(6)2.3.4 Reckless Endangerment: Difference between revisions
Created page with "A person is guilty of <b>Reckless Endangerment</b> under this subsection if he or she willfully and recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person, including, but not limited to: (a) discharging or handling a firearm, explosive device, or other deadly weapon in a manner that could reasonably cause harm; (b) operating a motor vehicle, vessel, aircraft, or heavy machinery under circumstances that create a..." |
No edit summary |
||
| Line 1: | Line 1: | ||
A person is guilty of <b>Reckless Endangerment</b> under this subsection if he or she willfully | A [[(6)1_Definitions#(6)1.1_Person|person]] is guilty of <b>Reckless Endangerment</b> under this subsection if he or she [[(6)1_Definitions#(6)1.2_Willfully|willfully]] or as the result of criminal [[(6)1_Definitions#(6)1.4_Negligence|negligence]], recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another [[(6)1_Definitions#(6)1.1_Person|person]], including, but not limited to: | ||
(a) discharging or handling a firearm, explosive device, or other deadly weapon in a manner that could reasonably cause harm; | (a) discharging or handling a firearm, explosive device, or other deadly weapon in a manner that could reasonably cause harm; | ||
| Line 12: | Line 12: | ||
(f) This subsection does not apply to conduct that is already charged or punishable under [[(6)5.2.1_Reckless_Driving|(6)5.2.1/(6)5.2.2 Reckless Driving]] or any other statute specifically addressing the operation of a vehicle, vessel, or aircraft, unless the conduct exceeds the scope of the underlying vehicular offense and independently satisfies the elements of this subsection. | (f) This subsection does not apply to conduct that is already charged or punishable under [[(6)5.2.1_Reckless_Driving|(6)5.2.1/(6)5.2.2 Reckless Driving]] or any other statute specifically addressing the operation of a vehicle, vessel, or aircraft, unless the conduct exceeds the scope of the underlying vehicular offense and independently satisfies the elements of this subsection. | ||
Reckless Endangerment is a <b>Gross Misdemeanor</b>. | |||
Revision as of 09:57, 14 December 2025
A person is guilty of Reckless Endangerment under this subsection if he or she willfully or as the result of criminal negligence, recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person, including, but not limited to:
(a) discharging or handling a firearm, explosive device, or other deadly weapon in a manner that could reasonably cause harm; (b) operating a motor vehicle, vessel, aircraft, or heavy machinery under circumstances that create a foreseeable risk of serious injury or death to others; (c) engaging in unsafe handling or release of hazardous chemicals, flammable materials, or other substances capable of causing serious harm; or (d) any other conduct that a reasonable person would recognize as creating a high probability of imminent serious bodily injury or death.
(e) Exceptions: This subsection does not apply to conduct carried out:
- in good faith in the course of lawful employment or emergency response duties;
- during lawful recreational activities performed with due care (e.g., hunting, target shooting, sporting events); or
- in accordance with established safety protocols or legal standards that mitigate foreseeable risks.
(f) This subsection does not apply to conduct that is already charged or punishable under (6)5.2.1/(6)5.2.2 Reckless Driving or any other statute specifically addressing the operation of a vehicle, vessel, or aircraft, unless the conduct exceeds the scope of the underlying vehicular offense and independently satisfies the elements of this subsection.
Reckless Endangerment is a Gross Misdemeanor.