How is "recklessness" defined in the Penal Code?

The definition of "recklessness" in the Penal Code centers on the concept of consciously disregarding a significant risk of harm. This means that an individual is aware of the potential danger their actions pose but chooses to act anyway, demonstrating a substantial deviation from what a reasonable person would do under similar circumstances. Recklessness goes beyond simple carelessness and implies a conscious choice to overlook the dangers associated with one's actions.

This definition emphasizes the mental state of the individual at the time of the act. Different from acting without regard for the law—something that may not directly imply awareness of risk—recklessness involves a level of awareness and disregard. Similarly, neglecting to follow safety protocols and making unintentional mistakes focus on actions that may arise from a lack of diligence or care rather than a conscious decision to ignore a danger. Thus, the essence of recklessness is captured in the conscious awareness of risk and the willful disregard for it.