Georgia Father Charged with Reckless Conduct

According to reports out of Roswell, a man has been charged and arrested for reckless conduct after leaving his young son behind his workplace while he bought alcohol from a liquor store with one of his coworkers.

He allegedly drank enough liquor to pass out behind his workplace while his son attempted to wake him up. Other coworkers ended up calling 911 when the man would not wake up.

As a Georgia Criminal Defense Lawyer, I will outline the law behind the criminal offense of reckless conduct in today's post as the offense encompasses a large number of behaviors and actions.

Reckless Conduct in Georgia

Reckless Conduct in Georgia is defined by the Georgia Code in OCGA §16-5-60 as:

A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.

If convicted of misdemeanor reckless conduct in the state of Georgia, a person is facing up to 12 months of jail time as well as fines up to $1,000.

However, there are situations in which a person can be arrested for felony reckless conduct. In order for a person to be charged with felony reckless conduct, the person must be knowingly infected with HIV and engage in various activities such as:

(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act;

(2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person's body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person's body and where that infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to such use;

(3) Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;

(4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to soliciting that act of sodomy; or

(5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person's being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part.

If convicted of felony reckless conduct, a person is facing up to ten years of prison time.

Practice Note

If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now.