Little Compton, RI asked in Domestic Violence, Federal Crimes, Personal Injury and Wrongful Death for Rhode Island

Q: (b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what

(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. Criminal negligence is negligence that is aggravated, culpable or gross; (ii) “Person” shall mean an individual or any business entity recognized by the laws of the state of Rhode Island including, but not limited to, corporations, limited liability corporations, partnerships or limited liability partnerships.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Rhode Island attorney could advise best, but your question remains open for a week. It looks like your excerpt of the statute states the elements of criminal negligence. In most basic terms nationwide, criminal negligence usually means a level of negligence far worse than ordinary negligence that might arise in a civil action. A local attorney should advise for more definitive and meaningful guidance. Good luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Sacramento, CA

A: Under Title 18 USC Code Section 3613(b), the term "Criminal negligence" is defined as conduct that significantly departs from what an ordinary prudent or careful person would do in the same circumstances, to the extent that it shows a lack of proper regard for human life or indifference to the potential consequences. This type of negligence is considered aggravated, culpable, or gross in nature. It implies that the individual's actions go beyond mere negligence and exhibit a higher degree of recklessness or disregard for the safety of others.

Additionally, the term "Person" in this context refers to both individuals and any business entities that are legally recognized under the laws of the state of Rhode Island. This includes various forms of business organizations such as corporations, limited liability corporations (LLCs), partnerships, or limited liability partnerships (LLPs). It's important to note that this definition encompasses a wide range of legal entities, not just individuals.

Understanding these definitions is crucial when interpreting and applying Title 18 USC Code Section 3613(b) in legal matters related to criminal negligence and the liability of persons, whether they are individuals or business entities, under the laws of Rhode Island. If you have specific legal questions or need assistance with a case related to this section, it is advisable to consult with an attorney who can provide guidance tailored to your situation and jurisdiction.

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