Q. Accident

• Library: The Criminal Law of South Carolina (SCBar) (2014 Ed.)

Q. Accident

Harm caused to another, including death, cannot entail criminal responsibility for the actor if the harm was accidentally inflicted without intent to harm and without recklessness or negligence. State v. Brown, 205 S.C. 514, 32 S.E.2d 825 (1945); State v. McDaniel, 68 S.C. 304, 47 S.E. 384 (1904). Accident is not an affirmative defense because the existence of the mens rea, be it intent to kill or criminal negligence, is an element of the offense which must be established by the State by proof certain beyond a reasonable doubt. McDaniel, at 316-17, 42 S.E. at 388-89. The defense has three elements: "In South Carolina, the defense of accident requires showing the harm caused was unintentional, the defendant was acting lawfully at the time of the incident, and due care was exercised in handling the weapon." State v. Harris, 382 S.C. 107, 116, 674 S.E.2d 532, 537 (Ct. App. 2009) (citing State v. Goodson, 312 S.C. 278, 280, 440 S.E.2d 370, 372 (1994)) (upholding charge with these three elements included and requiring the State to disprove each beyond a reasonable doubt).

The defense is available only if the defendant acted lawfully at the time of the accident. State v. McCaskill, 300 S.C. 256, 259, 387 S.E.2d 268, 270 (1990) (citing 40 Am. Jur. 2d Homicide § 112 (1968)). Consequently, it may be...