{"id":387343,"date":"2025-12-03T09:24:04","date_gmt":"2025-12-03T14:24:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/?page_id=387343"},"modified":"2025-12-03T09:18:02","modified_gmt":"2025-12-03T14:18:02","slug":"what-is-criminal-negligence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-law-basics\/what-is-criminal-negligence.html","title":{"rendered":"What Is Criminal Negligence?"},"content":{"rendered":"\n
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What Is Criminal Negligence?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Criminal negligence<\/span> refers to conduct that grossly deviates from how a reasonable person<\/span> would act. It’s more serious than a simple mistake, creating a substantial and unjustifiable risk of serious harm. Unlike civil negligence<\/span>, criminal negligence<\/span> can result in criminal charges like involuntary manslaughter<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Negligence is most often seen in civil cases, such as when a driver fails to signal or a grocery store employee forgets to put out a \u201cwet floor\u201d sign. Civil negligence<\/span> involves a breach of duty and a failure to use due care. It occurs when an individual\u2019s conduct goes beyond ordinary negligence<\/span>. Criminally negligent<\/span> acts are a gross deviation<\/span> from reasonable behavior.<\/p>\n

Federal and state courts<\/span> define criminal negligence<\/span> as conduct that deviates grossly from the\u00a0standard of care<\/span>\u00a0a\u00a0reasonable person<\/span>\u00a0would exercise, thereby\u00a0creating a substantial and unjustifiable risk of harm. In this article, we\u2019ll explain how negligence standards differ in criminal law<\/span> versus civil cases. We’ll also provide some examples of charges that rely on criminal negligence<\/span> to establish culpability<\/span>.<\/p>\n

Criminal negligence<\/span> standards can vary from one jurisdiction to another. Some states use Model Penal Code<\/span> definitions, while others have their own standards. If you\u2019re facing a criminal charge, it\u2019s important to consult a local criminal defense attorney<\/span><\/a>, who can explain the charges and standards of proof.<\/p>\n

Elements of Criminal Negligence<\/span><\/h2>\n

Ordinary negligence<\/span><\/a> has four basic elements. The negligent party has a legal duty to act in a certain way towards the plaintiff and breaches that duty. The result of the breach causes the plaintiff an injury, which may be physical or monetary.<\/p>\n

Criminal negligence<\/span> shares the same elements, but adds a \u201cgross deviation<\/span>\u201d from the normal standard that justifies criminal responsibility<\/span>:<\/p>\n