(a) A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person, except where the defendant caused such death by a motor vehicle.
(b) Criminally negligent homicide is a class A misdemeanor.
(1969, P.A. 828, S. 59.)
Cited. 174 C. 89. Criminally negligent homicide is a lesser included offense of murder although the state of mind required is different. 180 C. 382. Cited. 181 C. 406; 185 C. 63; 187 C. 6; 195 C. 232; 201 C. 174; 202 C. 520; Id., 629; 204 C. 410; Id., 429; 212 C. 593; 213 C. 579; 214 C. 57; 216 C. 699; 223 C. 273; 226 C. 237; 227 C. 456; 228 C. 118, 127. Trial court improperly refused to instruct jury on this lesser included offense; judgment of Appellate Court in 30 CA 95 reversed. Id., 147. Cited. Id., 281; 231 C. 115; 238 C. 253.
Cited. 17 CA 502; judgment reversed, see 213 C. 579; 24 CA 586; 26 CA 448; 28 CA 388; Id., 771; 30 CA 95; judgment reversed, see 228 C. 147; Id., 232; 32 CA 687; 34 CA 368, see also 233 C. 517; 35 CA 438. Defendant's diminished mental capacity did not prevent her from forming the mental state associated with criminally negligent homicide since the standard is that of the reasonably prudent person. 131 CA 65; judgment affirmed, see 308 C. 835.
Cited. 40 CS 498.
Notes of Decisions
Cited in
70
cases (
6 in the last 5 years), 1977–2026 · leading case:
State v. Casey, 513 A.2d 1183 (Conn. 1986).
State v. Casey, 513 A.2d 1183 (Conn. 1986).
· cites it 9× “IV The defendant next claims that the trial court erred in refusing his written request to charge on the lesser included offense of criminally negligent homicide, General Statutes § 53a-58 (a). We shall consider this issue because it is likely to arise on a new trial of this…”
State v. Rodriguez, 429 A.2d 919 (Conn. 1980).
· cites it 6× “Therefore, for purposes of this defendant’s sixth amendment right to notice, the *403 question presented to ns is whether the two sections of the first degree manslaughter statute; General Statutes § 53a-55 (a) (1) and (3) ; 14 the second degree manslaughter statute; General…”
State v. Tomasko, 681 A.2d 922 (Conn. 1996).
· cites it 6× “On appeal, the defendant claims that: (1) the evidence was insufficient to prove beyond a reasonable doubt that she intended to kill the *255 victim; (2) the trial court improperly refused to instruct the jury on the lesser included offense of criminally negligent homicide in…”
State v. White, 528 A.2d 811 (Conn. 1987).
· cites it 6× “White, was charged in a substitute information with three counts of criminally negligent homicide in violation of General Statutes §§ 53a-58 and 53a-3 (14), and with three counts of failing to provide a smoke detector in violation of Connecticut state fire safety code §§ 11-1.”
State v. Salz, 627 A.2d 862 (Conn. 1993).
· cites it 6× “This is further underscored because the jury did not have a lesser included offense instruction on negligent homicide; General Statutes § 53a-58; 5 and, therefore, did not have the benefit of the comparison.”
State v. Sivri, 646 A.2d 169 (Conn. 1994).
· cites it 4× “The defendant requested that the trial court charge the jury on the following lesser included offenses: manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (1) and (3), 11 manslaughter in the second degree in violation of General Statutes § 53a-56 (a)…”
State v. Bunkley, 522 A.2d 795 (Conn. 1987).
· cites it 5× “General Statutes § 53a-58 (a) provides that “[a] person is guilty of crimi *640 nally negligent homicide when, with criminal negligence, he causes the death of another person, except where the [actor] caused such death by a motor vehicle.”
State v. Smith, 563 A.2d 671 (Conn. 1989).
· cites it 6× “The defendant had requested the court to charge, in addition, that the jury consider the lesser included offenses of manslaughter in the second degree; General Statutes § 53a-56; 6 and criminally negligent homicide.”
State v. Falby, 444 A.2d 213 (Conn. 1982).
· cites it 4× “" The issue before us, then, is whether the evidence at trial, including the defendant's confession, can support a conviction for manslaughter in the second degree; General Statutes § 53a-56 (a) (1); or criminally negligent homicide.”
State v. Tate, 773 A.2d 308 (Conn. 2001).
· cites it 4× “2 On its own motion, the trial court also instructed the jury on the lesser included offense of manslaughter in the second degree in violation of General Statutes § 53a-56 (a) (l), 3 and, at the defendant’s request, the trial court also charged the jury on criminally negligent…”
State v. Tomlin, 835 A.2d 12 (Conn. 2003).
· cites it 4× “7 II We now consider the defendant’s claim that the trial court improperly declined to instruct the jury on manslaughter in the second degree; see General Statutes § 53a-56 (a) (l); 8 and criminally negligent homicide; see General Statutes § 53a-58 (a); 9 as lesser included *628…”
State v. Edwards, 570 A.2d 193 (Conn. 1990).
· cites it 5× “Accordingly, the defendant filed procedurally proper requests for the jury to be charged on his defense of intoxication as a defense to first degree murder and on the lesser included offenses of first degree manslaughter pursuant to General Statutes § 53a-55 (a) (3), 3 second…”
— Conn. Gen. Stat. § 53a-58(a) — 1 case
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