New York Penal Law 125.10 Criminally Negligent Homicide

New York Penal Law 125.10 covers the crime of criminally negligent homicide. This law makes it illegal to cause the death of another person through criminal negligence. Criminally negligent homicide is a class E felony in New York and carries a potential prison sentence of up to 4 years.

This article will provide an overview of NY Penal Law 125.10, explain what constitutes criminal negligence, discuss sentences and defenses, and look at some examples. We’ll also link to relevant laws and articles to learn more.

Overview of NY Penal Law 125.10

According to New York Penal Law 125.10, a person is guilty of criminally negligent homicide when, with criminal negligence, they cause the death of another person.

Some key points about criminally negligent homicide under NY law:

• It is a class E felony
• Potential prison sentence is up to 4 years
• Does not require intent to kill, only criminal negligence resulting in death
• Defendant’s negligence must be the direct cause of death

Criminally negligent homicide differs from other homicide charges like murder, manslaughter, or vehicular homicide. Those crimes require a higher level of intent or recklessness. But for criminally negligent homicide, the negligence just has to rise to the level of criminal negligence.

What is Criminal Negligence?

To be guilty of criminally negligent homicide, the defendant’s actions have to meet the standard of criminal negligence defined under New York Penal Law Section 15.05(4):

A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

So the defendant’s actions have to involve a substantial and unjustifiable risk of death to the victim. And failing to perceive that risk must be a major departure from what a reasonable person would have done.

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Legal Scenario: What Would You Do?

Scenario

You were texting while driving and ran a red light, striking and killing a pedestrian in a crosswalk. The police have informed you that you are being investigated for criminally negligent homicide under New York Penal Law 125.10.

What does the prosecution need to prove to convict me of criminally negligent homicide, and what kind of sentence am I facing?

Attorney's Answer

Under New York Penal Law 125.10, the prosecution must prove that you caused the death of another person through criminal negligence — meaning you failed to perceive a substantial and unjustifiable risk that your conduct would cause death, and that failure represents a gross deviation from the standard of care a reasonable person would observe. Criminally negligent homicide is classified as a class E felony, which carries a maximum sentence of up to 4 years in state prison. However, as a non-violent class E felony, alternatives such as probation or a split sentence may be available depending on your criminal history. An experienced defense attorney may also challenge whether your conduct truly rose to the level of criminal negligence as opposed to ordinary negligence, which is a critical distinction that can mean the difference between a felony conviction and no criminal liability at all.

This is general information only. Contact us for advice specific to your situation.

This is a higher level of negligence than civil negligence or tort liability. It has to be much more than just carelessness or not being as cautious as you should be. The actions have to disregard risks so much that it is a gross deviation from reasonable care.

Examples of Criminal Negligence

Here are some examples of behavior that could potentially lead to criminally negligent homicide charges:

• Improperly storing firearms or leaving loaded guns accessible to children
• Letting an infant sleep in an unsafe sleep environment like an adult bed
• Leaving young children home alone unattended
• Giving someone medication without proper dosage information
• Allowing someone to operate dangerous machinery while extremely impaired