26.13.140 Reckless Endangerment

(a) Any person is guilty of a Class [4] four offense if that person creates a physical circumstance or situation that creates a substantial risk of serious bodily injury or death to any other person particularly a child(re).

(b) The offense is a Class [3] three offense if the circumstances created demonstrate an extreme indifference to the value of human life.

(c) To satisfy the "creates a physical circumstance or situation" requirement, no actual person need actually be placed in actual jeopardy of receiving serious bodily injury or death but only the potential of such injury had a person been exposed to the circumstance or situation.