Charlottesville, VA Reckless Handling of a Firearm Attorney | Bryan J V\!;T83C2ma &#D 'Xq?E:)&k\*p^^P^i n|F%6k>t%5v5+I2=^/aq`XXd :&775yF'$o Lee went outside and called out for the money. Stay up-to-date with how the law affects your life. (You need to review our explanation of Virginias self-defense law in order to understand this defense. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. He moved to strike the evidence. Shooter pleaded guilty to that charge. Va Code 18.2-287.01: Carrying weapon in air carrier airport terminal. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer. Lee retreated to the inside of the store. Email is the fastest way to reach us. You already receive all suggested Justia Opinion Summary Newsletters. Sign up for our free summaries and get the latest delivered directly to you. of a firearm), Va. Code 18.2-311.1 (1975) (prohibiting the alteration or removal of serial codes on firearms). Firearms, Missiles, Etc. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. 18.2-282. A person who sells a firearm to another person in Virginia without obtaining the required background check can be charged with a Class 1 misdemeanor offense. Click below to generate an email in your email client. The offense is a Class 6 felony if the brandishing occurred on on or near school property. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. He was shining a pretty powerful flashlight in the direction of the men. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the. That means a judge must make the decision based on what the judge's definition of reckless is. this Section, Title 18.2 - Crimes and Offenses Generally. Court opinions are provided by CourtListener, which is Reckless Handling of Firearms (Section 18.2-56.1) Any individual who (1) recklessly handles a firearm and thus (2) puts another person's health or person's property in danger is guilty of a Class 1 misdemeanor. 2755953, 1996 Va.App. 561, 570, 760 S.E.2d 132, 136 (2014).3. Recklessly allowing access to firearms to children is punished as a class 3 misdemeanor. [], FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Client was acquitted at trial and found NOT GUILTY of Brandishing a Firearm, the defense prevailing on theory of self defense. Code 18.256.1(A) prohibits the reckless handling of a firearm so as to endanger the life, limb or property of any person. The manifest purpose of Code 18.256.1(A) is to prevent actual endangerment, not the mere appearance of endangerment. B. Va. Code 18.2-154, Allowing access to firearms by children Va. Code 18.2-56.2, Willfully discharging firearms in public places Va. Code 18.2-280, Setting a spring gun or other deadly weapon Va. Code 18.2-281, Selling or giving toy firearms Va. Code 18.2-284, Hunting with firearms while under influence of an intoxicant or narcotic drug Va. Code 18.2-285, Shooting in or across a road or in street Va. Code 18.2-286, Shooting from vehicles so as to endanger persons; penalty Va. Code 18.2-286.1, Carrying weapon in an air carrier airport terminal Va. Code 18.2-287.01, Possession of firearm, stun weapon, or another weapon on school property Va. Code 18.2-308.1, Use or display of a firearm in committing a felony Va. Code 18.2-53.1, Wearing of body armor while committing a crime Va. Code 18.2-287.2, Purchase or transportation of a firearm by persons subject to protective orders or convicted of drug offenses Va. Code 18.2-308.1:4, 18.2-308.1:5, Possession or transportation of firearms, stun weapons, explosives or concealed weapons by persons convicted of a felony felon in possession Va. Code 18.2-308.2, Possession of firearms while in possession of certain controlled substances/drugs Va. Code 18.2-308.4, Manufacture, import, sale, transfer or possession of plastic firearm Va. Code 18.2-308.5, Possession of unregistered firearm mufflers or silencers Va. Code 18.2-308.6, Removing, altering, etc., serial number or other identification on firearm Va. Code 18.2-311, Possession or use of sawed-off shotgun or rifle Va. Code 18.2-300, Third conviction of firearm offenses Va. Code 18.2-311.2. Disclaimer: These codes may not be the most recent version. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. (b) Any police officer in the performance of his duty in making an arrest under the provisions of this section shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, or brandishing such firearm, or object which was similar in appearance to a firearm, with intent to induce fear in the mind of another. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Virginia's once-a-month rule In some states, such as Virginia, the mere reckless handling of a firearm can lead to a misdemeanor conviction. Read this complete Virginia Code Title 18.2. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result. Client remains eligible to obtain concealed carry permit. 82, 96, 428 S.E.2d 16, 26 (1993)). We agree and reverse his conviction. LawServer is for purposes of information only and is no substitute for legal advice. All rights reserved. However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon. We have concluded that the definition of a firearm is the same under Code 18.2308.2 as it is under Code 18.256.1(A). Virginia for RECKLESS HANDLING OF FIREARM 18.2-56.1. Recent Booking / Mugshot for ZACHARY ALEXANDER THOMAS in Virginia Beach The word "reckless" as it appears in reckless handling of a firearm hasn't been defined by the legislature or courts in Virginia. 18.2-56.1 Reckless handling of firearms; reckless handling . The trial court acquitted the defendant of possession of a firearm as a convicted felon, concluding that the respective statutes required different standard[s] of proof of a firearm. Virginia Code Title 18.2. Crimes and Offenses Generally - Findlaw . Felony; drive-by shooting. <>>> . is an antique or fake firearm), emphasize that fact in charging document, written plea agreement, transcript of In addition to standard criminal penalties, upon conviction of a hunting, fishing, or trapping offense, a judge may also prohibit the accused from hunting, fishing, or trapping for a period of one to five years. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapons true nature. Revocation of license and privileges; penalties. Unfortunately, the client was not released on bond after being charged. The punishment depending on certain factors can lead to a Class 1 misdemeanor or a Class 6 Felony. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15 of 18.2-308.09, holding a permit for a concealed handgun, may have the permit suspended by the court before which such charge is pending or by the court that issued the permit. Such fear of harm results just as readily from employment of an instrument that gives the appearance of having a firing capability as from use of a weapon that actually has the capacity to shoot a projectile. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. Complete the form below to receive a free consultation. 18.2-56.1. Terms Used In Virginia Code 18.2-56.1. WALTER LEE BROWDER - Recently Booked Licenses revoked shall be sent to the Director. NRA-ILA | Misconceptions About So-called "Safe Storage" Laws Call us to inquire about eligibilityfor a free consultation. -fk$ASC>##j|LD1.Vem }_I$~ Read more about Weapons Law here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. with them. If you have been charged with Reckless Handling of a firearm in violation18.2-56.1 of contact one of the lawyers atJurach, Tacey & Quitiquit. (d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. Accidental Firearm Discharge Law - LegalMatch Law Library You're all set! Virginia also regulates the transfer and record . You can explore additional available newsletters here. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. (b) It shall be unlawful for any person to hunt with a firearm any bird or game animal on or within 100 yards from any primary or secondary highway. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. (3) a person. The email address cannot be subscribed. See Va Law 18.2-433.2. z$Q 8QHlOe9yc`47032!s'i;}aY Guns and Firearms Cases Summarized By Accident Lawyer Copyright 20112013 Waldo Jaquith the reckless handling of a firearm), Va. Code 18.2-280 (2005) (making it illegal to hunt with a firearm while in-toxicated). PDF. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. Booking Number: 23-001677. The first such offense is a misdemeanor, while any subsequent offense is a felony. Virginia law prohibits the brandishing of a firearm under Va Law18.2-282. If you are convicted can result in a criminal record, jail time, a fine, and potentially losing your rights to hunt in Virginia. To contact us, pleasecomplete this formand well respond as soon as we are able. The reckless handling must endanger person or property in order to qualify as a crime. stream TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. A. As an appellate court, [w]e may not substitute our judgment for that of the trier of fact, nor may we reweigh the evidence, because we have no authority to preside de novo over a second trial. Ervin v. Commonwealth, 57 Va.App. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Any person violating this section shall be guilty of a Class 1 misdemeanor. AClass 1 misdemeanor offense is punishable by up to 1 year in jail and a $2500.00 fine. -HD&*bX0K The Supreme Court explained the legislative intent animating the statute that prohibits the use of a firearm during the commission of a felony: The purpose is [not only] to deter violent criminal conduct but also to discourage criminal conduct that produces fear of physical harm. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. endobj This prohibited discharge of firearms shall not apply to the killing of deer pursuant to Code of Virginia, 29.1-529 on land of at least five acres that is zoned for agricultural use. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. PDF Virginia Gun Laws and the U.S. Supreme Court A Virginia court has ruled that a deadly weapon may not be brandished solely in defense of personal property. Read more about Virginia firearm laws here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and [], ALEXANDRIA, VIRGINIA Criminal Defense Attorney Case Result: A Class 1 misdemeanor charge for Carrying Firearm While Intoxicated (Va Law 18.2-308.012) was avoided with plea to related driving under the influence charge and minimum penalties under the law for the offense. explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. Although Code 18.2308.2, prohibiting the possession of a firearm by a convicted felon, and Code 18.253.1, forbidding the use of a firearm during the commission of a felony, each use the word firearm, caselaw has defined the word differently for each statute. 702, 708, 467 S.E.2d 294, 297 (1996) (quoting Pugliese v. Commonwealth, 16 Va.App. Code 18.256.1(A) simply requires that the firearm be handled in a reckless manner so as to endanger the life, limb or property of any person.. Under Virginia law, when a person commits brandishing as defined by Va Code 18.2-282, while at the time assembled with one or more persons for the purpose of and with the intent to intimidate any person or group of persons, the penalty for the brandishing act is escalated to a class 5 felony. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 792 612] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Virginia law permits carrying of concealed weapons with a properly issued government permit. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. 18.2-56.1 prohibits "reckless handling of firearms," and provides, A. Any violation of subsection A, B, or C shall constitute a Class 2 misdemeanor. B. Federal law does not distinguish between violent and nonviolent felony offenses. Firearms may lawfully be discharged in those areas that are exempted in Appendix J to the Fairfax County Code so long as the firearms are discharged on a Parcel of Land that is posted with signs giving reasonable notice that firearms are in use on that Parcel of Land and that no trespassing is allowed. Click to review Virginia's new gun control laws. 10-45.1. Va Code 18.2-308.01: Private property when prohibited by the owner of the property, or where posted as prohibited. % 18.2-56.1. If you are being investigated by the police or have already been charged with a firearms offense, please call to see if you qualify for a free consultation. The client was a young student with no criminal record. Get free summaries of new opinions delivered to your inbox! If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. The laws are enumerated in Title 29.1 of the VA Code GAME, INLAND FISHERIES AND BOATING. These crimes are generally punished as a misdemeanor offense, some carrying no jail time at all, while other offenses carrying up to a year in jail. Related Public Intoxication charge was DROPPED. Va Law 18.2-282. people and, consequently, are not governed by copyrightso do whatever you want Reckless handling of firearms; reckless handling while hunting 18.2-56.1(A) Maybe5 6No Most likely not, under 8 U.S.C. Reckless handling of firearms; reckless handling while hunting. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. A1. Click below to generate an email in your email client. . Any person violating this section shall be guilty of a Class 1 misdemeanor. Any person violating this section shall be guilty of a Class 1 misdemeanor. Virginia Code 18.2-56.1: Reckless handling of firearms; reckless Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction, or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under 18.2-308.09, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction, or other event. (b) This section shall not apply to persons who are exempt from Code of Virginia, 18.2-308(A). Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses, Criminal Defense Lawyer for Firearms Offenses, Criminal Defense Lawyer in Arlington Virginia, Reckless Handling of a Firearm in Virginia, Felony Grand Larceny Charges in Fairfax County DROPPED at Preliminary Hearing. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Additional felony charges for firearm possession (18.2-308.4) and PWID Possession with Intent to Distribute (18.2-248, [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 will be DISMISSED conditioned on completing a gun safety course at the NRA and surrender of concealed carry permit for one year. Weight: 190. The charge of Reckless Handling of a Firearm is a serious charge. This article is written by award-winning trial attorney Marina Medvin, a former National Rifle Association (NRA) law clerk, NRA Life Member. 1 0 obj He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code 18.256.1. (a) It shall be unlawful for any person to point, or brandish any firearm, as hereinafter described, or any object similar in appearance to a firearm, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another. Lee also responded, I don't know when asked if it was a squirt gun. He then heard two or three loud gunshots. We serve Alexandria, Fairfax, Arlington & DC.Meetings by appointment only. 13-2-3 Discharge of firearms. Vienna Sec. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Virginia, Title 18.2 - Crimes and Offenses Generally. B. At approximately 11:02 a.m. on February 28, police were dispatched to the report of trouble unknown. You can explore additional available newsletters here. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. A good attorney can argue to the judge the one definition of reckless should be accepted over another, but as an initial . Arlington General District Court, 1425 N Courthouse, Arlington, [], FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Petit Larceny charge (VA Code 18.2-96), for larceny of a weapon at the Dulles Expo Center Gun Show in Chantilly Virginia, was DROPPED at the first hearing for insufficient evidence. You have the right to remain silent, and you should not talk to the police without the advice and presence of your lawyer. 495, 503, 704 S.E.2d 135, 13839 (2011) (citations and quotation marks omitted). A. Pointing or brandishing firearm or object similar in appearance. B. 18.2-308.013. For the purposes of this Section the term law enforcement officer includes any person defined as a law enforcement officer pursuant to Virginia Code 9.1-101 and any animal control officer acting in the performance of his or her duty. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. By acquitting the defendant of violating Code 18.2308.2, when the defendant's status as a felon was undisputed and where he possessed an object resembling a firearm, the trial court as factfinder rejected the only interpretation of the facts which would allow an appellate court to conclude that the facts supported a conviction under Code 18.256.1(A). 10-43. REPORTS RECKLESS HANDLING OF A FIREARM, 2023-02280101, 5800 block of Washington Boulevard. (f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. endobj Code of Virginia 18.2-56.1 (2020) - Reckless handling of firearms Reckless Handling of Firearm 2-Never point a . This felony offense carries a maximum prison sentence of 10 years. He was 26 years old on the day of the booking. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Many Virginia gun owners do not hold a concealed carry permit because they feel telling the government they own a gun it is a violation of their privacy, and they do not wish to be added to a government-held list of firearm owners. The Supreme Court labeled the core right of the Second Amendment in Heller as the right of law-abiding, responsible citizens to use arms in defense of hearth and home. This is a clear self defense right, but is not directly related to hunting for food, materials, trade or recreation. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Suspension or revocation of permit. C. The court shall revoke the permit of any individual for whom it would be unlawful to purchase, possess, or transport a firearm under 18.2-308.1:2 or 18.2-308.1:3, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. A1. 2800 N Parham Rd #201, Reckless handling of firearms; reckless handling while hunting. Reckless handling of firearms; reckless handling while hunting. Take a look at the code sections posted below for the many different ways you can violate Virginia law. He was charged with RECKLESS HANDLING OF FIREARM 18.2-56.1. He said he was absolutely sure that it was a handgun. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Belowyou can read the language of18.2-56.1. PORTSMOUTH CIRCUIT COURT MONDAY, MARCH 6, 2023 Page 1 The Duty Judge accuracyread 18.2-56.1 on the official Code of Virginia website. (5) Discharge of any firearm in an entirely indoor target range, provided that adequate provisions are made to retain within the structure all projectiles discharged. <> This law does not distinguish between firearm owners and non-owners who recklessly left the firearms accessible to children. It shall be unlawful for any person in the Town to willfully fire or discharge any gun, pistol or other firearms except in a shooting gallery constructed and operated in accordance with the design criteria and specifications of the National Rifle Association as set forth in the NRA Range Source Book, and further, except where such firing or discharging is done with the written permission of the Town Manager and under the supervision of properly authorized Town personnel. It [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Not Guilty plea to a Class 1 Misdemeanor charge for Carrying a Weapon into the DCA Ronald Reagan Airport under VA Code 18.2-287.01 (a concealed carry permitted firearm that was forgotten in luggage) resulted in a fine and surrender of weapon, no [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor charge for Carrying a Concealed Weapon While Intoxicated under VA Code 18.2-308, and a related Drunk in Public Charge (Va Law 18.2-388, Arlington Code 17-7) were both DROPPED for insufficient evidence. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.
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