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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. [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]
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]