into her car. The next week, on Sunday, he switches registers with a co-worker and proceeds to flirt with the woman, while checking out her items. After he is finished, he follows her to her car and continues to attempt to make conversation. He continues to do this throughout the following weeks, and even goes as far as to leave her notes inside of her grocery bags. The woman complains to the store manager after receiving a note that said, "You looked wonderful last night." The woman tells the manager that she does not even know the name of the man that is doing this to her, and that she is afraid. What form of assault is this?