Written by attorneys · grounded in primary & secondary sources — see below
An unintentional killing resulting from the defendant's criminal negligence. Criminal negligence consists of a gross deviation from the standard of care a reasonable person would observe in the circumstances, creating a high risk of death or serious bodily harm.
Sources & Authorities
How it applies
Common Examples
6
Unlicensed Gas Line Repair
Nestor Navarro, unlicensed and untrained in gas work, agreed to repair a cracked gas line for a homeowner using only tape and scrap tubing. He knew the method was improper. A week later the line leaked and exploded, killing a neighbor. The death resulted from Navarro's criminal negligence.
Forklift Stunt Without Barriers
Nora Nash approved a live forklift stunt for a reality show after receiving a written safety report warning of probable death. She rejected proposals to add barriers or reduce speed. During the broadcast a forklift struck and killed a contestant. The death resulted from Nash's criminal negligence.
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Common Law
Dictionaries
Nina Nielsen, a city bus driver, angrily slammed the brakes and jerked the bus forward in violation of a traffic ordinance. A standing passenger fell, struck his head, and died. The death resulted from Nielsen's criminal negligence in operating the bus.
Illegal Securities Pitch Overcrowding
Nigel Nelson conducted unauthorized securities sales sessions in an overcrowded rented room. When confronted by a colleague about the illegal activity, Nelson slapped the colleague's phone away and shoved him into a glass partition that shattered, causing fatal lacerations. The death resulted from Nelson's criminal negligence.
Misdemeanor Battery During Confrontation
Nicholas Nunez confronted a colleague about unauthorized sales sessions and slapped the colleague's phone from his hand. The shove sent the colleague backward into a glass partition that shattered, causing fatal blood loss. The death resulted from Nunez's criminal negligence in the confrontation.
Misdemeanor Assault in Office
Nicole Navarro slapped a colleague's phone away and shoved him during a confrontation over illegal sales sessions. The shove propelled the colleague into a glass partition that shattered, causing fatal lacerations. The death resulted from Navarro's criminal negligence during the confrontation.
Common questions
Frequently Asked
4
What distinguishes negligent manslaughter from depraved-heart murder at common law?+
Negligent manslaughter requires only criminal negligence, a gross deviation from reasonable care creating a high risk of death. Depraved-heart murder demands a higher degree of reckless indifference to an unjustifiably high risk to human life.
Supporting sources
Does criminal negligence for manslaughter require a higher degree of fault than civil negligence?+
Yes. Criminal negligence demands a substantially greater deviation from the conduct of a reasonable person than the level of negligence sufficient for civil liability.
Supporting sources
Can an unintentional killing during a misdemeanor support negligent manslaughter?+
No. Negligent manslaughter requires proof of criminal negligence. An unlawful-act killing during a misdemeanor is analyzed under the separate misdemeanor-manslaughter doctrine.
Supporting sources
Is an unlicensed contractor who causes a fatal gas explosion guilty of negligent manslaughter?+
Yes. Undertaking a dangerous repair without training or proper materials constitutes criminal negligence when it creates a foreseeable risk of death and proximately causes the killing.
Supporting sources
421 U.S. 684, 95 S. Ct. 1881, 44 L. Ed. 2d 508 (1975)Evidence
…the single generic offense of felonious homicide into three distinct punishment categories—murder, voluntary manslaughter, and involuntary manslaughter. Only the first two of these categories require that the homicidal act either be intentional or the result of criminally reckless conduct. See State v. Lafferty, supra , at 670-672…