Negligent Homicide in Arizona: A.R.S. 13-1102

Negligent homicide is essentially involuntary manslaughter.

Negligent Homicide in Arizona: A.R.S. 13-1102

Arizona has multiple classifications of homicide crimes, with negligent homicide being among them. Classified as a lesser offense than manslaughter and murder, a negligent homicide charge does not require that higher homicide standards be met, such as recklessness or premeditation.

According to A.R.S. 13-1102, negligent homicide is committed when a person causes the death of another person, including an unborn child at any stage of development in the womb, as a result of criminal negligence.

Arizona defines “criminal negligence” as failing to perceive a substantial and unjustifiable risk that a specific result will occur under the circumstances. The risk must constitute a gross deviation from the standard of care that a reasonable person would observe in the same situation.

It is not possible to prosecute a person for negligent homicide if that person was performing an abortion which had been lawfully consented to, medical treatment to the unborn child or mother, or the person was the mother of the unborn child.

While Arizona does not differentiate between voluntary or involuntary manslaughter, negligent homicide can be thought of as a type of involuntary manslaughter. Examples include hunting accidents, a delay in calling emergency medical services (911), and racing while driving.

Negligent homicide is a class 4 felony in Arizona, for which a first-time offender could face incarceration of up to 3.75 years.



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