Which statement best states the elements of criminally negligent homicide?

• A. Intent to cause death is required.
• B. The offender perceives the risk and disregards it.
• C. The offender engages in conduct creating a substantial and unjustifiable risk, fails to perceive that risk in a situation with a legal duty of awareness, and causes the death of another.
• D. Death results from a deliberate assault.

Answer: (C)

Criminally negligent homicide rests on the idea of criminal negligence: the defendant’s conduct creates a substantial and unjustifiable risk of death and there is a failure to perceive that risk when there is a duty to do so, and death results. The best statement captures all these elements: the actor’s conduct creates a substantial and unjustifiable risk, there is a duty to perceive that risk in the situation, the defendant fails to perceive it, and the death of another results. This distinguishes criminal negligence from intentional acts (where there is intent to kill) and from recklessness (where the risk is consciously disregarded after perceiving it). It also distinguishes from deliberate assault causing death, which involves an intentional act.