Utah Criminal Code 76-5-112: Reckless Endangerment — Penalty.1. A person commits reckless endangerment if, under circumstances not amounting to a felony offense, the person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person. State laws will differ in the precise definition of what constitutes reckless endangerment. However, a person generally will be charged with that offense if they deliberately engage in behavior that poses a serious or substantial risk of injury to another person. This is especially true when the actor understood the risks but disregarded them anyway. The charge is sufficiently broad so as to cover a range of conduct that poses a sufficient risk to another person’s safety such that the law finds this behavior reckless. It must be proven that the defendant intended to commit the act giving rise to the charge. Further, it must be shown that the defendant knew (or in some cases, should have known) of the risk posed by this action. The defendant’s action must also exceed negligent or accidental conduct, posing a risk of harm that is itself unreasonable. It isn’t necessary to prove that the defendant intended their actions to cause harm to others or that they intended to cause the specific harm that resulted. The recklessness of the defendant’s conduct is sufficient. That is, the intent to act without regard to the risks is generally enough. The crime may be charged as a misdemeanor or a felony depending on the specific facts of the case and your state. Typically, when there is a weapon involved, the crime gives rise to a felony charge. The same is true depending on who the victim is. For example, most people are familiar with the charge of reckless endangerment when a child is involved. Some states may issue a misdemeanor charge when the same behavior under the same set of facts will lead to a felony charge in another state. Regardless, it generally comes down to what the state considers necessary to discourage behavior it deems harmful to the public. Also keep in mind that in some states, even if you are charged with a misdemeanor, the state may impose penalties that are comparable to those imposed for a felony conviction. Again, a commonly recognized example of reckless endangerment activities involves children. Usually categorized as child endangerment laws, these laws make it a crime for any adult, who through recklessness or indifference, allows a child to be endangered. These types of activities include leaving a child in the care of a known abuser, leaving a child unattended, driving while intoxicated with a child in the car, or serving alcohol to a minor. Other common examples of conduct that might give rise to the charge of reckless endangerment include driving carelessly (i.e. driving while texting, speeding and disobeying other traffic laws), disregarding safety rules and protocols (i.e. a general contractor shortcuts safety rules in order to speed up construction), or medical abuse (i.e. ignoring policies that result in elder abuse at a nursing home). • Carrying a loaded gun in your purse into a theater with the safety off; Safety risk must be managed Misdemeanor Reckless Endangerment Various laws specify several types of endangerment: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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