In manslaughter by criminal negligence, which element is essential?

• A. Gross negligence causing death
• B. Intent to kill
• C. Strict liability
• D. Recklessness alone

Answer: (A)

The essential element is gross negligence resulting in death. In manslaughter by criminal negligence, the defendant must act in a way that shows a gross deviation from the standard of care a reasonable person would observe, such that the conduct creates a substantial risk of death. This level of fault is what makes the act criminal, even though there is no intent to kill. It is not strict liability, since the crime relies on a fault element (gross negligence) rather than simply proving an outcome. It’s also not about intent to kill, which would point to murder, and reckless behavior by itself does not automatically meet the required threshold unless it amounts to a gross deviation from the standard of care.