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. Reckless endangerment is generally a Class A misdemeanor. However, when a weapon is involved, the classification can range from a Class E felony to a Class C felony.
This bill adds to the present law by providing 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, discharges the firearm, and the discharge 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, discharges the firearm, and the discharge results in the death of the child or another.

Statutes affected:
Introduced: 39-13-103