Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class A misdemeanor. (b) The offense of criminal recklessness as defined in subsection (a) is: (1) a Level 6 felony if: (A) it is committed while armed with a deadly weapon; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in serious bodily injury to another person; or (2) a Level 5 felony if: (A) it is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in the death or catastrophic injury of another person. (c) A person who: (1) is a passenger in a vehicle whose operator has committed an offense under subsection (a) or (b); and (2) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present; commits criminal recklessness, a Level 6 felony. It is not a defense to a prosecution under this section that the operator of the motor vehicle has not been charged with or convicted of an offense under this section.
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