How have courts interpreted the common law in determining liability under section 368(a)?

19 Although there are no common law crimes in this state (see 6), we are free to look to the common law to supply the requisite certainty to an existing statute. (See People v. Kelly (1992) 1 Cal.4th 495, 534, 3 Cal.Rptr.2d 677, 822 P.2d 385.)

20 Finally, the interpretation we give to the statute is not only fully consistent with, but an integral component of, the judicially imposed requirement that liability under section 368(a) may only arise when the defendant's conduct is found to be criminally negligent. (See People v. Manis, supra, 10 Cal.App.4th at p. 114, 12 Cal.Rptr.2d 619 [criminal negligence arises from gross violation of preexisting duty of care].)