§ 6-2 Defense of Accident

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 6-2 Defense of Accident

The defendant has raised the defense of accident. The burden is on the State to prove beyond a reasonable doubt that the killing was not accidental.

Harm caused to another, including death, cannot entail criminal responsibility for the defendant if the harm was accidentally inflicted without intent to harm and without recklessness or negligence.

Where the death of a human being is the result of accident or misadventure, in the true meaning of the term, no criminal responsibility attaches to the act of the slayer. A homicide will be excusable on the ground of accident when:

(1) the killing was unintentional;

(2) the defendant was acting lawfully; and

(3) due care was exercised in the handling of the weapon.

A homicide is not excusable on the ground of accident unless it appears that the defendant was acting lawfully.

State v. Wharton, 381 S.C. 209, 216, 672 S.E.2d 786, 789 (2009) ("For a homicide to be excusable on the ground of accident, it must be shown that the killing was unintentional, the defendant was acting lawfully, and due care was

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