According to reports out of Athens Clarke County, a UGA student has been arrested and charged with reckless conduct after shooting himself in the leg.
The student has been accused of “unsafely handling the weapon outside of the holster, causing the accident to occur.”
The law behind the criminal offense of reckless conduct is long-winded and includes many different situations. The misdemeanor version of the law itself is extremely broad and can encompass many different actions. As a Georgia Criminal Defense Lawyer, I will break down the law behind reckless conduct in today's post.
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 a person is 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 a person is convicted of felony reckless conduct, a person is facing up to ten years of prison time.
Regardless if you are facing a misdemeanor or a felony, contact one of our lawyers today. Criminal charges can affect you for the rest of your life. Let us help you now.