(6)2.3.4 Reckless Endangerment

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A person is guilty of Reckless Endangerment 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 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 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.