What is the criminal negligence standard for criminal negligence in a case involving a young girl?

California, United States of America


The following excerpt is from People v. Comeau, E063906 (Cal. App. 2016):

ordinarily careful person would act in the same situation; [] 2. The person's acts amount to disregard for human life or indifference to the consequences of his or her acts; [] AND [] 3. A reasonable person would have known that acting in that way would naturally and probably result in harm to others." (CALCRIM No. 823.) This criminal negligence standard is the mens rea that applies to both misdemeanor and felony child endangerment. (See People v. Deskin, supra, 10 Cal.App.4th at p. 1402.)

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