Multistate Bar Examination Practice Question

A man set fire to a warehouse containing highly flammable chemicals after discovering his business rival owned the property. The man believed the fire would severely damage the warehouse without harming anyone because it was empty. However, the chemicals caused an explosion, killing a security guard inside who the man did not know was present. What is the man’s criminal liability for the guard’s death in terms of the mental state required for homicide?

  • The man's actions constitute reckless homicide because setting fire to a warehouse with known flammable chemicals demonstrates a conscious disregard for a substantial risk to human life.

  • The man's actions constitute intentional homicide because he deliberately caused the fire that resulted in the security guard's death.

  • The man's actions constitute negligent homicide because he failed to consider the potential harm his actions could cause.

  • The man cannot be held criminally liable for the guard's death because he had no knowledge of the guard’s presence in the building.

Multistate Bar Examination
Criminal Law and Procedure
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