What is wanton endangerment?

Wanton Endangerment

Wanton endangerment is a criminal offense that involves conduct creating a substantial risk of death or serious physical injury to another person. It falls under the umbrella of reckless endangerment crimes, but is considered more serious due to the level of risk involved.

• Elements of the Crime: Generally, to be convicted of <a href="https://www.wikiwhat.page/kavramlar/Wanton%20Endangerment">wanton endangerment</a>, the prosecution must prove:

  1. The defendant engaged in specific conduct.
  2. The conduct created a substantial risk of death or serious physical injury to another person.
  3. The defendant acted wantonly.

• "Wantonly" Defined: Acting "wantonly" means the defendant was aware of and consciously disregarded a substantial and unjustifiable risk that their conduct would cause the prohibited result. The risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. This is higher than mere negligence or even recklessness.

• Substantial Risk: This refers to a real and significant possibility of death or serious physical injury, not just a remote or theoretical possibility.

• Serious Physical Injury: This typically means injury that creates a substantial risk of death, or that causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

• Examples: Common examples of <a href="https://www.wikiwhat.page/kavramlar/Wanton%20Endangerment">wanton endangerment</a> can include:

  • Firing a gun into a crowd.
  • Driving a vehicle while extremely intoxicated and at high speeds.
  • Releasing a dangerous animal in a public area.
  • Leaving hazardous materials accessible to children.

• Grading/Penalties: Wanton endangerment is usually a misdemeanor, but can be charged as a felony depending on the circumstances and the specific state law. Penalties may include imprisonment, fines, probation, and restitution.

• Defenses: Possible defenses to a <a href="https://www.wikiwhat.page/kavramlar/Wanton%20Endangerment">wanton endangerment</a> charge could include:

  • Lack of intent or awareness of the risk.
  • The risk was not substantial.
  • Self-defense or defense of others.
  • Mistake of fact.