What is criminal negligence?

• A. When a person fails to perceive a substantial and unjustifiable risk that a particular result will occur
• B. When a person acts with intent to harm
• C. When a person is unaware of any risk
• D. When a person knowingly disregards a risk

Answer: (A)

Criminal negligence means failing to perceive a substantial and unjustified risk that a particular result will occur. This involves not meeting the standard of care a reasonable person would observe in the same situation, where the risk is significant enough that a prudent person would recognize and act to avoid harm. It’s not about an intent to harm or about simply being unaware of any risk. Nor is it about knowingly disregarding a risk; that would be closer to recklessness, where a person is aware of the risk and consciously chooses to ignore it. So the key idea is a gross failure to recognize a clearly substantial and unjustified risk that a harmful result will occur.