Multistate Bar Examination Practice Question

The correct answer is reckless homicide (involuntary manslaughter based on recklessness). The driver consciously chose to text despite knowing that doing so created a substantial and unjustifiable risk to human life. This conscious disregard of a known danger satisfies recklessness.

• Negligent homicide applies when the defendant should have perceived the risk but in fact did not; here the driver was aware of it.
• Misdemeanor manslaughter requires that the death occur during the commission of an independent misdemeanor; mere texting while driving is typically treated as a traffic infraction, not a qualifying misdemeanor.
• Felony murder is inapplicable because no inherently dangerous felony was underway.