Negligent homicide

Homicide caused by the negligence of another

Part of a series on

Homicide
Murder

Note: Varies by jurisdiction

* Assassination
* Attempted murder
* Child murder
* Consensual homicide
* Contract killing
* Crime of passion
* Depraved-heart murder
* Felony murder rule
* Foeticide
* Honor killing
* Human cannibalism
* Child cannibalism
* Human sacrifice
* Child sacrifice
* Internet homicide
* Lonely hearts killer
* Lust murder
* Lynching
* Mass murder
* Mass shooting
* Mass stabbing
* Misdemeanor murder
* Murder for body parts
* Murder–suicide
* Poisoning
* Proxy murder
* Pseudocommando
* Serial killer
* Angel of mercy
* Spree killer
* Thrill killing
* Torture murder
* Vehicle-ramming attack
* Wrongful execution
* Judicial murder

Manslaughter

* In English law
* Voluntary manslaughter
* Negligent homicide
* Vehicular homicide

Non-criminal homicide

Note: Varies by jurisdiction

* War
* Assisted suicide
* Capital punishment
* Euthanasia
* Foeticide
* Justifiable homicide
* "License to kill"

Family

* Avunculicide/Nepoticide
* Familicide
* Mariticide
* Uxoricide
* Prolicide
* Filicide
* Infanticide
* Neonaticide
* Siblicide
* Fratricide
* Sororicide
* Parricide
* Matricide
* Patricide
* Senicide

Other

* Crucifixion
* Deicide
* Democide
* Friendly fire
* Gendercide
* Femicide
* Androcide
* Genocide
* Omnicide
* Regicide
* Stoning
* Suspicious death
* Tyrannicide
* War crime

* v
* t
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Criminal law
Elements

* Actus reus
* Mens rea
* Causation
* Concurrence

Scope of criminal liability

* Accessory
* Accomplice
* Complicity
* Corporate
* Principal
* Vicarious

Severity of offense

* Felony (or Indictable offense)
* Infraction (also called violation)
* Misdemeanor (or Summary offense)

Inchoate offenses

* Attempt
* Conspiracy
* Incitement
* Solicitation

Offense against the person

* Assassination
* Assault
* Battery
* Child abuse
* Criminal negligence
* Domestic violence
* False imprisonment
* Frameup
* Harassment
* Home invasion
* Hate crime
* Homicide
* Human trafficking
* Intimidation
* Kidnapping
* Menacing
* Manslaughter (corporate)
* Mayhem
* Murder
* felony
* Preterintention
* Homicide
* Negligent homicide
* Robbery
* Stalking
* Stabbing
* Torture

Sexual offenses

* Adultery
* Bigamy
* Child sexual abuse
* Cybersex trafficking
* Fornication
* Homosexuality
* Incest
* Indecent exposure
* Masturbation
* Obscenity
* Prostitution
* Rape
* Pederasty
* Sex trafficking
* Sexual assault
* Sexual slavery
* Voyeurism

Crimes against property

* Arson
* Arms trafficking
* Blackmail
* Bribery
* Burglary
* Cybercrime
* Embezzlement
* Extortion
* False pretenses
* Forgery
* Fraud
* Gambling
* Intellectual property violation
* Larceny
* Looting
* Payola
* Pickpocketing
* Possessing stolen property
* Robbery
* Smuggling
* Tax evasion
* Theft
* Trespass to land
* Vandalism, Mischief

Crimes against justice

* Compounding
* Malfeasance in office
* Miscarriage of justice
* Misprision
* Obstruction
* Perjury
* Perverting the course of justice

Crimes against the public

* Apostasy
* Begging
* Corruption
* Censorship violation
* Dueling
* Genocide
* Hostage-taking
* Ethnic cleansing
* Smuggling
* Illegal consumption (such as prohibition of drugs, alcohol, and smoking)
* Miscegenation
* Piracy
* Regicide
* Terrorism
* Usurpation
* War crimes

Crimes against animals

* Cruelty to animals
* Poaching
* Wildlife smuggling
* Bestiality

Crimes against the state

* Lèse-majesté
* Treason
* Espionage
* Secession
* Sedition
* Subversion

Defenses to liability

* Actual innocence
* Automatism
* Consent
* Defense of property
* Diminished responsibility
* Duress
* Entrapment
* Ignorantia juris non excusat
* Infancy
* Insanity
* Justification
* Mistake (of law)
* Necessity
* Provocation
* Self-defense

Other common-law areas

* Contracts
* Defenses
* Evidence
* Property
* Torts
* Wills, trusts and estates

Portals

* Law

* v
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* e

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.[1] Negligent homicide can be distinguished from involuntary manslaughter by its mens rea requirement: negligent homicide requires criminal negligence, while manslaughter requires recklessness.[2]

In the United Kingdom, common law gross negligent manslaughter covers the same conduct as negligent homicide.[3]

## United States

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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,[4] 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.[5][6]

## Notable cases

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The crash of Aeroperú Flight 603 near Lima, Peru resulted in a negligent homicide conviction. An employee had left a piece of duct tape over the static ports on the bottom side of the fuselage while cleaning, which caused the crash. He was charged with and convicted of negligent homicide.[7]

The death of Anneliese Michel, a German woman with epileptic psychosis who died of malnutrition while undergoing an extensive series of exorcism rites, resulted in negligent homicide convictions against her parents and two priests.

The train crash in Kamensk-Shakhtinsky rail disaster in the USSR, killing 106 people, was caused by the criminal negligence of two railroad mechanics who failed to check the brakes of a freight train properly.

## See also

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* Depraved-heart murder
* Moral luck

## References

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1. ^ "Man who shot and killed motorist pleads guilty to lesser charge". Archived from the original on 2015-09-29. Retrieved 2015-09-28.
2. ^ Model Penal Code § 210.3-4 (Am. Law Inst., 2007).
3. ^ "Gross Negligence Manslaughter | The Crown Prosecution Service". www.cps.gov.uk. Retrieved 2024-01-01.
4. ^ See, e.g., "Saunders v. State, 840 SW 2d 390 (Tex.Crim.App.1992)". Google Scholar. Retrieved 9 September 2017.
5. ^ Futty, John (6 October 2013). "Vehicular homicide sentences not harsh enough, say victims' families". The Columbus Dispatch. Retrieved 9 September 2017.
6. ^ Collins, Chris (16 November 2016). "Halfway man gets 7 years for drunk driving and manslaughter". Baker City Herald. Archived from the original on 10 September 2017. Retrieved 9 September 2017.
7. ^ "World News Briefs; $29 Million for Victims Of 1996 Peru Air Crash". New York Times. Reuters. 22 January 1988. Retrieved 9 September 2017.

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