Delaware Code

11 Del. C. § 604 (2026)

Reckless endangering in the first degree; class E felony

✓ current as of May 2026
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A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person.

Reckless endangering in the first degree is a class E felony.

11 Del. C. 1953, §  604;  58 Del. Laws, c. 497, §  167 Del. Laws, c. 130, §  869 Del. Laws, c. 24, §  270 Del. Laws, c. 186, §  172 Del. Laws, c. 34, §  9
Notes of Decisions
Cited in 22 cases (8 in the last 5 years), 1987–2026 · leading case: Morse v. State, 120 A.3d 1 (Del. 2015).
Morse v. State, 120 A.3d 1 (Del. 2015). “1 11 Del. C. § 604. 2 11 Del. C. § 603. 3 11 Del.”
White v. State, 173 A.3d 78 (Del. 2017). · cites it 3× “White’s convictions for First Degree Reckless Endangering and Possession of a Firearm During the Commission of a Felony shall be vacated and he shall be afforded a new trial on those charges.”
Faircloth v. State, 522 A.2d 1268 (Del. 1987). “§ 604) Two years imprisonment beginning July 6, 1982 b) Reckless Endangering (0037) (11 Del. C. § 604) Two years imprisonment (consecutive) c) Criminal Mischief (0042) (11 Del.”
Grayson v. State (Del. 2019). · cites it 2× “In so doing, we concluded it was possible for a reasonable jury to have found the defendant guilty of second degree reckless endangering 1 11 Del. C. § 604. 2 11 Del. C. § 603(a). 3 173 A.”
State v. White (Del. Super. Ct. 2022). · cites it 2× “§ 783; ten counts of Reckless Endangering in the First Degree, 11 Del. C. § 604; nine counts of Aggravated Menacing, 11 Del.”
State v. Hoskins (Del. Super. Ct. 2022). · cites it 2× “§ 1447A, and three counts of Reckless Endangering First Degree, 11 Del. C. § 604. The jury failed to reach a unanimous verdict on a Murder First Degree count.”
Hastings v. State (Del. 2023). · cites it 2× “”16 During another recess, the court asked about adding “imminent threat” to the substantial risk definition. The following exchange took place with counsel: THE COURT: I looked at a different definition of substantial risk and some of the words they also used were imminent…”
State v. Cabela's Inc. (Del. Super. Ct. 2024). · cites it 2× “42 39 11 Del. C. § 604. 40 11 Del. C. § 1301(1)(f) (emphasis added).”
Urquhart v. State (Del. 2016). “We review the Superior Court’s decision to admit or exclude evidence based on hearsay for abuse of discretion.6 “An abuse of discretion occurs when a court has exceeded the bounds of reason in view of the circumstances, or so ignored recognized rules of law or practice to…”
Davis v. State (Del. 2016). “9 See 11 Del. C. § 604 (“A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person.”
State v. Thomas (Del. Super. Ct. 2018). “1009005841 March 28, 2018 Endangering in the First Degree, 11 Del. C. § 604; one count of Resisting Arrest 11 Del.”
Marsh v. State (Del. 2019). “§ 831 (providing that Robbery Second Degree is a class E felony); 11 Del. C. § 604 (providing that Reckless Endangering First Degree is a class E felony); 21 Del.”
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