Section 338 of the Penal Law sets out a list of reckless and negligent acts punishable by up to 3 years of imprisonment when committed in a manner likely to endanger human life or cause bodily injury: reckless driving in a public place; reckless use of fire or explosive material; failure to take precautions with a weapon or.
What does Section 338 provide?
Section 338 of the Penal Law sets out a list of reckless and negligent acts punishable by up to 3 years of imprisonment when committed in a manner likely to endanger human life or cause bodily injury: reckless driving in a public place; reckless use of fire or explosive material; failure to take precautions with a weapon or hazardous material; failure to fence off machinery and pits; placing an obstacle in a public place; and more. What is unique is that there is no need for actual damage to be caused. The creation of the risk alone is sufficient.
The "almost disaster" offense
Section 338 is the prosecution's tool for cases in which "there was luck": firing into the air at a wedding that injured no one, leaving a loaded weapon within children's reach, throwing an object from a roof, operating a forklift near passersby, leaving an open pit at a construction site. When actual harm is caused, the charge escalates to more serious offenses: bodily injury, causing death by negligence, and even reckless homicide.
For whom is the offense especially relevant?
Professionals and businesses: contractors, work managers, owners of construction sites, operators of engineering equipment, owners of shooting ranges, and firearm holders. For them, a charge under Section 338 endangers not only punishment but also licenses and livelihood. The central line of defense: proving that reasonable precautions were taken, that the risk was not foreseeable, or that responsibility lies with another party in the chain.
Legal representation
Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in offenses involving endangering human life and negligence, including professionals whose occupation is at stake. Contact us for an initial consultation with no obligation.
What does Section 338 provide?
Section 338 of the Penal Law sets out a list of reckless and negligent acts punishable by up to 3 years of imprisonment when committed in a manner likely to endanger human life or cause bodily injury: reckless driving in a public place; reckless use of fire or explosive material; failure to take precautions with a weapon or hazardous material; failure to fence off machinery and pits; placing an obstacle in a public place; and more. What is unique is that there is no need for actual damage to be caused. The creation of the risk alone is sufficient.
The "almost disaster" offense — what is important to know?
Section 338 is the prosecution's tool for cases in which "there was luck": firing into the air at a wedding that injured no one, leaving a loaded weapon within children's reach, throwing an object from a roof, operating a forklift near passersby, leaving an open pit at a construction site. When actual harm is caused, the charge escalates to more serious offenses: bodily injury, causing death by negligence, and even reckless homicide.
For whom is the offense especially relevant?
Professionals and businesses: contractors, work managers, owners of construction sites, operators of engineering equipment, owners of shooting ranges, and firearm holders. For them, a charge under Section 338 endangers not only punishment but also licenses and livelihood. The central line of defense: proving that reasonable precautions were taken, that the risk was not foreseeable, or that responsibility lies with another party in the chain.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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