7.760 — PASSENGER ENDANGERMENT

Violations of "Statute 7.760" results in a Class A Misdemeanor

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(a) Definitions

Passenger Endangerment refers to the act of knowingly or recklessly placing a passenger in a vehicle in a situation where their safety is significantly compromised, whether due to the driver's actions, the vehicle's condition, or failure to ensure proper safety measures for the passenger(s). This offense includes but is not limited to driving in a reckless or dangerous manner, failing to secure passengers, or exposing passengers to unnecessary risks during travel.

(b) Elements

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

1. The defendant was operating a vehicle with one or more passengers at the time of the incident.

2. The defendant knowingly or recklessly engaged in conduct that placed the passenger(s) in significant danger, including but not limited to:

   1. Driving at unsafe speeds.

   2. Failing to use proper safety restraints (e.g., seatbelts).

   3. Engaging in reckless or erratic driving, such as swerving, tailgating, or performing stunts.

   4. Operating a vehicle under the influence of alcohol or drugs, impairing the ability to drive safely.

3. The passenger(s) were not voluntarily engaging in the risky behavior (e.g., the passenger was not intentionally putting themselves in harm’s way).

4. The defendant's actions were not mitigated by any valid excuse, such as emergency situations that require a higher level of driving risk for the safety of the passenger(s).

(c) Defenses

Defenses against a charge of passenger endangerment may include:

1. Lack of Knowledge or Intent: The defendant did not knowingly or recklessly endanger the passenger(s), and the situation was a result of an unavoidable accident or unforeseen circumstance.

2. Emergency Circumstances: The defendant’s actions were justified due to an emergency situation where the driver was attempting to avoid imminent danger to the passenger(s) or others on the road.

3. Passenger Voluntary Endangerment: The passenger willingly and knowingly placed themselves in a dangerous situation, such as refusing to wear a seatbelt despite the driver's request, or engaging in risky behavior that contributed to the endangerment.

4. No Significant Risk: The defendant can prove that their actions did not actually endanger the safety of the passenger(s), and no reasonable person would have perceived the actions as placing them in significant danger.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. Driving Under the Influence (DUI): The defendant was operating the vehicle under the influence of alcohol or drugs, which significantly increases the risk of harm to the passenger(s).

2. Prior History of Reckless Driving: The defendant has a history of reckless or dangerous driving behavior, showing a pattern of endangering passengers or others on the road.

3. High-Speed or Stunt Driving: The defendant was driving at excessive speeds, performing stunts (e.g., drifting, running red lights), or engaging in other hazardous driving behavior, significantly increasing the risk of harm to the passenger(s).

4. Child Passenger Endangerment: The defendant knowingly placed a child passenger at risk without proper safety restraints, such as not using a child safety seat or seatbelt.

5. Failure to Follow Legal Requirements: The defendant failed to adhere to basic legal safety requirements, such as not securing a passenger with a seatbelt, especially in circumstances where the passenger’s safety could have been easily ensured.