The ORS Reckless Endangering Law Guide: What Is It?
In Oregon criminal law, “reckless endangering" is a specific offense that may arise in a wide variety of dangerous situations, from violent conduct between individuals to risky behavior behind the wheel. Understanding what ORS reckless endangering is, how it differs from similar offenses like reckless driving, what the penalties are, and how it can intersect with DUI charges is important for anyone dealing with or studying Oregon’s criminal justice system. This guide breaks down the key elements of Oregon’s reckless engineering law and how it works in practice.
What Is Reckless Endangering in Oregon? (ORS 163.195)
Under Oregon Revised Statutes ORS 163.195, the crime of “Recklessly Endangering Another Person” occurs when someone recklessly engages in conduct that creates a substantial risk of serious physical injury to another person. This is a stand-alone misdemeanor offense in the Oregon criminal code.
“Recklessly” Defined
In Oregon, the mental state of recklessness means that the person was aware of and consciously disregarded a substantial and unjustifiable risk that their conduct would result in serious physical injury or that the risk existed. The disregard of that risk must grossly deviate from the standard of care a reasonable person would exercise in similar circumstances.
This definition is broader than simple negligence; it requires a conscious choice to engage in risky behavior despite knowing it could cause significant harm.
What Is Reckless Endangering Another Person?
The core of ORS 163.195 focuses on endangering another individual, not just property or abstract risk. To convict someone of this offense, the state must prove three key elements:
Reckless conduct: the defendant consciously disregarded a known risk;
Risk of serious physical injury: the conduct created a substantial risk of serious harm; and
Another person was put at risk: even if no one was actually harmed.
Unlike some statutes that require actual harm, reckless endangerment can be charged based simply on the risk created by the defendant’s actions.
Examples of Reckless Endangering in Oregon
Reckless endangering charges can arise in many contexts. Some common examples might include:
Pointing or firing a gun in a crowded area, even without injuring anyone, if the conduct creates a dangerous risk.
Driving while intoxicated in a way that creates a significant risk of harming passengers or pedestrians, even without a crash.
Throwing objects from a building into a public space risks serious injury to bystanders.
Engaging in dangerous physical fights in public places where serious injury could result.
These scenarios share a central theme: the person engages in behavior that a reasonable person would recognize as posing serious danger, yet they go ahead anyway.
How Is Reckless Endangering Different from Reckless Driving?
In Oregon, reckless driving and reckless endangering another person are both Class A misdemeanors involving dangerous behavior, but they differ in scope. Reckless driving applies specifically to the operation of a vehicle in a way that consciously disregards safety risks, while recklessly endangering another person is broader and covers any reckless conduct that creates a substantial risk of serious physical injury, whether or not a vehicle is involved.
Penalty for Reckless Endangering in Oregon
Reckless endangering in Oregon is classified as a Class A misdemeanor. The penalties include:
Up to 1 year in county jail
Fines up to $6,250
Probation or supervision for several years, and
Potential driver's license consequences depending on related offenses.
Because it’s a misdemeanor, it’s handled in Oregon’s circuit courts and can result in a permanent criminal record, with collateral consequences for employment and other rights.
Can You Be Charged With Reckless Endangering During a DUI?
Yes, in Oregon, reckless endangering is often charged alongside DUI or DUII (Driving Under the Influence of Intoxicants). Prosecutors may add a reckless endangerment charge when a DUI arrest involves particularly risky behavior that puts another person in danger. Common scenarios include:
Having a passenger (especially a child) in the vehicle while driving under the influence.
Nearly colliding with pedestrians or other vehicles while intoxicated.
High blood alcohol concentration or extreme reckless conduct behind the wheel.
It’s important to note that a DUI arrest doesn’t automatically mean you’ll be charged with reckless endangerment; prosecutors must decide whether the conduct met the statutory definition of recklessness that created a substantial risk of serious injury.
Other Forms: Reckless Endangerment of Highway Workers
Oregon has a related reckless endangering offense, which includes the “reckless endangering of highway workers”. This applies when a driver operates a motor vehicle in a highway work zone in a manner that endangers workers or property, a separate Class A misdemeanor that can also trigger license suspension.
ORS Reckless Endangering Law Conclusion
Reckless endangering under Oregon law is a serious misdemeanor offense that targets conduct, not just outcomes, that creates a substantial risk of serious physical injury to another person. If you have questions about Oregon’s reckless endangering laws, contacting us at Powell Law can make all the difference in protecting your rights and your future. Reckless endangering charges under ORS can be complex, fact-specific, and carry serious consequences, and trying to interpret them on your own can lead to costly misunderstandings. At Powell Law, we have the experience to clearly explain how the law applies to your situation, identify potential defenses, and guide you through each step with confidence and discretion. Instead of guessing or relying on incomplete information, a conversation with our experienced team gives you accurate answers, strategic insight, and an advocate who understands how to navigate Oregon’s legal system on your behalf.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
