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Reckless Conduct

Reckless conduct is categorized as a crime against a person in Georgia, and it is generally treated as a misdemeanor, depending on the circumstances of your case. Keep reading to learn more about the offense of reckless conduct. 


Reckless Conduct in Georgia

Under O.C.G.A. § 16-5-60, reckless conduct occurs when a person causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that their act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.


What are the elements of reckless conduct?

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For the offense of reckless conduct, the State must prove the following: 

  1. The person causes bodily harm or endangers the safety of another; and
  2. The person consciously disregards a substantial and unjustifiable risk that their act, or failure to act, will cause harm; or 
  3. Endanger the safety of others; and 
  4. The person’s disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. 

For example, in Baker v. State, the Georgia Court of Appeals found that the evidence supported the Defendant's conviction for misdemeanor reckless endangerment. The Defendant left their nine-month-old and three-year-old children unsupervised on the upper floor of a two-story home near an unprotected downward flight of stairs. The Court noted that this was a gross deviation from the standard of care that a reasonable person would exercise and was in conscious disregard of a substantial and unjustifiable risk that endangered the children's safety.

Penalties

The offense of reckless conduct is punished as a misdemeanor. The consequences for a misdemeanor public indecency conviction could include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months.


Reckless conduct and sexually transmitted diseases

A person can be charged with reckless conduct if they knowingly give someone a sexually transmitted disease. A person who is an HIV infected person who, after learning that they have HIV, does one of the following will be guilty of a felony:

  1. Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person, and the HIV infected person does not tell the other that they have HIV before engaging in a sexual act;
  2. Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids, and someone with H.I.V. previously used the syringe or needle; 
  3. Offers or consents to have sexual intercourse with another person for money, and the HIV infected person does not tell the other person that they have HIV before engaging in a sexual act; 
  4. Solicits another person to perform or submit to an act of sodomy for money and the HIV infected person does not tell the other person that they have HIV before engaging in sodomy; 
  5. Donates blood, blood products, other body fluids, or any body organ or body part, and the HIV infected person does not tell the other person that they have HIV before donating.

The accused person can be punished by up to ten years in prison. 

Defenses

There are several reckless conduct defenses that your criminal defense attorney can argue based on the facts of your case, including:

  • Lack of Knowledge: If you did not know you had HIV when you transmitted it to another person, your attorney could argue that you did not engage in reckless conduct due to lack of knowledge. 
  • You Acted Reasonably: To be convicted of reckless conduct, there must have been a deviation from the standard of care a reasonable person would exercise. Your attorney can argue that, based on the facts of your case, you acted reasonably. 


Frequently Asked Questions

  • What is an example of reckless conduct in Georgia?

Some examples of reckless conduct include leaving a young child unsupervised in a dangerous area, firing shots into the air after pointing a gun at a person, slamming on your vehicle’s brakes very close to someone, and causing that person to fear for their life, or driving too fast in a residential neighborhood.

  • Is reckless conduct a misdemeanor?

Reckless conduct is generally treated as a misdemeanor in Georgia. However, if you knowingly infect someone with HIV, your reckless conduct charge will be treated as a felony.


Why you need a lawyer for a reckless conduct offense

The State has the burden of proving that you acted in gross deviation from the standard of care of a reasonable individual. Misdemeanors can have far-reaching consequences, and it is important that you have an experienced criminal defense attorney that will hold the State to its burden, conduct a proper investigation, and present any evidence that will help prove your innocence. 


Have questions? Give me a call

If you or your loved one is charged with reckless conduct, I am here to help. I have decades of experience representing people charged with misdemeanors and felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!




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Writer

Kevin Fisher


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