Texas Commission on Law Enforcement (TCOLE) Practice Exam

In Texas law, which aspect does criminal negligence often concern?

1. Intentional harm

2. Severe accidents

3. Failure to perceive risk

4. Accidental injury

The correct answer is: Failure to perceive risk

Criminal negligence in Texas law primarily revolves around a person's failure to perceive a substantial and unjustifiable risk that a reasonable person would have recognized in similar circumstances. This failure can lead to consequences that result in harm or injury to others, and it suggests a lack of care or attention that falls short of the standard expected from a typical person in the same situation. This focus on the failure to perceive risk distinguishes criminal negligence from other concepts in law, such as intentional harm, which involves a deliberate intent to cause damage or injury, and accidental injury, which may not arise from a negligent mindset. While severe accidents can sometimes result from negligence, the key characteristic of criminal negligence is the individual's lack of awareness regarding the potential dangers of their actions.