Reckless Endangerment On The First Degree Law and Legal Definition
This is an example of Reckless Endangerment in the first degree. The laws would vary by State.
You are guilty of Reckless Endangerment in the First Degree when, under circumstances evincing a depraved indifference to human life, you recklessly engage in conduct which creates a grave risk of death to another person.
Like Second Degree Reckless Endangerment, the First Degree offense has specifically defined terms that you need to understand before fully grasping the crime.
- Recklessly Engaging in Conduct Which Creates a Grave Risk of Death to Another Person: In order for prosecutors to prove this element beyond a reasonable doubt they must establish that you were engaged in conduct that created a grave and unjustifiable risk of death, you were aware of and consciously disregarded this risk and this was a gross deviation from the standard of conduct that of a reasonable person in the particular situation. It is critical to recognize that no matter how reckless the conduct, the evidence must also show that you acted in a manner evincing a depraved indifference to human life.
- Depraved Indifference to Human Life: More than mere indifference, you act with a depraved indifference to human life when you recklessly engage in conduct that poses a grave risk of death. A person has a depraved indifference to human life when that person has an utter disregard for the value of human life – a willingness to act, not because he or she means to cause grievous harm, but because he or she simply does not care whether or not grievous harm will result. In other words, a person who is depravedly indifferent is not just willing to take a grossly unreasonable risk to human life. Instead, that person does not care how the risk turns out.