Deadly Conduct
(a) Recklessly engages in conduct placing another in imminent danger of serious bodily injury — Class A misdemeanor. (b) Knowingly discharges a firearm at one or more individuals or at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony.
To prove this offense, the State must establish each of the following elements: (a) Recklessly engages in conduct placing another in imminent danger of SBI — Class A; (b) Knowingly discharges firearm at one or more individuals OR at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony.
The base classification is Class A misdemeanor / 3rd degree felony (firearm), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- (a) Recklessly engages in conduct placing another in imminent danger of SBI — Class A
- (b) Knowingly discharges firearm at one or more individuals OR at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony
(a) Recklessly engages in conduct placing another in imminent danger of serious bodily injury — Class A misdemeanor. (b) Knowingly discharges a firearm at one or more individuals or at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony.
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Worked examples
Discharging a firearm at or in the direction of one or more individuals, or at a habitation/building/vehicle reckless as to whether occupied, is:
- Disorderly Conduct
- Aggravated Assault
- Deadly Conduct (§22.05) — 3rd degree felony Correct
- Unlawful Discharge — Class A misdemeanor