Texas Penal Code Practice Exam 2025 – Comprehensive Study Guide

Question: 1 / 400

What is the definition of "criminal negligence" under Texas law?

A person is aware of a risk and chooses to ignore it

A person fails to recognize a substantial risk, which is a gross deviation from standard care

The definition of "criminal negligence" under Texas law is characterized by the failure to perceive a substantial and unjustifiable risk, which represents a gross deviation from the standard of care that an ordinary person would exercise under similar circumstances. This means that the individual did not recognize a significant risk that their actions could lead to harmful outcomes, indicating a disregard for the safety of others.

This understanding aligns with the legal standard used to establish criminal negligence, as it reflects a deeper level of conduct than mere carelessness or a conscious choice to ignore a known risk. In criminal negligence, the lack of awareness itself constitutes a serious departure from how a reasonable person would act, thus fulfilling the criteria for criminal liability in such cases.

The other choices fail to capture the essence of criminal negligence as understood in Texas law. For example, being aware of a risk and choosing to ignore it would imply a level of intent, rather than negligence. Intentionally causing harm denotes malice aforethought, which is distinct from negligence. Lastly, mere carelessness does not approach the legal threshold of a "gross deviation" from standard care, which is a requirement for establishing criminal negligence.

Get further explanation with Examzify DeepDiveBeta

A person intentionally causes harm

A person is merely careless

Next Question

Report this question

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy