STATE OF MIND -- RECKLESSLY

STATE OF MIND -- RECKLESSLY A person acts recklessly with respect to his conduct when he consciously disregards a substantial and unjustifiable risk that the person’s conduct is of the specified nature. A person acts recklessly with respect to attendant circumstances when he consciously disregards a substantial and unjustifiable risk that such circumstances exist. A person acts recklessly with respect to a result of his conduct when he consciously disregards a substantial and unjustifiable risk that his conduct will cause such a result. A risk is substantial and unjustifiable if, considering the nature and purpose of the person’s conduct and the circumstances known to him, the disregard of the risk involves a gross deviation from the standard of conduct that a law abiding person would observe in the same situation. Commentary See HRS 702-206(3). "The difference between the terms recklessly and negligently, as usually defined, is one of kind, rather than degree." State v. Pinero, 70 Haw. 509, 522 n.7, 778 P.2d 704 (1989). "Each actor creates a risk of harm." Id. (emphasis in original). "The reckless actor is aware of the risk and disregards it; the negligent actor is not aware of the risk but should have been aware of it." Id. (emphasis in original).