The definition of wanton conduct.

• A. Intentional harm to others.
• B. Creating a risk while being aware of it, including situations involving intoxication.
• C. Failing to act when there is a duty.
• D. Acting without any consideration of risk.

Answer: (B)

In Kentucky, wanton conduct means a conscious disregard of a substantial and unjustifiable risk. It isn’t about actually intending to harm, but about knowing there is a risk and proceeding anyway. The option that says you create a risk while being aware of it captures this mindset, and it notes that intoxication does not erase that awareness. This is why wanton conduct falls between intentional harm and mere negligence: there is awareness of risk and a voluntary choice to ignore it.

Why the other ideas don’t fit as well: intentional harm requires a purpose to cause harm, which goes beyond wanton conduct. Failing to act when there is a duty describes an omission, not taking action that creates and ignores risk. Acting without considering risk can resemble recklessness or negligence, but wanton conduct specifically requires a known risk and conscious disregard of it, not just a lack of risk consideration.