(6)2.3.4 Reckless Endangerment

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:

1. in good faith in the course of lawful employment or emergency response duties;
2. during lawful recreational activities performed with due care (e.g., hunting, target shooting, sporting events); or
3. 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, (6)2.2.7 Vehicular Assault 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.