California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A pedestrian is walking down a street when a driver, distracted by a text message, swerves onto the sidewalk, narrowly missing the pedestrian but destroying a public bus stop bench. The driver had no intention of hitting anyone or anything, but was severely negligent. What is the most appropriate criminal charge for the driver regarding the bus stop bench?
- ANo crime, as there was no intent to damage property.
- BReckless Endangerment
- CAttempted Battery
- DCriminal Negligence for Property Damage
Show answer & explanationAnswer & explanation
Correct answer: D. Criminal Negligence for Property Damage
The driver's conduct, though not intentional, was severely negligent, leading to property damage. Many jurisdictions recognize criminal negligence as a basis for property crimes when the damage is significant and the conduct falls below the standard of care a reasonable person would exercise, creating an unjustifiable risk.
Why the other options are wrong
- A. A crime did occur due to the severe negligence causing property damage.
- B. Reckless Endangerment typically involves putting a person at risk of serious injury or death, not primarily property damage.
- C. Attempted Battery requires intent to touch, which was absent here.
Criminal Negligence
A gross deviation from the standard of care that a reasonable person would observe in the situation, leading to a foreseeable risk of harm. It's more than ordinary negligence but less than recklessness or intent.
- Gross deviation from reasonable care
- Creates foreseeable risk of harm
- Can be a basis for some crimes, including property damage
Memory trick: Minds of crime, from purpose to slight.