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NY Penal Law § 120.20: Reckless endangerment in the second degree

June 27, 2020

NY Penal Law § 120.20: Reckless endangerment in the second degree

Behaving in a reckless manner that puts other people’s lives at risk is illegal according to the New York Criminal Code. If you exhibit this behavior, you may face a charge of reckless endangerment. Acting “recklessly” is defined according to New York Penal Code § 15.05(3) as being aware of a risk that an action may cause another individual a serious injury and consciously ignoring that risk. Driving at high speeds through a residential area, for example, is a reckless act. Throwing a bottle out of the window of a high-rise apartment building is also a  reckless act. Whether or not your intent is to harm another person is not relevant for this charge to be valid. The court will simply take your actions and the actual or potential results into consideration.  Two degrees of severity of reckless endangerment crimes appear in the criminal code. The less serious of the two offenses is reckless endangerment in the second degree.

 

You will face a charge of reckless endangerment in the second degree under New York Penal Code § 120.20 if you recklessly engage in conduct which poses a substantial risk of serious physical injury to another individual. The law defines a  “serious physical injury” in the criminal code as a physical injury that creates a substantial risk of death, that causes death, that causes a serious disfigurement, that causes a protracted impairment of health, or that causes the loss or impairment of a the function of any bodily organ.

 

Example

In People v. Williams, 886 N.Y.S.2d 72 (2009), defendant Michael Williams, a bus driver, was was charged with reckless endangerment in the second degree. After speaking belligerently to the victim as she stood on the steps of the bus entryway, Williams suddenly closed the door on the leg of the victim and began to drive the bus. After driving several feet, the victim was able to free her leg from the bus door. The victim did not suffer any injuries. Nonetheless, the court arrived at the conclusion that Williams’ actions presented a substantial risk of serious physical injury to the victim.

 

Offenses that are Related

Reckless endangerment in the first degree: NY Penal Law § 120.25

Menacing in the second degree: New York Penal Code § 120.14

Assault in the third degree: New York Penal Code § 120.00

 

Possible Defenses

In the past, courts have found “factual impossibility” to be a valid defense against a charge of reckless endangerment in the second degree. You may have a plausible defense if you can demonstrate that your action, while it may have appeared to have put others at risk, in reality did not. For instance, if a gun is pointed at a crowd of people and the person wielding the gun pulls the trigger, but the gun was not loaded or was somehow otherwise rendered inoperable, then there was never a substantial risk of death. In a case like this, the charge would not stand.

 

The Sentence

Since reckless endangerment in the second degree is a class A misdemeanor, if you are convicted, you could spend up to a year in jail. It is also possible that the judge may additionally sentence you to a probation term of 3 years. On top of that, the judge may order you to pay a fine of up to $1,000.

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