Reckless Endangerment Salt Lake City UT Defense Attorney | Domestic Violence Utah Criminal Defense Lawyer

Utah Reckless Endangerment Defense Attorney

Salt Lake City Domestic Violence Lawyer

Have You Been Charged with Reckless Endangerment in Utah?

Reckless Endangerment is defined as a statutory offense committed by creating a substantial risk of death or serious injury to another. If you are charged with this, call our office at 801-364-6454. Our consulation is free and confidential. Our experienced attorneys will aggressively defend you.

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The typical offenses these apply to our young, our elderly, or disabled persons.

76-5-110. Abuse or neglect of disabled child.

(1) As used in this section:

(a) "Abuse" means:

(i) inflicting physical injury, as that term is defined in Section 76-5-109;
(ii) having the care or custody of a disabled child, causing or permitting another to inflict physical injury, as that term is defined in Section 76-5-109; or
(iii) unreasonable confinement.

(b) "Caretaker" means:

(i) any parent, legal guardian, or other person having under that person’s care and custody a disabled child; or
(ii) any person, corporation, or public institution that has assumed by contract or court order the responsibility to provide food, shelter, clothing, medical, and other necessities to a disabled child.

(c) "Disabled child" means any person under 18 years of age who is impaired because of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that the person is unable to care for the person’s own personal safety or to provide necessities such as food, shelter, clothing, and medical care.
(d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter, supervision, or medical care.

(2) Any caretaker who intentionally, knowingly, or recklessly abuses or neglects a disabled child is guilty of a third degree felony.
(3)
- (a) A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent shall not, for that reason alone, be considered to be in violation under this section.
- (b) Subject to Subsection 78A-6-117(2)(n)(iii), the exception under Subsection (3)(a) does not preclude a court from ordering medical services from a physician licensed to engage in the practice of medicine to be provided to the child where there is substantial risk of harm to the child’s health or welfare if the treatment is not provided.
- (c) A caretaker of a disabled child does not violate this section by selecting a treatment option for a disabled child’s medical condition, if the treatment option is one that a reasonable caretaker would believe to be in the best interest of the disabled child.

76-5-111. Abuse, neglect, or exploitation of a vulnerable adult – Penalties.

(1) As used in this section:

(a) "Abandonment" means a knowing or intentional action or inaction, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.
(b) "Abuse" means:

(i) attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm;
(ii) causing physical injury by knowing or intentional acts or omissions;
(iii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician’s orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult; or
(iv) deprivation of life-sustaining treatment, except:

(A) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
(B) when informed consent, as defined in this section, has been obtained.

(c) "Business relationship" means a relationship between two or more individuals or entities where there exists an oral or written agreement for the exchange of goods or services.
(d) "Caretaker" means any person, entity, corporation, or public institution that assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, or other necessities. "Caretaker" includes a relative by blood or marriage, a household member, a person who is employed or who provides volunteer work, or a person who contracts or is under court order to provide care.
(e) "Deception" means:

(i) a misrepresentation or concealment:

(A) of a material fact relating to services rendered, disposition of property, or use of property intended to benefit a vulnerable adult;
(B) of the terms of a contract or agreement entered into with a vulnerable adult; or
(C) relating to the existing or preexisting condition of any property involved in a contract or agreement entered into with a vulnerable adult; or

(ii) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement.

(f) "Elder adult" means a person 65 years of age or older.
(g) "Endeavor" means to attempt or try.
(h) "Exploitation" means the offense described in Subsection (4).
(i) "Harm" means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, suffering, or distress inflicted knowingly or intentionally.
(j) "Informed consent" means:

(i) a written expression by the person or authorized by the person, stating that the person fully understands the potential risks and benefits of the withdrawal of food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, and that the person desires that the services be withdrawn. A written expression is valid only if the person is of sound mind when the consent is given, and the consent is witnessed by at least two individuals who do not benefit from the withdrawal of services; or
(ii) consent to withdraw food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, as permitted by court order.

(k) "Intimidation" means communication conveyed through verbal or nonverbal conduct which threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or which threatens isolation or harm.
(l)

(i) "Isolation" means knowingly or intentionally preventing a vulnerable adult from having contact with another person by:

(A) preventing the vulnerable adult from receiving visitors, mail, or telephone calls, contrary to the express wishes of the vulnerable adult, including communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;
(B) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or
(C) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members.

(ii) The term "isolation" does not include an act intended to protect the physical or mental welfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructions of a physician or other professional advisor of the vulnerable adult.

(m) "Lacks capacity to consent" means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a vulnerable adult lacks sufficient understanding of the nature or consequences of decisions concerning the adult’s person or property.
(n) "Neglect" means:

(i) failure of a caretaker to provide nutrition, clothing, shelter, supervision, personal care, or dental or other health care, or failure to provide protection from health and safety hazards or maltreatment;
(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
(iii) a pattern of conduct by a caretaker, without the vulnerable adult’s informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult’s well being;
(iv) intentional failure by a caretaker to carry out a prescribed treatment plan that results or could result in physical injury or physical harm; or
(v) abandonment by a caretaker.

(o) "Physical injury" includes damage to any bodily tissue caused by nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that the tissue cannot be restored to a sound and healthy condition. "Physical injury" includes skin bruising, a dislocation, physical pain, illness, impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any other physical condition that imperils the health or welfare of the vulnerable adult and is not a serious physical injury as defined in this section.
(p) "Position of trust and confidence" means the position of a person who:

(i) is a parent, spouse, adult child, or other relative by blood or marriage of a vulnerable adult;
(ii) is a joint tenant or tenant in common with a vulnerable adult;
(iii) has a legal or fiduciary relationship with a vulnerable adult, including a court-appointed or voluntary guardian, trustee, attorney, or conservator; or
(iv) is a caretaker of a vulnerable adult.

(q) "Serious physical injury" means any physical injury or set of physical injuries that:

(i) seriously impairs a vulnerable adult’s health;
(ii) was caused by use of a dangerous weapon as defined in Section 76-1-601;
(iii) involves physical torture or causes serious emotional harm to a vulnerable adult; or
(iv) creates a reasonable risk of death.

(r) "Sexual exploitation" means the production, distribution, possession, or possession with the intent to distribute material or a live performance depicting a nude or partially nude vulnerable adult who lacks the capacity to consent, for the purpose of sexual arousal of any person.
(s) "Undue influence" occurs when a person uses the person’s role, relationship, or power to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear of a vulnerable adult, or uses the person’s role, relationship, or power to gain control deceptively over the decision making of the vulnerable adult.
(t) "Vulnerable adult" means an elder adult, or an adult 18 years of age or older who has a mental or physical impairment which substantially affects that person’s ability to:

(i) provide personal protection;
(ii) provide necessities such as food, shelter, clothing, or medical or other health care;
(iii) obtain services necessary for health, safety, or welfare;
(iv) carry out the activities of daily living;
(v) manage the adult’s own resources; or
(vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.

(2) Under any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult’s person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult’s person or health is endangered, is guilty of the offense of aggravated abuse of a vulnerable adult as follows:

(a) if done intentionally or knowingly, the offense is a second degree felony;
(b) if done recklessly, the offense is third degree felony; and
(c) if done with criminal negligence, the offense is a class A misdemeanor.

(3) Under circumstances other than those likely to produce death or serious physical injury any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits that adult’s person or health to be injured, abused, or neglected, or causes or permits a vulnerable adult to be placed in a situation where the adult’s person or health is endangered, is guilty of the offense of abuse of a vulnerable adult as follows:

(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; and
(c) if done with criminal negligence, the offense is a class C misdemeanor.

(i) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the adult’s property, for the benefit of someone other than the vulnerable adult;
(ii) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of his property for the benefit of someone other than the vulnerable adult;
(iii) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;
(iv) unjustly or improperly uses a vulnerable adult’s power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult;
(v) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity; or
(vi) commits sexual exploitation of a vulnerable adult.

(b) A person is guilty of the offense of exploitation of a vulnerable adult as follows:

(i) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is or exceeds $5,000, the offense is a second degree felony;
(ii) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;
(iii) if done recklessly, the offense is a class A misdemeanor; or
(iv) if done with criminal negligence, the offense is a class B misdemeanor.

(5) It does not constitute a defense to a prosecution for any violation of this section that the accused did not know the age of the victim.
(6) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.

76-5-112. Reckless endangerment – Penalty.

(1) A person commits reckless endangerment if, under circumstances not amounting to a felony offense, the person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person.
(2) Reckless endangerment is a class A misdemeanor.

76-5-112.5. Endangerment of a child or vulnerable adult.

(1) As used in this section:

(a)
- (i) "Chemical substance" means:
- (ii) Intent under this Subsection (1)(a) may be demonstrated by:
(b) "Child" means a human being who is under 18 years of age.
(c) "Controlled substance" is as defined in Section 58-37-2.
(d) "Drug paraphernalia" is as defined in Section 58-37a-3.
(e) "Exposed to" means that the child or vulnerable adult:

(i) is able to access or view an unlawfully possessed:

(A) controlled substance; or
(B) chemical substance;

(ii) has the reasonable capacity to access drug paraphernalia; or
(iii) is able to smell an odor produced during, or as a result of, the manufacture or production of a controlled substance.

(f) "Prescription" is as defined in Section 58-37-2.
(g) "Vulnerable adult" is as defined in Subsection 76-5-111(1)(t).

(2) Unless a greater penalty is otherwise provided by law:

(a) except as provided in Subsection (2)(b) or (c), a person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia;
(b) except as provided in Subsection (2)(c), a person is guilty of a felony of the second degree, if:

(i) the person engages in the conduct described in Subsection (2)(a); and
(ii) as a result of the conduct described in Subsection (2)(a), a child or a vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury; or

(i) the person engages in the conduct described in Subsection (2)(a); and
(ii) as a result of the conduct described in Subsection (2)(a), a child or a vulnerable adult dies.

(3) It is an affirmative defense to a violation of this section that the controlled substance:

(a) was obtained by lawful prescription; and
(b) is used or possessed by the person to whom it was lawfully prescribed.

(4) The penalties described in this section are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions.

In a recent decision involving a reckless endangerment charge, the Utah Court of Appeals in State v. Loveless, 2008 UT App. 336, rendered a decision that is interesting to mention here. In that case, the State charged Mr. Loveless of one count "Aggravated Assault in the alternative Reckless Endangerment." At the time of trial and in order to avoid a conviction of the more heinous felony charge, the defendant’s counsel had the defendant plead guilty to Reckless Endangerment.

The State appealed claiming that the trial court abused its discretion because the court’s acceptance of the plea appeared "inherently unfair" because it was clear that the defendant was attempting to avoid a felony conviction.

The Utah Court of Appeals disagreed reasoning that if the Defendant decided to plead guilty to the second degree offense, the State could not object, so in Loveless’s situation the State could not object either. This decision would have resulted differently had the Reckless Endangerment charge been listed on the Information as a second charge, despite the double-jeopardy risk of there being two similarly filed charges. See State v. Turner, 980 P.2d 1188 (Utah Ct. App. 1998) (the Court reasoned that the conviction based on a plea of guilty to the driving left of center charge would double-jeopardy bar the trial of count one, negligent homicide).

If you’ve been accused of reckless endangerment, have the case reviewed by an experienced trial criminal defense attorney. One of the concerns is whether a felony offense may be pending on the horizon. You may contact Brent Smith and Associates at 801-364-6454 who are experienced in defending these kinds of cases and will be frank with you concerning your rights, and they will give you the kind of advice you need to hear to protect you from felony charges.

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