California, United States of America
The following excerpt is from People v. Bonadie, G050684 (Cal. App. 2016):
187 Cal.App.4th at p. 1008.) This culpable lack of awareness is sometimes described as criminal negligence. "'"[C]riminal negligence"' exists when the defendant engages in conduct that is '"aggravated, culpable, gross, or reckless"'; i.e., conduct that is '"such a departure from what would be the conduct of an ordinarily prudent or careful man under the same circumstances as to be incompatible with a proper regard for human life, or, in other words, a disregard of human life or an indifference to consequences."'" (Ibid.) Thus, "if the defendant commits an act which endangers human life without realizing the risk involved, he is guilty of [involuntary] manslaughter, whereas if he realized the risk and acted in total disregard of the danger, he is guilty of murder based on implied malice." (People v. Cleaves (1991) 229 Cal.App.3d 367, 378 (Cleaves).)
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