T.P.I.-- CRIM. 6.03

RECKLESS ENDANGERMENT

            Any person who commits the offense of reckless endangerment is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

(1)  that the defendant engaged in conduct which placed or might

       have placed another person in imminent danger of death or

       serious bodily injury;

and

(2)  that the defendant acted recklessly;

[and]

[(3)  that the offense was committed with a deadly weapon.]

            "Serious bodily injury" means bodily injury which involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.²

            "Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.³

            The requirement of "recklessly" is also established if it is shown that the defendant acted intentionally or knowingly.⁴

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.⁵

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.⁶

            ["Deadly weapon" means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.]⁷

FOOTNOTES

1.  Tenn. Code Ann. § 39-13-103.

2.  Tenn. Code Ann. § 39-11-106(a)(33).  Some trial judges are of the opinion

     that the definition of "bodily injury", Tenn. Code Ann. § 39-11-106(a)(2),

     should be given in conjunction with the definition of "serious bodily injury".

3.  Tenn. Code Ann. § 39-11-106(a)(31).

4.  Tenn. Code Ann. § 39-11-301(a)(2).

5.  Tenn. Code Ann. § 39-11-106(a)(18).

6.  Tenn. Code Ann. § 39-11-106(a)(20).

7.  Tenn. Code Ann. § 39-11-106(a)(5).

COMMENTS

            1.  Reckless endangerment is a Class A misdemeanor; however, reckless endangerment committed with a deadly weapon is a Class E felony.  Tenn. Code Ann. § 39-13-103(b).

            2.  A violation of Tenn. Code Ann. § 39-15-401, child abuse and neglect, may be a lesser included offense of any kind of statutory assault.  Tenn. Code Ann. § 39-15-401(d).