Which mental state is associated with Manslaughter 2 in NY?

• A. Recklessness
• B. Intent to kill
• C. Negligence
• D. Strict liability

Answer: (A)

Recklessness is the mental state for Manslaughter in the second degree in New York. Recklessness means the defendant consciously disregarded a substantial and unjustified risk that death could result from their conduct, constituting a gross deviation from how a reasonable person would act in the situation. It’s more blameworthy than mere negligence, which is a failure to perceive a risk, but it doesn’t require an intent to kill. It also isn’t strict liability, which assigns liability without any required mental state. For example, operating a vehicle at a very high speed in a crowded area, knowing the risk but continuing anyway, can show the conscious disregard central to recklessness.