Negligent homicide requires which element?

• A. Absence of due care
• B. Intent to kill
• C. Premeditation
• D. Willful disregard of life

Answer: (A)

At the heart of negligent homicide is absence of due care—the defendant’s conduct falls below the standard of care that a reasonable person would observe in the same situation, and that failure causes the death. No intent to kill is required; the harm comes from carelessness rather than purposeful action. This distinguishes negligent homicide from crimes that require intent or planning: intent to kill points to murder, premeditation points to a higher-degree murder, and willful disregard of life signals recklessness or depraved-indifference charges that involve a more conscious risk-taking than simple negligence. For example, a driver who fails to notice a pedestrian and drives negligently, causing a death, fits negligent homicide because the driver did not exercise the due care a reasonable driver would, even though there was no intent to kill.