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Reckless or Negligent Involuntary Manslaughter

7 October, 2015 - 10:02

States and the federal government also criminalize recklesor negligeninvoluntary manslaughter. 1 Reckless or negligent involuntary manslaughter is a more common form of manslaughter than misdemeanor manslaughter. The Model Penal Code defines reckless homicide as manslaughter and a felony of the second degree (Model Penal Code § 210.3). The Model Penal Code defines negligent homicide as a felony of the third degree (Model Penal Code § 210.4).

Reckless involuntary manslaughter is a killing supported by the criminal intent element of recklessness. Recklessness means that the defendant iawarof a risk of death but acts anyway. Negligent involuntary manslaughter is a killing supported by the criminal intent element of negligence. Negligence means that the defendant shoulbe awareof a risk of death, but is not. This category includes many careless or accidental deaths, such as death caused by firearms or explosives, and a parent’s failure to provide medical treatment or necessities for his or her child. Reckless and negligent criminal intent is discussed in detail in .

As stated in , reckless or negligent involuntary manslaughter is often similar to second-degree depraved heart murder. If the prosecution charges the defendant with both crimes, the trier of fact determines which crime is appropriate based on the attendant circumstances.