Under MCA § 45-5-208(1), the crime of negligent endangerment involves an allegation that a person negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another. The jury instruction for negligent endangerment can be found at MCJI 5-115. The penalties for negligent endangerment under MCA § 45-5-208 are up to one year in jail and a $1,000 fine.
It is important to understand the mental state of “negligently” and the definition of “serious bodily injury.” See MCJI 2-105 and MCJI 5-107(b). In order the prove the offense of negligent endangerment under MCA § 45-5-208(1), the prosecutor must have sufficient prove to prove the offense beyond all reasonable doubt. The elements of negligent endangerment include:
- That the Defendant engaged in conduct that created a substantial risk of death or serious bodily injury to the alleged victim; and
- That the Defendant acted negligently.
The only different between criminal endangerment and negligent endangerment is the state of mind with which the accused person acts. Negligence, in this context, gives rise to a lesser culpability that does acting knowingly. Therefore, the courts in Montana have held that negligent endangerment is, by statutory definition, a lesser included offense of criminal endangerment.
45-5-208. Negligent Endangerment -- Penalty - Visit the Montana Legislature to learn more about the penalties for negligent endangerment and the penalties. Negligent endangerment is punishable by up to one year in county jail or a $1,000 fine.
Attorney for Negligent Endangerment in Helena, Montana
If you are charged with negligent endangerment under MCA Section 45-5-208, then contact a criminal defense attorney at Beebe Law Firm. With offices in Helena, Montana, Greg Beebe represents clients throughout Lewis and Clark County and Jefferson County. He also represents clients in Teton County, Cascade County, Meagher County, Broadwater County, Powell County and Flathead County.
Call 1 (406) 442-3625 today for a free consultation.
This article was last updated on Monday, September 12, 2016.