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Negligently

2 October, 2015 - 17:16

Negligent intent crimes are less culpable than reckless intent crimes and are also less common. The difference between reckless and negligent intent is the defendant’s lacoawareness. While defendants committing negligent intent crimes are also faced with a substantial and unjustifiable risk, they are un aware of it, even though a reasonable person would be. 1 Thus the first prong of the reckless intent test is simply changed from a subjective to objective standard. As the Model Penal Code states, “[a] person acts negligently…when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct”(Model Penal Code § 2.02(2) (d)).