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The offense is intended to prohibit and therefore deter reckless or wanton (of a cruel or violent action, deliberate and unprovoked conduct) conduct that wrongfully creates a substantial risk of death or serious injury to others. Various laws specify several types of endangerment:
In criminal law, criminal negligence is an offence that involves a breach of an objective standard of behaviour expected of a defendant. It may be contrasted with strictly liable offences, which do not consider states of mind in determining criminal liability, or offenses that requires mens rea, a mental state of guilt. [1]
The modern definition of recklessness has developed from R v Cunningham [1957] 2 QB 396 in which the definition of 'maliciously' for the purposes of the Offences against the Person Act 1861 was held to require a subjective rather than objective test when a man released gas from the mains while attempting to steal money from the pay-meter. As a ...
Willful violation is defined as an "act done voluntarily with either an intentional disregard of, or plain indifference to," the requirements of Acts, regulations, statutes or relevant workplace policies.
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
Mistake of fact occurs when the defendant misunderstands a fact that negates an element of the crime. Mistake of law is the misunderstanding, incorrect application, or ignorance of the law's existence at the time of the offense. These mistakes must be honest, made in good faith, and reasonable to an ordinary person.
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." [ 1 ] In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss.
(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property. (b) An offense under this section is a misdemeanor punishable by: (1) a fine not to exceed $200; (2) confinement in county jail for not more than 30 days; or (3) both the fine and the confinement.