The Crime of Recklessly Endangering Another Person

18 Pa.C.S. § 2705 is the statute for the crime, which 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.  

This is a statewide statute that also applies to Lehigh County. It is a second degree misdemeanor.   

The crime requires (1) a mens rea recklessness, (2) an actus reus some 'conduct,' (3) causation 'which places,' and (4) the achievement of a particular result 'danger,' to another person, of death  or serious bodily injury." Commonwealth v. Trowbridge, 261 Pa. Super. 109, 395 A.2d 1337, 1340 (1918).  What this means is the following,

• Mens Rea - The person had the intent or state of mind to be reckless
• Actus Reus - The person acted in some way recklessly
• Causation which places - The person's actions caused a person to feel 
• The achievement of danger of feeling of being placed in fear of death or serious bodily injury.  

A Lehigh County criminal lawyer knows that this is a charge that is frequently "overcharged".  Sometimes, it is added along with a simple assault.  First, the standard is fear of bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.  This is more than a mere "slap" or "fight".  Pointing a loaded gun and misfiring could be reckless (see Commonwealth v. Reynolds, 2003 PA Super 400) endangerment, but not a simple fight.