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Legal Definitions - accidental killing

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Definition of accidental killing

Accidental killing is a type of homicide that occurs when someone unintentionally causes the death of another person while performing a lawful act in a lawful manner. This happens when the person had a reasonable belief that no harm could occur.

For example, if a driver accidentally hits a pedestrian while obeying traffic laws and driving at a safe speed, it would be considered accidental killing. Another example is if a hunter accidentally shoots and kills someone while hunting, but was following all safety protocols and had no intention of causing harm.

Accidental killing is different from malicious killing, which is when someone intentionally causes the death of another person with malice or forethought.

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Simple Definition

An accidental killing is when someone dies by accident while someone else is doing something that they thought was safe and legal. This is also called death by misadventure or homicide by misadventure. It is different from malicious killing, which is when someone intentionally kills another person.

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