The Link and DV Practice Test

Wanton endangerment in the second degree focuses on conduct where someone acts with a wanton disregard for others’ safety and, as a result, creates a substantial danger of physical injury to another person. The key idea is the combination of two elements: a conscious disregard for safety (wanton) and a real, significant risk (substantial danger) of harm. It isn’t satisfied by minor risks, by merely making threats without any action, or by causing only a temporary inconvenience. For this reason, the best description is that one wantonly creates a substantial danger of physical injury to another. An example would be firing a weapon in a crowded area or driving in a way that recklessly endangers others, where the risk of serious harm is clearly present.