Code of Alabama

Ala. Code § 13A-6-4 (2026)

Criminally Negligent Homicide. (Amended by Act 2026-64)

✓ official Alabama Legislature (ALISON) text, current July 2026

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AMENDED BY ACT 2026-64, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence.

(b) The jury may consider statutes and ordinances regulating the actor’s conduct in determining whether the actor is culpably negligent under subsection (a).

(c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which the criminally negligent homicide is caused by the driver or operator of a vehicle or vessel who is driving or operating the vehicle or vessel in violation of Section 32-5A-191 or 32-5A-191.3; in these cases, criminally negligent homicide is a Class C felony.

(Acts 1977, No. 607, p. 812, §2015; Acts 1979, No. 79-664, p. 1163, §1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, §1; Act 2014-427, p. 1574, §1.)

Notes of Decisions

Cited in 43 cases (2 in the last 5 years), 1981–2025 · leading case: Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991).

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Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991). · cites it 2× “Appellant contends that she was denied due process of law by the trial court's refusal to instruct the jury, in the guilt phase, that the jury could consider two lesser included offenses: universal malice or reckless murder, § 13A-6-2(a)(2), and criminally negligent homicide, §…”

Burnett v. State, 807 So. 2d 573 (Ala. Crim. App. 1999). · cites it 4× “" The commentary to § 13A-6-4, Ala.Code 1975, states the following concerning the degree of culpability required for "criminal negligence:" "Under § 13A-6-4(a)(1), `criminal negligence' means more than the negligence sufficient to establish tort liability.”

United States v. Dominguez-Ochoa, 386 F.3d 639 (5th Cir. 2004). “, AlaCode § 13A-6-4; Alaska Stat. § 11.41.130 ; Ariz.”

Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992). “The appellant contends that the trial court improperly failed to charge the jury on the lesser included offenses of felony-murder, burglary, manslaughter, and criminally negligent homicide, § 13A-6-2(a)(3); § 13A-7-5, -6, and -7; § 13A-6-3; and § 13A-6-4, Code of Alabama 1975,…”

Ex Parte Jordan, 486 So. 2d 485 (Ala. 1986). “Code 1975, §§ 13A-6-4, 13A-2-2(4). Thus, on a continuum of culpability, these two offenses stand between murder and vehicular homicide.”

Hayes v. State, 588 So. 2d 502 (Ala. Crim. App. 1991). · cites it 2× “At the same trial, he was also convicted of criminally negligent homicide in violation of Ala.Code 1975, § 13A-6-4, and was given a concurrent sentence of one year in prison.”

Minor v. State, 780 So. 2d 707 (Ala. Crim. App. 1999). “" § 13A-6-4, Ala. Code 1975. "A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists.”

State v. Parker, 740 So. 2d 421 (Ala. Crim. App. 1997). · cites it 2× “I would point, for instance, to § 13A-6-4, Ala.Code 1975, Alabama's statute defining criminally negligent homicide.”

Potter v. State, 661 So. 2d 255 (Ala. Crim. App. 1993). · cites it 5× “Specifically, the appellant asserts that the jury found him guilty of criminally negligent homicide pursuant to § 13A-6-4, Code of Alabama 1975, which statute, according to the appellant, contains its own sentence enhancement provision.”

Burgess v. State, 811 So. 2d 557 (Ala. Crim. App. 1998). “Section 13A-6-4(a), Ala.Code 1975, provides: "A person commits the crime of criminally negligent homicide if he causes the death of another person by criminal negligence.”

Miller v. State, 1 So. 3d 1073 (Ala. Crim. App. 2007). · cites it 3× “Code 1975, § 13A-6-4(a), to the jury during the oral charge and then failed to object to the trial court’s failure to give a charge on the lesser-included offense of criminally negligent homicide pursuant to § 13A-6-4 (a), Ala.Code 1975. In Wakefield v.”

Ex Parte Long, 600 So. 2d 982 (Ala. 1992). “" "§ 13A-6-4. Criminally negligent homicide.”

Show all 43 citing cases →

— Ala. Code § 13A-6-4(a) — 6 cases

Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991). “Appellant contends that she was denied due process of law by the trial court's refusal to instruct the jury, in the guilt phase, that the jury could consider two lesser included offenses: universal malice or reckless murder, § 13A-6-2(a)(2), and criminally negligent homicide, §…”

Miller v. State, 1 So. 3d 1073 (Ala. Crim. App. 2007). “Code 1975, § 13A-6-4(a), to the jury during the oral charge and then failed to object to the trial court’s failure to give a charge on the lesser-included offense of criminally negligent homicide pursuant to § 13A-6-4 (a), Ala.Code 1975. In Wakefield v.”

Koppersmith v. State, 701 So. 2d 821 (Ala. 1997).

Ex parte Michael Timothy Huff PETITION FOR WRIT OF CERTIORARI TO THE COURT OF Crim. APPEALS (In re: Michael Timothy Huff v. State of Alabama) (Russell Circuit Court: CC-23-305 & CC-23-549; Crim. Appeals: CR-2023-0983). (Ala. 2025).

— Ala. Code § 13A-6-4(a)(1) — 1 case

Burnett v. State, 807 So. 2d 573 (Ala. Crim. App. 1999). “" The commentary to § 13A-6-4, Ala.Code 1975, states the following concerning the degree of culpability required for "criminal negligence:" "Under § 13A-6-4(a)(1), `criminal negligence' means more than the negligence sufficient to establish tort liability.”

— Ala. Code § 13A-6-4(b) — 1 case

Cason v. State, 515 So. 2d 718 (Ala. Civ. App. 1986).

— Ala. Code § 13A-6-4(c) — 3 cases

Taylor v. Cox, 710 So. 2d 406 (Ala. 1998).

State v. Howard, 939 So. 2d 68 (Ala. Crim. App. 2006).

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