Reckless homicide, quite simply, is the killing of another person by a reckless act. A "reckless" act occurs when a person consciously disregards his own conduct that could produce a substantial and unjustifiable risk. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances.
"Reckless" can also be established if it is shown that the accused acted intentionally or knowingly.
An example of reckless homicide would be if a drug dealer were to give or sell another person illegal drugs that end up killing that person. A controversial example is one where the religious faith of parents prevents them from seeking medical treatment for a child that ultimately dies.
Both Kentucky and Ohio have statutes on Reckless Homicide deeming it a felony.
Ohio Law on Reckless Homicide
(A) No person shall recklessly cause the death of another or the unlawful termination of another's pregnancy.
(B) Whoever violates this section is guilty of reckless homicide, a felony of the third degree.
Kentucky Law on Reckless Homicide
(1) A person is guilty of reckless homicide when, with recklessness he causes the death of another person.
(2) Reckless homicide is a Class D felony.
If you are facing reckless homicide charges in Ohio or Kentucky, you need an experienced criminal defense attorney who focuses on the defense of reckless homicide cases.
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