Criminal negligence occurs when an individual acts carelessly or recklessly in a way that results in harm or danger to others. Unlike intentional crimes, criminal negligence focuses on the failure to act with reasonable care or caution. It is a legal concept used when someone’s lack of care causes injury or death, and their actions deviate significantly from what an average person would consider responsible or prudent.
A person may be charged with criminal negligence if they fail to foresee or prevent a risk that they should reasonably have been aware of, and this results in harm to another person. Criminal negligence charges can apply in cases such as vehicular manslaughter, child endangerment, and workplace accidents. The penalties for criminal negligence vary depending on the severity of the harm caused, state laws, and the specific circumstances of the case.
Criminal Negligence Laws
In criminal negligence cases, the prosecution must prove that the defendant’s actions were so reckless that they created a significant risk of harm, and that a reasonable person in a similar situation would have recognized this risk and acted differently.
For example, in the context of a vehicular accident, a driver may be charged with criminal negligence if they were speeding in a school zone or driving under the influence, leading to a fatal accident. In some states, criminal negligence can also apply in cases of child endangerment, such as when a caregiver fails to provide proper care or supervision.
In recent years, states have been refining their criminal negligence laws to more clearly define the scope of negligent behavior and the associated penalties. This can include tougher sentencing guidelines for cases involving repeat offenders or significant harm.
Criminal Negligence Statute of Limitations
The statute of limitations for criminal negligence varies by state and typically depends on the severity of the offense. For misdemeanor criminal negligence, the statute of limitations is generally shorter, often ranging from one to three years. However, for felony criminal negligence, especially in cases involving serious harm or death, the statute of limitations can extend to several years, often between five and ten years. In some states, if the criminal negligence results in death, there may be no statute of limitations, allowing prosecution at any time. Each state has its own specific rules governing these time frames.
Criminal Negligence Sentencing Guidelines
The penalties for criminal negligence can include fines, imprisonment, probation, community service, and other legal consequences. The specific penalties depend on the state’s legal framework, as well as the severity of the offense and the degree of harm caused.
In some cases, criminal negligence may result in misdemeanor charges, which could carry lighter sentences such as fines and probation. In more severe cases, such as vehicular manslaughter, criminal negligence can lead to felony charges, which may result in significant prison sentences. Repeat offenders may face even harsher penalties.
Some examples of criminal negligence sentencing guidelines across various states include:
- Up to one year in jail for misdemeanors
- Fines ranging from $500 to $10,000
- Several years in prison for felony charges
- Probation periods of up to five years
Criminal Negligence Cases
Some notable examples of criminal negligence include:
- A parent who leaves a child in a hot car, resulting in the child’s death
- A contractor who fails to follow safety regulations, leading to a worker’s injury or death
- A driver who texts while driving and causes a fatal accident
In such cases, the courts look at the extent of carelessness and the level of harm caused. Depending on the outcome, defendants may face serious penalties and long-lasting legal consequences.
Criminal Negligence Laws & Statute of Limitations By State
Criminal negligence laws differ significantly by state. Below are some examples of criminal negligence statutes and penalties across the U.S.:
Alabama
Under Alabama Code Section 13A-6-4:
- Criminal negligence can result in up to one year in jail for misdemeanors and up to 10 years for felonies.
- The statute of limitations is 3 years.
Alaska
Under Alaska Stat. Section 11.41.130:
- Criminal negligence that results in death can lead to fines up to $50,000 and imprisonment for up to 20 years.
- The statute of limitations is 5 years.
Arizona
Under Arizona Revised Statutes Section 13-1102:
- Criminal negligence is classified as a Class 4 felony, carrying penalties of up to 3.75 years in prison.
- The statute of limitations is 7 years.
Arkansas
Under Arkansas Code Annotated Section 5-10-105:
- Criminally negligent homicide can result in imprisonment for up to six years and fines up to $10,000.
- The statute of limitations is 3 years.
California
Under California Penal Code Section 192(b):
- Criminal negligence that results in involuntary manslaughter can lead to up to four years in state prison.
- The statute of limitations is 3 years.
Colorado
Under Colorado Revised Statutes Section 18-3-105:
- Criminal negligence causing death is a Class 5 felony, punishable by up to three years in prison and fines up to $100,000.
- The statute of limitations is 5 years.
Connecticut
Under Connecticut General Statutes Section 53a-56:
- Criminal negligence resulting in manslaughter can lead to up to 10 years in prison and fines up to $10,000.
- The statute of limitations is 5 years.
Delaware
Under Delaware Code Title 11, Section 632:
- Criminally negligent homicide is a Class D felony, with potential imprisonment of up to eight years.
- The statute of limitations is 5 years.
Florida
Under Florida Statutes Section 782.07:
- Criminal negligence leading to manslaughter can result in up to 15 years in prison and fines up to $10,000.
- The statute of limitations is 4 years.
Georgia
Under Georgia Code Section 16-5-3:
- Involuntary manslaughter due to criminal negligence is a felony with penalties including up to 10 years in prison.
- The statute of limitations is 4 years.
Hawaii
Under Hawaii Revised Statutes Section 707-704:
- Negligent homicide in the second degree carries penalties of up to five years in prison and fines up to $10,000.
- The statute of limitations is 6 years.
Idaho
Under Idaho Code Section 18-4006:
- Criminal negligence resulting in manslaughter is punishable by up to 10 years in prison.
- The statute of limitations is 5 years.
Illinois
Under Illinois Compiled Statutes 720 ILCS 5/9-3:
- Criminally negligent homicide is punishable by up to 14 years in prison and fines up to $25,000.
- The statute of limitations is 3 years.
Indiana
Under Indiana Code Section 35-42-1-4:
- Criminal negligence resulting in death can lead to six to 20 years in prison.
- The statute of limitations is 5 years.
Iowa
Under Iowa Code Section 707.6A:
- Criminally negligent vehicular homicide carries penalties of up to 10 years in prison.
- The statute of limitations is 5 years.
Kansas
Under Kansas Statutes Section 21-5405:
- Involuntary manslaughter due to criminal negligence is a Level 5 felony, punishable by up to 13 years in prison.
- The statute of limitations is 5 years.
Kentucky
Under Kentucky Revised Statutes Section 507.050:
- Criminally negligent homicide is a Class D felony, carrying penalties of one to five years in prison.
- The statute of limitations is 5 years.
Louisiana
Under Louisiana Revised Statutes Section 14:32:
- Negligent homicide can lead to up to five years in prison and fines of up to $5,000.
- The statute of limitations is 6 years.
Maine
Under Maine Revised Statutes Title 17-A, Section 203:
- Criminally negligent manslaughter carries penalties of up to 30 years in prison and fines up to $50,000.
- The statute of limitations is 6 years.
Maryland
Under Maryland Criminal Law Section 2-210:
- Criminal negligence resulting in death is a felony, punishable by up to five years in prison and fines up to $5,000.
- The statute of limitations is 5 years.
Massachusetts
Under Massachusetts General Laws Chapter 265, Section 13:
- Criminal negligence resulting in involuntary manslaughter can result in up to 20 years in prison.
- The statute of limitations is 6 years.
Michigan
Under Michigan Compiled Laws Section 750.321:
- Negligent homicide carries penalties of up to 15 years in prison.
- The statute of limitations is 6 years.
Minnesota
Under Minnesota Statutes Section 609.205:
- Criminally negligent homicide is a felony with penalties of up to 10 years in prison and fines up to $20,000.
- The statute of limitations is 5 years.
Mississippi
Under Mississippi Code Section 97-3-47:
- Negligent manslaughter can result in up to 20 years in prison.
- The statute of limitations is 5 years.
Missouri
Under Missouri Revised Statutes Section 565.024:
- Involuntary manslaughter due to criminal negligence is a Class C felony, punishable by up to seven years in prison.
- The statute of limitations is 5 years.
Montana
Under Montana Code Annotated Section 45-5-104:
- Negligent homicide carries penalties of up to 20 years in prison and fines up to $50,000.
- The statute of limitations is 5 years.
Nebraska
Under Nebraska Revised Statutes Section 28-305:
- Criminal negligence resulting in death can lead to 20 years in prison and fines up to $25,000.
- The statute of limitations is 5 years.
Nevada
Under Nevada Revised Statutes Section 484B.657:
- Criminally negligent vehicular homicide is punishable by up to six years in prison and fines up to $5,000.
- The statute of limitations is 4 years.
New Hampshire
Under New Hampshire Revised Statutes Section 630:3:
- Negligent homicide is punishable by up to seven years in prison.
- The statute of limitations is 5 years.
New Jersey
Under New Jersey Statutes Section 2C:11-5:
- Vehicular homicide due to criminal negligence can result in up to 10 years in prison.
- The statute of limitations is 5 years.
New Mexico
Under New Mexico Statutes Section 30-2-3:
- Negligent homicide is a fourth-degree felony, punishable by up to 18 months in prison.
- The statute of limitations is 4 years.
New York
Under New York Penal Law Section 125.10:
- Criminal negligence resulting in death is punishable by up to four years in prison.
- The statute of limitations is 5 years.
North Carolina
Under North Carolina General Statutes Section 14-18:
- Involuntary manslaughter due to criminal negligence is a Class F felony, carrying penalties of up to 10 years in prison.
- The statute of limitations is 5 years.
North Dakota
Under North Dakota Century Code Section 12.1-16-03:
- Criminal negligence resulting in death is a Class C felony, punishable by up to five years in prison and fines up to $10,000.
- The statute of limitations is 5 years.
Ohio
Under Ohio Revised Code Section 2903.06:
- Criminal negligence causing death is a third-degree felony, with penalties of up to five years in prison.
- The statute of limitations is 6 years.
Oklahoma
Under Oklahoma Statutes Section 21-711:
- Criminally negligent homicide can result in up to 15 years in prison.
- The statute of limitations is 5 years.
Oregon
Under Oregon Revised Statutes Section 163.125:
- Criminally negligent homicide carries penalties of up to 10 years in prison.
- The statute of limitations is 5 years.
Pennsylvania
Under Pennsylvania Consolidated Statutes Section 2504:
- Negligent manslaughter is a second-degree felony, punishable by up to 10 years in prison.
- The statute of limitations is 5 years.
Rhode Island
Under Rhode Island General Laws Section 11-23-1:
- Criminal negligence resulting in death can lead to up to 10 years in prison.
- The statute of limitations is 3 years.
South Carolina
Under South Carolina Code Section 16-3-60:
- Criminally negligent homicide can result in up to five years in prison.
- The statute of limitations is 5 years.
South Dakota
Under South Dakota Codified Laws Section 22-16-20:
- Negligent homicide is punishable by up to 10 years in prison.
- The statute of limitations is 5 years.
Tennessee
Under Tennessee Code Annotated Section 39-13-212:
- Criminally negligent homicide is a Class E felony, carrying penalties of one to six years in prison.
- The statute of limitations is 4 years.
Texas
Under Texas Penal Code Section 19.05:
- Criminal negligence leading to death is a state jail felony, punishable by up to two years in state jail.
- The statute of limitations is 5 years.
Utah
Under Utah Code Section 76-5-206:
- Criminal negligence resulting in death is a second-degree felony, carrying penalties of up to 15 years in prison.
- The statute of limitations is 4 years.
Vermont
Under Vermont Statutes Title 13, Section 2304:
- Criminally negligent homicide can lead to up to 15 years in prison.
- The statute of limitations is 5 years.
Virginia
Under Virginia Code Section 18.2-36:
- Involuntary manslaughter due to criminal negligence can result in up to 10 years in prison.
- The statute of limitations is 5 years.
Washington
Under Revised Code of Washington Section 9A.32.070:
- Criminal negligence causing death is punishable by up to five years in prison.
- The statute of limitations is 6 years.
West Virginia
Under West Virginia Code Section 61-2-5:
- Negligent manslaughter is punishable by up to 10 years in prison.
- The statute of limitations is 5 years.
Wisconsin
Under Wisconsin Statutes Section 940.08:
- Criminal negligence resulting in death carries penalties of up to 10 years in prison.
- The statute of limitations is 6 years.
Wyoming
Under Wyoming Statutes Section 6-2-105:
- Negligent homicide is punishable by up to 20 years in prison.
- The statute of limitations is 5 years.