Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with criminal negligence when they act in a reckless way that creates a high risk of death or great bodily injury, and a reasonable person would have known that acting in that way would create such a risk. Negligent homicide is a felony offense punishable by a prison sentence of several years and/or substantial fines. In some states, negligent homicide charges are possible following the killing of a person while driving under the influence of drugs or alcohol. Criminally negligent homicide is a Class A misdemeanor in Alabama, which means it can result in the most severe penalties a misdemeanor can legally carry. To warrant the bringing of such a charge, there must be some evidence that the defendant was not aware of the risk they were creating. To convict, the state must prove beyond a reasonable doubt each of these elements:

• The defendant was not aware of the risk they were creating.
• The defendants inadvertent creation and subsequent disregard of a risk of harm of which they should have been aware, but of which, in fact, they were not aware.
• The victims death was caused by the defendants inadvertent creation and subsequent disregard of a risk of harm of which they should have been aware, but of which, in fact, they were not aware.

Examples of criminally negligent homicide include leaving a child in an unattended car in hot weather, firing a deadly weapon in the air at a crowded celebration, swiping at a persons hand while they are holding a knife, and texting while driving a motor vehicle at top speeds in a crowded neighborhood.