Most people who grew up with a sibling or two are probably well aware of the wet willy. A four year old boy was acquainted with this disgusting prank while sitting in a business waiting area. According to the report, the boy was with his mother when a homeless man entered the area and sat near him. The man spit on his finger before sticking it in the child’s ear. The mother and employees confronted the man, but he fled the scene. Police were able to catch up with him and he was arrested for Reckless Endangerment.
What is Reckless Endangerment in Larimer County?
In Larimer, Boulder, and Grand County, Reckless Endangerment – C.R.S. 18-3-208 – is defined as:
The law defines ‘serious bodily injury’ as:
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After reading the definition of the crime and it’s elements, it seems very far fetched that this homeless man was charged with Reckless Endangerment. Unless the man carried a deadly disease that could be passed on through saliva to ear contact, there is no way the boy was in harm of serious bodily injury. It was definitely gross, but I’m not so sure it was criminal. The DA will have a really hard time proving the man committed Reckless Endangerment. The facts of the case simply do not meet the elements of the crime. Surprisingly, we see many cases where police and deputy district attorneys try and fit a square peg into a circle hole. They simply don’t know what to charge you with, so they hop you will not get a lawyer who understands their problem.