What is the test for reckless disregard in a criminal case?

For example, in United States v. Rodriguez , 790 F.3d 951 (9th Cir. 2015), we turned to Farmer and the Model Penal Code to determine the meaning of "reckless disregard" in the case of a criminal statute requiring proof of a willful attempt to interfere with the operator of an aircraft, with either the intent to endanger others or reckless disregard for human life. Id. at 953 (describing a violation of 18 U.S.C. 32(a)(5) and (8) ). As we explained,

[880 F.3d 1161]

Id. at 958 (alterations in original) (emphasis added) (citations omitted). Thus, we reiterated the subjective requirement that the defendant must be aware of the risk his conduct created , although the nature of the risk is measured by an objective standard, that is, "its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation." Id. (quoting United States v. Albers , 226 F.3d 989, 995 (9th Cir. 2000) ).