Nevada NRS § 202.595 states that a person commits reckless endangerment when he or she “performs any act or neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property.” This is a gross misdemeanor punishable by up to 364 days in jail and fines of up to $2000.00.
Common Examples:
- Setting off legal fireworks too close to other people or structures
- Jaywalking on a particularly busy street
- Not supervising a child at a playground
- Bicycling under the influence of drugs or alcohol
Reckless endangerment is a very broad, subjective crime that can implicate anyone for any action that a police officer suspects might have been done on purpose and might prove dangerous. 1
On this page, our Las Vegas criminal defense lawyers explain the Nevada crime of “reckless endangerment” under NRS 202.595 and how we may be able to fight these kinds of charges.
Reckless endangerment can be punished as a gross misdemeanor or a felony in Nevada under NRS 202.595.
1. What are the defenses?
In our experience of defending against reckless endangerment charges in Nevada, we found that the four most effective strategies are to show that either:
- You did not behave recklessly. If we can show you acted only negligently or by accident, a reckless conviction charge cannot stand.
- You did not pose any threat. Perhaps the police officer overreacted to your behavior and unduly feared that your actions could result in harm.
- There is exculpatory evidence. Maybe there were eyewitnesses or a video recording of your behavior that demonstrates your innocence.
- You were a victim of mistaken identity. Even if a crime did occur, it is possible that the officer simply arrested the wrong person.
2. What are the penalties?
Reckless endangerment is a gross misdemeanor in Nevada as long as no one sustained substantial bodily harm (NRS 0.060) or got killed. Penalties include:
- up to $2,000 in fines, and/or
- up to 364 days in jail.
If the incident did result in someone dying or getting seriously hurt, then reckless endangerment is a category C felony, carrying:
- 1 to 5 years in prison, and
- up to $10,000 in fines.2
Depending on the case, the prosecutor may be willing to plea bargain a reckless endangerment charge down to just a minor misdemeanor such as jaywalking (NRS 484B.287) or breaching the peace (NRS 203.010).
3. Can the record be sealed?
A category C conviction of reckless endangerment is sealable once five years have passed since the case closed. Meanwhile, a gross misdemeanor conviction of reckless endangerment is sealable once two years have passed since the case closed.
Note that there is no waiting period to get a record seal if your case gets dismissed.3 Learn more about sealing Nevada criminal records.
Legal References
- NRS 202.595. Desai v. State (Nev. 2017) 398 P.3d 889 (“Because the State presented sufficient evidence to show that Desai acted with awareness of the reckless or negligent conduct and with the intent to promote or further that conduct in the endangerment crimes for which he was convicted, we affirm his convictions for those crimes.”). Lakeman v. State (2016) 132 Nev. 997 (Reckless endangerment is not a lesser included offense of NRS 200.495).
- Same.
- NRS 179.245. NRS 179.255.