Which of the following is true about Criminally negligent homicide under VAC?

Which of the following is true about Criminally negligent homicide under VAC?

• A. It requires malicious intent
• B. It is a form of homicide characterized by criminal negligence
• C. It requires intent to kill
• D. It is never charged as a homicide

Answer: (B)

Criminally negligent homicide tests the presence of criminal negligence, not malicious intent or a plan to kill. The key idea is that the defendant’s conduct showed a gross deviation from how a reasonable person would act in the same situation, and that negligent conduct caused someone’s death. Because death results from this extreme negligence, it is charged as homicide even without an intent to kill. The other statements drift away from this understanding: malicious intent isn’t required, there’s no need for an intent to kill, and the offense is indeed charged as homicide when the elements of criminal negligence are met.

Criminally negligent homicide tests the presence of criminal negligence, not malicious intent or a plan to kill. The key idea is that the defendant’s conduct showed a gross deviation from how a reasonable person would act in the same situation, and that negligent conduct caused someone’s death. Because death results from this extreme negligence, it is charged as homicide even without an intent to kill. The other statements drift away from this understanding: malicious intent isn’t required, there’s no need for an intent to kill, and the offense is indeed charged as homicide when the elements of criminal negligence are met.