In New York law, what describes Recklessness?

• A. ∆ is aware of a substantial and unjustifiable risk, and consciously disregards it
• B. ∆ should have been aware of a risk
• C. ∆ desires to achieve a result
• D. ∆ is aware of a risk but does not consider consequences

Answer: (A)

Recklessness in New York law is a mental state where the defendant is aware of a substantial and unjustifiable risk and consciously disregards it. This means the person does not intend the harmful result, but they know the risk and still take actions or fail to act in a way that shows a deliberate disregard for that risk. The phrases “substantial and unjustifiable” and “consciously disregards” are key: the risk must be significant and not acceptable, and there must be a deliberate choice to ignore it. That combination distinguishes recklessness from mere negligence (where the risk should have been known but isn’t consciously disregarded) and from intent (where the person desires the outcome). The alternative descriptions either describe negligence or intent or capture only part of the required mental state without the explicit conscious disregard of a substantial risk.