1

Statute

Causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. O.C.G.A. 16-5-60(b).361

2

Criminal Negligence

Act of criminal negligence, not an intentional act. Lindsey v. State, 262 Ga. 665 (1993). Criminal negligence necessarily implies, not only knowledge of probable consequences which may result from the use of a given instrumentality, but also willful or wanton disregard of the probable effects of such instrumentality upon others likely to be affected thereby. Criminal negligence is something more than ordinary negligence. Criminal negligence is the reckless disregard of consequences, or a heedless indifference to the rights and safety of others, and a reasonable foresight that injury would probably result. Bohannon v. State, 230 Ga. App. 829 (1998).

3

Caselaw

For one to be held to have been indifferent to the safety of others or inconsiderate of their welfare, it must appear he knew, or an ordinarily prudent person under similar circumstances would have known, that his act might probably endanger others. The instrumentality in connection with which there is negligence must be of a kind that is dangerous because of the manner in which it is handled. Geele v. State, 203 Ga. 369 (1948); Allison v. State, 288 Ga. App. 482 (2007) (accidental injury caused by a firearm, standing alone, insufficient).=901653

4

Penalty

Misdemeanor. O.C.G.A. 16-5-60(b).