Present law provides that a person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury. The classification of the offense ranges from a Class A misdemeanor to a Class C felony depending on certain circumstances, such as was the offense committed with a deadly weapon or did the offense involve discharging a firearm into a habitation or from within a motor vehicle.
As of October 1, 2023, this bill adds that reckless endangerment committed by a person when the person fails to lock, secure, or otherwise store or make unavailable a firearm and ammunition for the firearm constitutes the following:
(1) A Class E felony if a child younger than 13 obtains possession of the firearm, commits an act of mass violence with the firearm, and the act of mass violence results in bodily injury or serious bodily injury to the child or to another; or
(2) A Class C felony if a child younger than 13 obtains possession of the firearm, commits an act of mass violence with the firearm, and the act of mass violence results in the death of the child or another.
This bill defines "an act of mass violence" for purposes of the above provisions to mean to discharge a firearm in a manner that causes two or more other persons to reasonably fear imminent bodily injury or death.

Statutes affected:
Introduced: 39-13-103