Penal Code · §22.05
Deadly Conduct
Elements
- A person
- Recklessly engages in conduct that places another in imminent danger of serious bodily injury; OR
- Knowingly discharges a firearm at or in the direction of one or more individuals; OR knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied
Penalty
Reckless deadly conduct (§22.05(a)): Class A misdemeanor — up to 1 year county jail + up to $4,000 fine (§12.21). Discharge of firearm (§22.05(b)): Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).
Enhancements
If the discharge results in injury or death, charge as Aggravated Assault, Manslaughter, or Murder as appropriate. Pointing a firearm in a manner calculated to alarm constitutes deadly conduct under §22.05(c).