T.P.I. -- CRIM. 7.07

CRIMINALLY NEGLIGENT HOMICIDE

            Any person who commits criminally negligent homicide is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1

            (1)  that the defendant's conduct resulted in the death of the alleged

                   victim;

and

            (2)  that the defendant acted with criminal negligence.

            “Criminal negligence” means that a person acts with criminal negligence when the person ought to be aware of a substantial and unjustifiable risk that the alleged victim will be killed.  The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person’s standpoint.2

            The requirement of criminal negligence is also established if it is shown that the defendant acted intentionally, knowingly or recklessly.3

            "Intentionally" means that a person acts intentionally  when it is the person's conscious objective or desire to cause the death of the alleged victim.4

            "Knowingly" means that a person acts with an awareness that [his] [her]

conduct is reasonably certain to cause the death of the alleged victim.5

            “Recklessly” means that a person acts recklessly when the person is aware of, but consciously disregards, a substantial and unjustifiable risk that the alleged victim will be killed.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person’s standpoint.6

FOOTNOTES

  1.  Tenn. Code Ann. § 39-13-212(a).

2.      State v. Page, ___S.W.3d___; No. M2001-01853-CCA-R3-CD (Tenn. Crim.     

      App. April 16, 2002).

  3.  Tenn. Code Ann. § 39-11-301(a)(2).

4.      State v. Page, ___S.W.3d___; No. M2001-01853-CCA-R3-CD (Tenn. Crim. App. April 16,     

      2002).

5.      State v. Page, ___S.W.3d___; No. M2001-01853-CCA-R3-CD (Tenn. Crim.

      App. April 16, 2002).

6.      State v. Page, ___S.W.3d___; No. M2001-01853-CCA-R3-CD (Tenn. Crim. App. April 16, 2002).

COMMENTS

            1.  Criminally negligent homicide is a Class E felony.  Tenn. Code Ann. § 39-13-212(b).

            2.   A violation of Tenn. Code Ann. § 39-15-401, child abuse and neglect, may be a lesser included offense of criminally negligent homicide.  Tenn. Code Ann. § 39-15-401(d).