MPC § 210.4: Negligent Homicide

Section 210.4 defines negligent homicide as criminal homicide committed negligently. It is graded as a felony of the third degree. Under the MPC, negligence means the actor should have been aware of a substantial and unjustifiable risk that their conduct would cause death, and the failure to perceive that risk represents a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

Negligent homicide fills an important gap in the MPC's homicide framework. At common law, some jurisdictions recognized involuntary manslaughter for criminally negligent killings, while others required recklessness. The MPC creates a separate, lower-graded category for negligent killings, ensuring that the distinction between recklessness (conscious awareness of risk) and negligence (failure to perceive risk) is clearly reflected in the grading.

The key distinction between manslaughter and negligent homicide under the MPC is the defendant's subjective awareness of risk. If the defendant was consciously aware of the risk of death and disregarded it, the killing is reckless manslaughter. If the defendant should have been aware of the risk but was not, the killing is negligent homicide. This can be a difficult factual determination, and the line between the two often depends on the specific evidence about the defendant's state of mind. The "gross deviation" standard ensures that only serious negligence — not ordinary carelessness — gives rise to criminal liability.