SC Ch. 8 Defenses. Accident
NOTE: Dated, use instead South Carolina Requests to Charge – Criminal, 2nd Edition
South Carolina Criminal Jury Charges
SC Chapter 8 – defenses
The defendant has raised the defense of accident. An act may be excused on the ground of accident if it is shown that the act was unintentional, that the defendant was acting lawfully, and that reasonable care was used by the defendant [in the handling of the weapon].
For example, if a person is lawfully armed in selfdefense, and the gun accidentally discharges, the defense of accident would apply.
The burden is on the state to prove beyond a reasonable doubt that act was not an accident but was caused by the negligence or carelessness on the part of the defendant [in the handling of a dangerous instrumentality] or by unlawful activity by the defendant.