1.138 — PUBLIC ENDANGERMENT

Violations of "Statute 1.138" results in a Class E Misdemeanor

(a) Definitions

"Public Endangerment" shall mean the reckless or intentional conduct of a defendant that creates a substantial risk of harm to the public or to a group of people, endangering their health, safety, or welfare. This can include, but is not limited to, actions that cause or create the potential for injury, death, or property damage in a public space.

(b) Elements

To establish the offense of public endangerment, the prosecution must prove beyond a reasonable doubt the following elements:

That the defendant's conduct was reckless or intentional;
That the defendant’s actions created a substantial risk of harm to the public or a specific group of people;
That the defendant knew or should have known that their actions would likely result in endangering others' safety, health, or welfare.

(c) Defenses

A defendant may raise the following defenses against a charge of public endangerment:

Lack of Intent or Recklessness: The defendant did not act recklessly or intentionally, and there was no reasonable expectation that their actions would endanger others.
Emergency or Necessity: The defendant acted in an emergency situation or out of necessity to prevent greater harm, such as acting to protect themselves or others from immediate danger.
Mistake of Fact: The defendant was unaware of circumstances that made their actions dangerous to the public, and had they known, they would not have acted in such a way.
Legitimate Activity: The conduct in question was part of a legitimate activity or lawful action that does not endanger public safety.

(d) Aggravating Factors

The court shall impose enhanced penalties if the act of public endangerment involved aggravating circumstances, such as:

The conduct occurring in or near highly populated areas, such as schools, transportation hubs, or public events.
The defendant’s actions creating a high probability of serious injury, death, or significant property damage.
The defendant being under the influence of drugs or alcohol at the time of the offense, further exacerbating the danger to the public.
The defendant having a prior criminal history or pattern of endangering others.
The actions resulting in significant harm or risk to vulnerable persons, such as children, elderly individuals, or those with disabilities.

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(a) Definitions

(b) Elements

To establish the offense of public endangerment, the prosecution must prove beyond a reasonable doubt the following elements:

That the defendant's conduct was reckless or intentional;

That the defendant’s actions created a substantial risk of harm to the public or a specific group of people;

That the defendant knew or should have known that their actions would likely result in endangering others' safety, health, or welfare.

A defendant may raise the following defenses against a charge of public endangerment:

Lack of Intent or Recklessness: The defendant did not act recklessly or intentionally, and there was no reasonable expectation that their actions would endanger others.

Emergency or Necessity: The defendant acted in an emergency situation or out of necessity to prevent greater harm, such as acting to protect themselves or others from immediate danger.

Mistake of Fact: The defendant was unaware of circumstances that made their actions dangerous to the public, and had they known, they would not have acted in such a way.

Legitimate Activity: The conduct in question was part of a legitimate activity or lawful action that does not endanger public safety.

(d) Aggravating Factors

The court shall impose enhanced penalties if the act of public endangerment involved aggravating circumstances, such as:

The conduct occurring in or near highly populated areas, such as schools, transportation hubs, or public events.

The defendant’s actions creating a high probability of serious injury, death, or significant property damage.

The defendant being under the influence of drugs or alcohol at the time of the offense, further exacerbating the danger to the public.

The defendant having a prior criminal history or pattern of endangering others.

The actions resulting in significant harm or risk to vulnerable persons, such as children, elderly individuals, or those with disabilities.