Johnson v. State

OPINION

WINFREE, Justice.

I. INTRODUCTION

We are asked in this petition for hearing to clarify the standard of foreseeability for a criminal prosecution based on reckless conduct.

A defendant is responsible for the natural consequences of his or her act or failure to act. But the defendant's liability for harm to another is not limitless because natural consequences are those a reasonable person could have foreseen. If the trier of fact finds a general type of harm was foreseeable, then the trier of fact must determine whether the actual harm was within the scope of risk hazarded by the…