§702-216  Reckless or negligent causation;
different result from that within the risk.  In the following instances,
recklessly or negligently causing a particular result shall be deemed to be
established even though the actual result caused by the defendant may not have
been within the risk of which the defendant was or, in the case of negligence,
should have been aware:



(1)  The actual result differs from the probable
result only in the respect that a different person or different property is
injured or affected or that the probable injury or harm would have been more
serious or more extensive than that caused; or



(2)  The actual result involves the same kind of
injury or harm as the probable result and is not too remote or accidental in
its occurrence or too dependent on another's volitional conduct to have a
bearing on the defendant's liability or on the gravity of the defendant's
offense. [L 1972, c 9, pt of §1; am L 1973, c 136, §3(a); am L 1975, c 163, §2;
gen ch 1993]



 



COMMENTARY ON §702-216



 



  Much of what has been said in the commentary on §§702-214 and
215 applies with equal force to this section.  The only difference is that this
section deals with reckless and negligent causation.  Here the Code is
concerned with results which differ from those within the risk of which the
defendant was aware or of which the defendant should have been aware.  However,
the factors which are to be considered are the same:  whether the actual harm
is more extensive or serious than the probable result and whether the actual
result is too remote or accidental in its occurrence or too dependent on
another's volitional conduct.  For a fuller discussion, the reader is referred
to the commentary on §§702-214 and 215.



 



SUPPLEMENTAL COMMENTARY ON §702-216



 



  Act 136, Session Laws 1973, amended paragraph (1) by deleting
the words "intended or contemplated" which followed the word
"harm" and amended paragraph (2) by substituting the phrase
"probable result" for the phrase "intended or contemplated
result."  References to the words "intended or contemplated"
were eliminated since they "connote an intentional act on the part of the
accused which is inconsistent with 'reckless' or 'negligent' as defined in
§702-206."  Senate Standing Committee Report No. 858, House Standing
Committee Report No. 726.



  Act 163, Session Laws 1975, amended this section in order to
phrase the propositions in positive rather than negative language.  It was felt
that this change would make these propositions clearer when included in jury
instructions.  This amendment was not intended to change the section in
substance but only in form.  Conference Committee Report No. 19.