Negligence

Negligence occurs when a defendant should have been aware of a substantial and unjustifiable risk.

Related General Principles rules

• Actus Reus RequirementCriminal liability requires a voluntary act or omission when a legal duty to act exists.
• Mens Rea LevelsCommon mens rea standards include purposely, knowingly, recklessly, and negligently.
• Strict Liability OffensesStrict liability offenses require no mens rea for at least one material element.
• Causation: Actual CauseActual cause exists when the defendant’s conduct is a but-for cause of the result.
• Causation: Proximate CauseDefendants are liable for harms that are foreseeable results of their conduct.
• Transferred IntentIntent transfers when the defendant intends harm to one person but harms another.
• Accomplice LiabilityAccomplices are liable for the crimes they intentionally aid or encourage and the foreseeable crimes of the principal.
• Accessory After the FactAn accessory after the fact helps a felon avoid arrest or punishment after the crime is complete.

Part of Criminal Law on Core Legal Rules — foundational MBE-tested principles with primary-source citations.