Negligent homicide
Criminal law |
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Offense against the person |
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Crimes against property |
Crimes against justice |
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Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Other times, an intentional killing may be negotiated down to this lesser charge as a compromised resolution of a murder case, as might occur in the context of the intentional shooting of an unarmed man after a traffic altercation. Negligent homicide can be distinguished from involuntary manslaughter by its mens rea requirement: negligent homicide requires criminal negligence, while manslaughter requires recklessness.
In the United Kingdom, common law gross negligent manslaughter covers the same conduct as negligent homicide.
United States
In the United States, all states define negligent homicide by statute, often defining the offense as involuntary manslaughter. Negligent homicide may be a lesser included offense to first and second degree murder, as the elements of negligent homicide include elements of those more serious charges.
In some states, negligent homicide charges are possible following the killing of a person while driving under the influence of drugs or alcohol.