There is an interesting criminal case out of Stockholm, New York where Shawn Mossow, 25, is charged with shooting a man. Nothing remarkable there, but the victim admits that he begged Mossow to shoot him in the leg to see what it feels like to be shot. That is perfectly legal. Shooting your friend with a .22 caliber rifle is not.
Mossow was charged with reckless endangerment while it is perfectly legal to solicit someone to shoot you. They went for a charge in the first degree. The two options are below.
S 120.20 Reckless endangerment in the second degree.
A person is guilty of reckless endangerment in the second degree when
he recklessly engages in conduct which creates a substantial risk of
serious physical injury to another person.
Reckless endangerment in the second degree is a class A misdemeanor.
S 120.25 Reckless endangerment in the first degree.
A person is guilty of reckless endangerment in the first degree when,
under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which creates a grave risk of death to
Reckless endangerment in the first degree is a class D felony.
The nice thing about reckless endangerment is that there is no defense for consent. This is a difference between criminal law and torts that we often discuss in class. However, it is worth noting that, even in torts, courts routinely ignore consent as a matter of public policy. You generally cannot consent to illegal acts.
Mossow will not be able to use his friend’s invitation as a defense but might be able to use it to mitigate on sentencing. A plea seems like a good idea. The use of the first degree may have been a way to allow for a charge to be pled down. The first degree charge indicates “a grave risk of death to
another person.” Being shot with a .22 in the leg does carry a risk of death if you hit an artery or have some other complication, though it is generally not a life-threatening wound.
Of course, as the Matchbox Twenty song Bright Lights says, they now have “a scar I can talk about.”
Source: KSEE as first seen on Reddit