Section 71-2713. Endangering public health, safety or the environment in the second degree  


Latest version.
  • A person is  guilty  of  endangering  public  health,  safety  or  the
      environment in the second degree when:
        1.  He  knowingly  engages  in  conduct  which causes the release of a
      substance hazardous to public health, safety or the environment and such
      release causes physical injury to any person who is not a participant in
      the crime; or
        2. He knowingly engages in conduct  which  causes  the  release  of  a
      substance  acutely hazardous to public health, safety or the environment
      or the release of a substance which at the time of the conduct he  knows
      to  meet  any  of the criteria set forth in paragraph (b) of subdivision
      one of section 37-0103 of this chapter; or
        3. He knowingly engages in conduct which causes the  release  of  more
      than  one  thousand  five  hundred  gallons  or fifteen thousand pounds,
      whichever is less, of an aggregate  weight  or  volume  of  a  substance
      hazardous to public health, safety or the environment; or
        4.  He  recklessly  engages  in  conduct which causes the release of a
      substance acutely hazardous to public health, safety or the  environment
      and  such  release  causes  physical  injury  to any person who is not a
      participant in the crime; or
        5. He knowingly engages in conduct which causes the  release  of  more
      than  one  hundred gallons or one thousand pounds, whichever is less, of
      an aggregate weight or volume of a substance hazardous to public health,
      safety or the environment and such substance enters water; or
        6. He knowingly or recklessly engages  in  conduct  which  causes  the
      release  of  a  substance  hazardous  to  public  health,  safety or the
      environment and such substance enters a primary water supply.
        Endangering public health, safety or the  environment  in  the  second
      degree is a class D felony.