Is Russian Roulette Legal? What US Criminal Law Says About Reckless Gun Games

Last reviewed: October 3, 2026. This article is general information, not legal advice. Criminal laws differ by state; check your state's statute or speak to a criminal defense lawyer.

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People search this question for all sorts of reasons: a scene in a film, a news story, an argument with a friend. This page sticks to the legal side.

Short answer: there is no US law that names "Russian roulette" as a separate crime, but that doesn't make it legal. Pointing a loaded gun at another person and pulling the trigger is exactly the kind of conduct that general criminal laws cover: reckless endangerment if no one is hurt, and manslaughter or murder if someone dies. Agreement from the other person is not a defense, and people who encourage it or supply the gun can face charges too.

The key legal idea: recklessness

Most of the crimes involved turn on recklessness. New York's definition is typical: a person acts recklessly when they are "aware of and consciously disregards a substantial and unjustifiable risk" that a harmful result will happen (Penal Law § 15.05).

It's hard to think of a clearer example of consciously disregarding a risk than a game whose whole point is that a gun might fire. That's why courts and prosecutors don't need a special "Russian roulette" law.

Crimes that can apply

If no one is hurt: reckless endangerment

• First degree (NY § 120.25): reckless conduct that creates a grave risk of death to another person, with "depraved indifference to human life". A class D felony.
• Second degree (NY § 120.20): recklessly engaging "in conduct which creates a substantial risk of serious physical injury to another person". A class A misdemeanor. Read § 120.20.

If someone dies: manslaughter or murder

• Manslaughter. New York's manslaughter in the second degree covers a person who "recklessly causes the death of another person", a class C felony (§ 125.15). Federal law, which applies in places like federal land, defines involuntary manslaughter to include a death caused "without due caution and circumspection" in an act "which might produce death" (18 U.S.C. § 1112).
• Murder. When recklessness is extreme, it can be murder even without an intent to kill, often called "depraved heart" murder. The classic case is Commonwealth v. Malone, 354 Pa. 180 (1946), in which the Pennsylvania Supreme Court upheld a 17-year-old's second-degree murder conviction after his 13-year-old friend died during a version of the game.

Encouraging or helping someone else

The same New York manslaughter statute also covers anyone who "intentionally causes or aids another person to commit suicide". Other states have their own assisted-suicide or related offenses. Depending on the facts, someone who dares, pressures or supplies the weapon could face criminal charges, as well as a civil lawsuit from the family.

Firearms laws

Gun laws can add charges on top. For example, federal law makes it unlawful to transfer a handgun or handgun-only ammunition to someone the transferor knows or has reason to believe is a juvenile, with limited exceptions (18 U.S.C. § 922(x)). Many states also have their own rules on safe storage, children's access to guns and reckless handling of firearms.

Common misunderstandings

• "It's only a crime if someone dies." No. Reckless endangerment is about the risk you create, not the outcome.
• "They agreed, so it's their choice." Consent does not turn a reckless killing into a lawful one.
• "I only watched." Being present alone is usually not a crime, but encouraging, organizing or supplying the gun can be.
• "It's just a game." The law looks at the conduct, not what it's called.

If this is about more than curiosity

If you're asking because you or someone close to you is thinking about risking their life, you don't have to work through it alone. Call or text 988 in the US, any time. If a friend has mentioned it, it's okay to ask them directly whether they're thinking about suicide, stay with them, and help them connect to 988 or emergency services.

Sources

• New York Penal Law § 15.05 (culpability definitions): nysenate.gov
• New York Penal Law § 120.20 (reckless endangerment, second degree): nysenate.gov
• New York Penal Law § 120.25 (reckless endangerment, first degree): nysenate.gov
• New York Penal Law § 125.15 (manslaughter, second degree): nysenate.gov
• 18 U.S.C. § 1112 (federal manslaughter): Cornell LII
• 18 U.S.C. § 922 (unlawful acts, including subsection (x) on juveniles and handguns): Cornell LII
• Commonwealth v. Malone, 354 Pa. 180, 47 A.2d 445 (1946): Wikipedia summary
• 988 Suicide & Crisis Lifeline: 988lifeline.org