STATE OF MIND -- NEGLIGENTLY

STATE OF MIND -- NEGLIGENTLY A person acts negligently with respect to his conduct when he should be aware of a substantial and unjustifiable risk taken that the person’s conduct is of the specified nature. A person acts negligently with respect to attendant circumstances when he should be aware of a substantial and unjustifiable risk that such circumstances exist. A person acts negligently with respect to a result of his conduct when he should be aware of a substantial and unjustifiable risk that his conduct will cause such a result. A risk is substantial and unjustifiable if the person’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a law-abiding person would observe in the same situation. Commentary See 702-206(4). "The difference between the terms recklessly and negligently, as usually defined, is one of kind, rather than degree." State v. Pinero, 70 Haw. 509, 522 n.7, 778 P.2d 704 (1989). "Each actor creates a risk of harm." Id. (emphasis in original). "The reckless actor is aware of the risk and disregards it; the negligent actor is not aware of the risk but should have been aware of it." Id. (emphasis in original).