• 2006 - Negligent Homicide(Negligently Causes Death)
  • K-6.30
    • Homicide
    • Homicide
    • Motor Vehicles

  • [If you find the Defendant not guilty of the crime of Manslaughter, then you must consider whether the Defendant is guilty of the crime of Negligent Homicide, an offense that is necessarily included in the offense charged.]

     

    A person who negligently causes the death of another human being is guilty of "Negligent Homicide."

     

    ESSENTIAL ELEMENTS OF INCLUDED OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, caused the death of _______________, a human being;

     

    2) The Defendant engaged in the conduct, which caused the death of said _______________ in unreasonable disregard of the substantial likelihood of the existence of relevant facts or risks, a disregard involving a gross deviation from acceptable standards of conduct[.] [;and]

     

    [3) The Defendant did not act in self-defense.] DEFINITIONS A person engages in conduct "negligently" if the person engages in the conduct in unreasonable disregard of a substantial likelihood of the existence of relevant facts or risks, a disregard involving a gross deviation from acceptable standards of conduct.


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    • 12.1-16-03
    • 12.1-05
    • 12.1-02-02(1)(d)
    • State v. Leidholm, 334 NW2d 811 (ND 1983)
    • State v. Schlickenmayer, 334 NW2d 195 (ND 1983)
    • State v. Skjonsby, 319 NW2d 764 (ND 1982)
  • Notes: Negligent Homicide is not limited to motor vehicle homicides; it covers any homicide caused "negligently." The bracketed language of the first paragraph should be omitted if the Defendant is not charged with Manslaughter. If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 3.