PA_2010_1st_Assault

PA January 2010 Scenario
=Assault=

(a) Definition- A person is guilty of assault if: 1. Attempt to cause or intentionally, knowingly or recklessly causes bodily injury to another 2. Bodily injury to another with a deadly weapon 3. Attempt to physically harm another with fear of serious bodily injury 4. Concealing or attempt to conceal a hypodermic needle and intentionally penetrates a law enforcement officer, employee of a correctional institution, county jail or prison, detention facility, mental hospital during he course of arrest or search of the person

**(b) Grading**
1. Against a child of 12 years or under by an adult 21 years of age or older->First Degree Misdemeanor->$10,000 Fine 2. Simple Assault->Second Degree Misdemeanor->$5000 Fine 3. Committed in a fight or scuffle by mutual consent->Third Degree Misdemeanor->$2500 Fine

(a) Definition- A person is guilty of aggravated assault if: 1. Attempt to cause serious bodily injury to another or causes injury intentionally, knowingly, or recklessly with **extreme indifference to the value of human life** 2. Attempt to cause or **intentionally**, knowingly, or **recklessly** causes **serious bodily** **injury** to a public employee, grading is a first degree felony 3. Attempt to cause intentionally or knowingly cause **bodily injury** to a public employee while in the performance of duty, grading is a second degree felony 4. Attempt to cause or intentionally or knowingly cause bodily injury to another with a deadly weapon 5. Attempt to cause or intentionally or knowingly cause bodily injury to a teacher, school board member, student employee, any elementary or secondary publicly-funded educational institution, any elementary secondary private school, or elementary or secondary parochial school while in their employment with the school 6. Attempt of intention to inflict harm to a public employee 7. Use of tear or noxious gas, electric or electronic device against a public employee

1. Aggravated assault who cause injury extreme indifference to the value of human life or causes serious bodily injury-> First Degree Felony->$25,000 Fine 2. Aggravated assault who cause bodily injury, bodily injury with a deadly weapon, injury to an educational employee, public employee, or use of tear or noxious gas against a public employee-> Second Degree Felony->$25,000 Fine

(c) Public employees are but not limited to law enforcers, peace keeping officials, court officials, assistants to federal, state, or local law enforcement official, or government official

(d) Definition of "electric or electronic incapacitation device"- A device to temporarily immobilize or incapacitate persons by electric pulse or current.

(a) Definition- A person in a state, local or county detention facility, correctional institution in the commonwealth guilty of a felony of second degree who intentionally or knowingly commits an assault with a deadly weapon to produce serious bodily injury. A person is guilty if he intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine, throwing feces, expelling fluid infected with diseases such as HIV or Hepatitis B

(b) Consecutive Sentences- The court will impose additional sentences if a prisoner assaults a victim in a detention facility or correctional facility employee, the prisoner will serve consecutive sentences

A person who is in a detention or detention facility or jail, who intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine, or feces by throwing, tossing, spitting, or expelling fluid or material

A person who is sentenced to life or death, commits an aggravated assault with a deadly weapon to produce **serious bodily injury.** The prisoner is guilty if they intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine, or feces by throwing, tossing, spitting where the fluid is infected with diseases such as HIV or Hepatitis B

A person commits a 2nd degree misdemeanor when he recklessly engages in conduct which puts someone else in danger of death or serious injury.

(a) Definition- person commits the crime of terroristic threat if the person communications directly or indirectly a threat to: 1. Commit any crime of violence with intent to terrorize another 2. Cause of evacuation of a building, place of assembly or facility of public transportation or: 3. Cause serious public inconvenience with recklessness in regard to the risk of causing such terror

(b) Person convicted of this will in addition to their punishment has to pay the cost of the evacuation, possibly including fire and police response or medical service and transportation of persons from building.

(c) Preservation of private remedies- compensation given by offender to place affected by terroristic threat cannot prevent them from recovering from the offense by their own ways.

(d) An offense under subsection A is classified as a 1st degree misdemeanor unless it causes people to divert from their regular activities in which it is classified as a 3rd degree felony.

(e) Communications as used in this section is defined as: conveys in person or by written or electronic means

(a) Occupied vehicle- whoever intentionally throws a rock, brick, or piece of metal, or dangerous missile into a vehicle or instrument of public transportation that is occupied by 1 or more persons commits a second degree misdemeanor.

(b) Whoever propels a solid object onto or adjacent to a roadway or bypass commits a 2nd degree misdemeanor

(a) Offense is defined as a person who knowingly intentionally or recklessly discharges a firearm from any location into an ocupied structure

(b) An offense under this section is a felony of the third degree

(c) Defense: 1. If the person was discharging a firearm was a law enforcement officer engaged in his duties 2. The person was hunting in a lawful area the the shooting of the gun was not intentional knowing or reckless.

(d) Firearm- Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.Occupied structure- any structure vehicle or place adapted for overnight accommodations of persons or for carrying on business inside, whether the person is there or not.

(a) Unlawful carrying in vehicle 1. Except except as in paragraph 2, an individual may not carry a paintball gun or marker in a vehicle on a highway unless: (i) The paintball gun or marker is empty of encapsulated gelatin paintballs (ii) The propellant source on the gun is disconnected disabled or turned off (iii) The paintballs are stored in a separate and close container (iv) The paintball gun is: A) In a secure wrapper B) Has a barrel blocking device installed; or C) Is not readily or directly accessible from the passenger compartment of the vehicle

2) Paragraph 1.1 does not apply to a commercial paintball field, range or course where passengers are being transported by the commercial field, range or course operator to and from the designated player areas. (a) Unlawful firing of paintball gun- firing at someone who isn't participating in paintball activities (b) Penalty- person who violates this commits a summary offense (c) Definitions- "barrel blocking device"- a device which captures or prevents the discharge of an encapsulated gelatin paintball from being released from the device and meets specification standards."paintball gun"- a device designed and manufactured to propel, by gas or air, an encapsulated gelatin paintball

**Section 2708 Use of tear gas or noxious gas in labor disputes** (a) offense defined one other that a duly officer of the law is guilty of a misdemeanor of first degree murder if they act out the use of tear or or noxious gas towards any one involved in labor dispute. (b) Definition the term tear or noxious gas means any fluid

A) defined--- harassment is committed when a person commit the crime with the ideal of harassment, onnoy or alarm another person. 1) push shoves kick or subject the other person to physical contact or threaten to do the same. 2) following another person to another place or places3) act in a course of conduct or commits acts that serve no purpose 4) talk to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricature5) talks repeatedly in a anonymous manner6) talks repeatedly at extremely inconvenient hours
 * Section 2709 Harassment **

STALKING a) OFFENSE DEFINED.-- A person commits the crime of stalking when the person either: (1) act in a course of action or repeatedly commits the acts toward another person, following the person without the proper authority, which demonstrate either an intent to place such the other person in reasonable fear (2) acts in a course of conduct or repeatedly talk to another person under circumstances that show or communicate is either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.

(b) VENUE. (1) An offense committed under this section can be to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received. (2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an actoccurred as evidence of a continuing pattern of conduct or a course of conduct.

(c) GRADING (1) otherwise provided for in paragraph (2), a first offenseunder this section will constitute a misdemeanor first degree. (2) A second or subsequent offense under this section or a firstoffense under subsection (a) if the person has been previouslyconvicted of a crime of violence involving the same victim, family orhousehold member, including, but not limited to, a violation of section2701 (relating to simple assault), 2702 (relating to aggravatedassault), 2705 (relating to recklessly endangering another person),2901 (relating to kidnapping), 3121 (relating to rape) or 3123(relating to involuntary deviate sexual intercourse), an order issuedunder section 4954 (relating to protective orders) or an order issuedunder 23 Pa.C.S. 6108 (relating to relief) shall constitute a felonyof the third degree.

(d) FALSE REPORTS.-- A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).

(e) APPLICATION OF SECTION.-- This section shall not apply to conduct by a party to a labor dispute as defined in the act of June 2, 1937 (P.L. 1198, No. 308), known as the Labor Anti-Injunction Act, or to any constitutionally protected activity.

(f) DEFINITIONS.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Communicates." To convey a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. "Course of conduct." A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct. "Emotional distress." A temporary or permanent state of mental anguish. "Family or household member." Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood Ethnic Intimidation

(1) A person is guilty of ethnic intimidation if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following: (a) Causes physical contact with another person. (b) Damages, destroys, or defaces any real or personal property of another person. (c) Threatens, by word or act, to do an act described in subdivision (a) or (b), if there is reasonable cause to believe that an act described in subdivision (a) or (b) will occur.

(2) Ethnic intimidation is a felony punishable by imprisonment for not more than 2 years, or by a fine of not more than $5,000.00, or both.

(3) Regardless of the existence or outcome of any criminal prosecution, a person who suffers injury to his or her person or damage to his or her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offense to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief. A plaintiff who prevails in a civil action brought pursuant to this section may recover both of the following:

(a) Damages in the amount of 3 times the actual damages described in this subsection or $2,000.00, whichever is greater. probable cause arrests in domestic violence cases A. When the officer has probable cause to believe that the suspect has committed a felony; B. When the officer observes the commission of a felony, misdemeanor or summary offense; C. When the officer has probable cause to believe that the suspect has committed a domestic violence misdemeanor as specified in which authorizes warrant less arrest when the misdemeanor is involuntary manslaughter simple assault or recklessly endangering another person and the officer observes recent physical injury or other corroborative evidence, the victim is the spouse of the suspect or a person with whom the suspect resides or has formerly resided. The domestic violence misdemeanor need not have been committed in the officer’s presence. D. When the officer has probable cause to believe that the suspect has violated a valid Protection from Abuse Order. The violation need not have occurred in the officer’s presence, and no corroborative evidence is required to arrest for a violation of a Protection From Abuse Order.

(a) A person who violates simple assault, the victim is a sports official who was assaulted at a sports event or being assaulted as a result of his or her official acts a a sports official, is guilty of assault on a sports official. (b) Grading. Assault on a sports official is a misdemeanor of the first degree. (c) Definitions. "Sports event" any interscholastic athletic activity in a junior high school, high school, college or university or any other organized athletic activity including a professional or semiprofessional event. "Sports Official" A person at a sports event, for example an umpire or referee, or whom supervises the participants, such as a coach. the term also includes a trainer, team attendant, game manager, athletic director, assistant athletic director, president, dean, headmaster, principal and assistant principal of a school, college, or university.
 * Section 2712. Assault on Sports Official **

** Section 2713. Neglect of Care-Dependent Person ** (a) Is guilty of Neglect of a care-dependent person if: (1) Intentionally, knowingly or recklessly causes bodily injury or serious bodily injury by failing to provide treatment, care, goods or services necessary to insure the health, safety or welfare of a care-dependent person whom they are responsible for. (2) Intentionally or knowingly uses a physical restraint, chemical restraint or medication or isolates the care-dependent person so that bodily injury or serious bodily injury is a result.

(b) Penalty: (1) A violation of failing to provide treatment, care, goods or services necessary intentionally, knowingly or recklessly results as a misdemeanor of the first degree if the body suffers bodily injury. (2) A violation of failing to provide treatment, care, goods or services necessary intentionally, knowingly or recklessly results as a felony of the first degree if the victim sufferers serious bodily injury. (3) A violation of intentionally or knowingly using physical restraint, chemical restraint or medication results as a misdemeanor of the first degree if the victim suffers bodily injury. (4) A violation of intentionally or knowingly using physical restraint, chemical restraint or medication results as a felony of the first degree if the victim suffers serious bodily injury.

(c) Enforcement (1) District attorneys have the authority to investigate and institute criminal proceedings for any violations of the rules in the neglect of a care-dependent person. (2) In addition to the authority placed upon the attorney general the commonwealth attorneys act says when a person is charged with a violation to this section they are not able to challenge the authority of the attorney general to investigate or prosecute the case, if the challenge is made it is to be dismissed and no relief will be available in the courts to the person making the challenge.

(d) Treatment in agreement with care-dependent person's right to accept or refuse services. The caretaker, individual or faculty may offer a affirmative defense to charges filed towards the case if they can demonstrate through a preponderance of the evidence that the assumed violations result directly from: (1) The caretaker's individual's or faculty's lawful compliance with a care-dependent person's advance directive for health care. (2) The caretaker's, individual's or faculty's lawful compliance with their care-dependent's written, signed and witnessed instructions when the care-dependent person is knowledgeable about the treatment they wish to receive;

(3) The caretaker's, individual's or faculty's lawful obedience with the direction with the care-dependent person's attorney-in-fact acting pursuant to a lawful durable power of attorney

(4) The caretaker's, individuals, of faculty's lawful obedience with an order written and signed by a physician not to revive from a comma or death. (f) Definitions - "care-dependent person" any adult who can not meet their essential needs such as food, shelter, personal care, and health care due to physical or cognitive disable or impairment. "caretaker" any person who: (1) Someone who works in nursing home, personal care home, community residential home, intermediate health care facility for mentally ill, adult daily living center, home health agency or home health service provider. (2) Provides care to someone in one of the previous stated places. (3) Has the obligation to care for someone in the the previous stated locations. "person" a natural person, corporation, partnership, or other business entity.

A person commits a felony of the third degree with the intent to commit an offense relating to rape, relating to involuntary deviate sexual intercourse, aggravated indecent assault, and indecent assault, when he or she impairs a person's control his or her conduct by giving them drugs or other intoxicants.
 * Section 2714. Unauthorized Administration of Intoxication **

(a) A person who intentionally (1) Reports without actual knowledge the existence or potential of a weapon of mass destruction (2) Threats of any kind related to weapons of mass destruction is an offense
 * Section 2715. Threat to use weapons of mass destruction **

(b) Penalty: (1) Misdemeanor of the first degree (2) If the threat or report disturbs a normal or customary operations felony of third degree (3) A felony of the second degree if the threat or report happens in the state of emergency causing disruption to the operations of any person, business or governmental agency where the weapon of mass destruction is placed or set

(c) Emergency response costs - a person who is convicted under this section along with any ot h er sentencing will be sentenced to pay restitution equal to the cost that took place during the evacuation, including any medical and emergency response teams.

(d) Definitions - "Biological agent" a natural or genetically engineered pathogen, toxin, virus, bacteria, fungus or microorganism which causes infection, disease or bodily harm. "bomb" an explosive device used for unlawful purpose. "chemical agent" (1) A nerve agent (2) A choking agent (3) A blood agent (4) A blister agent (5) Any other chemical element or compound which causes death or bodily harm. "nuclear agent" radioactive material "weapon of mass destruction' a bomb, biological agent, chemical agent, or nuclear agent.

(a) A person knowingly, intentionally or recklessly without lawful permission possesses or manufactures a weapon of mass destruction.
 * Section 2716. Weapons of Mass Destruction **

(b) A person without lawful authority who purposely sells, purchases, or causes another to transport, delivers or is delivered and or uses a weapon of mass destruction as well as causes: (1) Illness or injury to others (2) Damage or disruption of food, water and other natural resources, including parks, waterways and wildlife (3) Evacuation of people from place or an area of public transportation

(c) Grading: (1) First offense of possession or manufacturing is a felony of the second degree. Repeated offense is a felony of first degree. (2) Offense of sales, transportation and/or use of the weapon of mass destruction if a felony of the first degree. If death is involved in the offense the person is sentenced to life in prison. Also causing damage and/or disruption and the evacuation of people is a felony of the first degree.

(d) Restitution - any person convicted for weapons of mass destruction must also along with sentence pay money for any damage and the evacuation equal to the cost for all the medical and emergency response teams.

(e) The person convicted must restore the natural or proper condition

(f) Possession - a person is not allowed to be in possession of an agent if that person is naturally or innocently exposed, infected or contaminated with the agent.

(g) Enforcement - attorney general has the right to investigate and to institute criminal proceedings for a violation committed: (i) Anywhere in this commonwealth (ii) In different counties (iii) Any other jurisdiction

(h) Any person charged with a violation is able to challenge the attorney generals right, the challenge will be dismissed with no relief in court

(i) Definitions - "biological agent" a natural or genetically engineered pathogen, toxin, virus, bacteria, fungus or microorganism which causes infection, disease or bodily harm. "bomb" an explosive device. "chemical agent" (1) A nerve agent (2) A choking agent (3) A blood agent (4) A blister agent (5) Any other chemical element or compound which causes death bodily harm "nuclear agent" radioactive material "weapon of mass destruction" a biological agent, bomb, chemical agent or nuclear agent.