Criminally Negligent Homicide: Texas Penal Code §19.05

The Texas Criminally Negligent Homicide law gives police the right to arrest you if they believe you caused someone’s death by doing something that was criminally negligent.

Criminally Negligent Homicide is one of the criminal homicide charges in Texas. The others are Murder, Manslaughter and Capital Murder.

The primary difference between these criminal homicide laws is the state of mind of the accused. For Criminally Negligent Homicide, the state only has to prove “criminal negligence.” Criminal negligence is different than civil negligence. Criminal negligence entails acting in a “gross deviation” from the general standard of care. The main difference between civil negligence and criminal negligence is that the civil negligence refers to the failure to exercise reasonable care, while criminal negligence involves an egregious negligent act.

If the state’s attorneys believed that you caused the death of an individual while you were operating a motor vehicle while intoxicated, you could also be charged with Intoxication Manslaughter.

The Texas legislature codified the Criminally Negligent Homicide offense in Texas Penal Code Section 19.05. The law was not updated in 2025. In fact, this law has not been amended since 1993.

The Penal Code classifies the Texas Criminally Negligent Homicide law under Title 5 “Offenses Against the Person,” Chapter 19 “Criminal Homicide.” Learn more about the Texas offense of Criminally Negligent Homicide below.

What is the current Texas law about Criminally Negligent Homicide?

Texas law currently defines the offense of Criminally Negligent Homicide in Penal Code Section §19.05 as follows:^[1]

(a) A person commits an offense if he causes the death of an individual by criminal negligence.

The case law says:^[2]

conduct that constitutes criminal negligence involves a greater risk of harm to others, without any compensating social utility, than does simple negligence. The carelessness required for criminal negligence is significantly higher than that for civil negligence; the seriousness of the negligence would be known by any reasonable person sharing the community’s sense of right and wrong. The risk must be “substantial and unjustifiable,” the failure to perceive it must be a “gross deviation” from reasonable care as judged by general societal standards. “With criminal negligence, the defendant ought to have been aware of a substantial and unjustifiable risk that his conduct could result in the type of harm that did occur, and that this risk was of such a nature that the failure to perceive it was a gross deviation from the reasonable standard of care exercised by ordinary people.” The degree of deviation from reasonable care “is measured solely by the degree of negligence, not any element of actual awareness.” In finding a defendant criminally negligent, a jury is determining that the defendant’s failure to perceive the associated risk is so great as to be worthy of a criminal punishment.

In other words, the law applies if you killed someone because you failed to perceive a substantial and unjustifiable risk that and that failure was a significant deviation from the standard by which ordinary people would perceive that risk.^[3]

What is the penalty for a Texas Criminally Negligent Homicide offense?

A conviction for Criminally Negligent Homicide in Texas is punished as a state jail felony,^[4] with a maximum possible fine of up to $10,000 and state jail confinement for 180 days to 2 years.

Although the Criminally Negligent Homicide offense does not carry as severe a penalty classification as Murder or Manslaughter, it is still a serious felony. These cases are often prosecuted with deadly weapon enhancements, which make the charge even more serious.

What is the difference between Murder, Manslaughter, and Criminally Negligent Homicide in Texas?

In Texas, there are three main types of homicide offenses, Murder, Manslaughter, and Criminally Negligent Homicide. Another type of homicide is essentially a more serious DWI offense called Intoxication Manslaughter. While Murder might be the offense that people are most familiar with, Texas prosecutors charge people with Manslaughter with some frequency. The Texas offense of Criminally Negligent Homicide is somewhat more rare.

The basic form of the Murder offense requires intentionally or knowingly taking another person’s life. However, there are numerous other forms of the Murder offense that do not require this specific intent. These new forms of the Texas Murder law are relatively new, like the Fentanyl Murder Law.

The Texas Manslaughter law requires the state to prove “recklessness” in the course of taking somone else’s life. The Texas Criminally Negligent Homicide law only requires the state to prove “criminal negligence.” Criminal negligence presumes that there was some standard of care that you failed to oblige. In essence, this means that prosecutors could charge you even if you feel that you did everything you could to prevent someone’s death, so long as prosecutors think that you did not do enough.

What are some examples of Criminally Negligent Homicide in Texas?

The state can seek Criminally Negligent Homicide charges under a number of different circumstances, including:

• Vehicular homicide
• Driving under the influence of drugs and/or alcohol (the state can also charge you with Intoxication Manslaughter for this)
• speeding
• distracted driving
• hit-and-run
• a fight or mutual combat situation
• failing to call emergency services
• leaving a child in a car
• fraternity hazing

If you kill someone, even by accident, the state can seek a conviction for Criminally Negligent Homicide.

Can causing another’s death during a traffic accident be charged as Criminally Negligent Homicide in Texas?

Yes. The state may seek a conviction for Criminally Negligent Homicide after a traffic crash if the person’s conduct is such a “gross deviation” from the standard of ordinary care.

In Vitela v. State, the state was able to obtain a conviction for Criminally Negligent Homicide after the defendant crashed into a tree. The crash killed a passenger in the defendant’s car. The speed limit on the road was 15 miles per hour, but the defendant was allegedly traveling 115 miles per hour before taking the curve. At trial, the evidence presented by the state indicated that the driver hit the tree going over 60 miles per hour.

The appellate court affirmed his conviction, explaining that the defendant’s actions created a substantial and unjustifiable risk under the circumstances.

How can I be charged with a Criminally Negligent Homicide offense in Texas?

You can be charged with Criminally Negligent Homicide in Texas if the state’s attorneys believe that each of the elements of 19.05(a) as described in the section above have been met.

In practice, law enforcement often arrests people simply because they were involved in an accident that resulted in someone’s death. In our experience, we have not seen much complicated legal analysis going into the arrest decisions.

What is the statute of limitations for Criminally Negligent Homicide in Texas?

Criminally Negligent Homicide offenses have a three-year limitations period.^[5]

Can you get probation for Criminally Negligent Homicide in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Criminally Negligent Homicide, and judges are also allowed to accept deferred adjudication plea deals.^[6]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[7] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[8]

What level of crime is Criminally Negligent Homicide in Texas?

The Penal Code classifies the punishment for Criminally Negligent Homicide as a state jail felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §19.05. This law is current as of 2025.^2. See Williams v. State, 235 S.W.3d 742, 750-51 (Tex. Crim. App. 2007)^3. See Texas Penal Code §6.03(d)^4. Texas Penal Code §19.05(b)^5. See Code of Criminal Procedure §12.01(9)^6. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^7. Art. 42A.053(c), Texas Code of Criminal Procedure^8. Art. 42A.054(b), Texas Code of Criminal Procedure