Aggravated Manslaughter of an Elderly Person or Disabled Adult
A person who causes the death of any elderly person or disabled adult by culpable negligence commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree. The jury instructions for aggravated manslaughter also specifically cover older adult victims.
To prove the crime of Aggravated Manslaughter, the State must prove the following three elements beyond a reasonable doubt:
- The victim is dead.
- The death of was caused by the culpable negligence.
- The victim was at the time an elderly person or a isabled adult and victim’s death was caused by the neglect of defendant, a caregiver for victim.
For example, if a person leaves an elderly person alone in a house with no heat in freezing temperatures and the elderly person dies from hypothermia, this could be an example of aggravated manslaughter by culpable negligence. The jury instructions would explain that the defendant’s actions were not merely careless, but demonstrated a conscious disregard for the elderly person’s life and safety.
