In criminal negligence, is awareness of risk required?

• A. It requires awareness of risk
• B. It requires intent to harm
• C. It does not require awareness; a gross deviation is enough
• D. It is the same as recklessness

Answer: (C)

Criminal negligence hinges on how far the actor’s conduct falls short of the standard of care expected in the situation, not on whether they knew a risk existed. In criminal negligence, liability can attach even if the person did not realize there was a risk, because the conduct represents a gross deviation from what a reasonable person would do, and that failure to exercise reasonable care causes harm. This differs from recklessness, which involves a conscious awareness of and disregard for a known risk, and from intent to harm, which requires a purposeful desire to cause harm. So awareness of risk is not required; a gross deviation from the standard of care is enough.