Reckless Endangerment: How Being Imprudent Can Make You A Criminal

Reckless endangerment is one of the subclasses of endangerment that pertains to the conduct of a certain individual that poses a major risk of death or physical injury to another.

The term “reckless” means that the person is actually aware of the possible consequences and repercussions of his or her actions, yet still deliberately ignores or circumvents it to go on with his or her plans. The intention to harm or hurt does not need to be proven to find someone guilty of reckless endangerment. The fact of the matter is that he or she had been aware of the imminent danger and remained heedless to it.

Examples Of Reckless Endangerment

An example of reckless endangerment is a case where drag racers accidentally swipe a pedestrian off the road or knock over a bus stop sign while driving. Another is a teacher telling a student to stick his or her hand into a hole that has the potential to cause injury (child endangerment).

Reckless endangerment can refer to a number of similar cases, all of which have to be accompanied with the awareness of possible harm and apparent neglect of such possibility. Regardless of the justifications, whether you’re trying to chase a car that held your friend hostage, as long as your own actions have or may have caused injury to somebody else, you can be found guilty of reckless endangerment.

The law states that reckless endangerment constitutes the following, which will have to be proven beyond reasonable doubt before a sentence is handed down:

1) When the person has engaged in conduct that posed a significant danger of physical injury or death to another;

2) When the person has failed to act in a situation which eventually led to great risk of injury or death to another;

3) When the person recklessly and knowingly disregards the risks via commission or omission.

Penalties For Reckless Endangerment

The Penal Code states that reckless endangerment in the second degree, or that which poses significant risk of physical injury and/or disfigurement to another person, is considered a misdemeanor that is punishable with a maximum of one year in jail, a fine of US$1,000, or both.

An act that poses significant risk of death to another person due to recklessness is classified as a Class D felony, where the accused faces up to seven years in prison. If the death or injury were deliberate and intended, then reckless endangerment is elevated to attempted murder, homicide, manslaughter, or whichever is appropriate, and will, of course, merit a much graver punishment.

The law can vary from state to state so it’s best to get in touch with your local Attorney General’s office to obtain full details and conditions.

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