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New Jersey Section 2C:12-2 – Reckless endangerment.

New Jersey’s Reckless Endangerment Law – Section 2C:12-2

New Jersey’s reckless endangerment statute, Section 2C:12-2 of the New Jersey Code of Criminal Justice, makes it a crime to recklessly engage in conduct that creates a substantial risk of death or serious bodily injury to another person. This article provides an overview of the law, including what constitutes reckless endangerment, the penalties for violating it, and some examples of cases prosecuted under it.

What is Reckless Endangerment?

In New Jersey, a person commits the crime of reckless endangerment if they recklessly engage in conduct that creates a substantial risk of death or serious bodily injury to another person.

The key aspects of the law are:

• Recklessness – The person’s actions must be reckless. This means they consciously disregarded a substantial and unjustifiable risk that their conduct would cause death or serious injury. They don’t have to intend to harm someone, but they do have to be aware of and ignore the risk.
• Substantial Risk – Their actions must create a substantial risk of death or serious bodily injury. A minor risk isn’t enough. The risk has to be significant.
• Death or Serious Bodily Injury – The potential outcome has to be death or serious bodily injury. Minor injuries don’t qualify. Serious bodily injury means things like loss of a body part, permanent disfigurement or disability, or a temporary loss of a body function.

Some examples of reckless endangerment include firing a gun into a crowd, driving drunk with children in the car, leaving an infant alone near water, and abandoning someone in a dangerous environment without resources.

Penalties and Sentencing

Reckless endangerment is a crime of the fourth degree in New Jersey if no actual injury results. Fourth degree crimes carry the following penalties:

• Up to 18 months in prison
• Up to $10,000 in fines
• Potential restitution to victims
• Loss of certain rights, like voting, owning a firearm, etc.

If someone is seriously injured as a result of the reckless endangerment, it becomes a third degree crime. Third degree crimes double the potential prison sentence to up to 3-5 years.

When determining a sentence, judges consider things like:

• The defendant’s criminal history
• Whether anyone was actually injured
• The level of recklessness and risk involved
• The potential for harm versus actual harm caused
• Acceptance of responsibility and remorse

First time offenders with no criminal history may get probation instead of jail time. Repeat offenders and cases resulting in serious injury are more likely to lead to a prison sentence.

Real World Examples

There have been many prosecutions under New Jersey’s reckless endangerment law. Here are some real cases to illustrate how it applies:

• In State v. Figueroa, the defendant fired multiple gunshots into the air during a party. Though no one was hurt, he was convicted of reckless endangerment due to the substantial risk of injury or death from falling bullets.
• In State v. Thomas, the defendant drove over 90 mph and ran multiple red lights while intoxicated with four children in the car. He pled guilty to reckless endangerment.
• In State v. Morrison, the defendant abandoned a disabled man in a remote wildlife area at night without food, water or warm clothing. He was convicted after the man nearly died of hypothermia.
• In State v. Davis, the defendant left her infant in a bathtub with several inches of water while she napped in another room. The baby nearly drowned and suffered permanent brain damage. She was convicted of reckless endangerment.
• In State v. Williams, the defendant tossed heavy objects like bricks and rocks off an overpass onto a busy highway below. Though no one was hit, he was found guilty due to the clear danger posed to motorists.

Possible Defenses

There are several defenses that a person charged with reckless endangerment may raise. Some common defenses include:

• No reckless conduct – Arguing the defendant’s actions were not actually reckless and did not create a substantial risk of death or serious injury.
• No risk of serious harm – Claiming the potential harm was not truly serious and did not amount to a risk of death or serious bodily injury.
• Justification – Asserting the conduct was legally justified or privileged under the specific circumstances of the case. For example, self-defense.
• Diminished capacity – Presenting evidence of a mental disease or defect that made the defendant unable to appreciate the risk involved.
• Intoxication – Arguing the defendant was involuntarily intoxicated and thus could not form the requisite recklessness.
• Mistake of fact – Claiming the defendant was reasonably mistaken about facts that negate the recklessness, like not realizing someone else was endangered.

The prosecution has the burden of proving reckless endangerment beyond a reasonable doubt. By raising doubts about the required elements, the defense may be able to avoid a conviction. But this depends heavily on the specific facts and evidence in each case.

Why Reckless Endangerment Matters

Reckless endangerment laws are important because they allow the law to intervene and punish very risky behavior before it causes an actual tragedy. Without it, people could engage in extremely negligent conduct but only be charged if someone happened to be injured or killed.

The law helps deter people from engaging in behaviors like shooting guns haphazardly, driving drunk at extreme speeds, or leaving infants and disabled persons in life-threatening situations. It encourages more care and caution when our actions could seriously impact the safety of those around us.

While punishments may seem harsh, they reflect the gravity of the risk rather than requiring someone to actually be harmed first. In the end, reckless endangerment laws aim to promote greater public safety and responsible choices that prevent senseless loss of life.