Reply to Alec Baldwin now charged with involuntary manslaughter by New Mexico authorities

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Not a fan of AB but, it was an accident. [b] Intent matters.[/b]

If anything there should be regulations about prop guns.  They should have to be non lethal.[/quote]

Not for "involuntary manslaughter"[/quote]

There is a mens rea requirement for even involuntary manslaughter.  It’s different in that you don’t have to intend to kill someome but you do have to have intended the act that led to it.  (Eg you had to have intended to drive 80 in a residential area.  If someone rigged your car so that it drove 80 against your will, or if you had a stroke and slumped against the gas pedal, no mens rea).  Clearly he intended to pull the gun.  But he did not intend to pull a loaded gun.  That’s essentially the issue for trial.  [/quote]

The NM Code says involuntary manslaughter includes killing, without malice, in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.

So assuming the acting with prop gun was a lawful act, I suspect the issue for trial would be was Baldwin exercising due caution.  For example, by relying on an armorer.  While I personally, as a non-actor, would check the gun first, I haven't done this on a set 1000 times.  Might be tough with a NM jury of non-actors.  But who knows.

https://law.justia.com/codes/new-mexico/2011/chapter30/article2/section30-2-3[/quote]

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