South Carolina Requests to Charge – Criminal
PART VI DEFENSES

§ 6-2 Defense of Accident

The defendant has raised the defense of accident. The burden is on the State to prove beyond a reasonable doubt that the killing was not accidental.

Harm caused to another, including death, cannot entail criminal responsibility for the defendant if the harm was accidentally inflicted without intent to harm and without recklessness or negligence.

Where the death of a human being is the result of accident or misadventure, in the true meaning of the term, no criminal responsibility attaches to the act of the slayer. A homicide will be excusable on the ground of accident when:

(1) the killing was unintentional;

(2) the defendant was acting lawfully; and

(3) due care was exercised in the handling of the weapon.

A homicide is not excusable on the ground of accident unless it appears that the defendant was acting lawfully.

• See State v. Chatman, 336 S.C. 149, 519 S.E.2d 100 (1999) (holding a homicide will be excusable on the ground of accident when (1) the killing was unintentional, (2) defendant was acting lawfully, and (3) due care was exercised in the handling of the weapon; homicide is not excusable on the ground of accident unless it appears that defendant was acting lawfully); State v. Burriss, 334 S.C. 256, 513 S.E.2d 104 (1999); State v. Tucker, 324 S.C. 155, 478 S.E.2d 260 (1996); State v. Goodson, 312 S.C. 278, 440 S.E.2d 370 (1994); Arnette v. State, 306 S.C. 556, 413 S.E.2d 803 (1992); State v. McCaskill, 300 S.C. 256, 387 S.E.2d 268 (1990); State v. Brown, 205 S.C. 514, 32 S.E.2d 825, 828 (1945) (“Where the death of a human being is the result of accident or misadventure, in the true meaning of the term, no criminal responsibility attaches to the act of the slayer. If it be shown that the killing was unintentional; that it was done while the perpetrator was engaged in a lawful enterprise, and was not the result of negligence, the homicide will be excused on the score of accident.”); State v. McDaniel, 68 S.C. 304, 47 S.E. 384 (1904) (ruling that where, on a trial for murder, defendant pleads accidental killing, the State must overcome such plea beyond all reasonable doubt); State v. Way, 38 S.C. 333, 17 S.E. 39 (1893); William Shepard McAninch & W. Gaston Fairey, The Criminal Law of South Carolina 771 (4th ed. 2002) (“Harm caused to another, including death, cannot entail criminal responsibility for the actor if the harm was accidentally inflicted without intent to harm and without recklessness or negligence.”); Id. (“Accident is not an affirmative defense because the existence of the mens rea, be it intent to kill or criminal negligence, is an element of the offense which must be established by the state by proof certain beyond a reasonable doubt.”); see also State v. Harmon, 127 S.C. 424, 121 S.E. 257 (1924) (ruling the question whether the homicide at issue was accidental or excusable was for the jury).

 

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