New York Law (NYLE) Practice Exam

What does criminal negligence involve in the context of causing harm to others?

1. High level of intent to harm

2. Failure to perceive a substantial risk

3. Consistent recklessness

4. Innocent misunderstanding of the law

The correct answer is: Failure to perceive a substantial risk

Criminal negligence involves a failure to perceive a substantial and unjustifiable risk that results in harm to another person. In the context of the law, this form of negligence is characterized by a significant deviation from the standard of care that a reasonable person would exercise in a similar situation. The crucial element here is the lack of awareness of the risk, which is deemed substantial; this distinguishes it from intentional harm or recklessness. A person acting with criminal negligence does not intend to cause harm, nor do they act with a conscious disregard of known risks as in the case of recklessness. Instead, they are simply unaware of a significant danger that their actions pose to others. The other options do not capture the essence of criminal negligence. A high level of intent to harm denotes an intentional crime rather than negligence. Consistent recklessness implies awareness and a disregard for risks, which strays from the definition of negligence where the individual fails to acknowledge a risk altogether. Lastly, an innocent misunderstanding of the law does not pertain to the standard of care or the awareness of risk, as negligence is evaluated based on how a reasonable person would act in similar circumstances, not on the knowledge of the law.