Negligence in Offense and Defense Definitions
I. Offense Definitions

Section 2.05. When Culpability Requirements Are Inapplicable to Violations and to Offenses Defined by Other Statutes;  Effect of Absolute Liability in Reducing Grade of Offense to Violation.

 (1) The requirements of culpability prescribed by Sections 2.01 and 2.02 do not apply to:

  (a) offenses which constitute violations, unless the requirement involved is included in the definition of the offense or the Court determines that its application is consistent with effective enforcement of the law defining the offense;  or

  (b) offenses defined by statutes other than the Code, insofar as a legislative purpose to impose absolute liability for such offenses or with respect to any material element thereof plainly appears.

 (2) Notwithstanding any other provision of existing law and unless a subsequent statute otherwise provides:

    (a) when absolute liability is imposed with respect to any material element of an offense defined by a statute other than the Code and a conviction is based upon such liability, the offense constitutes a violation;  and

    (b) although absolute liability is imposed by law with respect to one or more of the material elements of an offense defined by a statute other than the Code, the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes sufficient culpability and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by Section 1.04 and Article 6 of the Code.

Section 210.0. Definitions.

 In Articles 210-213, unless a different meaning plainly is required:

 (1) "human being" means a person who has been born and is alive;

 (2) "bodily injury" means physical pain, illness or any impairment of physical condition;

 (3) "serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;

 (4) "deadly weapon" means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

Section 210.1. Criminal Homicide.

 (1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.

 (2) Criminal homicide is murder, manslaughter or negligent homicide.

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Section 210.4. Negligent Homicide.

 (1) Criminal homicide constitutes negligent homicide when it is committed negligently.

 (2) Negligent homicide is a felony of the third degree.
Section 211.1. Assault.

 (1) Simple Assault.  A person is guilty of assault if he:

  (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;  or

  (b) negligently causes bodily injury to another with a deadly weapon;  or

  (c) attempts by physical menace to put another in fear of imminent serious bodily injury.

 Simple assault is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.
Section 220.3. Criminal Mischief.

 (1) Offense Defined.  A person is guilty of criminal mischief if he:

  (a) damages tangible property of another purposely, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in Section 220.2(1);  or

  (b) purposely or recklessly tampers with tangible property of another so as to endanger person or property;  or

  (c) purposely or recklessly causes another to suffer pecuniary loss by deception or threat.

 (2) Grading.  Criminal mischief is a felony of the third degree if the actor purposely causes pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.  It is a misdemeanor if the actor purposely causes pecuniary loss in excess of $100, or a petty misdemeanor if he purposely or recklessly causes pecuniary loss in excess of $25.  Otherwise criminal mischief is a violation.

(2) Defense Definitions

Section 2.09. Duress.

  (1) It is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.

  (2) The defense provided by this Section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress.  The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.

  (3) It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this Section.  [The presumption that a woman, acting in the presence of her husband, is coerced is abolished.]

  (4) When the conduct of the actor would otherwise be justifiable under Section 3.02, this Section does not preclude such defense.

Section 3.02. Justification Generally:  Choice of Evils.

  (1) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable, provided that:

    (a) the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;  and

    (b) neither the Code nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved;  and

    (c) a legislative purpose to exclude the justification claimed does not otherwise plainly appear.

  (2) When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this Section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

Section 3.09. Mistake of Law as to Unlawfulness of Force or Legality of Arrest;  Reckless or Negligent Use of Otherwise Justifiable Force;  Reckless or Negligent Injury or Risk of Injury to Innocent Persons.

  (1) The justification afforded by Sections 3.04 to 3.07, inclusive, is unavailable when:

    (a) the actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous;  and

    (b) his error is due to ignorance or mistake as to the provisions of the Code, any other provision of the criminal law or the law governing the legality of an arrest or search.

  (2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under Sections 3.03 to 3.08 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those Sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

  (3) When the actor is justified under Sections 3.03 to 3.08 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those Sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.